REOPENED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16-cv-10444-JEL-MKM

Waid et al v. Snyder et al Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Case in other court: U.S. Court of Appeals - Sixth
Circuit, 19-01425/19-01472/19-
U.S. Court of Appeals - Sixth Circuit, 19-01472 U.S. Court of Appeals - Sixth Circuit, 19-01477 U.S. Court of Appeals - Sixth Circuit, 19-01533 U.S. Court of Appeals - Sixth Circuit, 20-01352 Cause: 28:1331 Fed. Question: Personal Injury

Date Filed: 02/08/2016 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Diversity

Special Master Deborah E. Greenspan

represented by Deborah E. Greenspan Blank Rome LLP 1825 Eye Street, N.W. Washington, DC 20006 202-420-3100 Fax: 202-420-2201 Email: DGreenspan@blankrome.com ATTORNEY TO BE NOTICED

Plaintiff
Luke waid Parent and Next-Friend of SR, a minor

represented by Brian J. McKeen McKeen Assoc. 645 Griswold Suite 4200 Detroit, MI 48226 313-961-4400 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claire D'Lou Vergara McKeen & Associates, PC

645 Griswold, Suite 4200 Detroit, MI 48226 3139614400 Fax: 3139615985 Email: cvergara@mckeenassociates.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam T. Schnatz McAlpine PC 3201 University Drive Suite 100 Auburn Hills, MI 48326 248-373-3700 Fax: 248-373-3708 Email: atschnatz@mcalpinepc.com ATTORNEY TO BE NOTICED
Conrad J. Benedetto The Law Offices of Conrad J. Benedetto 1615 South Broad Street Philadelphia, PA 19148 215-389-1900 Fax: 215-271-8910 Email: cjbenedetto@benedettolaw.com ATTORNEY TO BE NOTICED
David J. Shea Shea Law Firm PLLC 26100 American Dr. 2nd Floor Southfield, MI 48034 248-354-0224 Email: david.shea@sadplaw.com ATTORNEY TO BE NOTICED
Deborah A. LaBelle 221 N. Main Street Suite 300 Ann Arbor, MI 48104 734-996-5620 Email: deblabelle@aol.com ATTORNEY TO BE NOTICED
Elliot M. Schaktman Marc J. Bern & Partners LLP

60 East 42nd Street Suite 950 New York, NY 10165 212-702-5000 Fax: 212-818-0164 Email: eschaktman@bernllp.com ATTORNEY TO BE NOTICED
Emmy L Levens Cohen Milstein Sellers and Toll PLLC 1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202-408-4600 Fax: 202-408-4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED
Esther Berezofsky Motley Rice, LLC 210 Lake Drive East Suite 101 Cherry Hill, NJ 08002 856-667-0500 Fax: 856-667-5133 Email: eberezofsky@motleyrice.com ATTORNEY TO BE NOTICED
Euel W. Kinsey , Jr. McKeen and Assoc 645 Griswold Street 42nd Floor Detroit, MI 48226 313-961-4400 Email: ewkinsey@mckeenassociates.com TERMINATED: 11/03/2016 ATTORNEY TO BE NOTICED
Gregory Stamatopoulos Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard Suite 2150 Detroit, MI 48202 313-800-4168 Fax: 646-293-7955

Email: gstamatopoulos@weitzlux.com ATTORNEY TO BE NOTICED
Hunter Shkolnik Napoli Shkolnik Law PLLC 1301 Avenue of the Americas 10th Floor New York, NY 10019 212-397-1000 Fax: 646-843-7603 Email: hunter@napolilaw.com ATTORNEY TO BE NOTICED
Jayson E. Blake McAlpine PC 3201 University Dr. Suite 100 Auburn Hills, MI 48326 2483733700 Email: jeblake@mcalpinepc.com ATTORNEY TO BE NOTICED
John McNeill Broaddus Weitz & Luxenberg PC 220 Lake Drive East Suite 210 Cherry Hill, NJ 08002 856-7551115 Email: jbroaddus@weitzlux.com ATTORNEY TO BE NOTICED
Jordan W. Connors Susman Godfrey L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 206-516-3814 Fax: 206-516-3883 Email: jconnors@susmangodfrey.com ATTORNEY TO BE NOTICED
Joseph K. Carley McKeen & Associates, P.C. 645 Griswold Ste. 4200 Detroit, MI 48226

3139614400 Fax: 3139615985 Email: jcarley@mckeenassociates.com TERMINATED: 02/09/2016 ATTORNEY TO BE NOTICED
Julie H. Hurwitz Goodman and Hurwitz, P.C. 1394 E. Jefferson Avenue Detroit, MI 48207 313-567-6170 Fax: 313-567-4827 Email: jhurwitz@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Justin Adatto Nelson Susman Godfrey 1000 Louisiana Suite 5100 Houston, TX 77002 713-6537895 Fax: 713-654-6666 Email: jnelson@susmangodfrey.com ATTORNEY TO BE NOTICED
Katherine M. Peaslee Susman Godfrey L.L.P. 1201 Third Avenue Suite 3800 Seattle, WA 98101 206-505-3828 Fax: 206-516-3883 Email: kpeaslee@susmangodfrey.com ATTORNEY TO BE NOTICED
Kathryn Bruner James Goodman and Hurwitz, P.C. 1394 E. Jefferson Avenue Detroit, MI 48207 313-567-6170 Fax: 313-567-4827 Email: kjames@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Keith L. Altman The Law Office of Keith Altman

33228 West 12 Mile Road Ste 375 Farmington Hills, MI 48334 516-456-5885 Email: kaltman@lawampmmt.com ATTORNEY TO BE NOTICED
Marie Napoli Napoli Shkolnik Law PLLC 360 Lexington Avenue 11th Floor New York, NY 10017 212-397-1000 Fax: 646-843-7603 Email: mnapoli@napolilaw.com ATTORNEY TO BE NOTICED
Mark L. McAlpine McAlpine & McAlpine 3201 University Drive Suite 100 Auburn Hills, MI 48326-2361 248-373-3700 Email: mlmcalpine@mcalpinepc.com ATTORNEY TO BE NOTICED
Michael L. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067-3804 248-398-9800 Email: mpitt@pittlawpc.com ATTORNEY TO BE NOTICED
Michael J. Quirk Motley Rice LLC 40 West Evergreen Avenue Suite 104 Philadelphia, PA 19118-3324 856-667-0500 Fax: 856-667-5133 Email: mquirk@motleyrice.com ATTORNEY TO BE NOTICED
Paul F. Novak

Weitz & Luxenberg, P.C. Fisher Building 3011 W. Grand Boulevard Ste 24th Floor Detroit, MI 48202 313-800-4170 Email: pnovak@weitzlux.com ATTORNEY TO BE NOTICED
Peretz Bronstein Bronstein, Gewirtz & Grossman LLC 60 East 42nd St. Suite 4600 New York, NY 10165 212-697-6484 Fax: 212-697-7296 Email: PERETZ@BGANDG.COM ATTORNEY TO BE NOTICED
Salvatore A. Amodeo Giarmarco, Mullins & Horton, P.C. 101 W. Big Beaver 10th Floor Troy, MI 48084 United Sta 248-457-7057 Fax: 248-404-6347 Email: bjmckeen@mckeenassociates.com TERMINATED: 09/15/2017 ATTORNEY TO BE NOTICED
Stephen E. Morrissey Susman Godrey L.L.P. 1201 Third Avenue Suite 3800 Seattle, WA 98101 206-373-7380 Fax: 206-516-3883 Email: smorrissey@susmangodfrey.com ATTORNEY TO BE NOTICED
Theodore J. Leopold Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200

Plaintiff
Michelle rodriguez Parent and Next-Friend of SR, a minor

Palm Beach Gardens, FL 33410 561-515-1400 Fax: 561-515-1401 Email: tleopold@cohenmilstein.com ATTORNEY TO BE NOTICED
William H. Goodman Goodman and Hurwitz 1394 E. Jefferson Avenue Detroit, MI 48207 313-567-6170 Fax: 313-567-4827 Email: bgoodman@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Jessica B. Weiner Cohen Milstein Sellers & Toll PLLC 1100 New York Ave., NW Washington, DC 20005 202-408-4600 Fax: 202-408-4699 Email: jweiner@cohenmilstein.com ATTORNEY TO BE NOTICED
represented by Brian J. McKeen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Claire D'Lou Vergara (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address)

ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Euel W. Kinsey , Jr. McKeen and Assoc 645 Griswold Street 42nd Floor Detroit, MI 48226 313-961-4400 TERMINATED: 11/03/2016 ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED

Joseph K. Carley (See above for address) TERMINATED: 02/09/2016 ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marie Napoli (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED

Salvatore A. Amodeo (See above for address) TERMINATED: 09/15/2017 ATTORNEY TO BE NOTICED

Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED

William H. Goodman (See above for address) ATTORNEY TO BE NOTICED

Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
SR a minor, by parents and NextFriends Luke Waid and Michelle Rodriguez

represented by Brian J. McKeen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Claire D'Lou Vergara (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED

Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED

David J. Shea (See above for address)

ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Euel W. Kinsey , Jr. (See above for address) TERMINATED: 11/03/2016 ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED

Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marie Napoli (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED
Salvatore A. Amodeo (See above for address) TERMINATED: 09/15/2017 ATTORNEY TO BE NOTICED

Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED

William H. Goodman (See above for address) ATTORNEY TO BE NOTICED

Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Rhonda Kelso individually, and as next friend of minor child, K.E.K

represented by Beth M. Rivers Pitt McGehee Palmer & Rivers 117 W. Fourth Street Suite 200 Royal Oak, MI 48067-3804 248-398-9800 Email: brivers@pittlawpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cary S. McGehee Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067-3804 248-398-9800 Email: cmcgehee@pittlawpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Diana Gjonaj Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard Suite 2150 DETROIT, MI 48202 313-800-4170 Email: dgjonaj@weitzlux.com LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Alison Sarah Deich Cohen Milstein Sellers & Toll PLLC 1100 New York Avenue NW Suite 500 Washington, DC 20005 202-408-4600 Fax: 202-408-4699 Email: adeich@cohenmilstein.com ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
David J. Shea

(See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED

Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED

Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED

Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED

Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Tiantha Williams individually and as next friend of minor child TW

represented by Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED

Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED

Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED

David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED

Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED

Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address)

Plaintiff Barbara Davis

ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED

Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak

Plaintiff Darrell Davis

(See above for address) ATTORNEY TO BE NOTICED
Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address)

ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
EPCO Sales, LLC TERMINATED: 06/26/2019

Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
represented by Susan L. Burke Murphy Falcon Murphy Koch Xinis One South Street 23rd Floor Baltimore, MD 21202 410-539-6500 Fax: 410-539-6599 Email: sburke@burkepllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , III Murphy & Falcon, P.A. One South Street Ste. 2300 Baltimore, MD 21202 410-951-8744 Fax: 410-539-6599 Email: hassan.murphy@murphyfalcon.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , Jr. Murphy & Falcon, P.A. One South Street Suite 2300 Baltimore, MD 21202 410-539-6500 Fax: 410-539-6599 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
Jessica Hamman Meeder Fegan Scott, LLC 1200 G Street NW Suite 800 Washington, DC 20005 410-206-0696 Fax: 202-217-2814 Email: jessica@feganscott.com TERMINATED: 10/07/2019 ATTORNEY TO BE NOTICED

John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Nicholas Adam Szokoly Murphy, Falcon & Murphy, P.A. One South Street Suite 2300 Baltimiore, MD 21202 410-951-8744 Fax: 410-539-6599 Email: nick.szokoly@murphyfalcon.com ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Marilyn Bryson

Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington 718 Beach Street P.O. Box 187 Flint, MI 48501-0187 810-407-6868 Fax: 810-265-7315 Email: Val@vlwlegal.com ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED

Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jayson E. Blake (See above for address) ATTORNEY TO BE NOTICED
John McNeill Broaddus (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Mark L. McAlpine (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak

Plaintiff
Beatrice Boler Consolidated from 16-10323

(See above for address) ATTORNEY TO BE NOTICED
Peretz Bronstein (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan L. Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address)

Plaintiff
Allina Anderson Consolidated from 16-10323

ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Jessica Hamman Meeder (See above for address) TERMINATED: 10/07/2019 ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Nicholas Adam Szokoly (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan L. Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Conrad J. Benedetto (See above for address) ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Jessica Hamman Meeder (See above for address) TERMINATED: 10/07/2019 ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Cholyanda Brown

Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Nicholas Adam Szokoly (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED
Danielle Lynn Dezbor Fieger Fieger Kenney and Harrington, P.C. 19390 West 10 Mile Road Southfield, MI 48075 248-355-5555 Fax: 248-355-5148 Email: d.dezbor@fiegerlaw.com ATTORNEY TO BE NOTICED
Donald H. Dawson , Jr. Fieger, Fieger, Kenney & Harrington, P.C. 19390 W. Ten Mile Rd. Southfield, MI 48075 Wayne 248-355-5555 Email: d.dawson@fiegerlaw.com ATTORNEY TO BE NOTICED

Plaintiff Atkins, et al Plaintiff Atkins, et al
Plaintiff 635 South Saginaw LLC

Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Justin Adatto Nelson (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Michael J. Quirk (See above for address) ATTORNEY TO BE NOTICED
Todd J. Weglarz Fieger, Fieger, Kenney & Harington, PC 19390 West 10 Mile Road Southfield, MI 48075 United Sta 248-355-5555 Fax: 248-355-5148 Email: tweglarz@fiegerlaw.com ATTORNEY TO BE NOTICED
represented by Atkins, et al PRO SE
represented by Michael Jay Fuller McHugh Fuller Law Group 97 Elias Whiddon Rd Hattiesburg, MS 39402 601-261-2220 Fax: 601-261-2481 Email: mike@mchughfuller.com ATTORNEY TO BE NOTICED
represented by 635 South Saginaw LLC PRO SE

V.
Consol Plaintiff
Myia McMillian individually and as next fried of JM and KM, minors, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
JM a minor child by Myia McMillian, Parent and Next Friend, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
KM a minor child by Myia McMillian, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Amanda Fetterman individually and as next fried of RE, KE, SE, and RE, minors, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address)

Consol Plaintiff RE a minor child by Amanda Fetterman, Parent and Next Friend, consolidated from 1610796
Consol Plaintiff KE a minor child by Amanda Fetterman, Parent and Next Friend, consolidated from 1610796
Consol Plaintiff SE a minor child by Amanda Fetterman, Parent and Next Friend, consolidated from 1610796
Consol Plaintiff RE a minor child by Amanda Fetterman, Parent and Next Friend, consolidated from 1710796

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Melissa Lightfoot individually and as next friend of TL, KA, PA, minors, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
TL a minor child by Melissa Lightfoot, Parent and Next Friend, consolidated from 1610796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
KM a minor child by Melissa Lightfoot, Parent and Next Friend, consolidated from 1610796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
PA a minor child by Melissa Lightfoot, Parent and Next Friend, consolidated from 1610796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Patricia Funches individually and as next friend of MT, a minor, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
MT a minor child by Patricia Funches, Parent and Next Friend, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Amber Brown individually and as next friend of KD, a minor, consolidated from 16-10796 TERMINATED: 08/07/2020

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED

Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED

Gregory Stamatopoulos

(See above for address) ATTORNEY TO BE NOTICED

Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED

Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED

Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED

Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED

Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
KD a minor child by Amber Brown, Parent and Next Friend, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Tiesha Tipton individually and as next friend of AT, AS, AS, and AS, minors, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff AT a minor child by Tiesha Tipton, Parent and Next Friend, consolidated from 16-10796
Consol Plaintiff AS a minor child by Tiesha Tipton, Parent and Next Friend, consolidated from 16-10796
Consol Plaintiff AS a minor child by Tiesha Tipton, Parent and Next Friend, consolidated from 16-10796
Consol Plaintiff AS a minor child by Tiesha Tipton, Parent and Next Friend, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Mary Mathes individually and as next friend of SAM and SAM, minors, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
SAM a minor child by Mary Mathes, Parent and Next Friend, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
SAM a minor child by Pamela Jordan, Parent and Next Friend, consolidated from 16-10796

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Frances Gilcreast consolidated from 16-11173

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kit A. Pierson Cohen Mistein Sellers & Toll PLLC 1100 New York Avenue, N.W. Suite 500 West Tower Washington, DC 20005 202-408-4600 Fax: 202-408-4699 Email: kpierson@cohenmilstein.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Vivian Kelley consolidated from 16-11173
Consol Plaintiff Estella A Simpkins consolidated from 16-11173

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kit A. Pierson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED

Kit A. Pierson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Lawrence Washington, Jr. Consolidated from 16-11247 and 17-10799

represented by Ari Kresch 1-800-LAW-FIRM 26700 Lahser Road Suite 400 Southfield, MI 48033 248.565.2099 Email: akresch@1800lawfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Chet W. Kern Katz & Kern, LLP 61 Broadway Suite 2220 New York, NY 10006 212-693-1330 Fax: 212-693-1329 Email: ckern@bernripka.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Marc J. Bern Bern Ripka LLP 60 East 42nd Street Suite 950 New York, NY 10165 212-702-5000 Fax: 212-818-0164

Email: mbern@bernllp.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner EXCOLO LAW, PLLC 26700 Lahser Rd Suite 401 Southfield, MI 48033 866-939-2656 Fax: 866-571-1020 Email: sradner@excololaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Debra J. Humphrey Marc J. Bern & Partners LLP 60 East 42nd Street New York, NY 10165 212-702-5000 Fax: 212-818-0164 Email: dhumphrey@bernllp.com ATTORNEY TO BE NOTICED
Elliot M. Schaktman (See above for address) ATTORNEY TO BE NOTICED
James Mason Marc J. Bern & Partners, LLP 225 W. Washington St. Suite 2200 Chicago, IL 60606 312-894-7941 Fax: 312-873-4537 Email: jmason@bernllp.com ATTORNEY TO BE NOTICED
Madeline M. Sinkovich Excolo Law, PLLC 26700 Lahser Rd. Ste 401 Southfield, MI 48033 248-291-9711 Email: msinkovich@excololaw.com ATTORNEY TO BE NOTICED

Consol Plaintiff
Taylor Washington Consoldiated from 16-11247

Ryan Steven Sharp Marc J. Bern and Partners LLP 60 E. 42nd Street Suite 950 New York, NY 10165 212-702-5000 Fax: 212-818-0164 Email: rsharp@bernllp.com ATTORNEY TO BE NOTICED
Stephen Frederick Monroe Marc J. Bern and Partners, LLP 225 W. Washington St. Suite 2200 Chicago, IL 60606 312-894-7941 Fax: 312-873-4537 Email: smonroe@bernllp.com ATTORNEY TO BE NOTICED
Teresa Marie Russo Marc J. Bern & Partners, LLP 225 W Washington St Suite 2200 Chicago, IL 60606 312-366-3157 Fax: 312-873-4537 Email: trusso@bernllp.com ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Morgan Washington Consolidated from 16-11247

Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Mason (See above for address) ATTORNEY TO BE NOTICED
Madeline M. Sinkovich (See above for address) ATTORNEY TO BE NOTICED
Ryan Steven Sharp (See above for address) ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Mason (See above for address) ATTORNEY TO BE NOTICED
Madeline M. Sinkovich (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Chloe Washington consolidated from 16-11247
Consol Plaintiff Madison Washington consolidated from 16-11247

Ryan Steven Sharp (See above for address) ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Mason (See above for address) ATTORNEY TO BE NOTICED
Madeline M. Sinkovich (See above for address) ATTORNEY TO BE NOTICED
Ryan Steven Sharp (See above for address) ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern

Consol Plaintiff
Lawrence Washington Consolidated from 16-11247

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James Mason (See above for address) ATTORNEY TO BE NOTICED
Madeline M. Sinkovich (See above for address) ATTORNEY TO BE NOTICED
Ryan Steven Sharp (See above for address) ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff Christa Godin consolidated from 16-11247
Consol Plaintiff Angel Arrand consolidated from 16-11247

Debra J. Humphrey (See above for address) ATTORNEY TO BE NOTICED
James Mason (See above for address) ATTORNEY TO BE NOTICED
Madeline M. Sinkovich (See above for address) ATTORNEY TO BE NOTICED
Ryan Steven Sharp (See above for address) ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern

Consol Plaintiff Auston Arrand consolidated from 16-11247
Consol Plaintiff William Zietz, III consolidated from 16-11247

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff Roosevelt Cameron consolidated from 16-11247
Consol Plaintiff Deborah Smith consolidated from 16-11247

Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address)

Consol Plaintiff Aby Ndoye consolidated from 16-11247
Consol Plaintiff Shanika Mixon consolidated from 16-11247

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff Robin Davis consolidated from 16-11247
Consol Plaintiff Tiffany Davenport consolidated from 16-12875

Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Ari Kresch (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Chet W. Kern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY

Consol Plaintiff Merin Johnson consolidated from 16-12875
Consol Plaintiff

ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Gregory Miller consolidated from 16-12875
Consol Plaintiff Twylla Walker consolidated from 16-12875

represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff B.W. consolidated from 16-12875
Consol Plaintiff E.D. consolidated from 16-12875
Consol Plaintiff M. N. consolidated from 16-12875

Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address)

Consol Plaintiff D.W. consolidated from 16-12875
Consol Plaintiff Village Shores LLC consolidated from 16-14498

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood Abood Law Firm 246 E. Saginaw Street Suite 100 East Lansing, MI 48823 517-332-5900 Email: andrew@aboodlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey Cynthia Lindsey & Associates 8900 E. Jefferson Avenue No. 612 Detroit, MI 48214 313-824-2157 Fax: 313-824-2157 Email: cynthia@cmlindseylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
ANGELOS CONEY ISLAND PALACE, INC. consolidated from 16-14498

Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman Law Offices of Teresa A. Bingman 1425 Ambassador Drive Okemos, MI 48864 877-957-7077 Fax: 877-957-7077 Email: tbingman@tbingmanlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff
JAN BURGESS consolidated from 16-14498

represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman

Consol Plaintiff
DAVID MUNOZ consolidated from 16-14498

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address)

Consol Plaintiff
JOSHUA BOGGESS consolidated from 16-14498

LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Michael Snyder consolidated from 16-14498

Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak

Consol Plaintiff
SHERRY MULHERIN consolidated from 16-14498

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address)

Consol Plaintiff
LAQUISHA JACOBS consolidated from 16-14498

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address)

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY

Consol Plaintiff
ZHANNA GARDIN consolidated from 16-14498

ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY

ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
EDDIE HAMMOND consolidated from 16-14498

Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Andrew P. Abood (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Tommie Lowery Sr. consolidated from 17-10343

Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff Tommie Lowery Jr consolidated from 17-10343
Consol Plaintiff Isiah Lowery consolidated from 17-10343

Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark R. Cuker Cuker Law Firm, LLC One Commerce Square 2005 Market Street, Suite 1120 Philadelphia, PA 19103 215-531-8522 Fax: 215-569-9788 Email: mark@cukerlaw.com ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark R. Cuker (See above for address) ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark R. Cuker (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff Marcus Lowery consolidated from 17-10343
Consol Plaintiff Sandra York consolidated from 17-10343
Consol Plaintiff Dorsey Ross Jr. consolidated from 17-10343
Consol Plaintiff Eugene Nelson consolidated from 17-10343

represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark R. Cuker (See above for address) ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Mark R. Cuker (See above for address) ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address)

Consol Plaintiff Bernie Nelson consolidated from 17-10343
Consol Plaintiff Tonya Rogers consolidated from 17-10360
Consol Plaintiff A. H. consolidated from 17-13060
Consol Plaintiff Z.R. consolidated from 17-10360
Consol Plaintiff Carl Johnson consolidated from 17-10360
Consol Plaintiff

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William Thomas consolidated from 17-10360
Consol Plaintiff Melissa Mays consolidated from 17-10996

represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Michael A. Mays consolidated from 17-10996

Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Keith John Pemberton consolidated from 17-10996

Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Jacqueline Pemberton consolidated from 17-10996

Diana Gjonaj (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff

David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Elnora Carthan consolidated from 17-10996

represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak

Consol Plaintiff
Brandyn Carpenter consolidated from 17-10996

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos

Consol Plaintiff Jess Carpenter consolidated from 17-10996
Consol Plaintiff

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Kimberly Carpenter consolidated from 17-10996
Consol Plaintiff Adam Murphy consolidated from 17-10996

represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Christina Murphy consolidated from 17-10996

Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Plaintiff
Michael Snyder consolidated from 17-10996

represented by Beth M. Rivers (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alison Sarah Deich (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Katherine M. Peaslee (See above for address) ATTORNEY TO BE NOTICED

Consol Plaintiff a minor child KEK consolidated from 17-10996
Consol Plaintiff a minor child CM1 consolidated from 17-10996
Consol Plaintiff a minor child CM2 consolidated from 17-10996
Consol Plaintiff a minor child CM3 consolidated from 17-10996
Consol Plaintiff a minor child CC consolidated from 17-10996

represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address)

Consol Plaintiff a minor child JC consolidated from 17-10996
Consol Plaintiff a minor child KDCM consolidated from 17-10996
Consol Plaintiff a minor child SMM consolidated from 17-10996
Consol Plaintiff a minor child CM consolidated from 17-10996
Consol Plaintiff a minor child LAM consolidated from 17-10996
Consol Plaintiff a minor child DMM consolidated from 17-10996
Consol Plaintiff Chantal Travis consolidated from 17-10941

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address)

Consol Plaintiff J.T. consolidated from 17-10941
Consol Plaintiff Y.T. consolidated from 17-10941
Consol Plaintiff D.T. consolidated from 17-10941
Consol Plaintiff Renee Anderson consolidated from 17-10941
Consol Plaintiff Shalandra Green consolidated from 17-10941
Consol Plaintiff Z.T. consolidated from 17-10941
Consol Plaintiff Aloysius Garrow consolidated from 17-10941

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address)

Consol Plaintiff Rev. Edwin Anderson Consolidated from 16-10323
Consol Plaintiff Rev. Edwin Anderson Consol Plaintiff Gradine Rogers

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Susan L. Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , III (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William H. Murphy , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jessica Hamman Meeder (See above for address) TERMINATED: 10/07/2019 ATTORNEY TO BE NOTICED
Nicholas Adam Szokoly (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by Donald H. Dawson , Jr. (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
RICHARD D SNYDER GOV

Todd J. Weglarz (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226-3281 313-965-9725 Email: edriker@bsdd.com TERMINATED: 02/13/2019 ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517-335-7664 Fax: 517-241-3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED
Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226-3281 313-965-9725 Email: mwitus@bsdd.com TERMINATED: 02/13/2019 ATTORNEY TO BE NOTICED
Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517-335-7664

Defendant State of Michigan

Fax: 517-335-7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED
Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517-335-7664 Fax: 517-241-3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED
Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226-3281 313-965-9725 Email: tmendel@bsdd.com TERMINATED: 02/13/2019 ATTORNEY TO BE NOTICED
Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517-335-7664 Fax: 517-241-3473 Email: ZLarsen@clarkhill.com TERMINATED: 01/14/2020 ATTORNEY TO BE NOTICED
represented by Daniel J. Ping Michigan Department of Attorney General 525 W. Ottowa Street Lansing, MI 48909 517-335-7650 Fax: 517-335-7653 Email: pingd@michigan.gov

Defendant Daniel Wyant

ATTORNEY TO BE NOTICED
Fadwa Z. Hammoud Michigan Department of Attorney General Solicitor General Division P.O. Box 30212 overnight mail: 525 West Ottawa St, Zip 48933 Lansing, MI 48909 517-335-7628 Email: hammoudf1@michigan.gov ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Molly Kettler Michigan Attorney General Solicitor General - FWPT 3030 W Grand Boulevard Cadillac Place, Suite 10-200 Detroit, MI 48202 313-456-3870 Email: kettlerm@michigan.gov ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 ATTORNEY TO BE NOTICED
represented by Charles E. Barbieri Foster, Swift, 313 S. Washington Square Lansing, MI 48933-2193

Defendant Liane shekter-smith

517-371-8100 Fax: 517-371-8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202-572-8671 Fax: 202-572-8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED
Jay M. Berger Clark Hill (Detroit) 500 Woodward Avenue Suite 3500 Detroit, MI 48226-3435 313-965-8300 Email: jberger@clarkhill.com ATTORNEY TO BE NOTICED
Jordan S. Bolton Clark Hill PLC 151 S. Old Woodward Ave. Suite 200 Birmingham, MI 48009 (248) 988-1839 Fax: (248) 988-2320 Email: jbolton@clarkhill.com ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517-318-3043 Fax: 517-318-3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED
represented by Charles E. Barbieri (See above for address)

Defendant Adam Rosenthal

ATTORNEY TO BE NOTICED
Jared A Roberts Fraser Trebilcock Davis & Dunlap, PC 124 West Allegan Suite 1000 Lansing, MI 48933 517-482-5800 Fax: 517-482-0887 Email: jroberts@fraserlawfirm.com ATTORNEY TO BE NOTICED
Michael H. Perry Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933-1716 517-482-5800 Fax: 517-482-0887 Email: mperry@fraserlawfirm.com ATTORNEY TO BE NOTICED
Thaddeus E. Morgan Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933 517-482-5800 Email: tmorgan@fraserlawfirm.com ATTORNEY TO BE NOTICED
represented by James A. Fajen 2950 S. State Street Suite 380 Ann Arbor, MI 48104 734-995-0181 Email: fajenlaw@fajenmiller.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Allison M. Collins Foster, Swift, Collins & Smith, P.C. 313 S. Washington Square Lansing, MI 48933 517-371-8124

Defendant Stephen Busch

Fax: 517-371-8200 Email: acollins@fosterswift.com TERMINATED: 04/10/2018 ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) TERMINATED: 04/10/2018 ATTORNEY TO BE NOTICED
James W. Burdick Burdick Law, P.C. 1760 S. Telegraph Road Suite 300 Bloomfield Hills, MI 48302-0183 248-335-5000 Fax: 248-253-9620 Email: jwb@burdickpc.com ATTORNEY TO BE NOTICED
Lisa L. Dwyer Law Office of Lisa Dwyer, P.C. 32121 Woodward Ave., PH Royal Oak, MI 48073 313-510-2793 Email: dwyerl247@aol.com TERMINATED: 02/26/2019 ATTORNEY TO BE NOTICED
represented by Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313-259-8300 Fax: 313-259-1451 Email: cciullo@kotzsangster.com TERMINATED: 04/01/2019 ATTORNEY TO BE NOTICED
Dennis K. Egan

Defendant Patrick Cook
Defendant

Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313-259-8300 Fax: 313-259-1451 Email: degan@kotzsangster.com TERMINATED: 04/01/2019 ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616-458-3633 Fax: 616-774-2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 48304 616-774-8000 Fax: 616-774-2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
Tyler J. Anderson Smith Haughey Rice & Roegge 100 Monroe Center NW Grand Rapids, MI 49503 616-774-8000 Fax: 616-774-2461 Email: tanderson@shrr.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED

Michael Prysby Defendant Bradley Wurfel
Defendant Darnell Earley

represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED
Jay M. Berger (See above for address) ATTORNEY TO BE NOTICED
Jordan S. Bolton (See above for address) ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler City of Flint Law Dept. 1101 S. Saginaw St. Flint, MI 48502 810-766-7146 Email: awheeler@cityofflint.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Todd Russell Perkins 615 Griswold Suite 400 Detroit, MI 48226 313-964-1702 Fax: 313-964-1980

Defendant Gerald Ambrose

Email: tperkins@perkinslawgroup.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Juan A. Mateo , Jr. 535 Griswold Suite 1000 Detroit, MI 48226 313-962-3500 Email: mateoja@aol.com ATTORNEY TO BE NOTICED
T. Santino Mateo Law Offices of T. Santino Mateo 535 Griswold Suite 1000 Detroit, MI 48226 313-962-3500 Email: tsantinomateo@gmail.com ATTORNEY TO BE NOTICED
William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810-766-7146 Fax: 810-232-2114 Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Barry A. Wolf Barry A. Wolf, Attorney at Law, PLLC 503 S. Saginaw Street, Suite 1410 Flint, MI 48502 810-762-1084 Fax: 810-244-1650 Email: bwolf718@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Defendant Dayne Walling
Defendant Howard Croft
Defendant Michael Glasgow

William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Alexander S. Rusek White Law PLLC 2549 Jolly Road Suite 340 Okemos, MI 48864 517-316-1195 Fax: 517-316-1197 Email: alexrusek@whitelawpllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Angela N. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Brett T. Meyer Plunkett Cooney 333 Bridge St. NW

Defendant Daugherty johnson

Suite 530 Grand Rapids, MI 49504 (616) 752-4605 Fax: (616) 752-4607 Email: bmeyer@plunkettcooney.com TERMINATED: 01/15/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gregory W. Mair O'Neill, Wallace, 300 St. Andrews Road Suite 302 Saginaw, MI 48605-1966 989-790-0960 Fax: 989-790-6902 Email: gregmair@owdpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Christopher James Marker O'Neill Wallace & Doyle 300 St. Andrews Road, Suite 302 Saginaw, MI 48605 989-790-0960 Fax: 989-790-6902 Email: cmarker@owdpc.com ATTORNEY TO BE NOTICED
Kailen C. Piper O'Neill, Wallace & Doyle, P.C. 300 St. Andrews Rd. Suite 302 Saginaw, MI 48603 989-790-0960 Fax: 989-790-6902 Email: kpiper@owdpc.com ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Edwar A. Zeineh Law Office of Edwar A. Zeineh, PLLC

Defendant Flint, City of

2800 E. Grand River Ave. Suite B Lansing, MI 48912 517-292-7000 Fax: 866-475-4449 Email: zeinehlaw@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David. W. Meyers 5520 Main Street Lexington, MI 48450 810-662-0180 Fax: 810-662-0180 Email: Davidmeyerslaw@gmail.com TERMINATED: 08/21/2019 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) TERMINATED: 06/12/2017 ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David J. DeVine Butzel Long 150 W. Jefferson Suite 100 Detroit, MI 48226 313-255-7000 Fax: 313-225-7080 Email: devine@butzel.com ATTORNEY TO BE NOTICED
Debra A. Geroux Butzel Long 110 W. Michigan Suite 1100 Lansing, MI 48933-1603 517-372-6622 Email: geroux@butzel.com

ATTORNEY TO BE NOTICED
Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313-225-7000 Fax: 313-225-7080 Email: bergf@butzel.com ATTORNEY TO BE NOTICED
Javon Rachael David Butzel Long Stoneridge West 41000 Woodward Avenue Bloomfield Hills, MI 48304 (248) 258-1415 Email: davidj@butzel.com ATTORNEY TO BE NOTICED
Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248-258-1414 Fax: 248-258-1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED
Stacy L.E. Oakes Oakes Law Group, PLLC 2811 E. Genesee Saginaw, MI 48601 18888865711 Fax: 18888865711 Email: stacy@oakeslawgroup.com TERMINATED: 10/01/2018 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
William J. Kliffel Butzel Long

Defendant Michigan Department of Environmental Quality
Defendant Edward Kurtz

150 W. Jefferson Suite 100 Detroit, MI 48226-4430 313-225-7000 Fax: 313-225-7080 Email: kliffel@butzel.com ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 ATTORNEY TO BE NOTICED
represented by Christopher A. Stritmatter Simen, Figura and Parker, PLC 5206 Gateway Centre Suite 200 Flint, MI 48507 810-235-9000 Fax: 810-235-9010 Email: cstritmatter@sfplaw.com ATTORNEY TO BE NOTICED
Michael J. Gildner Simen, Figura, 5206 Gateway Centre Suite 200 Flint, MI 48507 810-235-9000 Email: mgildner@sfplaw.com ATTORNEY TO BE NOTICED

Defendant Veolia North America, Inc.

represented by Alaina N. Devine Campbell Conroy & O'Neil, P.C. 1 Constitution Wharf Suite 310 Boston, MA 02129 617-241-3037 Fax: 617-241-5115 Email: adevine@campbell-triallawyers.com ATTORNEY TO BE NOTICED
Andreas Ringstad Campbell Conroy & O'Neil, P.C. 1205 Westlakes Drive Suite 330 Berwyn, PA 19312 610-964-1900 Fax: 610-964-1981 Email: aringstad@campbelltriallawyers.com ATTORNEY TO BE NOTICED
Bryan David McElvaine Campbell Campbell dwards & Conroy, P.C. 3000 Atrium Way Suite 200 Mt. Laurel, NJ 08054 856-251-3321 Email: bmcelvaine@campbell-triallawyers.com ATTORNEY TO BE NOTICED
Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248-822-7800 Fax: 248-822-7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
Christopher Davidson Fletcher Campbell Conroy and O'Neil PC

1 Constitution Wharf Suite 310 Charlestown, MA 02129 617-241-3000 Fax: 617-241-3000 Email: cfletcher@campbell-triallawyers.com ATTORNEY TO BE NOTICED
David M. Rogers Campbell Conroy & O'Neil, PC 1 Constitution Wharf Suite 310 Boston, MA 02129 617-241-3000 Fax: 617-241-5115 Email: drogers@campbell-triallawyers.com ATTORNEY TO BE NOTICED
James M. Campbell Campbell Conroy & O'Neil, P.C. 1 Constitution Wharf Suite 310 Boston Boston, MA 02129 617-241-3000 Fax: 617-241-5115 Email: jmcampbell@campbell-triallawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617-241-3000 Fax: 617-241-5115 Email: jgrunert@campbell-triallawyers.com TERMINATED: 08/05/2019 ATTORNEY TO BE NOTICED
John Joseph O'Donnell Campbell Conroy and O'Neil PC

1205 Westlakes Drive Suite 330 Berwyn, PA 19312 610-964-6395 Fax: 610-964-1981 Email: jodonnell@campbelltriallawyers.com ATTORNEY TO BE NOTICED
John R. Penhallegon Campbell, Conroy & O'Neil 1205 Westlakes Drive Suite 320 Berwyn, PA 19312 610-964-1900 Fax: 610-964-1981 Email: Jpenhallegon@Campbelltriallawyers.com ATTORNEY TO BE NOTICED
Joseph E O'Neil Campbell Conroy & O'Neil Pennsylvania 1205 Westlakes Drive Suite 330 Berwyn Berwyn, PA 19312 610-964-6388 Fax: 610-291-8866 Email: joneil@campbelltriallawyers.com ATTORNEY TO BE NOTICED
Kristin Michele Dupre Campbell Conroy and O'Neil PC 1 Constitution Wharf Suite 310 Boston, MA 02129 617-241-3000 Fax: 617-241-5115 Email: kdupre@campbell-triallawyers.com ATTORNEY TO BE NOTICED
Mark R. Ter Molen Mayer Brown LLP Illinois

Defendant Veolia North America, LLC

71 S. Wacker Drive Chicago, IL 60606 312-701-7307 Email: mtermolen@mayerbrown.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248-822-7804 Fax: 248-822-7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
Richard P. Campbell Campbell, Campbell, One Constitution Plaza Suite 300 Boston, MA 02129 617-241-3085 Fax: 617-241-5115 Email: rpcampbell@campbell-triallawyers.com ATTORNEY TO BE NOTICED
Sarah E. Reynolds Mayer Brown LLP 71 South Wacker Drive Chicago, IL 60606 312-701-7644 Fax: 312-706-8546 Email: sreynolds@mayerbrown.com ATTORNEY TO BE NOTICED
represented by Alaina N. Devine (See above for address) ATTORNEY TO BE NOTICED
Andreas Ringstad (See above for address) ATTORNEY TO BE NOTICED
Bryan David McElvaine

(See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
Christopher Davidson Fletcher (See above for address) ATTORNEY TO BE NOTICED
David M. Rogers (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) TERMINATED: 08/05/2019 ATTORNEY TO BE NOTICED
John Joseph O'Donnell (See above for address) ATTORNEY TO BE NOTICED
John R. Penhallegon (See above for address) ATTORNEY TO BE NOTICED
Joseph E O'Neil (See above for address) ATTORNEY TO BE NOTICED
Kristin Michele Dupre (See above for address) ATTORNEY TO BE NOTICED
Mark R. Ter Molen (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address)

Defendant Veolia North America Operating Services, LLC
Defendant

ATTORNEY TO BE NOTICED
Richard P. Campbell (See above for address) ATTORNEY TO BE NOTICED
Sarah E. Reynolds (See above for address) ATTORNEY TO BE NOTICED
represented by James M. Campbell (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Alaina N. Devine (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
Christopher Davidson Fletcher (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) TERMINATED: 08/05/2019 ATTORNEY TO BE NOTICED
John Joseph O'Donnell (See above for address) ATTORNEY TO BE NOTICED
Kristin Michele Dupre (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED

Veolia Environnement S.A. TERMINATED: 11/07/2017
Defendant Lockwood, Andrews & Newnam, P.C.

represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469-356-2535 Fax: 469-357-0860 Email: david.kent@faegredrinker.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304-5097 248-901-4000 Email: rkamenec@plunkettcooney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jude T. Hickland Drinker Biddle & Reath LLP 1717 Main Street Suite 5400 Dallas, TX 75201 469-357-2541 Fax: 469-327-0860 Email: jude.hickland@faegredrinker.com ATTORNEY TO BE NOTICED
Karen E. Beach Plunkett Cooney 38505 Woodward Ave. Suite 2000 Bloomfield Hills, MI 48304 248-901-4098 Fax: 248-901-4040 Email: kbeach@plunkettcooney.com TERMINATED: 09/16/2019 ATTORNEY TO BE NOTICED

Defendant Lan Inc.
Defendant Leo A. Daly Company

Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517-324-5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Rhonda R. Stowers Plunkett & Cooney 111 E. Court Street Suite 1B Flint, MI 48502 810-232-5100 Fax: 810-232-3159 Email: rstowers@plunkettcooney.com ATTORNEY TO BE NOTICED
Saulius K. Mikalonis Butzel Long 150 W. Jefferson Suite 100 Detroit, MI 48226-4430 313-225-7000 Email: smikalonis@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jude T. Hickland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec

Defendant
Veolia Water North America Operating Services, LLC

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen E. Beach (See above for address) TERMINATED: 09/16/2019 ATTORNEY TO BE NOTICED
Peter D. Cronk Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517-333-6598 Email: pcronk@plunkettcooney.com ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Rhonda R. Stowers (See above for address) ATTORNEY TO BE NOTICED
Saulius K. Mikalonis (See above for address) ATTORNEY TO BE NOTICED
Wayne Brian Mason Faegre Drinker Biddle & Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469.357.2502 Fax: 469-327-0860 Email: Wayne.Mason@faegredrinker.com ATTORNEY TO BE NOTICED
represented by Alaina N. Devine (See above for address) ATTORNEY TO BE NOTICED

Defendant

Andreas Ringstad (See above for address) ATTORNEY TO BE NOTICED
Bryan David McElvaine (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
David M. Rogers (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) TERMINATED: 08/05/2019 ATTORNEY TO BE NOTICED
John R. Penhallegon (See above for address) ATTORNEY TO BE NOTICED
Joseph E O'Neil (See above for address) ATTORNEY TO BE NOTICED
Mark R. Ter Molen (See above for address) ATTORNEY TO BE NOTICED
Richard P. Campbell (See above for address) ATTORNEY TO BE NOTICED
Sarah E. Reynolds (See above for address) ATTORNEY TO BE NOTICED

United States of America

represented by Eric Rey US Department of Justice Civil Division 175 N Street, NE Washington, DC 20002 202-616-4224 Email: eric.a.rey@usdoj.gov ATTORNEY TO BE NOTICED
Jason T. Cohen U.S. Department of Justice Civil Division Torts Branch-Environmental Tort Litigation 175 N. Street, NE Washington, DC 20002 202-514-0335 Fax: 202-616-4473 Email: Jason.T.Cohen@usdoj.gov ATTORNEY TO BE NOTICED
Michael L. Williams United States Department of Justice Civil Division, Torts Branch, Environmental Tort Litigation 175 N Street, N.E. Washington, DC 20002 202-307-3839 Email: michael.l.williams@usdoj.gov ATTORNEY TO BE NOTICED
Timothy B. Walthall DOJ-Civ Patti King 175 N Street, NE Ste 11.102 Washington, DC 20530 202-305-0692 Email: timothy.walthall@usdoj.gov ATTORNEY TO BE NOTICED
William Quinn DOJ-Civ Department of Justice 175 N Street, NE Ste 11.101 3CON Washington, DC 20002

V. Consol Defendant Lockwood, Andrews & Newman, Inc. consolidated from 16-10796
Consol Defendant Dennis Muchmore consolidated from 16-12247

202-616-4451 Email: william.j.quinn@usdoj.gov ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter D. Cronk (See above for address) ATTORNEY TO BE NOTICED
Wayne Brian Mason (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Michigan Department of Health and Human Services consolidated from 16-12247

represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nathan A. Gambill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant
Eden Wells consolidated from 16-11247

represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nathan A. Gambill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Consol Defendant Nick Lyon consolidated from 16-11247
Consol Defendant Linda Dykema consolidated from 16-11247

Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zachary C. Larsen

Consol Defendant Nancy Peeler consolidated from 16-11247
Consol Defendant Robert Scott consolidated from 16-11247
Consol Defendant Rowe Professional Service Company consolidated from 16-11247 formerly known as Rowe Engineering, Inc.

(See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Michael S. Cafferty Michael S. Cafferty & Assoc. 333 W. Fort Street Suite 1400 Detroit, MI 48226 313-964-3070 Email: mcaffe@aol.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Mary Chartier 2295 Sower Blvd. Okemos, MI 48864 517-885-3305 Fax: 517-885-3363 Email: mary@cndefenders.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kurt E. Krause 2295 Sower Blvd. Okemos, MI 48864 517-885-3305 Fax: 517-885-3363 Email: kurt@cndefenders.com ATTORNEY TO BE NOTICED
represented by Craig S. Thompson Sullivan, Ward, Patton, Gleeson & Felty, P.C. 400 Galleria Officentre Ste 500

Consol Defendant Andrew Dillon consolidated from 16-12247
Consol Defendant Leo A Daly Corp. consoldiated from 16-11247

Southfield, MI 48034 248-746-0700 Fax: 248-746-2760 Email: cthompson@sullivanwardlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jennifer R. Moran Sullivan, Ward, 25800 Northwestern Highway Suite 1000 Southfield, MI 48075-1000 248-746-0700 Fax: 248-746-2760 Email: jmoran@swappc.com ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip A. Erickson

Consol Defendant R. Kevin Clinton consolidated from 16-11247
Consol Defendant Mike Brown consolidated from 16-12247
Consol Defendant Each consolidated from 16-12247 Consol Defendant Veolia Water North America Operating Services, LLC Consolidated from 16-12875

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 01/14/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by William Young Kim (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
James M. Campbell (See above for address)

Consol Defendant
Jeff Wright consolidated from 16-14498

ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) TERMINATED: 08/05/2019 ATTORNEY TO BE NOTICED
represented by Gregory M. Meihn Foley & Mansfield, PLLP 130 East Nine Mile Road Ferndale, MI 48220 248-721-4200 Fax: 248-721-4201 Email: gmeihn@foleymansfield.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
John Stephen Gilliam Foley & Mansfield, PLLP 103 E. 9 Mile Rd. Ferndale, MI 48220-3728 248-721-4200 Fax: 248-721-4201 Email: jgilliam@foleymansfield.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Kevin K. Kilby McGraw Morris P.C. 2075 West Big Beaver Road Suite 750 Troy, MI 48084 248-502-4000 Fax: 248-502-4001 Email: kkilby@mcgrawmorris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Matthew Wise Foley & Mansfield, PLLP 130 E. 9 Mile Rd. Ferndale, MI 48220 248-721-4200 Fax: 248-721-4201 Email: mwise@foleymansfield.com

Consol Defendant
Daugherty Johnson consolidated from 16-14498

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Stacy J. Belisle McGraw Morris P.C. 2075 West Big Beaver Road Suite 750 Troy, MI 48084 248-502-4000 Fax: 248-502-4001 Email: sbelisle@mcgrawmorris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Thomas J. McGraw McGraw Morris P.C. 2075 West Big Beaver Road Suite 750 Troy, MI 48084 248-502-4000 Fax: 248-502-4001 Email: tmcgraw@mcgrawmorris.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Joseph F. Galvin Genesee County Drain Commissioners Office 4610 Beecher Road Flint, MI 48532 810-732-7870 Email: jgalvin@gcdcwws.com ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Edwar A. Zeineh (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
David. W. Meyers

Consol Defendant Lockwood consolidated from 17-10343
Consol Defendant Leo Daily consolidated from 17-10343
Consol Defendant Rowe LLC consolidated from 17-10343
Consol Defendant Lockwood, Andrews & Newman, P.C. consolidated from 17-10941

(See above for address) TERMINATED: 08/21/2019 ATTORNEY TO BE NOTICED
William Young Kim , City of Flint
1101 S. Saginaw Street Third Floor
Flint, MI 48502 810-766-7146 Fax: 810-232-2114 Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
represented by Craig S. Thompson (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip A. Erickson

Consol Defendant
Lockwood, Andrews & Newnam, Inc. consolidated from 17-10941

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Peter D. Cronk (See above for address) ATTORNEY TO BE NOTICED
Wayne Brian Mason (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Jude T. Hickland (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen E. Beach (See above for address) TERMINATED: 09/16/2019 ATTORNEY TO BE NOTICED
Rhonda R. Stowers (See above for address) ATTORNEY TO BE NOTICED

Saulius K. Mikalonis (See above for address) ATTORNEY TO BE NOTICED

V.
Movant
Village Shores LLC consolidated from 16-11247

represented by Emmy L Levens (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Concerned Pastors for Social Action consolidated from 15-14002

represented by Sarah C. Tallman Natural Resources Defense Council 20 North Wacker Drive Suite 1600 Chicago, IL 60606 312-651-7918 Fax: 312-332-1908 Email: stallman@nrdc.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Melissa Mays consolidated from 15-14002

represented by Sarah C. Tallman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED

Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Movant
American Civil Liberties Union of Michigan consolidated from 15-14002

Movant
Natural Resources Defense Council, Inc. consolidated from 15-14002

represented by Sarah C. Tallman (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Movant
Beverly's Restaurant, Cakes & Catering consolidated from 15-14002

represented by Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED

Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Movant
Valdemar Luther Washington, PLLC

represented by Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

Interested Party McAlpine PC

represented by Mark L. McAlpine (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Adam T. Schnatz (See above for address) ATTORNEY TO BE NOTICED

Interested Party Corey Stern

represented by Corey M. Stern Levy Konigsberg, LLP 800 Third Avenue Suite 11th Floor New York, NY 10022 212-605-6298 Fax: 212-605-6290 Email: cstern@levylaw.com

Interested Party Thaddeus E Morgan
Interested Party Michael H. Perry mperry@fraserlawfirm.com
Interested Party Shari Guertin

ATTORNEY TO BE NOTICED
Renner Kincaid Walker Levy Konigsberg, LLP 800 Third Avenue 11th Floor New York, NY 10022 212-605-6200 Fax: 212-605-6290 Email: rwalker@levylaw.com ATTORNEY TO BE NOTICED
represented by Thaddeus E. Morgan (See above for address) ATTORNEY TO BE NOTICED
represented by Michael H. Perry (See above for address) ATTORNEY TO BE NOTICED
represented by Jack B. Prior Hart McLaughlin & Eldridge Suite 1600 22 W. Washington Street Chicago, IL 60602 312-955-0545 Fax: 312-971-9243 Email: jprior@hmelegal.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
David E. Hart Maddin, Hauser, 28400 Northwestern Highway Second Floor Southfield, MI 48034 248-354-4030 Email: dhart@maddinhauser.com ATTORNEY TO BE NOTICED
John S. Sawin Sawin Law Firm Ltd.

55 West Wacker Drive Suite 900 Chicago, IL 60601 312-853-2490 Fax: 312-327-7072 Email: jsawin@sawinlawyers.com ATTORNEY TO BE NOTICED
Matthew Mitchell Maddin, Hauser, Roth & Heller, P.C. 28400 Northwestern Highway Second Floor Southfield, MI 48034 248-354-4030 Fax: 248-208-0722 Email: mmitchell@maddinhauser.com ATTORNEY TO BE NOTICED
Paul T. Geske McGuire Law, PC 55 W. Wacker Dr. 9th Floor Chicago, IL 60601 312-893-7002 Fax: 312-275-7895 Email: pgeske@mcgpc.com ATTORNEY TO BE NOTICED
Robert J. McLaughlin Hart McLaughlin & Eldridge, LLC 22 W. Washington Street Suite 1600 Chicago, IL 60602 312-955-0545 Fax: 312-971-9243 Email: rmclaughlin@hmelegal.com ATTORNEY TO BE NOTICED
Steven A. Hart Hart McLaughlin & Eldridge, LLC 22 W. Washington Street Suite 1600 Chicago, IL 60602 312-955-0545 Fax: 312-971-9243

Interested Party Corinne Miller
Interested Party Ms. Beatrice Boler
Interested Party Michael L. Pitt Interested Party Beth M. Rivers Interested Party Deborah LaBelle Interested Party

Email: shart@hmelegal.com ATTORNEY TO BE NOTICED
represented by Kristen E. Guinn Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616-774-8000 Fax: 616-744-2461 Email: kguinn@shrr.com TERMINATED: 03/05/2018 ATTORNEY TO BE NOTICED
represented by Jessica Hamman Meeder (See above for address) TERMINATED: 10/07/2019 ATTORNEY TO BE NOTICED
Nicholas Adam Szokoly (See above for address) ATTORNEY TO BE NOTICED
William H. Murphy , III (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
represented by Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED

Cary S McGehee Interested Party Herbert Sanders
Interested Party Shawntane Williams
Interested Party McLaren Healthcare Corporation

represented by Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
represented by Herbert A. Sanders The Sanders Law Firm, PC 615 Griswold St. Suite 913 Detroit, MI 48226 313-962-0099 Fax: 313-962-0044 Email: haslawpc@gmail.com ATTORNEY TO BE NOTICED
Kevin L. Laidler 720 N. Lapeer Road Suite 203 Lake Orion, MI 48362 248-481-1158 Fax: 313-582-7962 Email: laidlerlaw@hotmail.com ATTORNEY TO BE NOTICED
represented by Shawntane Williams Williams & Associates Law Firm PLLC 28211 Southfield Rd. #353 Lathrup Village, MI 48076 United Sta (248) 436-2667 Fax: (248) 468-1075 Email: sw@williamspllc.com TERMINATED: 01/15/2019 ATTORNEY TO BE NOTICED
represented by J. Brian MacDonald Cline, Cline, 1000 Mott Foundation Building 503 S. Saginaw Street Flint, MI 48502 810-232-3141 Email: bmacdonald@ccglawyers.com

Interested Party Shayla Fletcher
Interested Party Teresa Ann Caine Bingman
Interested Party Cohen Milstein Sellers & Toll PLLC Consolidated from 16-10323

ATTORNEY TO BE NOTICED
Susan Elizabeth Smith Beveridge & Diamond, PC 1350 I Street N.W. Suite 700 Washington, DC 20005 202-789-6031 Fax: 202-789-6190 Email: ssmith@bdlaw.com ATTORNEY TO BE NOTICED
represented by Shayla A. Fletcher The Fletcher Law Firm, PLLC 1637 S. Huron Ypsilanti, MI 48197 734-564-7759 Fax: 734-636-0737 Email: sfletcher@thefletcherlawfirmpllc.com ATTORNEY TO BE NOTICED
represented by Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
represented by Jessica B. Weiner (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Leslie M. Kroeger Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 561-515-1400

Fax: 561-515-1401 ATTORNEY TO BE NOTICED

Interested Party Ann Newell

represented by Jonathon A. Rabin Hall, Render, Killian, Heath and Lyman, PC Columbia Center, Suite 745 101 West Big Beaver Road Troy, MI 48084 (248) 740-7505 Email: jrabin@hallrender.com ATTORNEY TO BE NOTICED

Larry R. Jensen , Jr. Hall, Render, Killian, Heath & Lyman, PLLC Columbia Center, Suite 745 101 W. Big Beaver Rd Troy, MI 48084 248-457-7505 Email: LJensen@hallrender.com ATTORNEY TO BE NOTICED

Interested Party Norbert Birchmeier

represented by Jonathon A. Rabin (See above for address) ATTORNEY TO BE NOTICED

Larry R. Jensen , Jr. (See above for address) ATTORNEY TO BE NOTICED

Interested Party
City of Flint Board of Hospital Managers d/b/a Hurley Medical Center

represented by Jonathon A. Rabin (See above for address) ATTORNEY TO BE NOTICED

Larry R. Jensen , Jr. (See above for address) ATTORNEY TO BE NOTICED

Interested Party

Renner Walker Interested Party Laurence Tribe
Interested Party Jonathan Massey
Interested Party darryl keenan segars
Interested Party D. Alexander Latanision

represented by Renner Kincaid Walker (See above for address) ATTORNEY TO BE NOTICED
represented by Laurence H. Tribe 1575 Massachusetts Avenue Cambridge, MA 02138 617-495-1767 Fax: 617-496-4947 Email: larry@tribelaw.com ATTORNEY TO BE NOTICED
represented by Jonathan S. Massey Massey and Gail LLP 1000 Maine Ave. SW Suite 450 Washington, DC 20024 202-652-4511 Fax: 312-379-0467 Email: jmassey@masseygail.com ATTORNEY TO BE NOTICED
represented by Darryl Keenan Segars The Segars Law Firm 615 Griswold St., Suite 913 Detroit, MI 48226 (313) 859-5500 Fax: (313) 859-5506 Email: segarslaw@hotmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by David Alexander Latanision Levy Konigsberg, LLP 800 Third Ave 11th Floor New York, NY 10022 212-605-6276 Email: alatanision@levylaw.com ATTORNEY TO BE NOTICED

Interested Party Lashema Marble
Interested Party Co-Liaison Counsel for the Individual Plaintiffs Interested Party Tamara Nappier
Interested Party Tamara Nappier

represented by Cindy Tsai Loevy & Loevy 311 N. Aberdeen Street 3rd Floor Chicago, IL 60607 312-243-5900 Fax: 312-243-5902 Email: cindy@loevy.com ATTORNEY TO BE NOTICED
Julie Goodwin Loevy & Loevy 311 N. Aberdeen 3rd FL Chicago, IL 6067 312-243-5900 Fax: 312-243-5902 Email: julie@loevy.com ATTORNEY TO BE NOTICED
represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by Elizabeth C. Thomson Hertz Schram PC 1760 South Telegraph Road Suite 300 Bloomfield Hills, MI 48302 248-335-5000 Fax: 248-335-3346 Email: lthomson@hertzschram.com ATTORNEY TO BE NOTICED
represented by Matthew J. Turchyn Hertz Schram PC 1760 S. Telegraph Rd. Suite 300 Bloomfield Hills, MI 48302 248-335-5000

Interested Party Tamara Nappier
Objector Karegnondi Water Authority

Fax: 248-335-3346 Email: mturchyn@hertzschram.com ATTORNEY TO BE NOTICED
represented by Patricia A. Stamler Hertz Schram 1760 S. Telegraph Road Suite 300 Bloomfield Hills, MI 48302 248-335-5000 Email: pstamler@hertzschram.com ATTORNEY TO BE NOTICED
represented by Matthew Wise (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 02/08/20 16
02/08/20 16 02/08/20 16
02/09/20 16

# Docket Text
1 COMPLAINT filed by All Plaintiffs against Gerald Ambrose, Stephen Busch, City of Flint, Patrick Cook, Howard Croft, Darnell Earley, Michael Glasgow, Michael Prysby, Adam Rosenthal, RICHARD D SNYDER, State of Michigan, Dayne Walling, Bradley Wurfel, Daniel Wyant, Daugherty johnson, Liane shekter-smith with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645-5543867 - Fee: $ 400. County Where Action Arose: Genesee County - [Previously dismissed case: No] [Possible companion case(s): None] (Carley, Joseph) Modified on 2/8/2016 (DWor). [ATTORNEY DOES NOT WANT SUMMONS ISSUED TO JOSEPH CARLEY BUT TO BRIAN MCKEEN] (Entered: 02/08/2016)
2 NOTICE by All Plaintiffs Ex-Parte Motion for Appointment of Next Friend (Carley, Joseph) (Entered: 02/08/2016)
3 CONSENT by All Plaintiffs (Carley, Joseph) Modified on 2/9/2016 (DWor). [DOCUMENT ENTITLED "SUBSTITUTION OF COUNSEL"] (Entered: 02/08/2016)
4 ORDER for Substitution of Attorney. Attorney Brian J. McKeen for Michelle Rodriguez and Luke Waid added. Signed by District Judge Matthew F. Leitman. (HMon) (Entered: 02/09/2016)

02/09/20 16 02/09/20 16
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06/10/20 16 06/16/20 16

5 SUMMONS Issued for * All Defendants * (DWor) (Entered: 02/09/2016)
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor) (Entered: 02/09/2016)
6 ORDER REASSIGNING CASE from District Judge Matthew F. Leitman and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 02/11/2016)
7 ORDER appointing next friend. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 02/12/2016)
8 NOTICE of Appearance by Mark L. McAlpine on behalf of McAlpine PC. (McAlpine, Mark) (Entered: 02/18/2016)
9 AMENDED 8 Notice of Appearance by McAlpine PC (McAlpine, Mark) (Entered: 02/19/2016)
10 CERTIFICATE OF SERVICE by McAlpine PC (McAlpine, Mark) Modified on 2/23/2016 (DWor). [AMENDED] (Entered: 02/23/2016)
11 ATTORNEY APPEARANCE: Hunter Shkolnik appearing on behalf of All Plaintiffs (Shkolnik, Hunter) (Entered: 03/08/2016)
12 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/12/2016)
13 NOTICE of Appearance by Euel W. Kinsey, Jr on behalf of All Plaintiffs. (Kinsey, Euel) (Entered: 06/01/2016)
14 Emergency MOTION Extension of Summons by All Plaintiffs. (Attachments: # 1 Exhibit Complaint, # 2 Exhibit Summons, # 3 Exhibit Opinion and Order) (Kinsey, Euel) (Entered: 06/01/2016)
15 ORDER granting 14 Motion to Extend Summons. Signed by District Judge John Corbett O'Meara. (SSch) (Entered: 06/13/2016)
16 NOTICE by All Plaintiffs re 14 Emergency MOTION Extension of Summons Errata Re Plaintiffs Emergency Motion to Extend Life of Summons (Attachments: # 1 Exhibit County Case Docket, # 2 Exhibit Court of Claims Docket, # 3 Exhibit Collins Complaint, # 4 Exhibit Mays Complaint, # 5 Exhibit Federal Court Docket, # 6 Exhibit Mason Docket, # 7 Exhibit Mason Removal, # 8 Exhibit Mason Intervention, # 9 Exhibit

07/29/20 16
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08/17/20 16

Mason Remand, # 10 Exhibit Boler Opinion, # 11 Exhibit June 1 Email, # 12 Exhibit June 2 Email, # 13 Exhibit June 3 Email, # 14 Exhibit Def Early et al Motion for Reconsideration) (Kinsey, Euel) (Entered: 06/16/2016)
17 STIPULATION FOR AN EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS FOR DEFENDANTS WURFEL, WYANT, BUSCH, SMITH, COOK, PRYSBY AND ROSENTHAL by All Plaintiffs (Shkolnik, Hunter) (Entered: 07/29/2016)
18 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel. (Pattwell, Michael) (Entered: 07/29/2016)
19 NOTICE of Appearance by Michael J. Pattwell on behalf of Daniel Wyant. (Pattwell, Michael) (Entered: 07/29/2016)
20 NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 08/02/2016)
21 NOTICE of Appearance by Stacy Erwin Oakes on behalf of Flint, City of. (Erwin Oakes, Stacy) (Entered: 08/02/2016)
22 ORDER Extending Time for Defendants Wurfel, Wyant, Busch, Smith, Cook, Prysby, and Rosenthal to Respond to 1 Complaint; Responsive Pleading due by 11/4/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/03/2016)
23 NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 08/03/2016)
24 ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 08/03/2016)
25 ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 08/03/2016)
26 ATTORNEY APPEARANCE: Philip A. Grashoff, Jr appearing on behalf of Stephen Busch w/Certificate of Service (Grashoff, Philip) (Entered: 08/03/2016)
27 Ex Parte MOTION Additional Brief Pages by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 08/17/2016)

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TEXT-ONLY ORDER Granting 27 Ex Parte MOTION Additional Brief Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/18/2016)
28 MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I) (Kim, William) (Entered: 08/22/2016)
29 NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 08/24/2016)
30 NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 08/24/2016)
31 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Shkolnik, Hunter) (Entered: 09/12/2016)
REQUEST for SUMMONS for Edward Kurtz, Michigan Department of Environmental Quality, Veolia Environnement S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Shkolnik, Hunter) (Entered: 09/12/2016)
32 SUMMONS Issued for *Edward Kurtz, Michigan Department of Environmental Quality, Veolia Environnement S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC* (DWor) (Entered: 09/13/2016)
33 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 09/15/2016)
34 ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 09/21/2016)
35 ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of RICHARD D SNYDER, State of Michigan (Kuhl, Richard) (Entered: 09/21/2016)
36 ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of RICHARD D SNYDER, State of Michigan (Gambill, Nathan) (Entered: 09/21/2016)

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37 ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of RICHARD D SNYDER, State of Michigan (Larsen, Zachary) (Entered: 09/21/2016)
38 STIPULATED ORDER Extending Time to Respond to 31 Amended Complaint; Responsive Pleading due by 10/7/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/26/2016)
39 STIPULATION re 31 Amended Complaint for Entry of an Order Extending Page Limit by RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 09/26/2016)
TEXT-ONLY ORDER Granting 39 Stipulation. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/27/2016)
40 NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 09/29/2016)
41 NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 09/29/2016)
42 MOTION to Dismiss with Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (b)(6) by RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4, # 6 Exhibit Ex. 5) (Bettenhausen, Margaret) (Entered: 10/03/2016)
43 Ex Parte MOTION for Leave to File Excess Pages by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 10/05/2016)
TEXT-ONLY ORDER Granting 43 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/05/2016)
44 NOTICE of Appearance by Eugene Driker on behalf of RICHARD D SNYDER. (Driker, Eugene) (Entered: 10/06/2016)
45 NOTICE of Appearance by Todd R. Mendel on behalf of RICHARD D SNYDER. (Mendel, Todd) (Entered: 10/06/2016)
46 NOTICE of Appearance by Morley Witus on behalf of RICHARD D SNYDER. (Witus, Morley) (Entered: 10/06/2016)
47 MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Attachments: # 1 Index of Exhibits Table of Exhibits, # 2 Exhibit Exhibit

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A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I, # 11 Exhibit Exhibit J) (Kim, William) (Entered: 10/07/2016)
48 NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel. (Bolton, Jordan) (Entered: 10/18/2016)
49 NOTICE of Appearance by Jordan S. Bolton on behalf of Daniel Wyant. (Bolton, Jordan) (Entered: 10/18/2016)
50 MOTION For Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 10/21/2016)
TEXT-ONLY ORDER Granting 50 MOTION For Leave to File Excess Pages filed by Luke waid, Michelle rodriguez, SR. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/24/2016)
51 NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 10/24/2016)
52 RESPONSE to 42 MOTION to Dismiss with Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (b)(6) filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 10/24/2016)
53 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 10/26/2016)
54 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 10/26/2016)
55 NOTICE of Appearance by Salvatore A. Amodeo on behalf of All Plaintiffs. (Amodeo, Salvatore) Modified on 10/27/2016 (DWor). [DOCUMENT ENTITLED "CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY"] (Entered: 10/26/2016)
TEXT-ONLY ORDER Granting 53 MOTION for Leave to File Excess Pages filed by Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/27/2016)
TEXT-ONLY ORDER Granting 54 MOTION for Leave to File Excess Pages filed by Bradley Wurfel. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/27/2016)
56 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 10/27/2016)

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57 MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shektersmith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G1, # 9 Exhibit G2, # 10 Exhibit G3, # 11 Exhibit G4, # 12 Exhibit G5, # 13 Exhibit G6, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Grashoff, Philip) (Entered: 10/27/2016)
TEXT-ONLY ORDER Granting 56 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/27/2016)
58 RESPONSE to 47 MOTION to Dismiss filed by RICHARD D SNYDER, State of Michigan. (Gambill, Nathan) (Entered: 10/28/2016)
59 RESPONSE to 47 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 10/28/2016)
60 NOTICE by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan of withdrawal of 42 MOTION to Dismiss with Brief in Support Under Fed. R. Civ. P. 12(b)(1) and (b)(6) and Stipulation to Establish Deadline to Respond to First Amended Complaint (Dkt. 31). (Bettenhausen, Margaret) (Entered: 10/31/2016)
61 STIPULATION re 31 Amended Complaint Acceptance of Service and Stipulation to Establish Deadline to Respond To First Amended Complaint by Michigan Department of Environmental Quality (Bettenhausen, Margaret) (Entered: 10/31/2016)
62 ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Michigan Department of Environmental Quality (Bettenhausen, Margaret) (Entered: 10/31/2016)
63 ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Michigan Department of Environmental Quality (Kuhl, Richard) (Entered: 10/31/2016)
64 ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Michigan Department of Environmental Quality (Gambill, Nathan) (Entered: 10/31/2016)
65 ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Michigan Department of Environmental Quality (Larsen, Zachary) (Entered: 10/31/2016)

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66 Ex Parte MOTION for Leave to File Excess Pages by Liane Shekter Smith and by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 11/01/2016)
TEXT-ONLY ORDER GRANTING IN PART 66 Ex Parte MOTION for Leave to File Excess Pages; Defendants' Brief shall NOT exceed forty (40) pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/03/2016)
67 STIPULATION AND ORDER OF PARTIAL DISMISSAL OF 31 Amended Complaint, as to MDEQ Employee Defendants, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/03/2016)
68 CONSENT ORDER of Attorney Substitution with stipulation. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/03/2016)
69 MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 11/04/2016)
70 Joint MOTION to Dismiss and Brief in Support by Liane Shekter Smith and by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Boler Dismissal, # 3 Exhibit 2 - Reeners v Bandy, # 4 Exhibit 3 - USEPA Emergency Order, # 5 Exhibit 4 - Goulechi v Phillip Serra, # 6 Exhibit 5 - Mourad v Marathon Petroleum) (Barbieri, Charles) (Entered: 11/04/2016)
71 MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/04/2016)
72 RESPONSE to 57 MOTION to Change Venue filed by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 11/10/2016)
73 RESPONSE to 57 MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/11/2016)
74 STIPULATION re 57 MOTION to Change Venue by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/14/2016)
75 ORDER re 74 Stipulation to Extend Time to Respond/Reply to 57 MOTION to Change Venue; Response due by 12/1/2016, Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/14/2016)

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76 REPLY to Response re 47 MOTION to Dismiss filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Exhibit 1, # 3 Exhibit Exhibit 2, # 4 Exhibit Exhibit 3, # 5 Exhibit Exhibit 4) (Kim, William) (Entered: 11/14/2016)
77 REPLY to Response re 57 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/21/2016)
78 STIPULATION for Entry of An Order Extneding Page Limit by by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 11/21/2016)
79 MOTION to Dismiss Amended Complaint by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - March 29, 2013 City of Flint Resolution, # 3 Exhibit Exhibit 2 - June 26, 2013 City of Flint Resolution, # 4 Exhibit Exhibit 3 - Letter from Adam Rosenthal, MDEQ to Brent Wright, City of Flint, # 5 Exhibit Exhibit 4 - Boler v. Earley, Order of Dismissal, # 6 Exhibit Exhibit 5 - November 16, 2015 SDWA Notice of Intent, # 7 Exhibit Exhibit 6 - Mays v. Snyder, No. 16000017, Opinion and Order) (Bettenhausen, Margaret) (Entered: 11/21/2016)
80 RESPONSE to 57 MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/22/2016)
81 STIPULATION re 69 MOTION to Dismiss by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/22/2016)
82 STIPULATION re 71 MOTION to Dismiss by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/22/2016)
TEXT-ONLY ORDER Granting 78 Stipulation. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
83 STIPULATION AND ORDER Extending Time to File Reply to 57 MOTION to Change Venue; Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
84 ORDER Granting 81 Stipulation for Extension of Time to Respond to 69 MOTION to Dismiss; Response due by 12/21/2016, Reply due by 1/11/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)

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85 ORDER Granting 82 Stipulation for Extension of Time to Respond to 71 MOTION to Dismiss; Response due by 12/21/2016, Reply due by 1/11/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
86 NOTICE by Flint, City of re 80 Response to Motion Duplicative Submission (Berg, Frederick) (Entered: 11/22/2016)
87 STIPULATION re 70 Joint MOTION to Dismiss and Brief in Support by Liane Shekter Smith and by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/23/2016)
TEXT-ONLY ORDER Granting 87 Stipulation for Extension of Time to Respond/Reply to 70 Joint MOTION to Dismiss; Response due by 12/21/2016, Reply due by 1/13/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/23/2016)
Addition of Parties to CM/ECF: Defendants Lockwood, Andrews & Newnam, P.C., Lan Inc., Leo A. Daly Company. Reason: The party was not added to CM/ECF when e-filing 31 Amended Complaint Plaintiff requests summons issued. (Shkolnik, Hunter) (Entered: 11/23/2016)
88 SUMMONS Issued for *Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.* (DPer) (Entered: 11/28/2016)
89 RESPONSE to 57 MOTION to Change Venue filed by All Plaintiffs. (Attachments: # 1 Exhibit) (Shkolnik, Hunter) (Entered: 12/01/2016)
90 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 12/12/2016)
91 RESPONSE to 79 MOTION to Dismiss Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 12/12/2016)
TEXT-ONLY ORDER Granting 90 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/13/2016)
92 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 12/21/2016)
93 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 12/21/2016)
94 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 12/21/2016)

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95 RESPONSE to 70 Joint MOTION to Dismiss and Brief in Support by Liane Shekter Smith and filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 12/21/2016)

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96 RESPONSE to 71 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 12/21/2016)

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97 RESPONSE to 69 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 12/21/2016)

12/22/20 16

TEXT-ONLY ORDER Granting 94 MOTION for Leave to File Excess Pages, 92 MOTION for Leave to File Excess Pages, 93 MOTION for Leave to File Excess Pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/22/2016)

12/23/20 16

98 Ex Parte MOTION for Leave to File Excess Pages by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Barbieri, Charles) (Entered: 12/23/2016)

12/23/20 99 ANSWER to Amended Complaint with Affirmative Defenses by Edward

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Kurtz. (Gildner, Michael) (Entered: 12/23/2016)

12/23/20 100 CERTIFICATE OF SERVICE re 99 Answer to Amended Complaint by

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Edward Kurtz (Gildner, Michael) (Entered: 12/23/2016)

12/27/20 101 STIPULATION re 91 Response to Motion for Entry of an Order Extending

16

Page Limit by Michigan Department of Environmental Quality, RICHARD

D SNYDER, State of Michigan (Larsen, Zachary) (Entered: 12/27/2016)

12/27/20 16

102 REPLY to Response re 79 MOTION to Dismiss Amended Complaint filed by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - Opinion & Order November 28, 2016, # 3 Exhibit Exhibit 2 - City of Flint's Code of Ordinances Section 46-16) (Larsen, Zachary) (Entered: 12/27/2016)

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103 REPLY to Response re 57 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Attachments: # 1 Exhibit 1 - Victaulic Co. v Eastern Indus. Supplies, # 2 Exhibit 2 - United States v Sablan) (Barbieri, Charles) (Entered: 12/28/2016)

12/29/20 16

TEXT-ONLY ORDER Granting 98 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/29/2016)

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TEXT-ONLY ORDER Granting 101 Stipulation. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/29/2016)

01/05/20 104 Ex Parte MOTION for Leave to File Excess Pages by Bradley Wurfel.

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(Pattwell, Michael) (Entered: 01/05/2017)

01/05/20 105 Ex Parte MOTION for Leave to File Excess Pages by Daniel Wyant.

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(Pattwell, Michael) (Entered: 01/05/2017)

01/06/20 17

TEXT-ONLY ORDER Granting 104 Ex Parte MOTION for Leave to File Excess Pages filed by Bradley Wurfel, and 105 Ex Parte MOTION for Leave to File Excess Pages filed by Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/06/2017)

01/10/20 106 Ex Parte MOTION for Leave to File Excess Pages by Stephen Busch,

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Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith.

(Barbieri, Charles) (Entered: 01/10/2017)

01/11/20 107 REPLY to Response re 69 MOTION to Dismiss filed by Daniel Wyant.

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(Pattwell, Michael) (Entered: 01/11/2017)

01/11/20 17

TEXT-ONLY ORDER Granting IN PART 106 Ex Parte MOTION for Leave to File Excess Pages; Joint Reply brief shall not exceed 15 pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/11/2017)

01/11/20 108 REPLY to Response re 71 MOTION to Dismiss filed by Bradley Wurfel.

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(Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply))

(Pattwell, Michael) (Entered: 01/11/2017)

01/13/20 17

109 REPLY to Response re 70 Joint MOTION to Dismiss and Brief in Support by Liane Shekter Smith and filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Barbieri, Charles) (Entered: 01/13/2017)

01/20/20 110 MOTION for Leave to File Excess Pages by Veolia North America

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Operating Services, LLC, Veolia North America, Inc., Veolia North

America, LLC. (Williams, Michael) (Entered: 01/20/2017)

01/23/20 17

TEXT-ONLY ORDER Granting 110 MOTION for Leave to File Excess Pages filed by Veolia North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc.. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/23/2017)

01/23/20 111 MOTION to Dismiss or in the alternative, motion for more definite

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statement by Veolia North America Operating Services, LLC, Veolia North

America, Inc., Veolia North America, LLC. (Attachments: # 1 Index of

Exhibits Index, # 2 Exhibit 1, # 3 Exhibit 2) (Bush, Cheryl) (Entered: 01/23/2017)

02/01/20 112 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly

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Company, Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip)

(Entered: 02/01/2017)

02/07/20 113 ORDER granting Motions to Dismiss. Signed by District Judge John

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Corbett O'Meara. (WBar) (Entered: 02/07/2017)

02/07/20 114 JUDGMENT, Signed by District Judge John Corbett O'Meara. (WBar)

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(Entered: 02/07/2017)

03/07/20 115 MOTION TO ALTER OR AMEND THE JUDGMENT by Veolia North

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America Operating Services, LLC, Veolia North America, Inc., Veolia

North America, LLC. (Williams, Michael) (Entered: 03/07/2017)

03/21/20 17

116 RESPONSE to 115 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 03/21/2017)

03/28/20 17

117 REPLY to Response re 115 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 03/28/2017)

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118 SUPPLEMENTAL BRIEF re 115 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Exhibit 1: Davenport Opinion) (Bush, Cheryl) (Entered: 04/28/2017)

05/03/20 119 ORDER granting 115 Motion to Amend Judgment. Signed by District

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Judge John Corbett O'Meara. (WBar) (Entered: 05/03/2017)

05/12/20 120 ORDER of DISQUALIFICATION and REASSIGNING CASE from

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District Judge John Corbett O'Meara in Ann Arbor to District Judge Paul

D. Borman in Detroit. (SSch) (Entered: 05/12/2017)

05/15/20 121 ORDERS of RECUSAL. Case Reassigned to District Judge Judith E. Levy.

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(SSch) (Entered: 05/16/2017)

05/17/20 17

122 Renewed MOTION to Dismiss Under Fed. r. Civ. P. 12(b)(1) and (6) by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Letter from Rosenthal to Wright 08-17-2015, # 3 Exhibit 2 - Working to

Move Flint Forward, # 4 Exhibit 3 - Opinion and Order 11-28-2016, # 5 Exhibit 4 - Opinion and Order 02-17-2017) (Larsen, Zachary) (Entered: 05/17/2017)

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123 [DOCKET ERROR - WRONG EVENT USED - DOCUMENT IS A NOTICE] Renewed MOTION to Dismiss by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith. (Attachments: # 1 Exhibit A - Doc #70 Brief in Support of Motion to Dismiss, # 2 Exhibit B - Doc #109 Reply Brief in Support of Motion to Dismiss) (Barbieri, Charles) Modified on 5/19/2017 (LGra). (Entered: 05/18/2017)

05/24/20 17

124 MOTION to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Unpublished Cases, # 3 Exhibit B - Affidavit of Edward Benes) (Erickson, Philip) (Entered: 05/24/2017)

05/24/20 125 MOTION to Dismiss for Failure to State a Cause of Action by Lan Inc.,

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Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A -

Unpublished Case) (Erickson, Philip) (Entered: 05/24/2017)

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126 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood Andrews & Newnam Inc for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)

05/30/20 127 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and

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FINANCIAL INTEREST by Lan Inc. identifying Corporate Parent Leo A

Daly Company for Lan Inc.. (Erickson, Philip) (Entered: 05/30/2017)

05/30/20 17

128 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, P.C. identifying Other Affiliate Lockwood Andrews & Newnam Inc for Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 05/30/2017)

06/05/20 17

129 [DOCKETING ERROR] ORDER for Plaintiff(s) to Show Cause Why This Case Should Not be Dismissed for Failure to Prosecute. Show Cause Response due by 6/26/2017 Signed by District Judge Denise Page Hood. (TMcg) (Main Document 129 replaced on 6/5/2017) (TMcg). (Entered: 06/05/2017)

06/05/20 130 NOTICE of Correction re 129 Order to Show Cause - Failure to Prosecute.

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(TMcg) (Entered: 06/05/2017)

06/06/20 131 MOTION for Further Adjudication by Daniel Wyant. (Attachments:

17

# 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)

(Pattwell, Michael) (Entered: 06/06/2017)

06/06/20 132 MOTION for Further Adjudication by Bradley Wurfel. (Attachments:

17

# 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C)

(Pattwell, Michael) (Entered: 06/06/2017)

06/07/20 133 RESPONSE to 122 Renewed MOTION to Dismiss Under Fed. r. Civ. P.

17

12(b)(1) and (6) filed by All Plaintiffs. (Attachments: # 1 Exhibit Notice of

Claim) (Shkolnik, Hunter) (Entered: 06/07/2017)

06/08/20 17

134 ORDER Regarding Status Conference in All Flint Water Cases - ( InPerson Status Conference set for 7/26/2017 at 1:00 PM before District Judge Judith E. Levy) in Courtroom 1 - Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)

06/09/20 135 MOTION FOR FURTHER ADJUDICATION re 47 MOTION to

17

Dismiss by Flint, City of. (Attachments: # 1 Exhibit A, # 2 Exhibit B,

# 3 Exhibit C) (Berg, Frederick) (Entered: 06/09/2017)

06/09/20 17

136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Levens, Emmy) (Entered: 06/09/2017)

06/12/20 137 Consent, Acceptance and ORDER of Attorney Substitution with

17

stipulation. Attorney Barry A. Wolf for Gerald Ambrose added. Signed by

District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)

06/12/20 138 Consent, Acceptance and ORDER of Attorney Substitution with

17

stipulation. Attorney Alexander S. Rusek for Howard Croft added. Signed

by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)

06/12/20 139 Consent, Acceptance and ORDER of Attorney Substitution with

17

stipulation. Attorney Todd Russell Perkins for Darnell Earley added.

Signed by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)

06/12/20 140 Consent, Acceptance and ORDER of Attorney Substitution with

17

stipulation. Attorney Brett T. Meyer for Michael Glasgow added. Signed

by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)

06/12/20 141 Consent, Acceptance and ORDER of Attorney Substitution with

17

stipulation. Attorney Edwar A. Zeineh for Daugherty johnson added.

Signed by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)

06/13/20 142 ATTORNEY APPEARANCE: Thaddeus E. Morgan appearing on behalf

17

of Liane shekter-smith (Morgan, Thaddeus) (Entered: 06/13/2017)

06/14/20 143 NOTICE of Appearance by Michael H. Perry on behalf of Liane shekter-

17

smith. (Perry, Michael) (Entered: 06/14/2017)

06/14/20 17

144 STIPULATION re 124 MOTION to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6), 125 MOTION to Dismiss for Failure to State a Cause of Action by All Plaintiffs (Shkolnik, Hunter) (Entered: 06/14/2017)

06/16/20 17

145 ORDER Extending the Deadline for Response Briefs to Leo A.Daly Company's, Lockwood, Andrews & Newnam, P.C.'s and Lockwood, Andrews & Newnam, Inc's Motion to Dismiss. Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/16/2017)

06/19/20 17

146 STIPULATION re 133 Response to Motion to Extend Deadline for State Defendants' to Reply by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 06/19/2017)

06/20/20 17

TEXT-ONLY ORDER Granting Relief Sought in 146 Stipulation filed by RICHARD D SNYDER, State of Michigan, Michigan Department of Environmental Quality. Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/20/2017)

06/20/20 147 RESPONSE to 132 MOTION for Further Adjudication filed by All

17

Plaintiffs. (Attachments: # 1 Exhibit A - Guertin Dkt. 151 Opinion and

Order) (Shkolnik, Hunter) (Entered: 06/20/2017)

06/20/20 148 RESPONSE to 131 MOTION for Further Adjudication filed by All

17

Plaintiffs. (Attachments: # 1 Exhibit A - Guertin Dkt. 151 Opinion and

Order) (Shkolnik, Hunter) (Entered: 06/20/2017)

06/21/20 17

149 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith re 123 Renewed MOTION to Dismiss (Attachments: # 1 Exhibit A -- Guertin Decision) (Barbieri, Charles) (Entered: 06/21/2017)

06/22/20 150 STIPULATION re 136 Joint MOTION to Consolidate Cases , Appoint

17

Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the

Individual Actions by All Plaintiffs (Levens, Emmy) (Entered: 06/22/2017)

06/23/20 151 ORDER signed by District Judge Judith E. Levy Regarding Extension of

17

Deadlines on Joint Motion for Consolidation of Class Actions,

Appointment of Interim Co-Lead Class Counsel, and Appointment of

Liaison Counsel for the Individual Actions. See order for extended dates. (Grimes, K.) (Entered: 06/23/2017)

06/23/20 17

TEXT-ONLY CERTIFICATE OF SERVICE re 151 Order Regarding Extension of Deadlines on Joint Motion for Consolidation of Class Actions, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions on Brian J. McKeen at McKeen Associates, 645 Griswold, Ste. 4200, Detroit MI 48226. (Grimes, K.) (Entered: 06/23/2017)

06/23/20 152 STIPULATION to Extend Timeline to Respond Motion to Consolidate by

17

Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.

(Erickson, Philip) (Entered: 06/23/2017)

06/23/20 153 RESPONSE to 135 MOTION FOR FURTHER ADJUDICATION

17

re 47 MOTION to Dismiss filed by All Plaintiffs. (Attachments:

# 1 Exhibit) (Shkolnik, Hunter) (Entered: 06/23/2017)

06/26/20 154 ORDER signed by District Judge Judith E. Levy re 152 Stipulation filed by

17

Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.

See order for deadlines. (Grimes, K.) (Entered: 06/26/2017)

06/27/20 155 REPLY to Response re 132 MOTION for Further Adjudication filed by

17

Bradley Wurfel. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in

Reply)) (Pattwell, Michael) (Entered: 06/27/2017)

06/27/20 156 REPLY to Response re 131 MOTION for Further Adjudication filed by

17

Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in

Reply)) (Pattwell, Michael) (Entered: 06/27/2017)

06/28/20 17

157 STIPULATION re 124 MOTION to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6), 125 MOTION to Dismiss for Failure to State a Cause of Action by All Plaintiffs (Shkolnik, Hunter) (Entered: 06/28/2017)

06/28/20 158 ORDER signed by District Judge Judith E. Levy re 157 Stipulation. See

17

order for deadlines. (SBur) (Entered: 06/28/2017)

06/29/20 17

159 REPLY to Response re 122 Renewed MOTION to Dismiss Under Fed. r. Civ. P. 12(b)(1) and (6) filed by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Exhibit 1 - Opinion and Order) (Bettenhausen, Margaret) (Entered: 06/29/2017)

06/30/20 160 REPLY to Response re 135 MOTION FOR FURTHER ADJUDICATION

17

re 47 MOTION to Dismiss filed by Gerald Ambrose, Howard Croft,

Darnell Earley, Flint, City of, Michael Glasgow, Dayne Walling, Daugherty johnson. (Kim, William) (Entered: 06/30/2017)

07/05/20 161 NOTICE by Lan Inc., Leo A. Daly Company, Lockwood, Andrews &

17

Newnam, P.C. re 152 Stipulation Amended Certificate of Service for

Docket #152 (Erickson, Philip) (Entered: 07/05/2017)

07/07/20 17

162 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions filed by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 07/07/2017)

07/10/20 17

163 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions and Certificate of Service filed by Michigan Department of Environmental Quality, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 Lyon and Wells Notice of Appeal, # 3 Exhibit 2 - City Defendants Notice of Appeal) (Kuhl, Richard) (Entered: 07/10/2017)

07/11/20 17

164 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 07/11/2017)

07/11/20 165 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim

17

Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual

Actions filed by Flint, City of. (Berg, Frederick) (Entered: 07/11/2017)

07/11/20 17

166 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions w/Certificate of Service filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Egan, Dennis) (Entered: 07/11/2017)

07/20/20 17

167 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions of Interested Parties J. Mason, C. Rogers II, T. Springer, J. Dushane, D. Culver, Dr. Hassell, A. Dill, and D. Yeoman filed by McAlpine PC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (McAlpine, Mark) (Entered: 07/20/2017)

07/20/20 168 Ex Parte MOTION to Extend Page Limit of Reply Brief ISO Joint Motion

17

for Consolidation of the Class Actions, Appointment of Interim Co-Lead

Class Counsel, and Appointment of Liaison Counsel for the Individual Actions by All Plaintiffs. (Levens, Emmy) (Entered: 07/20/2017)

07/21/20 17

TEXT-ONLY ORDER Granting 168 Ex Parte MOTION to Extend Page Limit of Reply Brief. Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/21/2017)

07/21/20 17

169 REPLY to Response re 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions filed by All Plaintiffs. (Levens, Emmy) (Entered: 07/21/2017)

07/24/20 170 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil

17

Procedure 26(f) (Attachments: # 1 Exhibit Appendix I) (Levens, Emmy)

(Entered: 07/24/2017)

07/25/20 17

171 RESPONSE to 170 Discovery Plan - Rule 26f for Consolidated Class Action and Proposed Scheduling Order by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 07/25/2017)

07/25/20 17

172 RESPONSE to 136 Joint MOTION to Consolidate Cases , Appoint Interim Co-Lead Class Counsel, and Appoint Liaison Counsel for the Individual Actions to Interested Party Submission of the Mason Plaintiffs filed by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A - Part I - Notice Non-Party Fault in Mason Case, # 2 Exhibit A - Part II - Notice Non Party Fault in Mason Case) (Erickson, Philip) (Entered: 07/25/2017)

07/26/20 17

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/26/2017)

07/27/20 173 ORDER consolidating cases. (See order for details.) Signed by District

17

Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)

07/28/20 174 Notice to Parties Regarding Consolidated Case: Order of consolidation

17

entered on *07/27/17*. Designated lead case number is *16-10444*.

(DPer) (Entered: 07/28/2017)

07/28/20 175 ORDER Clarifying Motion Practice in Consolidated Class Action. Signed

17

by District Judge Judith E. Levy. (SBur) (Entered: 07/28/2017)

08/10/20 176 MOTION for Reconsideration re 173 Order by R. Kevin Clinton, Andrew

17

Dillon, Linda Dykema, Nick Lyon, Michigan Department of

Environmental Quality, Michigan Department of Health and Human

Services, Dennis Muchmore, RICHARD D SNYDER, State of Michigan, Eden Wells. (Larsen, Zachary) (Entered: 08/10/2017)

08/10/20 17

TEXT-ONLY ORDER Requiring Plaintiffs to Respond to Defendants 176 MOTION for Reconsideration. (Response due by 8/14/2017) Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/10/2017)

08/11/20 17

177 RESPONSE to 176 MOTION for Reconsideration re 173 Order State Defendants' Motion for Partial Reconsideration of Order Consolidating Class Actions filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 08/11/2017)

08/11/20 17

178 [STRICKEN] STIPULATION Extending Plaintiffs in (Troy Alexander, et al. v. City of Flint, et al.) Response To Plaintiffs' Liaison Counsels' Motion To File Master Individual Complaint by All Plaintiffs (Williams, Shawntane) Modified on 8/14/2017 (SBur). (Entered: 08/11/2017)

08/14/20 17

179 NOTICE of Joinder/Concurrence in 176 MOTION for Reconsideration re 173 Order filed by Michigan Department of Health and Human Services, Andrew Dillon, State of Michigan, Michigan Department of Environmental Quality, Dennis Muchmore, Nick Lyon, Eden Wells, RICHARD D SNYDER, R. Kevin Clinton, Linda Dykema by Flint, City of (Berg, Frederick) (Entered: 08/14/2017)

08/14/20 17

TEXT-ONLY ORDER Striking 178 Stipulation. Document was filed in the wrong case. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/14/2017)

08/14/20 17

180 TRANSCRIPT of Status Conference held on 7/26/2017. (Court Reporter: Jeseca C. Eddington) (Number of Pages: 99) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/5/2017. Redacted Transcript Deadline set for 9/14/2017. Release of Transcript Restriction set for 11/13/2017. Transcript may be viewed at the court public terminal or purchased through the Court Reporter (transcriptorders.com) before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Eddington, J) (Entered: 08/14/2017)

08/14/20 181 NOTICE of Appearance by Jordan W. Connors on behalf of All Plaintiffs.

17

(Connors, Jordan) (Entered: 08/14/2017)

08/14/20 182 NOTICE of Appearance by Paul F. Novak on behalf of All Plaintiffs.

17

(Novak, Paul) (Entered: 08/14/2017)

08/14/20 183 NOTICE of Appearance by Gregory Stamatopoulos on behalf of All

17

Plaintiffs. (Stamatopoulos, Gregory) (Entered: 08/14/2017)

08/14/20 17

184 RESPONSE to 176 MOTION for Reconsideration re 173 Order PLAINTIFFS RESPONSE TO STATE DEFENDANTS MOTION FOR PARTIAL RECONSIDERATION OF ORDER CONSOLIDATING CLASS ACTIONS [DKT. 173] filed by All Plaintiffs. (Connors, Jordan) (Entered: 08/14/2017)

08/14/20 185 ORDER consolidating cases 16-10444 and 17-10996. Signed by District

17

Judge Judith E. Levy. (DPer) (Entered: 08/15/2017)

08/15/20 186 Notice to Parties Regarding Consolidated Case: Order of consolidation

17

entered on *08/14/17*. Designated lead case number is *16-10444*.

(DPer) (Entered: 08/15/2017)

08/21/20 187 NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs.

17

(Hurwitz, Julie) (Entered: 08/21/2017)

08/21/20 188 ATTORNEY APPEARANCE: William H. Goodman appearing on behalf

17

of All Plaintiffs (Goodman, William) (Entered: 08/21/2017)

08/21/20 189 ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf

17

of All Plaintiffs (James, Kathryn) (Entered: 08/21/2017)

08/21/20 190 ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf

17

of All Plaintiffs Corrected Appearance (James, Kathryn) (Entered:

08/21/2017)

08/21/20 191 NOTICE of Appearance by Michael L. Pitt on behalf of All Plaintiffs. (Pitt,

17

Michael) (Entered: 08/21/2017)

08/23/20 192 NOTICE of Appearance by Esther Berezofsky on behalf of All Plaintiffs.

17

(Berezofsky, Esther) (Entered: 08/23/2017)

08/24/20 193 NOTICE of Appearance by Emmy L Levens on behalf of All Plaintiffs.

17

(Levens, Emmy) (Entered: 08/24/2017)

08/24/20 194 NOTICE of Appearance by Theodore J. Leopold on behalf of All

17

Plaintiffs. (Leopold, Theodore) (Entered: 08/24/2017)

08/28/20 195 NOTICE of Appearance by Mark R. Cuker on behalf of Isiah Lowery,

17

Marcus Lowery, Tommie Lowery Jr, Tommie Lowery Sr.. (Cuker, Mark)

(Entered: 08/28/2017)

09/05/20 196 ORDER Denying without Prejudice State Defendants' 176 Motion for

17

Reconsideration. Signed by District Judge Judith E. Levy. (SBur) (Entered:

09/05/2017)

09/05/20 197 NOTICE of Appearance by Stephen E. Morrissey on behalf of All

17

Plaintiffs. (Morrissey, Stephen) (Entered: 09/05/2017)

09/06/20 198 NOTICE of Change of Address/Contact Information by Esther Berezofsky

17

on behalf of All Plaintiffs. (Berezofsky, Esther) (Entered: 09/06/2017)

09/11/20 17

199 ORDER Regarding Second Status Conference in All Flint Water Cases (In-Person Status Conference set for 10/25/2017 at 2:00 PM before District Judge Judith E. Levy) in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/11/2017)

09/15/20 200 NOTICE of Appearance by David. W. Meyers on behalf of Daugherty

17

Johnson, Daugherty johnson. (Meyers, David.) (Entered: 09/15/2017)

09/15/20 17

201 ORDER of Attorney Substitution with stipulation. Attorney Claire D'Lou Vergara for SR,Claire D'Lou Vergara for Michelle rodriguez,Claire D'Lou Vergara for Luke waid added. Signed by District Judge Judith E. Levy. (DWor) (Entered: 09/18/2017)

09/28/20 17

202 MOTION for Protective Order to Quash Plaintiffs' Discovery Requests by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Attachments: # 1 Exhibit A) (Barbieri, Charles) (Entered: 09/28/2017)

09/28/20 17

203 NOTICE of Joinder/Concurrence in 202 MOTION for Protective Order to Quash Plaintiffs' Discovery Requests filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Daniel Wyant by Daugherty Johnson, Daugherty johnson (Meyers, David.) (Entered: 09/28/2017)

09/28/20 17

204 MOTION to Quash Plaintiffs' First Requests for Production of Documents to LAN Defendants by Lan Inc., Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A - Plaintiffs' First Requests for Production of Documents to LAN Defendants, # 2 Exhibit B - Email from Theodore Leopold of 9.15.17) (Erickson, Philip) (Entered: 09/28/2017)

09/29/20 17

205 Individual STATEMENT of MDEQ Defendants Regarding Preliminary Discovery and Appointment of Special Master Pursuant to the July 27, 2017 Order by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith (Grashoff, Philip) (Entered: 09/29/2017)

09/29/20 17

206 State Defendants' STATEMENT of Regarding Preliminary Discovery in the Combined Class Action by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore,

RICHARD D SNYDER, State of Michigan, Eden Wells (Bettenhausen, Margaret) (Entered: 09/29/2017)

09/29/20 17

207 Joint STATEMENT of Opposing Preliminary Discovery by Gerald Ambrose, Mike Brown, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling (Attachments: # 1 Index of Exhibits, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (Kim, William) (Entered: 09/29/2017)

09/29/20 17

208 NOTICE by Lan Inc., Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. Submission Regarding the Meet and Confer Process Pursuant to Order Dated July 27, 2017 (Erickson, Philip) (Entered: 09/29/2017)

09/29/20 17

209 JEFFREY WRIGHT INDIVIDUAL STATEMENT of REGARDING PRELIMINARY DISCOVERY AND APPOINTMENT OF SPECIAL MASTER PURSUANT TO THE COURTS JULY 27, 2017 ORDER by Jeff Wright (Wise, Matthew) (Entered: 09/29/2017)

09/29/20 17

210 STATEMENT of PROPOSAL WITH RESPECT TO A PRELIMINARY DISCOVERY PLAN by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Williams, Michael) (Entered: 09/29/2017)

09/29/20 211 NOTICE by All Plaintiffs PLAINTIFFS PROPOSED DISCOVERY

17

PLAN (Connors, Jordan) (Entered: 09/29/2017)

09/29/20 17

212 STATEMENT of Submission Regarding the Interim Co-Lead Counsel's Duties, the Duties of Co-Liaison Counsel for the Individual Actions, and the Creation of a Plaintiffs' Executive Committee for the Proposed Class by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Levens, Emmy) (Entered: 09/29/2017)

09/29/20 213 NOTICE by Robert Scott re 211 Notice (Other) Regarding Discovery

17

Plan (Chartier-Mittendorf, Mary) (Entered: 09/29/2017)

09/29/20 214 AMENDED COMPLAINT Consolidated Class filed by All Plaintiffs

17

against All Defendants. NO NEW PARTIES ADDED. (Levens, Emmy)

(Entered: 09/29/2017)

10/02/20 215 STATEMENT of Regarding Preliminary Discovery by Rowe Professional

17

Service Company (Thompson, Craig) (Entered: 10/02/2017)

10/02/20 216 NOTICE of Appearance by Jayson E. Blake on behalf of All Plaintiffs.

17

(Blake, Jayson) (Entered: 10/02/2017)

10/02/20 217 NOTICE of Appearance by Mark L. McAlpine on behalf of All Plaintiffs.

17

(McAlpine, Mark) (Entered: 10/02/2017)

10/02/20 218 NOTICE of Appearance by James M. Campbell on behalf of Veolia North

17

America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Campbell, James) (Entered: 10/02/2017)

10/03/20 219 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North

17

America Operating Services, LLC, Veolia North America, Inc., Veolia

North America, LLC. (Grunert, John) (Entered: 10/03/2017)

10/03/20 17

220 [NANCY PEELER'S STATEMENT/OBJECTION REGARDING PRELIMINARY DISCOVERY PLAN IN COMBINED CLASS ACTION] SUPPLEMENTAL BRIEF re 211 Notice (Other), 214 Amended Complaint Defendant Nancy Peeler's Statement/Objection Regarding Preliminary Discovery Plan in the Combined Class Action filed by Nancy Peeler. (Cafferty, Michael) Modified on 10/4/2017 (LGra). (Entered: 10/03/2017)

10/09/20 17

221 CORRECTED STATEMENT of PROPOSAL WITH RESPECT TO A PRELIMINARY DISCOVERY PLAN by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Williams, Michael) (Entered: 10/09/2017)

10/11/20 17

222 RESPONSE to 199 Order, Set Deadlines/Hearings,, MDEQ Defendants' Proposed Agenda Items for October 25, 2017 Status Conference by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Grashoff, Philip) (Entered: 10/11/2017)

10/11/20 223 NOTICE by Veolia North America Operating Services, LLC, Veolia North

17

America, Inc., Veolia North America, LLC Agenda Items for the October

25, 2017 Status Conference (Grunert, John) (Entered: 10/11/2017)

10/11/20 224 NOTICE by Lan Inc., Lockwood, Andrews & Newman, Inc., Lockwood,

17

Andrews & Newnam, P.C. Proposed Agenda Items for October 25, 2017

Status Conference (Erickson, Philip) (Entered: 10/11/2017)

10/11/20 17

225 NOTICE by All Plaintiffs re 199 Order, Set Deadlines/Hearings,, Proposed Agenda for October 25, 2017 Status Conference (Attachments: # 1 Exhibit Appendix 1 - Proposed Preliminary Discovery Schedule) (Levens, Emmy) (Entered: 10/11/2017)

10/11/20 17

226 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan re 199 Order, Set Deadlines/Hearings,, State Defendants' Proposed Agenda Items for 10/25/2017 Status Conference (Bettenhausen, Margaret) (Entered: 10/11/2017)

10/11/20 227 NOTICE by Flint, City of PROPOSED AGENDA ITEMS (Berg, Frederick)

17

(Entered: 10/11/2017)

10/11/20 228 NOTICE by Robert Scott re 199 Order, Set

17

Deadlines/Hearings,, Submission of Proposed Agenda Item (Chartier-

Mittendorf, Mary) (Entered: 10/11/2017)

10/20/20 229 AGENDA for October 25, 2017 Status Conference. (SBur) (Entered:

17

10/20/2017)

10/23/20 230 MOTION Local Rule 32.20(f)(2) by Veolia North America, Inc., Veolia

17

North America, LLC, Veolia Water North America Operating Services,

LLC. (Bush, Cheryl) (Entered: 10/23/2017)

10/24/20 231 NOTICE of Appearance by John McNeill Broaddus on behalf of All

17

Plaintiffs. (Broaddus, John) (Entered: 10/24/2017)

10/25/20 232 ORDER consolidating cases 16-10444 and 17-10941. Signed by District

17

Judge Judith E. Levy. (DPer) (Entered: 10/25/2017)

10/25/20 233 Notice to Parties Regarding Consolidated Case: Order of consolidation

17

entered on *10/25/17*. Designated lead case number is *16-10444*.

(DPer) (Entered: 10/25/2017)

10/25/20 17

TEXT-ONLY ORDER Granting 230 MOTION Local Rule 32.20(f)(2). Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/25/2017)

10/25/20 17

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 10/25/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 10/25/2017)

10/26/20 17

234 ORDER Delineating the Duties of Interim Co-Lead Class Counsel and CoLiaison Counsel for the Individual Actions and Creating a Plaintiffs' Executive Committee for the Proposed Class. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/26/2017)

10/27/20 17

235 ORDER Regarding Issues Discussed at the October 25, 2017 Status Conference - (In-Person Status Conference set for 11/15/2017 at 10:00 AM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/27/2017)

10/27/20 17

TEXT-ONLY ORDER Extending the Date for Defendants to Submit a Proposal Regarding the Appointment of Liaison Counsel or an Executive Committee to November 3, 2017. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/27/2017)

10/27/20 236 NOTICE of Appearance by Corey M. Stern on behalf of Corey Stern.

17

(Stern, Corey) (Entered: 10/27/2017)

10/27/20 237 NOTICE of Appearance by Corey M. Stern on behalf of Corey Stern.

17

(Stern, Corey) (Entered: 10/27/2017)

10/27/20 238 AMENDED COMPLAINT Consolidated Class filed by All Plaintiffs

17

against All Defendants. NO NEW PARTIES ADDED. (Weiner, Jessica)

(Entered: 10/27/2017)

11/01/20 239 STIPULATION Regarding Jurisdictional Discovery of the Leo A. Daly

17

Company by Leo A. Daly Company (Erickson, Philip) (Entered:

11/01/2017)

11/02/20 17

TEXT-ONLY ORDER Granting 239 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/02/2017)

11/03/20 17

240 NOTICE by Gerald Ambrose, Mike Brown, Stephen Busch, R. Kevin Clinton, Patrick Cook, Howard Croft, Leo Daily, Andrew Dillon, Linda Dykema, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Lan Inc., Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C., Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Michael Prysby, Adam Rosenthal, Rowe LLC, Rowe Professional Service Company, RICHARD D SNYDER, Robert Scott, State of Michigan, Veolia Environnement S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC, Dayne Walling, Eden Wells, Jeff Wright, Bradley Wurfel, Daniel Wyant, Daugherty johnson, Liane shekter-smith Joint Proposal Regarding Appointment of Executive Committee for Defendants (Kim, William) (Entered: 11/03/2017)

11/03/20 17

241 AMENDED 240 Notice (Other),,,, by Gerald Ambrose, Mike Brown, Stephen Busch, R. Kevin Clinton, Patrick Cook, Howard Croft, Leo Daily, Andrew Dillon, Linda Dykema, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Lan Inc., Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C., Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Michael Prysby, Adam Rosenthal, Rowe LLC, Rowe Professional Service Company, RICHARD D SNYDER, Robert Scott, State of Michigan, Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC, Dayne Walling, Eden Wells, Jeff Wright, Bradley Wurfel, Daniel Wyant,

Daugherty johnson, Liane shekter-smith of Defendants' Joint Proposal Regarding Appointment of Executive Committee for Defendants (Kim, William) (Entered: 11/03/2017)

11/06/20 17

242 NOTICE by Andrew Dillon, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, RICHARD D SNYDER, State of Michigan, Eden Wells of Screening Device (Kuhl, Richard) (Entered: 11/06/2017)

11/09/20 17

243 SUPPLEMENTAL BRIEF re 235 Order, Set Deadlines/Hearings,, INDIVIDUAL CITY DEFENDANTS JOINT SUPPLEMENTAL BRIEF IN SUPPORT OF A STAY OF DISCOVERY FOR CERTAIN DEFENDANTS filed by Daugherty Johnson. (Meyers, David.) (Entered: 11/09/2017)

11/09/20 17

244 SUPPLEMENTAL BRIEF re 235 Order, Set Deadlines/Hearings,, (Fifth Amendment Protections) filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, RICHARD D SNYDER, State of Michigan, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/09/2017)

11/09/20 17

245 SUPPLEMENTAL BRIEF re 235 Order, Set Deadlines/Hearings,, (Sovereign Immunity) filed by RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 11/09/2017)

11/09/20 17

246 SUPPLEMENTAL BRIEF re 235 Order, Set Deadlines/Hearings,, 5th Amendment Protections filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Protective Orders, # 3 Exhibit B-Comparison of Allegations, # 4 Exhibit C-Unpublished Cases) (Barbieri, Charles) (Entered: 11/09/2017)

11/09/20 247 SUPPLEMENTAL BRIEF re 235 Order, Set

17

Deadlines/Hearings,, (Sovereign Immunity) filed by Flint, City of. (Berg,

Frederick) (Entered: 11/09/2017)

11/09/20 17

248 SUPPLEMENTAL BRIEF re 235 Order, Set Deadlines/Hearings,, (Sovereign Immunity) filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Pattwell, Michael) (Entered: 11/09/2017)

11/09/20 249 AGENDA for November 15, 2017 Status Conference. Signed by District

17

Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)

11/09/20 17

250 [ENTERED ON WRONG DOCKET] ORDER Regarding Issues Discussed at the October 25, 2017 Status Conference - (In-Person Status Conference set for 11/15/2017 at 10:00 AM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Main Document 250 replaced on 11/9/2017) (SBur). Modified on 11/9/2017 (SBur). (Entered: 11/09/2017)

11/09/20 251 NOTICE of Correction re 250 Order. (SBur) (Entered: 11/09/2017) 17

11/10/20 252 SUPPLEMENTAL BRIEF re 235 Order, Set Deadlines/Hearings,, filed by

17

Robert Scott. (Chartier-Mittendorf, Mary) (Entered: 11/10/2017)

11/10/20 253 MOTION to Strike Allegations in Complaint and Brief in Support of

17

Motion by Stephen Busch, Liane shekter-smith. (Attachments: # 1 Exhibit

A, # 2 Exhibit B) (Grashoff, Philip) (Entered: 11/10/2017)

11/13/20 17

254 NOTICE of Joinder/Concurrence in 246 Supplemental Brief, filed by Liane shekter-smith, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, 245 Supplemental Brief filed by RICHARD D SNYDER, State of Michigan, 244 Supplemental Brief, filed by Michigan Department of Health and Human Services, Andrew Dillon, State of Michigan, Michigan Department of Environmental Quality, Dennis Muchmore, Nick Lyon, Eden Wells, RICHARD D SNYDER, R. Kevin Clinton, Linda Dykema by Nancy Peeler (Cafferty, Michael) (Entered: 11/13/2017)

11/13/20 255 Status REPORT (Joint) REGARDING MEET AND CONFER ITEMS

17

REQUIRED BY THIS COURT'S OCTOBER 27, 2017 ORDER [DKT.

235] by Flint, City of (Klein, Sheldon) (Entered: 11/13/2017)

11/13/20 256 NOTICE of Joinder/Concurrence in 255 Report (Free) filed by Flint, City

17

of by Howard Croft (Rusek, Alexander) (Entered: 11/13/2017)

11/14/20 17

257 RESPONSE to 253 MOTION to Strike Allegations in Complaint and Brief in Support of Motion filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Weiner, Jessica) (Entered: 11/14/2017)

11/14/20 17

258 TRANSCRIPT of Status Conference held on 10/25/2017. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 110) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/5/2017. Redacted Transcript Deadline set for 12/15/2017. Release of Transcript Restriction set for 2/12/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 11/14/2017)

11/15/20 17

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/15/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 11/15/2017)

11/16/20 259 ATTORNEY APPEARANCE: Peretz Bronstein appearing on behalf of All

17

Plaintiffs (Bronstein, Peretz) (Entered: 11/16/2017)

11/17/20 17

260 ORDER Regarding Issues Discussed at the November 15, 2017 Status Conference - (In-Person Status Conference set for 1/4/2018 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/17/2017)

11/20/20 17

261 SUPPLEMENTAL BRIEF re 246 Supplemental Brief, 252 Supplemental Brief, 254 Notice of Joinder/Concurrence,, 244 Supplemental Brief, 243 Supplemental Brief filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F, # 8 Exhibit Exhibit G, # 9 Exhibit Exhibit H, # 10 Exhibit Exhibit I) (Novak, Paul) (Entered: 11/20/2017)

11/20/20 17

262 NOTICE by Lan Inc., Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. Submission of the LAN Defendants Regarding the Fifth Amendment, the Eleventh Amendment and Qualified Immunity (Attachments: # 1 Exhibit 1 - Flint Water Advisory Task Force Report, # 2 Exhibit 2 - Office of the Auditor General Performance Audit Report, # 3 Exhibit 3 - Unpublished Cases) (Erickson, Philip) (Entered: 11/20/2017)

11/20/20 17

263 RESPONSE to 247 Supplemental Brief, 235 Order, Set Deadlines/Hearings,, 245 Supplemental Brief, 248 Supplemental Brief, Plaintiffs' Response to the State, MDEQ, and City Defendants' Supplemental Briefs Regarding Sovereign Immunity by All Plaintiffs. (Morrissey, Stephen) (Entered: 11/20/2017)

11/21/20 17

264 REPLY to Response re 253 MOTION to Strike Allegations in Complaint and Brief in Support of Motion filed by Stephen Busch, Liane shektersmith. (Attachments: # 1 Exhibit A) (Grashoff, Philip)[FILING ERROR: INCORRECT IMAGE UPLOADED - WILL REFILE CORRECT DOCUMENT] Modified on 11/21/2017 (DPer). (Entered: 11/21/2017)

11/21/20 265 REPLY to Response re 253 MOTION to Strike Allegations in Complaint

17

and Brief in Support of Motion filed by Stephen Busch, Liane shekter-

smith. (Attachments: # 1 Exhibit A) (Grashoff, Philip) (Entered: 11/21/2017)

11/21/20 266 STIPULATION Regarding Page Limits for Motion to Dismiss Briefing by

17

All Plaintiffs (Weiner, Jessica) (Entered: 11/21/2017)

11/22/20 267 ORDER Granting 266 Stipulation Regarding Page Limits for Motion to

17

Dismiss Briefing. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 11/22/2017)

11/28/20 17

268 Emergency MOTION for Order Providing That No Answer Need be Filed until Their Anticipated Motion to Dismiss is Resolved by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Exhibit Proposed Order) (Bush, Cheryl) (Entered: 11/28/2017)

11/28/20 269 ORDER Granting the Veolia Defendants' 268 Motion to file an Answer

17

after their Partial Motion to Dismiss is Decided. Signed by District Judge

Judith E. Levy. (SBur) (Entered: 11/28/2017)

11/29/20 17

270 STIPULATION AND ORDER Extending Time to file Answers for Defendants Lockwood, Andrews & Newnam, Inc. and Lockwood, Andrews & Newnam, P.C. until after their Partial Motion to Dismiss is Decided. Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/29/2017)

12/01/20 271 NOTICE of Appearance by Jennifer R. Moran on behalf of Rowe

17

Professional Service Company. (Moran, Jennifer) (Entered: 12/01/2017)

12/01/20 272 NOTICE of Appearance by Jennifer R. Moran on behalf of Rowe

17

Professional Service Company. (Moran, Jennifer) (Entered: 12/01/2017)

12/01/20 17

273 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint for Injunctive and Declaratory Relief, Money Damages, and Jury Demand; Brief in Support of Motion; and Certificate of Service by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Grashoff, Philip) (Entered: 12/01/2017)

12/01/20 17

274 MOTION to Dismiss Motion of Defendants Veolia North America, LLC, Veolia North Americ, Inc., and Veolia Water North America Operating Services, LLC to Dismiss in Part the Consolidated Amended Class Complaint by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit A) (Bush, Cheryl) (Entered: 12/01/2017)

12/01/20 275 MOTION to Strike the Proposed Classes by Veolia North America, Inc.,

17

Veolia North America, LLC, Veolia Water North America Operating

Services, LLC. (Bush, Cheryl) (Entered: 12/01/2017)

12/01/20 17

276 Joint MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Kim, William) (Entered: 12/01/2017)

12/01/20 17

277 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint for Injunctive and Delcaratory Relief, Money Damages, and Jury Demand Against Him Pursuant to Fed.R.Civ.P 12(b)(6) and Brief in Support by Jeff Wright. (Attachments: # 1 Exhibit 1) (Wise, Matthew) (Entered: 12/01/2017)

12/01/20 17

278 MOTION to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Unpublished Cases, # 3 Exhibit B - Affidavit of Edward Benes) (Erickson, Philip) (Entered: 12/01/2017)

12/01/20 17

279 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (b)(6) by Andrew Dillon, Nick Lyon, Michigan Department of Health and Human Services, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Flint Water Advisory Task Force Final Report, # 3 Exhibit 2 - 2011 LAN Report, # 4 Exhibit 3 June 26, 2013 Flint Resolution, # 5 Exhibit 4 - November 10, 1966 Genesee County Resolution, # 6 Exhibit 5 - TYJT February 2013 Report, # 7 Exhibit 6 - Jan. 23, 2017 MDEQ letter to Flint) (Bettenhausen, Margaret) (Entered: 12/01/2017)

12/01/20 280 ANSWER to Amended Complaint with Affirmative Defenses with Jury

17

Demand by Rowe Professional Service Company. (Thompson, Craig)

(Entered: 12/01/2017)

12/01/20 281 MOTION to Dismiss Consolidated Amended Class Complaint by Daniel

17

Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)

(Pattwell, Michael) (Entered: 12/01/2017)

12/01/20 282 MOTION to Dismiss Consolidated Amended Class Complaint by Bradley

17

Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B)

(Pattwell, Michael) (Entered: 12/01/2017)

12/01/20 283 MOTION to Dismiss (Partial) Under Rule 12(b)(6) and Motion for More

17

Definite Statement Under Rule 12(e) by Lockwood, Andrews & Newman,

Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Guertin Opinion and Order re Veolia's Motion for Reconsideration, # 3 Exhibit B - Guertin Opinion and Order re Defendants' Motion to Dismiss, # 4 Exhibit C - Unpublished Cases) (Erickson, Philip) (Entered: 12/01/2017)

12/05/20 17

284 STIPULATION Proposed Stipulation Regarding Briefing Schedule in Response to Defendants Lockwood, Andrews & Newnam, Inc. and Lockwood, Andrews & Newnam, P.C.'s Motion for a More Definite Statement and Defendants Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Strike by All Plaintiffs (Weiner, Jessica) (Entered: 12/05/2017)

12/06/20 285 ORDER Granting 284 Stipulation. Signed by District Judge Judith E. Levy.

17

(SBur) (Entered: 12/06/2017)

12/07/20 17

286 MEMORANDUM Regarding Fifth Amendment and Immunity Issues by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Attachments: # 1 Order Regarding Preliminary Discovery) (Grunert, John) (Entered: 12/07/2017)

12/07/20 17

Set Deadlines/Hearings: In-Person Status Conference reset for 1/11/2018 at 11:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 12/07/2017)

12/07/20 17

287 SUPPLEMENTAL BRIEF re 261 Supplemental Brief, filed by Gerald Ambrose, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Plaintiff's' First Request for Production of Documents, # 3 Exhibit Unpublished Cases) (Rusek, Alexander) (Entered: 12/07/2017)

12/07/20 17

288 MEMORANDUM re 260 Order, Set Deadlines/Hearings,, Concerning Non-Party Evidence Preservation Measures by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Grunert, John) (Entered: 12/07/2017)

12/07/20 17

289 REPLY to 246 Supplemental Brief, Regarding Stay of Discovery Based on 5th Amendment Protections by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith. (Barbieri, Charles) (Entered: 12/07/2017)

12/07/20 290 RESPONSE to 262 Notice (Other), by All Plaintiffs. (Novak, Paul)

17

(Entered: 12/07/2017)

12/07/20 291 STATUS REPORT Joint Report Regarding Meet and Confer Items

17

Required By This Court's November 17, 2017 Order by All Plaintiffs

(Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Plaintiffs Fact Sheet, # 3 Exhibit B - Draft Evidence Preservation Order to Parties, # 4 Exhibit C - Plaintiffs Statement Regarding Preservation Order to Parties, # 5 Exhibit D - Statement of Veolia Water North America Operation Services, LLC, Veolia North America, Inc., and Veolia North America, LLC With Respect to Proposed Evidence Preservation Order, # 6 Exhibit E -Statement of Leo A. Daly Company, Lockwood Andrews & Newnam, Inc., and Lockwood Andrews & Newnam, P.C. Regarding Proposed Evidence Preservation Order, # 7 Exhibit F - City Defendants Position Statement Regarding Party Preservation Order, # 8 Exhibit G - Non-Party Preservation Notice, # 9 Exhibit H -Proposed Order Authorizing Non-Party Preservation Notice, # 10 Exhibit I - Initial List of Non-Parties, # 11 Exhibit J - State Defendants and City Defendants Position Statement Regarding Preliminary Discovery, # 12 Exhibit K - MDEQ Defendants Attachment to Joint Status Report) (Weiner, Jessica) (Entered: 12/07/2017)

12/07/20 17

292 MEMORANDUM re 260 Order, Set Deadlines/Hearings,, Plaintiffs' Brief Regarding Third Party Document Subpoenas and Preservation by All Plaintiffs (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Connors, Jordan) (Entered: 12/07/2017)

12/08/20 17

293 ORDER Authorizing Evidence Preservation Notice to Non-Parties. Signed by District Judge Judith E. Levy. (SBur) (Additional attachment(s) added on 12/8/2017: # 1 Document Continuation: Notice) (SBur). Modified on 12/8/2017 (SBur). (Entered: 12/08/2017)

12/08/20 294 MOTION to Dismiss Amended Complaint by Nancy Peeler. (Cafferty,

17

Michael) (Entered: 12/08/2017)

12/12/20 17

295 REPLY to Plaintiffs' Brief Regarding Third-Party Document Subpoenas and Preservation by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 12/12/2017)

12/13/20 17

296 NOTICE of Joinder/Concurrence in 275 MOTION to Strike the Proposed Classes filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith (Pattwell, Michael) (Entered: 12/13/2017)

12/15/20 17

297 REPLY to 290 Response (Free), 292 Memorandum, by Lan Inc., Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 12/15/2017)

12/15/20 298 MOTION for Confidentiality Order by All Plaintiffs. (Attachments:

17

# 1 Exhibit A - Proposed Confidentiality Order) (Weiner, Jessica) (Entered:

12/15/2017)

12/19/20 299 CONFIDENTIALITY ORDER. Signed by District Judge Judith E. Levy.

17

(SBur) (Entered: 12/19/2017)

12/20/20 17

300 TRANSCRIPT of Status Conference held on 11/15/2017. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 119) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/10/2018. Redacted Transcript Deadline set for 1/22/2018. Release of Transcript Restriction set for 3/20/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 12/20/2017)

12/20/20 301 ORDER Approving use of Proposed Plaintiff Fact Sheet. Signed by

17

District Judge Judith E. Levy. (SBur) (Entered: 12/20/2017)

12/20/20 302 ORDER for Additional Briefing on Plaintiffs' First Request for Production.

17

Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/20/2017)

12/22/20 17

303 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC re 260 Order, Set Deadlines/Hearings,, Providing Proposed Agenda Items for the January 11, 2018, Status Conference (Williams, Michael) (Entered: 12/22/2017)

12/22/20 304 NOTICE by All Plaintiffs CLASS PLAINTIFFS PROPOSED AGENDA

17

FOR JANUARY 11, 2018 STATUS CONFERENCE (Connors, Jordan)

(Entered: 12/22/2017)

12/27/20 305 AGENDA for January 11, 2018 Status Conference. Signed by District

17

Judge Judith E. Levy. (SBur) (Entered: 12/27/2017)

12/28/20 306 SUPPLEMENTAL BRIEF re 302 Order Regarding Plaintiffs' First

17

Request for Production of Documents filed by All Plaintiffs. (Novak, Paul)

(Entered: 12/28/2017)

12/28/20 307 SUPPLEMENTAL BRIEF re 302 Order CORRECTED Supplemental Brief

17

Regarding Plaintiffs' First Request for Production of Documents filed by

All Plaintiffs. (Novak, Paul) (Entered: 12/28/2017)

01/02/20 308 ORDER Regarding Draft Evidence Preservation Order (Case No. 16-CV-

18

10444, Dkt. 291-3). Signed by District Judge Judith E. Levy. (SBur)

(Entered: 01/02/2018)

01/08/20 18

309 MOTION for Clarification of Order Regarding Draft Evidence Preservation Order by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 01/08/2018)

01/09/20 18

310 NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 - Entered by District Judge Judith E. Levy. (SBur) (Entered: 01/09/2018)

01/10/20 18

311 CORRECTED NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/10/2018)

01/11/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 1/11/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 01/11/2018)

01/12/20 18

312 ORDER Regarding Matters Discussed at the January 11, 2018 Status Conference - (In-Person Status Conference set for 2/20/2018 at 11:00 AM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/12/2018)

01/16/20 313 NOTICE of Appearance by Craig S. Thompson on behalf of Rowe

18

Professional Service Company. (Thompson, Craig) (Entered: 01/16/2018)

01/16/20 314 NOTICE of Appearance by Jennifer R. Moran on behalf of Rowe

18

Professional Service Company. (Moran, Jennifer) (Entered: 01/16/2018)

01/16/20 315 ATTORNEY APPEARANCE: Thaddeus E. Morgan appearing on behalf

18

of Liane shekter-smith (Morgan, Thaddeus) (Entered: 01/16/2018)

01/16/20 316 NOTICE of Appearance by Thaddeus E. Morgan on behalf of Thaddeus E

18

Morgan. (Morgan, Thaddeus) (Entered: 01/16/2018)

01/16/20 317 NOTICE of Appearance by Michael H. Perry on behalf of Michael H.

18

Perry. (Perry, Michael) (Entered: 01/16/2018)

01/16/20 318 NOTICE of Appearance by John B. Prior on behalf of Shari Guertin.

18

(Prior, John) (Entered: 01/16/2018)

01/16/20 319 NOTICE of Appearance by Valdemar L. Washington on behalf of Edwin

18

Anderson. (Washington, Valdemar) (Entered: 01/16/2018)

01/16/20 320 NOTICE of Appearance by Robert J. McLaughlin on behalf of Shari

18

Guertin. (McLaughlin, Robert) (Entered: 01/16/2018)

01/16/20 321 NOTICE of Appearance by Steven A. Hart on behalf of Shari Guertin.

18

(Hart, Steven) (Entered: 01/16/2018)

01/16/20 322 EVIDENCE PRESERVATION ORDER. Signed by District Judge Judith

18

E. Levy. (SBur) (Entered: 01/16/2018)

01/16/20 323 NOTICE of Appearance by Kristen E. Guinn on behalf of Corinne Miller.

18

(Guinn, Kristen) (Entered: 01/16/2018)

01/16/20 324 ORDER Appointing Facilitative Mediators Pursuant to E.D. Mich Local R.

18

16.4. Signed by District Judge Judith E. Levy. (SBur) (Entered:

01/16/2018)

01/17/20 325 NOTICE of Appearance by David J. Shea on behalf of All Plaintiffs.

18

(Shea, David) (Entered: 01/17/2018)

01/17/20 326 NOTICE of Appearance by John S. Sawin on behalf of Shari Guertin.

18

(Sawin, John) (Entered: 01/17/2018)

01/18/20 18

327 NOTICE of Appearance by Marc J. Bern on behalf of Chloe Washington, Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr.. (Bern, Marc) (Entered: 01/18/2018)

01/18/20 18

328 NOTICE of Appearance by Solomon M. Radner on behalf of Chloe Washington, Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr.. (Radner, Solomon) (Entered: 01/18/2018)

01/18/20 18

329 NOTICE of Appearance by Ari Kresch on behalf of Chloe Washington, Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr.. (Kresch, Ari) (Entered: 01/18/2018)

01/18/20 18

Addition of Parties to CM/ECF: Interested Party Beatrice Boler. Reason: The party was not added to CM/ECF (Szokoly, Nicholas) (Entered: 01/18/2018)

01/18/20 330 NOTICE of Appearance by Nicholas Adam Szokoly on behalf of Beatrice

18

Boler. (Szokoly, Nicholas) (Entered: 01/18/2018)

01/18/20 331 NOTICE of Appearance by Michael L. Pitt on behalf of Michael L. Pitt.

18

(Pitt, Michael) (Entered: 01/18/2018)

01/18/20 332 NOTICE of Appearance by Beth M. Rivers on behalf of Beth M. Rivers.

18

(Rivers, Beth) (Entered: 01/18/2018)

01/18/20 333 NOTICE of Appearance by Deborah A. LaBelle on behalf of Deborah

18

LaBelle. (LaBelle, Deborah) (Entered: 01/18/2018)

01/18/20 334 NOTICE of Appearance by Cary S. McGehee on behalf of Cary S

18

McGehee. (McGehee, Cary) (Entered: 01/18/2018)

01/18/20 335 NOTICE of Appearance by Matthew Wise on behalf of Jeff Wright. (Wise,

18

Matthew) (Entered: 01/18/2018)

01/18/20 336 NOTICE of Appearance by William H. Murphy, III on behalf of Beatrice

18

Boler. (Murphy, William) (Entered: 01/18/2018)

01/18/20 337 NOTICE of Appearance by Gregory M. Meihn on behalf of Jeff Wright.

18

(Meihn, Gregory) (Entered: 01/18/2018)

01/18/20 338 NOTICE of Appearance by Jessica B. Weiner on behalf of All Plaintiffs.

18

(Weiner, Jessica) (Entered: 01/18/2018)

01/18/20 339 NOTICE of Appearance by Herbert A. Sanders on behalf of Herbert

18

Sanders. (Sanders, Herbert) (Entered: 01/18/2018)

01/19/20 340 NOTICE of Appearance by Todd Russell Perkins on behalf of Darnell

18

Earley. (Perkins, Todd) (Entered: 01/19/2018)

01/19/20 341 NOTICE of Appearance by Esther Berezofsky on behalf of All Plaintiffs.

18

(Berezofsky, Esther) (Entered: 01/19/2018)

01/19/20 342 NOTICE of Appearance by Shawntane Williams on behalf of Shawntane

18

Williams. (Williams, Shawntane) (Entered: 01/19/2018)

01/22/20 343 NOTICE of Appearance by Mark R. Cuker on behalf of Sandra York.

18

(Cuker, Mark) (Entered: 01/22/2018)

01/22/20 344 NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren

18

Healthcare Corporation. (MacDonald, J.) (Entered: 01/22/2018)

01/22/20 345 SUPPLEMENTAL BRIEF re 312 Order, Set Deadlines/Hearings,

18

Terminate Motions,,, filed by Flint, City of. (Berg, Frederick) (Entered:

01/22/2018)

01/23/20 346 ORDER Establishing Procedures and Timelines Regarding Master and

18

Short-Form Complaints. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 01/23/2018)

01/23/20 347 AMENDED ORDER Establishing Procedures and Timelines Regarding

18

Master and Short-Form Complaints. Signed by District Judge Judith E.

Levy. (SBur) (Entered: 01/23/2018)

01/25/20 348 NOTICE of Appearance by Jessica Hamman Meeder on behalf of Beatrice

18

Boler. (Meeder, Jessica) (Entered: 01/25/2018)

01/25/20 349 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs

18

against All Defendants. NO NEW PARTIES ADDED. (Weiner, Jessica)

(Entered: 01/25/2018)

01/26/20 350 NOTICE by Bradley Wurfel, Daniel Wyant re 312 Order, Set

18

Deadlines/Hearings, Terminate Motions,,, (Document Production

Response) (Pattwell, Michael) (Entered: 01/26/2018)

01/29/20 18

351 TRANSCRIPT of Status Conference held on 1/11/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 149) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 2/20/2018. Redacted Transcript Deadline set for 3/1/2018. Release of Transcript Restriction set for 4/30/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 01/29/2018)

01/30/20 18

352 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference re Discovery Dispute as to ***Veolia Entities Only*** set for 2/1/2018 at 10:00 AM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474. (SBur) (Entered: 01/30/2018)

01/30/20 353 MOTION to Stay re 347 Order by Shari Guertin. (Hart, Steven) (Entered:

18

01/30/2018)

02/01/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference re Discovery Dispute held on 2/1/2018. (Court Reporter: Jeseca Eddington) (KJac) (Entered: 02/01/2018)

02/01/20 354 ORDER Regarding Briefing on Discovery Related to Veolia Environment,

18

S.A. Signed by District Judge Judith E. Levy. (KJac) (Entered: 02/01/2018)

02/02/20 355 SUPPLEMENTAL BRIEF re 353 MOTION to Stay re 347 Order filed by

18

Shari Guertin. (Attachments: # 1 Exhibit A) (Sawin, John) (Entered:

02/02/2018)

02/05/20 18

356 SUPPLEMENTAL BRIEF re 312 Order, Set Deadlines/Hearings, Terminate Motions,,, 345 Supplemental Brief Class Plaintiffs Supplemental Brief re: MCL § 767A.8 filed by All Plaintiffs. (Novak, Paul) (Entered: 02/05/2018)

02/05/20 18

357 SUPPLEMENTAL BRIEF re 312 Order, Set Deadlines/Hearings, Terminate Motions,,, filed by Flint, City of. (Attachments: # 1 Exhibit A: Opinion of the Michigan Court of Appeals issued January 25, 2018 in the case of Mays et al. v. Snyder et al., Mich. Court of Appeals Case No. 335555) (Berg, Frederick) (Entered: 02/05/2018)

02/05/20 358 NOTICE of Appearance by Shayla A. Fletcher on behalf of Shayla

18

Fletcher. (Fletcher, Shayla) (Entered: 02/05/2018)

02/06/20 18

359 NOTICE by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. of Proposed Agenda Items of the LAN Defendants for the February 20, 2018 Status Conference (Erickson, Philip) (Entered: 02/06/2018)

02/06/20 18

360 NOTICE by Stephen Busch, Patrick Cook, Corinne Miller, Nancy Peeler, Michael Prysby, Adam Rosenthal, Robert Scott, Bradley Wurfel, Daniel Wyant, Liane shekter-smith of Proposed Agenda Items for Status Conference (Barbieri, Charles) (Entered: 02/06/2018)

02/06/20 18

361 NOTICE by Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, RICHARD D SNYDER, State of Michigan, Eden Wells of Proposed Agenda Items for the February 20, 2018 Status Conference (Bettenhausen, Margaret) (Entered: 02/06/2018)

02/06/20 362 [STRICKEN] MEMORANDUM Proposed Agenda Items of the LAN

18

Defendants for the February 20, 2018, Status Conference by Flint, City of

(Berg, Frederick) Modified on 2/7/2018 (DWor). (Entered: 02/06/2018)

02/06/20 18

363 NOTICE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC of Proposed Agenda Items of Veolia Water North America Operating Services, LLC, Veolia North America, Inc., and Veolia North America, LLC for the February 20, 2018 Status Conference (Bush, Cheryl) (Entered: 02/06/2018)

02/06/20 364 NOTICE by All Plaintiffs of Proposed Agenda Items of Plaintiffs Liaison

18

Counsel for the February 20, 2018 Status Conference (Shkolnik, Hunter)

(Entered: 02/06/2018)

02/06/20 365 NOTICE by All Plaintiffs Regarding Proposed Agenda Items for February

18

20, 2018 Status Conference (Weiner, Jessica) (Entered: 02/06/2018)

02/07/20 366 NOTICE by Flint, City of Amended Proposed Agenda Items of the City

18

Defendants for the February 20, 2018, Status Conference

(Amended) (Berg, Frederick) (Entered: 02/07/2018)

02/07/20 367 NOTICE by McLaren Healthcare Corporation Proposed Agenda Item of

18

Defendant, McLaren for the February 20, 2018, Status

Conference (MacDonald, J.) (Entered: 02/07/2018)

02/07/20 368 NOTICE of Appearance by David E. Hart on behalf of Shari Guertin.

18

(Hart, David) (Entered: 02/07/2018)

02/07/20 18

NOTICE of Error directed to: Frederick A. Berg re 362 Memorandum. Wrong or incomplete PDF image was uploaded. Document was stricken and must be refiled correctly. [No Image Associated with this docket entry] (DWor) (Entered: 02/07/2018)

02/09/20 18

369 MEMORANDUM re 354 Order PLAINTIFFS BRIEF REGARDING JURISDICTIONAL DISCOVERY RELATED TO VEOLIA ENVIRONNEMENT, S.A. by All Plaintiffs (Connors, Jordan) (Entered: 02/09/2018)

02/09/20 18

370 SUPPLEMENTAL BRIEF re 354 Order Regarding Jurisdictional Discovery filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 02/09/2018)

02/12/20 371 STIPULATION for Entry of Document Production Protocol by All

18

Plaintiffs (Attachments: # 1 Exhibit Proposed Document Production

Protocol) (Novak, Paul) (Entered: 02/12/2018)

02/12/20 372 NOTICE of Appearance by Teresa Ann Caine Bingman on behalf of

18

Teresa Ann Caine Bingman. (Bingman, Teresa) (Entered: 02/12/2018)

02/12/20 373 ORDER for Entry and Adoption of Document Production Protocol. Signed

18

by District Judge Judith E. Levy. (SBur) (Entered: 02/12/2018)

02/12/20 18

374 TRANSCRIPT of Telephonic Conference held on 2/1/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 33) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/5/2018. Redacted Transcript Deadline set for 3/15/2018. Release of Transcript Restriction set for 5/14/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 02/12/2018)

02/13/20 375 AGENDA for February 20, 2018 Status Conference. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 02/13/2018)

02/13/20 376 NOTICE of Appearance by Ryan Steven Sharp on behalf of Lawrence

18

Washington, Jr.. (Sharp, Ryan) (Entered: 02/13/2018)

02/13/20 18

377 RESPONSE to 276 Joint MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Bettenhausen, Margaret) (Entered: 02/13/2018)

02/13/20 18

378 RESPONSE to 278 MOTION to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams. (Attachments: # 1 Declaration of Jordan Connors, # 2 Index of Exhibits, # 3 Exhibit A - 1/10/18 30(b)(6) Depo of Leo A. Daly Co., # 4 Exhibit B - Excerpt from 12/15/17 Leo A. Daly Co.'s Resp to Pltfs' 2d RFP (REDACTED), # 5 Exhibit C - Exh 6 from 1/10/18 30(b)(6) Depo of Leo A. Daly Co., # 6 Exhibit D LAN_Flint_00000166 (Redacted), # 7 Exhibit E - LAN_Flint_00000205 (Redacted), # 8 Exhibit F - Exh 8 from 1/10/18 30(b)(6) Depo of Leo A. Daly Co. (Redacted), # 9 Exhibit G - Exh 2 from 1/10/18 30(b)(6) Depo of Leo A. Daly Co. (Redacted)) (Connors, Jordan) (Entered: 02/13/2018)

02/13/20 18

379 RESPONSE to 283 MOTION to Dismiss (Partial) Under Rule 12(b)(6) and Motion for More Definite Statement Under Rule 12(e), 276 Joint MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint, 274 MOTION to Dismiss Motion of Defendants Veolia North America, LLC, Veolia North Americ, Inc., and Veolia Water North America Operating Services, LLC to Dismiss in Part the Consolidated Amended Class Complaint, 279 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (b)(6), 273 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint for Injunctive and Declaratory Relief, Money Damages, and Jury Demand; Brief in Support of Motion; and Certificate of Service, 277 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint for Injunctive and Delcaratory Relief, Money Damages, and Jury Demand Against Him Pursuant to Fed.R.Civ.P 12(b)(6) and Brief in Support, 294 MOTION to Dismiss Amended Complaint, 281 MOTION to Dismiss Consolidated Amended Class Complaint, 282 MOTION to Dismiss Consolidated Amended Class Complaint filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell

Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Exhibit A - Unpublished Cases) (Weiner, Jessica) (Entered: 02/13/2018)

02/13/20 18

380 RESPONSE to 275 MOTION to Strike the Proposed Classes filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Exhibit A - Unpublished Cases) (Weiner, Jessica) (Entered: 02/13/2018)

02/16/20 381 NOTICE by Daugherty Johnson Certificate as to Non-Production (Meyers,

18

David.) (Entered: 02/16/2018)

02/16/20 382 DISCOVERY plan jointly filed pursuant to Federal Rules of Civil

18

Procedure 26(f) (Grunert, John) (Entered: 02/16/2018)

02/20/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 2/20/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 02/20/2018)

02/20/20 383 ATTORNEY APPEARANCE: Joseph F. Galvin appearing on behalf of

18

Jeff Wright (Galvin, Joseph) (Entered: 02/20/2018)

02/22/20 18

384 ORDER Regarding Matters Discussed at the February 20, 2018 Status Conference - (In-Person Status Conference set for 4/5/2018 at 11:00 AM before District Judge Judith E. Levy and Motion Hearing set for 4/16/2018 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/22/2018)

02/22/20 385 ORDER Denying Consolidated Class Plaintiffs' Request for Jurisdictional

18

Discovery. Signed by District Judge Judith E. Levy. (SBur) (Entered:

02/22/2018)

02/22/20 386 MOTION TO EXTEND Certain Deadlines Regarding Order Establishing

18

Procedures and Timelines Regarding Master and Short-Form Complaints

(ECF No. 347) by All Plaintiffs. (Shkolnik, Hunter) (Entered: 02/22/2018)

02/22/20 18

TEXT-ONLY ORDER Granting 386 MOTION TO EXTEND. Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/22/2018)

02/26/20 387 ORDER Requiring Adam Rosenthal, Bradley Wurfel, and Daniel Wyant to

18

Comply with Plaintiff's First Request for Production and Denying the

Individual MDEQ Defendants' 202 MOTION to Quash the Discovery

Requests. Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/26/2018)

02/26/20 18

388 NOTICE by Stephen Busch re 312 Order, Set Deadlines/Hearings, Terminate Motions,,, MDEQ Defendant Stephen B. Busch's Document Production Response Per the Court's January 12, 2018 Order (Grashoff, Philip) (Entered: 02/26/2018)

02/26/20 389 NOTICE by Patrick Cook, Michael Prysby, Adam Rosenthal Document

18

Production Response Per the Court's January 12, 2018 Order (Barbieri,

Charles) (Entered: 02/26/2018)

02/26/20 18

390 ORDER Changing Date of April 5, 2018 Status Conference to April 16, 2018 at 2:00 p.m. (In-Person Status Conference reset for 4/16/2018 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1. Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/26/2018)

02/26/20 18

391 TRANSCRIPT of Status Conference held on 2/20/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 50) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/19/2018. Redacted Transcript Deadline set for 3/29/2018. Release of Transcript Restriction set for 5/29/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 02/26/2018)

02/27/20 18

392 NOTICE by Liane shekter-smith re 312 Order, Set Deadlines/Hearings, Terminate Motions,,, MDEQ Defendant Shekter Smith's Document Production Response Per the Court's January 12, 2018 Order (Morgan, Thaddeus) (Entered: 02/27/2018)

02/28/20 393 MOTION TO EXTEND Unopposed Motion for Extension of Time With

18

Respect to Possible Motion to Seal Protected Material re 299 Order by Leo

A. Daly Company. (Erickson, Philip) (Entered: 02/28/2018)

02/28/20 18

TEXT-ONLY ORDER Granting 393 MOTION TO EXTEND. Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/28/2018)

02/28/20 394 STIPULATED ORDER Extending Deadline for Interim Co-Lead Class

18

Counsel to file Brief. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 02/28/2018)

03/01/20 395 CORRECTED ORDER Requiring Adam Rosenthal, Braley Wurfel, and

18

Daniel Wyant to Comply with Plaintiff's First Request for Production and

Denying the Individual MDEQ Defendants' 202 Motion to Quash the Discovery Requests. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/01/2018)

03/02/20 396 STIPULATED ORDER Extending Deadline for Time and Expense Order

18

Briefing. Signed by District Judge Judith E. Levy. (SBur) (Entered:

03/02/2018)

03/02/20 397 NOTICE by Adam Rosenthal MDEQ Defendant Rosenthal's Revised

18

Document Production Response Per the Court's January 12, 2018

Order (Barbieri, Charles) (Entered: 03/02/2018)

03/02/20 398 ORDER Regarding Adoption of Short-Form Complaint and Dispositive

18

Motion Briefing. Signed by District Judge Judith E. Levy. (SBur) (Entered:

03/02/2018)

03/05/20 18

Attorney Kristen E. Guinn is discontinued from receiving Notices of Electronic Filing. Reason: Party (Corinne Miller) Dismissed in Case No. 5:17-cv-13890-JEL-MKM. (Guinn, Kristen) (Entered: 03/05/2018)

03/06/20 399 NOTICE by Bradley Wurfel re 312 Order, Set Deadlines/Hearings,

18

Terminate Motions,,, (Revised Document Production Response) (Pattwell,

Michael) (Entered: 03/06/2018)

03/06/20 400 RESPONSE to 207 Statement, Plaintiffs' First Request for Production of

18

Documents to City Defendants by Darnell Earley. (Perkins, Todd)

(Entered: 03/06/2018)

03/12/20 401 MOTION Replacement of Co-Liaison Counsel for Individual Cases by All

18

Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)

(LaBelle, Deborah) (Entered: 03/12/2018)

03/13/20 18

402 RESPONSE to 278 MOTION to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) on behalf of Individual Plaintiffs filed by Corey Stern. (Stern, Corey) (Entered: 03/13/2018)

03/13/20 403 STIPULATION STIPULATED ORDER EXTENDING DEADLINE FOR

18

TIME AND EXPENSE ORDER BRIEFING by All Plaintiffs (Shkolnik,

Hunter) (Entered: 03/13/2018)

03/13/20 18

404 MOTION to Amend/Correct 401 MOTION Replacement of Co-Liaison Counsel for Individual Cases by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (LaBelle, Deborah) (Entered: 03/13/2018)

03/14/20 18

TEXT-ONLY ORDER Granting 403 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/14/2018)

03/20/20 18

405 REPLY to Response re 283 MOTION to Dismiss (Partial) Under Rule 12(b)(6) and Motion for More Definite Statement Under Rule 12(e), 277 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint for Injunctive and Delcaratory Relief, Money Damages, and Jury Demand Against Him Pursuant to Fed.R.Civ.P 12(b)(6) and Brief in Support filed by Jeff Wright. (Wise, Matthew) (Entered: 03/20/2018)

03/20/20 18

406 REPLY to Response re 279 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (b)(6) filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 03/20/2018)

03/20/20 18

407 REPLY to Response re 273 MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint for Injunctive and Declaratory Relief, Money Damages, and Jury Demand; Brief in Support of Motion; and Certificate of Service w/Certificate of Service filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane shekter-smith. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Grashoff, Philip) (Entered: 03/20/2018)

03/20/20 18

408 REPLY to Response re 274 MOTION to Dismiss Motion of Defendants Veolia North America, LLC, Veolia North Americ, Inc., and Veolia Water North America Operating Services, LLC to Dismiss in Part the Consolidated Amended Class Complaint Reply in Support of Motion of Defendants Veolia North America,LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC to Dismiss in Part the Consolidated Amended Class Complaint filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 03/20/2018)

03/20/20 18

409 REPLY to Response re 275 MOTION to Strike the Proposed Classes Reply Brief in Support of Motion of Defendants Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC to Strike the Proposed Classes filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 03/20/2018)

03/20/20 18

410 REPLY to Response re 276 Joint MOTION to Dismiss Plaintiffs' Consolidated Amended Class Complaint filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Exhibit Unpublished Cases) (Kim, William) (Entered: 03/20/2018)

03/20/20 18

411 REPLY to Response re 283 MOTION to Dismiss (Partial) Under Rule 12(b)(6) and Motion for More Definite Statement Under Rule 12(e) filed by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Kamenec, Robert) (Entered: 03/20/2018)

03/20/20 18

412 REPLY to Response re 282 MOTION to Dismiss Consolidated Amended Class Complaint filed by Bradley Wurfel. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Pattwell, Michael) (Entered: 03/20/2018)

03/20/20 18

413 REPLY to Response re 281 MOTION to Dismiss Consolidated Amended Class Complaint filed by Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Pattwell, Michael) (Entered: 03/20/2018)

03/22/20 18

414 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC Proposed Agenda Items for the April 16, 2018 Status Conference (Williams, Michael) (Entered: 03/22/2018)

03/22/20 18

415 NOTICE by Lan Inc., Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. Proposed Agenda Items of the LAN Defendants for the April 16, 2018 Status Conference (Erickson, Philip) (Entered: 03/22/2018)

03/22/20 416 NOTICE by All Plaintiffs Regarding Proposed Agenda Items for April 16,

18

2018 Status Conference (Weiner, Jessica) (Entered: 03/22/2018)

03/22/20 417 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Adam

18

Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith of

Proposed Agenda Items (Barbieri, Charles) (Entered: 03/22/2018)

03/22/20 18

418 NOTICE by Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, RICHARD D SNYDER, State of Michigan, Eden Wells of State Defendants' Proposed Agenda Items for the April 16, 2018 Status Conference (Bettenhausen, Margaret) (Entered: 03/22/2018)

03/22/20 419 MEMORANDUM Re Proposed Agenda Items of the City Defendants for

18

the April 16, 2018, Status Conference by Flint, City of (Berg, Frederick)

(Entered: 03/22/2018)

03/22/20 420 NOTICE by All Plaintiffs Co-Liaison Counsels Proposed Agenda Items for

18

the April 16, 2018 Status Conference (Shkolnik, Hunter) (Entered:

03/22/2018)

03/23/20 18

421 MOTION for Extension of Time to File Response/Reply as to 404 MOTION to Amend/Correct 401 MOTION Replacement of CoLiaison Counsel for Individual Cases by All Plaintiffs. (Shkolnik, Hunter) (Entered: 03/23/2018)

03/23/20 18

TEXT-ONLY ORDER Granting 421 MOTION for Extension of Time to File Response/Reply as to 404 MOTION to Amend/Correct. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/23/2018)

03/27/20 422 STIPULATED ORDER Further Extending Deadline for Time and Expense

18

Order Briefing. Signed by District Judge Judith E. Levy. (SBur) (Entered:

03/27/2018)

03/30/20 423 NOTICE by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews

18

& Newman, P.C. Submission of the LAN Defendants Regarding

Preliminary Discovery (Erickson, Philip) (Entered: 03/30/2018)

03/30/20 424 REPORT AND BRIEF REGARDING PRELIMINARY DISCOVERY

18

REPORT by Flint, City of (Klein, Sheldon) (Entered: 03/30/2018)

03/30/20 425 NOTICE of Joinder/Concurrence in 424 Report (Free) filed by Flint, City

18

of by Jeff Wright to City Defendants' Report and Brief Regarding

Preliminary Discovery (Wise, Matthew) (Entered: 03/30/2018)

03/30/20 426 STATEMENT of State Defendants Regarding Preliminary Discovery by

18

Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan,

Eden Wells (Bettenhausen, Margaret) (Entered: 03/30/2018)

03/30/20 18

427 SUPPLEMENTAL BRIEF re 384 Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines/Hearings,,, (Preliminary Discovery Plan) filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Pattwell, Michael) (Entered: 03/30/2018)

03/30/20 18

428 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC of Proposed First Preliminary Discovery Plan and Supporting Brief (Attachments: # 1 Exhibit - Proposed First Preliminary Discovery Order) (Williams, Michael) (Entered: 03/30/2018)

03/30/20 18

429 SUPPLEMENTAL BRIEF re 384 Order, Set Deadlines/Hearings, Set Motion and R&R Deadlines/Hearings,,, PLAINTIFFS BRIEF IN SUPPORT OF PLAINTIFFS PROPOSED PRELIMINARY DISCOVERY PLAN filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Connors, Jordan) (Entered: 03/30/2018)

03/30/20 18

430 NOTICE of Joinder/Concurrence in 427 Supplemental Brief, filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Daniel Wyant by Robert Scott (ChartierMittendorf, Mary) (Entered: 03/30/2018)

04/02/20 18

431 NOTICE of Joinder/Concurrence in 427 Supplemental Brief, filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Daniel Wyant by Nancy Peeler (Cafferty, Michael) (Entered: 04/02/2018)

04/03/20 18

432 REPLY to Response re 278 MOTION to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) filed by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Supplemental Affidvit of Edward Benes, # 3 Exhibit B - Unpublished Cases) (Erickson, Philip) (Entered: 04/03/2018)

04/03/20 433 MOTION for Leave to File Excess Pages by Leo A. Daly Company.

18

(Erickson, Philip) (Entered: 04/03/2018)

04/03/20 18

TEXT-ONLY ORDER Granting 433 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/03/2018)

04/04/20 434 [STRICKEN] ATTORNEY SUBSTITUTION for Adam Rosenthal: Lisa L.

18

Dwyer added. (Dwyer, Lisa) Modified on 4/5/2018 (SBur). (Entered:

04/04/2018)

04/04/20 435 ATTORNEY APPEARANCE: James W. Burdick appearing on behalf of

18

Adam Rosenthal (Burdick, James) (Entered: 04/04/2018)

04/04/20 436 NOTICE of Appearance by Susan Elizabeth Smith on behalf of McLaren

18

Healthcare Corporation. (Smith, Susan) (Entered: 04/04/2018)

04/05/20 18

437 OPINION and ORDER Denying in Part Leo A. Daly's 278 Motion to Dismiss for Lack of Personal Jurisdiction. (Motion Hearing set for 5/10/2018 at 10:00 AM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/05/2018)

04/05/20 18

TEXT-ONLY ORDER Striking 434 Attorney Substitution as Improvidently Filed. Entered by District Judge Judith E. Levy. (SBur) (Entered: 04/05/2018)

04/05/20 18

438 RESPONSE to 278 MOTION to Dismiss Plaintiffs' Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) filed by All Plaintiffs. (Attachments: # 1 Declaration of Jordan Connors, # 2 Index of Exhibits,

# 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G) (Connors, Jordan) (Entered: 04/05/2018)

04/06/20 439 ORDER Vacating Order for Consolidated Class Plaintiffs to Show Cause.

18

Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/06/2018)

04/06/20 440 NOTICE of Appearance by Lisa L. Dwyer on behalf of Adam Rosenthal.

18

(Dwyer, Lisa) (Entered: 04/06/2018)

04/06/20 441 ORDER consolidating cases 16-10444 and 15-14002. Signed by District

18

Judge Judith E. Levy. (DPer) (Entered: 04/09/2018)

04/09/20 442 Notice to Parties Regarding Consolidated Case: Order of consolidation

18

entered on *04/06/18*. Designated lead case number is *16-10444*.

(DPer) (Entered: 04/09/2018)

04/09/20 443 AGENDA for April 16, 2018 Status Conference. (Motion Hearing reset

18

for 6/18/2018 at 10:00 AM before District Judge Judith E. Levy) Signed

by District Judge Judith E. Levy. (SBur) (Entered: 04/09/2018)

04/09/20 18

444 RESPONSE to 404 MOTION to Amend/Correct 401 MOTION Replacement of Co-Liaison Counsel for Individual Cases AND CROSSMOTION TO DISCHARGE INTERIM CO-LEAD CLASS COUNSEL filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Declaration of Hunter J. Shkolnik, # 3 Exhibit B - Expert Declaration of Maureen Carroll, dated April 6, 2018, # 4 Exhibit C- Expert Declaration of Robert Hirshon, dated April 6, 2018, # 5 Exhibit D- Addendum to Napoli Shkolnik Retainer Agreement, # 6 Exhibit E - Flint Water Class Action Legal Team Retainer Agreement, # 7 Exhibit F - FTranscript of February 18, 2018 town hall meeting, # 8 Exhibit G - Declaration of Councilman Eric Mays, # 9 Exhibit H - March 2018 Update for Class Members from The Flint Water Class Action Legal Team, # 10 Exhibit I - September 2017 Update for Class Members from The Flint Water Class Action Legal Team, # 11 Exhibit J - August 2017 Update for Class Members from The Flint Water Class Action Legal Team, # 12 Exhibit K - May 9, 2016 press release by Pitt McGehee Palmer & Rivers, PMP&R Leads Fight For Flint Residents in Contaminated Water Crisis, # 13 Exhibit L - July 26, 2017 press release by Cohen Milstein Sellers & Toll PLLC, Cohen Milsteins Ted Leopold Appointed to Oversee Cases Against Public and Private Defendants Implicated in the Flint Water Crisis, # 14 Exhibit M - Practice Area Description of Flint Water Crisis Class Action Litigation, Cohen Milstein Sellers & Toll PLLC, # 15 Exhibit N - Alice H. Allen, et al., v. Dairy Farmers of America, Inc., et al, 5:09-cv-00230-cr (D. Vt ) Class Representatives Memorandum in Support of Motion for New Counsel (ECF No. 631-1)) (Shkolnik, Hunter) (Entered: 04/09/2018)

04/10/20 445 STIPULATION Allowing Withdrawal of Counsel by Adam Rosenthal

18

(Barbieri, Charles) (Entered: 04/10/2018)

04/10/20 18

TEXT-ONLY ORDER Granting 445 Stipulation Allowing Withdrawal of Counsel. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/10/2018)

04/11/20 446 DECLARATION by Alyson Oliver filed by All Plaintiffs (Oliver, Alyson)

18

(Entered: 04/11/2018)

04/11/20 447 MOTION for Extension of Time to File Response/Reply as

18

to 444 Response to Motion,,,,,,, by All Plaintiffs. (Weiner, Jessica)

(Entered: 04/11/2018)

04/13/20 448 [STRICKEN] MOTION to Dismiss by McLaren Healthcare Corporation.

18

(Attachments: # 1 Exhibit Exhibit 1) (MacDonald, J.) Modified on

4/18/2018 (SBur). (Entered: 04/13/2018)

04/13/20 18

449 ORDER Granting Interim Co-Lead Class Counsel's 447 Motion for Extension of Time to File Reply to Co-Liason Counsel's Response to Motion for Replacement of Co-Liason Counsel. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/13/2018)

04/13/20 18

450 MOTION for Extension of Time to File Response/Reply as to 404 MOTION to Amend/Correct 401 MOTION Replacement of CoLiaison Counsel for Individual Cases , 449 Order on Motion for Extension of Time to File Response/Reply, 444 Response to Motion,,,,,,, 446 Declaration by Corey Stern. (Stern, Corey) (Entered: 04/13/2018)

04/16/20 18

TEXT-ONLY ORDER Granting 450 MOTION for Extension of Time to File Response/Reply. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/16/2018)

04/16/20 451 DECLARATION by Mark R. Cuker filed by All Plaintiffs (Attachments:

18

# 1 Exhibit) (Cuker, Mark) (Entered: 04/16/2018)

04/16/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 4/16/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 04/16/2018)

04/17/20 18

TEXT-ONLY NOTICE: Motion Hearing on June 18, 2018 is Cancelled. Hearing to be rescheduled for a later date. (SBur) (Entered: 04/17/2018)

04/17/20 452 ORDER Regarding Matters Discussed at the April 16, 2018 Status

18

Conference. (In-Person Status Conference set for 6/18/2018 at 2:00 PM

before District Judge Judith E. Levy) - in Courtroom 1. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/17/2018)

04/17/20 18

453 ORDER DENYING MOTION TO APPOINT INTERIM LEAD COUNSEL 75 , CONSOLIDATING CASE WITH CARTHAN V. SNYDER, CASE NO. 16-CV-10444, AND SETTING BRIEFING SCHEDULE FOR MOTION TO AMEND THE MASTER CLASS ACTION COMPLAINT. Signed by District Judge Judith E. Levy. (NAhm) (Entered: 04/17/2018)

04/17/20 454 Notice to Parties Regarding Consolidated Case: Order of consolidation

18

entered on *4/17/2018*. Designated lead case number is *16-10444*.

(NAhm) (Entered: 04/17/2018)

04/17/20 18

455 TRANSCRIPT of Status Conference held on 4/16/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 52) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/8/2018. Redacted Transcript Deadline set for 5/18/2018. Release of Transcript Restriction set for 7/16/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 04/17/2018)

04/18/20 18

456 ORDER Striking McLaren Regional Medical Center's 448 MOTION to Dismiss, Setting Briefing Schedule in Case No. 17-12942, and Instructing McLaren to Refile the Motion on the Proper Docket. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/18/2018)

04/18/20 457 STIPULATION Regarding Page Limits For Motion to Dismiss Briefing by

18

Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan

(Bettenhausen, Margaret) (Entered: 04/18/2018)

04/18/20 18

TEXT-ONLY ORDER Granting 457 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/18/2018)

04/18/20 458 NOTICE by All Plaintiffs Regarding Proposed Time and Expense

18

Order (Attachments: # 1 Exhibit Joint Proposed Time and Expense Order)

(Weiner, Jessica) (Entered: 04/18/2018)

04/19/20 459 ORDER Regarding Case Captions in Individual Cases. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 04/19/2018)

04/23/20 460 RESPONSE to 458 Notice (Other) Plaintiffs' Notice Regarding Proposed

18

Time and Expense Order by Veolia North America, Inc., Veolia North

America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 04/23/2018)

04/23/20 18

461 NOTICE by All Plaintiffs Regarding Proposed Time and Expense Order Participation Agreement (Attachments: # 1 Exhibit A - Proposed Time and Expense Order Participation Agreement) (Weiner, Jessica) (Entered: 04/23/2018)

04/24/20 462 STIPULATION Regarding Page Limits For Motion to Dismiss Briefing by

18

Bradley Wurfel, Daniel Wyant (Clare, Christopher) (Entered: 04/24/2018)

04/24/20 18

TEXT-ONLY ORDER Granting 462 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/24/2018)

04/24/20 18

463 MOTION for Leave to File SURREPLY TO STATE DEFENDANTS REPLY BRIEF IN SUPPORT OF STATE DEFENDANTS MOTION TO DISMISS by All Plaintiffs. (Attachments: # 1 Exhibit A - Surreply, # 2 Exhibit B) (Connors, Jordan) (Entered: 04/24/2018)

04/25/20 18

464 ORDER Granting Plaintiffs' 463 Motion to File a Sur-Reply to State Defendants' Reply Brief in Support of State Defendants' Motion to Dismiss. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/25/2018)

04/25/20 465 STIPULATION Regarding Page Limits for Motion to Dismiss Briefing by

18

Stephen Busch (Jackson, Krista) (Entered: 04/25/2018)

04/25/20 18

TEXT-ONLY ORDER Granting 465 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/25/2018)

04/26/20 18

466 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith re 452 Order, Set Deadlines/Hearings,, Regarding Proposed Order Preserving Certain Immunities and Defenses for Purposes of Limited Pre-Answer Discovery (Attachments: # 1 Exhibit A) (Barbieri, Charles) (Entered: 04/26/2018)

04/26/20 18

Set/Reset Deadlines as to 278 MOTION to Dismiss, 281 MOTION to Dismiss, 282 MOTION to Dismiss, 274 MOTION to Dismiss, 276 Joint MOTION to Dismiss, 277 MOTION to Dismiss, 273 MOTION to Dismiss, 294 MOTION to Dismiss, 279 MOTION to Dismiss and 283 MOTION to Dismiss. Motion Hearing reset for 7/11/2018 at 10:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 04/26/2018)

04/26/20 467 ORDER Preserving Certain Immunities and Defenses for Purposes of

18

Limited Pre-Answer Discovery. Signed by District Judge Judith E. Levy.

(SBur) (Entered: 04/26/2018)

04/27/20 468 NOTICE by Adam Rosenthal Regarding Proposed Order Preserving

18

Certain Immunities and Defenses for Purposes of Limited Pre-Answer

Discovery (Dwyer, Lisa) (Entered: 04/27/2018)

04/30/20 18

469 RESPONSE to 401 MOTION Replacement of Co-Liaison Counsel for Individual Cases The VNA Defendants' Memorandum of Law Concerning Interim Co-Lead Class Counsel's Motion for Replacement of Co-Liaison Counsel and Co-Liaison Counsel's Cross-Motion to Discharge Interim CoLead Class Counsel filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Bush, Cheryl) (Entered: 04/30/2018)

04/30/20 18

470 NOTICE by Chloe Washington, Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr. re 458 Notice (Other) Response of Washington Plaintiffs to Co-Liaison and Co-Lead Class Counsel's Notice Regarding Proposed Time and Expense Order (Sharp, Ryan) [DOCKET ERROR - WRONG EVENT - DOCUMENT IS A RESPONSE] Modified on 5/1/2018 (NAhm). (Entered: 04/30/2018)

04/30/20 471 DECLARATION by Corey M. Stern filed by Corey Stern (Stern, Corey)

18

(Entered: 04/30/2018)

04/30/20 472 NOTICE by Robert Scott re 452 Order, Set Deadlines/Hearings,, regarding

18

non-waiver of immunities (Attachments: # 1 Exhibit Proposed Order)

(Chartier-Mittendorf, Mary) (Entered: 04/30/2018)

04/30/20 18

473 REPLY to Response re 404 MOTION to Amend/Correct 401 MOTION Replacement of Co-Liaison Counsel for Individual Cases and OPPOSITION to Co-Liaison Counsel's Cross-Motion to Discharge Interim Co-Lead Class Counsel filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Michael L. Pitt, # 3 Exhibit B Retainer Agreement for Lewisteen Lorick dated March 10, 2016, # 4 Exhibit C - Declaration of Theodore J. Leopold, # 5 Exhibit D Memorandum, In re NFL Players Concussion Injury Litigation, # 6 Exhibit E - Flint Claim Center website on March 30, 2018, # 7 Exhibit F - Mays Team Declarations, # 8 Exhibit G - Flint Claim Center website on April 26, 2018, # 9 Exhibit H - Declaration of Charles W. Wolfram, # 10 Exhibit I Allen Order, # 11 Exhibit J - Anthem Order, # 12 Exhibit K - Law360 Article) (Weiner, Jessica) (Entered: 04/30/2018)

04/30/20 474 MOTION to Amend/Correct Master Class Complaint by Beatrice Boler.

18

(Szokoly, Nicholas) (Entered: 04/30/2018)

05/01/20 18

[VACATED] TEXT-ONLY ORDER Granting 474 MOTION to Amend/Correct Master Class Complaint. Signed by District Judge Judith E. Levy. (SBur) Modified on 5/1/2018 (SBur). (Entered: 05/01/2018)

05/01/20 475 ORDER Vacating May 1, 2018 Text-Only Order Granting Motion to

18

Amend the Consolidated Class Action Complaint. Signed by District Judge

Judith E. Levy. (SBur) (Entered: 05/01/2018)

05/02/20 18

476 DECLARATION by Mark R. Cuker re 458 Notice (Other) filed by All Plaintiffs (Cuker, Mark)[DOCKET ERROR - WRONG EVENT USED DOCUMENT IS A RESPONSE] Modified on 5/2/2018 (NAhm). (Entered: 05/02/2018)

05/03/20 18

477 EXHIBIT to Proposed Time and Expense Order Previously Submitted on April 13, 2018 re 458 Notice (Other) by Corey Stern (Stern, Corey)[DOCUMENT IS TITLED [CO-LIAISION COUNSEL PROPOSED] CASE MANAGEMENT ORDER REGARDING TIME AND EXPENSE PROCEDURES] Modified on 5/4/2018 (NAhm). (Entered: 05/03/2018)

05/04/20 478 NOTICE by All Plaintiffs Regarding Proposed Time and Expense

18

Order (Attachments: # 1 Exhibit A - Class Counsel's Former Proposed

Time and Expense Order) (Weiner, Jessica) (Entered: 05/04/2018)

05/07/20 18

479 REPLY to Response re 404 MOTION to Amend/Correct 401 MOTION Replacement of Co-Liaison Counsel for Individual Cases filed by Michelle rodriguez, Luke waid. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Borowy, Stephen, Town hall meeting held to discuss water crisis lawsuit, WNEM (Feb. 18, 2018), # 3 Exhibit Email correspondence dated January 17, 2018, # 4 Exhibit Email correspondence dated March 21, 2018) (Shkolnik, Hunter) (Entered: 05/07/2018)

05/07/20 480 ORDER Regarding Time and Expense Order Briefing. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 05/07/2018)

05/07/20 18

481 NOTICE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC re 452 Order, Set Deadlines/Hearings,, Notice of Filing Proposed Non-Party DocumentsOnly Subpoenas for the Court's Review (Attachments: # 1 Exhibit A Schedule A to Subpoena to Produce Documents/Genesee County Health Department, # 2 Exhibit B - Schedule A to Subpoena to Produce Documents/EPA, # 3 Exhibit C - Schedule A to Subpoena to Produce Documents/Virginia Polytechnic Institute and State University, # 4 Exhibit

D - Schedule A to Subpoena to Produce Documents/Dr. Marc Edwards) (Grunert, John) (Entered: 05/07/2018)

05/09/20 482 NOTICE of Non-Party Fault by Leo A. Daly Company, Lockwood,

18

Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.

(Erickson, Philip) (Entered: 05/09/2018)

05/10/20 18

483 Notice of E-mail Delivery Failure as to attorney Stacy Erwin Oakes. Bounced NEF for 467 Order, 472 Notice (Other), 474 MOTION to Amend/Correct Master Class Complaint, 469 Response to Motion,, 466 Notice (Other), Set Motion and R&R Deadlines/Hearings, 468 Notice (Other), 470 Notice (Other), 473 Reply to Response to Motion,,, 471 Declaration, Text-Only Order, Terminate Motions, 475 Order to Vacate, 476 Declaration. (SSch) (Entered: 05/10/2018)

05/16/20 484 ORDER Setting Dates for Submission of Agenda Items for June 18, 2018

18

Status Conference. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 05/16/2018)

05/21/20 485 Amended MOTION to Amend/Correct 349 Amended Complaint by

18

Beatrice Boler. (Attachments: # 1 Exhibit) (Szokoly, Nicholas) (Entered:

05/21/2018)

05/30/20 486 RESPONSE to 485 Amended MOTION to Amend/Correct 349 Amended

18

Complaint filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER,

State of Michigan. (Bettenhausen, Margaret) (Entered: 05/30/2018)

05/30/20 18

487 RESPONSE to 485 Amended MOTION to Amend/Correct 349 Amended Complaint filed by Gerald Ambrose, Darnell Earley, Flint, City of, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (Unpublished Cases), # 3 Exhibit B (Flint City Charter & Code)) (Kim, William) (Entered: 05/30/2018)

05/30/20 488 RESPONSE to 485 Amended MOTION to Amend/Correct 349 Amended

18

Complaint w/Certificate of Service filed by Stephen Busch, Liane shekter-

smith. (Grashoff, Philip) (Entered: 05/30/2018)

05/30/20 489 STIPULATION Alexander et al v City of Flint et al - STIPULATION

18

ENLARGING TIME TO FILE REVISED SHORT FORM COMPLAINT by

All Plaintiffs (Williams, Shawntane) (Entered: 05/30/2018)

05/31/20 18

TEXT-ONLY ORDER Granting 489 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 05/31/2018)

06/04/20 490 Notice of E-mail Delivery Failure as to attorney Stacy Erwin Oakes.

18

Bounced NEF for 485 Amended MOTION to

Amend/Correct 349 Amended Complaint , 478 Notice (Other), 482 Notice of Non-Party Fault, 484 Order, 477 Exhibit, 479 Reply to Response to Motion, 481 Notice (Other),, 480 Order. (SSch) (Entered: 06/04/2018)

06/04/20 18

491 Joint MOTION for Order of Plaintiffs' Co-Liaison Counsel, Interim CoLead Counsel, and the Defendants for Entry of a Further Order Regarding Non-Party Documents-Only Subpoenas by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Grunert, John) (Entered: 06/04/2018)

06/04/20 18

492 MEMORANDUM re 491 Joint MOTION for Order of Plaintiffs' CoLiaison Counsel, Interim Co-Lead Counsel, and the Defendants for Entry of a Further Order Regarding Non-Party Documents-Only Subpoenas by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC (Attachments: # 1 Exhibit Further Order Regarding Non-Party Documents-Only Subpoenas) (Grunert, John) (Entered: 06/04/2018)

06/04/20 18

493 Proposed Agenda Items for the June 18, 2018, Status Conference REPORT by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC (Grunert, John) (Entered: 06/04/2018)

06/04/20 18

494 MDEQ Defendants' Proposed Agenda Items for the June 18, 2018 Status Conference REPORT by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith (Grashoff, Philip) (Entered: 06/04/2018)

06/04/20 495 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of

18

Michigan of State Defendants' Proposed Agenda Items for the June 18,

2018 Status Conference (Bettenhausen, Margaret) (Entered: 06/04/2018)

06/04/20 18

496 Submission of the LAN Defendants Regarding Agenda Items for June 18, 2018 Status Conference REPORT by Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 06/04/2018)

06/04/20 18

497 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling of Proposed Agenda Items for June 18, 2018 Status Conference (Klein, Sheldon) (Entered: 06/04/2018)

06/04/20 498 NOTICE by All Plaintiffs of Class Plaintiffs' Proposed Agenda for June

18

18, 2018 Status Conference (Levens, Emmy) (Entered: 06/04/2018)

06/04/20 499 NOTICE by McLaren Healthcare Corporation of Proposed Agenda Items

18

for the June 18, 2018 Status Conference (Smith, Susan) (Entered:

06/04/2018)

06/04/20 500 NOTICE by SR, Michelle rodriguez, Luke waid Co-Liaison Counsels

18

Proposed Agenda Items for the June 18, 2018 Status Conference (Shkolnik,

Hunter) (Entered: 06/04/2018)

06/05/20 501 ADDITIONAL ORDER Regarding Non-Party Documents-Only

18

Subpoenas. Signed by District Judge Judith E. Levy. (SBur) (Entered:

06/05/2018)

06/05/20 502 ORDER Permitting Service of Non-Party Subpoenas. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 06/05/2018)

06/08/20 503 AGENDA for June 18, 2018 Status Conference. Signed by District Judge

18

Judith E. Levy. (SBur) (Entered: 06/08/2018)

06/12/20 504 NOTICE of Appearance by Marie Napoli on behalf of SR, Michelle

18

rodriguez, Luke waid. (Napoli, Marie) (Entered: 06/12/2018)

06/18/20 505 NOTICE of Appearance by Matthew Mitchell on behalf of Shari Guertin.

18

(Mitchell, Matthew) (Entered: 06/18/2018)

06/18/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 6/18/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 06/18/2018)

06/19/20 18

506 ORDER Regarding Matters Discussed at the June 18, 2018 Status Conference. (In-Person Status Conference set for 9/12/2018 at 2:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/19/2018)

06/19/20 507 CASE MANAGEMENT ORDER Regarding Time and Expense

18

Procedures. Signed by District Judge Judith E. Levy. (SBur) (Entered:

06/19/2018)

06/20/20 18

508 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan re 279 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(1) and (b)(6) of Notice of Supplemental Authority in Support of their Motion to Dimiss (Larsen, Zachary) (Entered: 06/20/2018)

06/20/20 509 NOTICE of Appearance by Jonathon A. Rabin on behalf of Ann Newell,

18

Norbert Birchmeier, City of Flint Board of Hospital Managers d/b/a Hurley

Medical Center. (Rabin, Jonathon) (Entered: 06/20/2018)

06/20/20 510 NOTICE of Appearance by Larry R. Jensen, Jr on behalf of Norbert

18

Birchmeier, City of Flint Board of Hospital Managers d/b/a Hurley

Medical Center, Ann Newell. (Jensen, Larry) (Entered: 06/20/2018)

06/20/20 18

511 EXHIBIT A - Boler, et al v. Governor, et al, ___ N.W.2d ___ (Mich. Ct. App. 2018), issued June 14, 2018 (Docket No. 337383) re 508 Notice (Other), by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan (Larsen, Zachary) (Entered: 06/20/2018)

06/22/20 18

512 TRANSCRIPT of Status Conference held on 6/18/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 70) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 06/22/2018)

06/22/20 513 ATTORNEY APPEARANCE: Conrad J. Benedetto appearing on behalf of

18

All Plaintiffs (Benedetto, Conrad) (Entered: 06/22/2018)

06/26/20 18

514 Notice of E-mail Delivery Failure as to attorney Stacy Erwin Oakes. Bounced NEF for 494 Report (Free), 487 Response to Motion, 486 Response to Motion, 489 Stipulation, Text-Only Order, 488 Response to Motion. (SSch) (Entered: 06/26/2018)

06/28/20 515 STIPULATION re 457 Stipulation Regarding Page Limits for Motion to

18

Dismiss Briefing by Andrew Dillon, Nick Lyon, RICHARD D SNYDER,

Eden Wells (Bettenhausen, Margaret) (Entered: 06/28/2018)

06/28/20 516 STIPULATION Regarding Page Limits for Motion to Dismiss Briefings by

18

Stephen Busch, Patrick Cook, Michael Prysby, Liane shekter-smith

(Grashoff, Philip) (Entered: 06/28/2018)

06/28/20 18

TEXT-ONLY ORDER Granting 516 Stipulation and 515 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/28/2018)

06/29/20 18

517 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference before District Judge Judith E. Levy to be held on the record on July 2, 2018 at 1 P.M. regarding coordination of pending state and federal litigation. Only attorneys designated by the Court to craft a proposal regarding coordination of pending state and federal litigation in the Order Regarding Matters Discussed at the June 18, 2018 Status Conference are required to call in. Please use the following call-in

information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 06/29/2018)

07/02/20 18

518 NOTICE by Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. Submission of LAN Defendants Regarding Appointment of Special Master (Erickson, Philip) (Entered: 07/02/2018)

07/02/20 18

519 MOTION for Order Regarding The Collection of Data of Potential Claimants by SR, Michelle rodriguez, Luke waid. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit Ex. A. Proposed Census Order, # 3 Exhibit Ex. B. Proposed Claimant Census Sheet, # 4 Exhibit Ex. C. In re Vioxx Prods. Liab. Litig., No. 05-md-1657, Settlement Agreement § 1.1 (Hon. Eldon E. Fallon) (Nov. 9, 2007 E.D. La.), # 5 Exhibit Ex. D. In Re: NuvaRing Products Liability Litigation, Case No. 4:08-md-01964-RWS, Case Management Order of January 29, 2014 - Supplemental Census of Claims (Hon. Rodney W. Sippel) (E.D.Mo. January 29, 2014), # 6 Exhibit Ex. E. In Re: Actos (Pioglitazone) Products Liability Litigation, Case No. 6:11-md-2299, Case Management Regarding Census of Claims (Hon Rebecca F. Doherty) (W.D. La. Apr. 28, 2015), # 7 Exhibit Ex. F. In Re: Propecia (Finasteride Products Liability Litigation), Case No. 12-md-2331 (Hon. Brian M. Cogan) (S.D.N.Y. April 11, 2018), # 8 Exhibit Ex. G. In Re: Taxotere (Docetaxel) Products Liability Litigation, Case No. 2:16-md02740, Amended Pretrial Order No. 60 Order Regarding the Collection of Data of Potential Claimants by the Plaintiffs Settlement Committee (Hon. Kurt D. Engelhardt) (E.D. La. Sep. 15, 2017), # 9 Exhibit Ex. H. In Re: C.R. Bard, Inc., Pelvic Repair System Products Liability Litigation, MDL 2187, Pretrial Order #97, Census Spreadsheet Order (Hon. Joseph R. Goodwin) (S.D.W. Va. Dec. 31, 2013), # 10 Exhibit Ex. I. In Re: Benicare (Olmesartan) Products Liability Litigation, MDL 2606, Case Management Order No. 30 Regarding Census of Claims (D. N.J. Aug. 15, 2017) (Hon. Robert B. Kugler)) (Shkolnik, Hunter) (Entered: 07/02/2018)

07/02/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 7/2/2018. The proposed order regarding coordination of state and federal litigation is now due on 7/16/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/02/2018)

07/02/20 520 NOTICE by All Plaintiffs - Class Plaintiffs' Notice Regarding Appointment

18

of Special Master (Levens, Emmy) (Entered: 07/02/2018)

07/02/20 521 NOTICE of Joinder/Concurrence in 518 Notice (Other), filed by

18

Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam,

Inc., Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews &

Newman, P.C., Lockwood by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith (Grashoff, Philip) (Entered: 07/02/2018)

07/02/20 522 NOTICE by SR, Michelle rodriguez, Luke waid Regarding Appointment of

18

Special Master (Shkolnik, Hunter) (Entered: 07/02/2018)

07/03/20 523 NOTICE by Flint, City of re 276 Joint MOTION to Dismiss Plaintiffs'

18

Consolidated Amended Class Complaint Notice of Supplemental Authority

in Support of its Motion to Dismiss (Klein, Sheldon) (Entered: 07/03/2018)

07/05/20 524 ORDER Appointing Special Master. Signed by District Judge Judith E.

18

Levy. (SBur) (Entered: 07/05/2018)

07/06/20 525 NOTICE of Appearance by Christopher James Marker on behalf of

18

Michael Glasgow. (Marker, Christopher) (Entered: 07/06/2018)

07/06/20 18

526 MOTION FOR ENTRY OF THE PROPOSED TIME AND EXPENSE ADMINISTRATION REPORTING SHEET by SR, Michelle rodriguez, Luke waid. (Attachments: # 1 Exhibit Proposed Time and Expense Reporting Sheet) (Shkolnik, Hunter) (Entered: 07/06/2018)

07/09/20 527 ORDER Regarding July 11, 2018 Oral Argument. Signed by District Judge

18

Judith E. Levy. (SBur) (Entered: 07/09/2018)

07/10/20 18

528 TRANSCRIPT of Telephonic Conference held on 7/2/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 42) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/31/2018. Redacted Transcript Deadline set for 8/10/2018. Release of Transcript Restriction set for 10/9/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 07/10/2018)

07/11/20 529 NOTICE of Appearance by Renner Kincaid Walker on behalf of Renner

18

Walker. (Walker, Renner) (Entered: 07/11/2018)

07/11/20 530 ATTORNEY APPEARANCE: Kurt E. Krause appearing on behalf of

18

Robert Scott (Krause, Kurt) (Entered: 07/11/2018)

07/11/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing held on 7/11/2018 re 283 MOTION to Dismiss, 276 Joint MOTION to Dismiss, 274 MOTION to Dismiss, 277 MOTION to Dismiss, 279 MOTION to Dismiss, 294 MOTION to

Dismiss, 281 MOTION to Dismiss, 273 MOTION to Dismiss, 282 MOTION to Dismiss, 278 MOTION to Dismiss. Disposition: Motions Taken Under Advisement. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/11/2018)

07/13/20 18

TEXT-ONLY ORDER Granting 526 MOTION FOR ENTRY OF THE PROPOSED TIME AND EXPENSE ADMINISTRATION REPORTING SHEET. Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/13/2018)

07/13/20 18

531 NOTICE of Appearance by Deborah E. Greenspan on behalf of Deborah E. Greenspan. (Greenspan, Deborah) [APPEARANCE OF SPECIAL MASTER DEBORAH E. GREENSPAN] Modified on 7/16/2018 (DPer). (Entered: 07/13/2018)

07/16/20 18

532 TRANSCRIPT of Motion Hearing held on 7/11/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 231) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/6/2018. Redacted Transcript Deadline set for 8/16/2018. Release of Transcript Restriction set for 10/15/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 07/16/2018)

07/16/20 18

533 RESPONSE to 519 MOTION for Order Regarding The Collection of Data of Potential Claimants filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 07/16/2018)

07/17/20 534 ORDER Referring 519 MOTION for Census Order to Special Master.

18

Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/17/2018)

07/17/20 535 ORDER Withdrawing 534 Order Referring Motion for Census Order to

18

Special Master. Signed by District Judge Judith E. Levy. (SBur) (Entered:

07/17/2018)

07/23/20 18

536 NOTICE by All Defendants re 506 Order,, Set Deadlines/Hearings, of Description of Non-Party Materials in Compliance With Order Regarding Matters Discussed at the June 18, 2018 Status Conference (Klein, Sheldon) (Entered: 07/23/2018)

07/23/20 537 RESPONSE to 519 MOTION for Order Regarding The Collection of Data

18

of Potential Claimants filed by All Plaintiffs. (Connors, Jordan) (Entered:

07/23/2018)

07/23/20 18

538 RESPONSE to 519 MOTION for Order Regarding The Collection of Data of Potential Claimants filed by Chloe Washington, Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr.. (Sharp, Ryan) (Entered: 07/23/2018)

07/24/20 18

539 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams re 536 Notice (Other) - Class Plaintiffs' Response to Defendants' Description of Non-Party Materials (Weiner, Jessica)[DOCKET ERROR WRONG EVENT USED - DOCUMENT IS TITLED RESPONSE] Modified on 7/25/2018 (NAhm). (Entered: 07/24/2018)

07/24/20 18

540 RESPONSE to 519 MOTION for Order Regarding The Collection of Data of Potential Claimants - Corrected Memorandum in Opposition filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, a minor child KEK, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Connors, Jordan) (Entered: 07/24/2018)

07/25/20 18

541 REPLY to Response re 519 MOTION for Order Regarding The Collection of Data of Potential Claimants filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan. (Bettenhausen, Margaret) (Entered: 07/25/2018)

07/30/20 542 NOTICE by McAlpine PC Proposed Discovery Coordination Protocol

18

Order (McAlpine, Mark) (Entered: 07/30/2018)

07/31/20 18

543 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC re 536 Notice (Other) Reply to Response re 536 NOTICE by All Defendants' Description of Non-Party Materials in Compliance With Order Regarding Matters Discussed at the June 18, 2018 Status Conference (Williams, Michael) (Entered: 07/31/2018)

07/31/20 544 AMENDED ORDER Appointing Special Master. Signed by District Judge

18

Judith E. Levy. (SBur) (Entered: 07/31/2018)

07/31/20 545 NOTICE by McAlpine PC Amended Proposed Discovery Coordination

18

Protocol Order (McAlpine, Mark) (Entered: 07/31/2018)

08/01/20 18

546 OPINION and ORDER Granting in Part and Denying in Part Busch, Cook, Prysby, Rosenthal, Shekter-Smith, Ambrose, Croft, Earley, Flint, Glasgow, Johnson, Walling, Wright, Dillon, Lyon, MDHHS, Governor Snyder, The State of Michigan, and Wurfel's 273 , 276 , 277 , 279 and 282 Motions to

Dismiss, Granting in Part and Denying in Part Veolia's Partial 274 Motion to Dismiss, Granting Lan's Partial 278 and 283 Motions to Dismiss, Denying Lan's 283 Motion for a More Definite Statement, and Granting Wyant and Peeler's 281 and 294 Motions to Dismiss. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/01/2018)

08/02/20 18

547 NOTICE of Non-Party Fault by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 08/02/2018)

08/06/20 18

548 NOTICE of Change of Address/Contact Information by Paul F. Novak on behalf of ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Novak, Paul) (Entered: 08/06/2018)

08/06/20 18

549 NOTICE of Change of Address/Contact Information by Gregory Stamatopoulos on behalf of ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Stamatopoulos, Gregory) (Entered: 08/06/2018)

08/09/20 550 NOTICE of Appearance by Laurence H. Tribe on behalf of Laurence

18

Tribe. (Tribe, Laurence) (Entered: 08/09/2018)

08/09/20 551 NOTICE of Appearance by Jonathan S. Massey on behalf of Jonathan

18

Massey. (Massey, Jonathan)[APPEARANCE IS FILED ON BEHALF OF

PLAINTIFFS] Modified on 8/9/2018 (NAhm). (Entered: 08/09/2018)

08/10/20 18

552 STIPULATION to Extend Time to Answer Complaint to August 29, 2018 by Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 08/10/2018)

08/13/20 18

553 STIPULATION AND ORDER Extending Time to File Answers as to Defendants Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. and Leo A. Daly. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/13/2018)

08/13/20 18

554 STIPULATION to Extend Time for MDEQ Employee Defendants to Answer the Third Amended Consolidated Class Action Complaint by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Liane shekter-smith (Grashoff, Philip) (Entered: 08/13/2018)

08/13/20 18

TEXT-ONLY ORDER Granting 554 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/13/2018)

08/13/20 555 STIPULATION re 349 Amended Complaint to Extend Time to Answer by

18

Andrew Dillon, Nick Lyon (Bettenhausen, Margaret) (Entered:

08/13/2018)

08/13/20 18

TEXT-ONLY ORDER Granting 555 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/13/2018)

08/13/20 556 STIPULATED ORDER Granting City Defendants an Extension of Time to

18

File Answer. Signed by District Judge Judith E. Levy. (SBur) (Entered:

08/13/2018)

08/14/20 18

557 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand Veolia North America, Inc.'s Answer to the Consolidated Amended Class Action Complaint and Demand for Trial by Jury by Veolia North America, Inc.. (Bush, Cheryl) (Entered: 08/14/2018)

08/14/20 18

558 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand Veolia North America, LLC's Answer to the Consolidated Amended Class Action Complaint, and Demand for Trial by Jury by Veolia North America, LLC. (Bush, Cheryl) (Entered: 08/14/2018)

08/14/20 18

559 ANSWER to Amended Complaint with Affirmative Defenses with Jury Demand Veolia Water North America Operating Services, LLC's Answer to the Consolidated Amended Class Action Complaint, and Demand for Trial by Jury by Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 08/14/2018)

08/15/20 560 MOTION for Reconsideration re 546 Memorandum Opinion & Order,, by

18

Jeff Wright. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1) (Wise,

Matthew) (Entered: 08/15/2018)

08/15/20 18

561 MOTION for Reconsideration re 546 Memorandum Opinion & Order,, or Relief From the Court's August 1, 2018 Order Denying their Motion to Dismiss Plaintiff's Bodily-Integrity Claim by Andrew Dillon, Nick Lyon. (Bettenhausen, Margaret) (Entered: 08/15/2018)

08/15/20 562 STIPULATION re 349 Amended Complaint for Additional Time to

18

Answer by Adam Rosenthal (Dwyer, Lisa) (Entered: 08/15/2018)

08/15/20 18

TEXT-ONLY ORDER Granting 562 Stipulation filed by Adam Rosenthal. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/15/2018)

08/15/20 563 ORDER Referring 519 MOTION for an Order Regarding the Collection of

18

Data of Potential Claimants to the Special Master. Signed by District Judge

Judith E. Levy. (SBur) (Entered: 08/15/2018)

08/15/20 18

564 MOTION for Leave to File a Supplemental Brief by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit 1 - Proposed Supplemental Brief) (Williams, Michael) (Entered: 08/15/2018)

08/15/20 565 MOTION to Amend/Correct 546 Memorandum Opinion & Order,, and

18

Certify for Interlocutory Appeal by Flint, City of. (Kim, William) (Entered:

08/15/2018)

08/17/20 566 Discovery Coordination Protocol Order. Signed by District Judge Judith E.

18

Levy. (SBur) (Entered: 08/17/2018)

08/20/20 18

567 SUPPLEMENTAL BRIEF re 564 MOTION for Leave to File a Supplemental Brief filed by Lan Inc., Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A Joinder in Veolia's Supplemental Brief on Damages) (Erickson, Philip) Modified on 8/20/2018 (DTyl) [DEFENDANTS LOCKWOOD, ANDREWS & NEWNAM, INC. AND LOCKWOOD, ANDREWS & NEWNAM, P.C.S MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEF AND JOINDER IN SUPPORT OF THEIR PARTIAL MOTION TO DISMISS UNDER RULE 12(b)(6) AND MOTION FOR MORE DEFINITE STATEMENT UNDER RULE 12(e)] (Entered: 08/20/2018)

08/20/20 18

568 AMENDED ANSWER to Complaint 349 Amended Complaint VNA, LLC's First Amended Answer to the Consolidated Amended Class Action Complaint, and Demand for Trial by Jury by Veolia North America, LLC. (Grunert, John) (Entered: 08/20/2018)

08/20/20 569 ORDER Requiring a Response to 560 and 561 Motions for

18

Reconsideration. (Response due by 9/4/2018) Signed by District Judge

Judith E. Levy. (SBur) (Entered: 08/20/2018)

08/21/20 570 NOTICE OF APPEAL by Bradley Wurfel re 546 Memorandum Opinion &

18

Order,,. Receipt No: 0645-6870001 - Fee: $ 505 - Fee Status: Fee Paid.

(Pattwell, Michael) (Entered: 08/21/2018)

08/21/20 571 Certificate of Service re 570 Notice of Appeal. (DTyl) (Entered:

18

08/21/2018)

08/22/20 572 STIPULATION re 553 Stipulation and Order Second Stipulation to Extend

18

Time to Answer Complaint to September 21, 2018 by Lan Inc., Leo A Daly

Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 08/22/2018)

08/22/20 18

TEXT-ONLY ORDER Granting 572 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/22/2018)

08/23/20 18

573 NOTICE OF APPEAL by Stephen Busch, Michael Prysby, Liane shektersmith, Patrick Cook re 546 Memorandum Opinion & Order,,. Receipt No: 0645-6873600 - Fee: $ 505 - Fee Status: Fee Paid. (Barbieri, Charles) (Entered: 08/23/2018)

08/23/20 574 Certificate of Service re 573 Notice of Appeal. (NAhm) (Entered:

18

08/23/2018)

08/24/20 575 NOTICE OF APPEAL by Adam Rosenthal. Receipt No: 0645-6876582 -

18

Fee: $ 505 - Fee Status: Fee Paid. (Dwyer, Lisa) (Entered: 08/24/2018)

08/24/20 576 Certificate of Service re 575 Notice of Appeal. (EKar) (Entered:

18

08/24/2018)

08/28/20 18

577 RESPONSE to 566 Order Disclosure Pursuant to Discovery Coordination Protocol Order (Dkt. 566) Section IV.E by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit A - Class Plaintiffs' Response to VWNAOS, LLC.'s, VNA, LLC, and VNA, Inc.'s First Request for Production of Documents) (Grunert, John) (Entered: 08/28/2018)

08/28/20 18

578 NOTICE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC Proposed Agenda Items for the September 12, 2018 Status Conference (Grunert, John) (Entered: 08/28/2018)

08/28/20 579 NOTICE OF APPEAL by Andrew Dillon, Nick Lyon re 546 Memorandum

18

Opinion & Order,,. Receipt No: 0645-6880538 - Fee: $ 505 - Fee Status:

Fee Paid. (Bettenhausen, Margaret) (Entered: 08/28/2018)

08/28/20 580 Certificate of Service re 579 Notice of Appeal. (DTyl) (Entered:

18

08/28/2018)

08/29/20 18

581 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith MDEQ Defendants' Proposed Agenda Items for the September 12, 2018 Status Conference (Grashoff, Philip) (Entered: 08/29/2018)

08/29/20 18

582 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan of State Defendants' Proposed Agenda Items for the September 12, 2018 Status Conference (Bettenhausen, Margaret) (Entered: 08/29/2018)

08/29/20 583 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of,

18

Michael Glasgow, Daugherty Johnson, Dayne Walling of City Defendants'

Proposed Agenda Items (Kim, William) (Entered: 08/29/2018)

08/29/20 18

584 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams of Class Plaintiffs' Proposed Agenda for September 12, 2018 Status Conference (Weiner, Jessica) (Entered: 08/29/2018)

08/29/20 18

585 RESPONSE to 564 MOTION for Leave to File a Supplemental Brief & 567 Motion for Leave to File a Supplemental Brief filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Weiner, Jessica) (Entered: 08/29/2018)

08/29/20 586 NOTICE by SR, Michelle rodriguez, Luke waid of Proposed Agenda Items

18

of Plaintiffs Liaison Counsel for the September 12, 2018 Status

Conference (Shkolnik, Hunter) (Entered: 08/29/2018)

08/30/20 18

587 [DANIEL WYANTS DISCLOSURE PURSUANT TO DISCOVERY COORDINATION PROTOCOL ORDER] RESPONSE to 566 Order Disclosure Pursuant to Discovery Coordination Protocol Order by Daniel Wyant. (Pattwell, Michael) Modified on 8/30/2018 (LGra). (Entered: 08/30/2018)

08/30/20 18

588 [BRADLEY WURFELS DISCLOSURE PURSUANT TO DISCOVERY COORDINATION PROTOCOL ORDER] RESPONSE to 566 Order Disclosure Pursuant to Discovery Coordination Protocol Order by Bradley Wurfel. (Pattwell, Michael) Modified on 8/31/2018 (LGra). (Entered: 08/30/2018)

08/30/20 589 NOTICE OF APPEAL by Flint, City of re 546 Memorandum Opinion &

18

Order,,. Receipt No: 0645-6884300 - Fee: $ 505 - Fee Status: Fee Paid.

(Berg, Frederick) (Entered: 08/30/2018)

08/30/20 590 Certificate of Service re 589 Notice of Appeal. (DTyl) (Entered:

18

08/30/2018)

08/30/20 18

591 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Liane shektersmith re 566 Order MDEQ Employee Defendants' Disclosure Pursuant to Discovery Coordination Protocol Order (Grashoff, Philip) (Entered: 08/30/2018)

08/31/20 18

592 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan re 566 Order of State Defendants' Discovery Coordination Protocol Order Disclosure (Bettenhausen, Margaret) (Entered: 08/31/2018)

08/31/20 18

593 NOTICE by Lan Inc., Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. LAN Defendants' Disclosure Pursuant to Discovery Coordination Protocol Order (Dkt 566) Section IV.E (Erickson, Philip) (Entered: 08/31/2018)

08/31/20 18

594 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams Class Plaintiffs Disclosure Pursuant to Discovery Coordination Protocol Order (Dkt 566) (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Novak, Paul) (Entered: 08/31/2018)

08/31/20 595 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of,

18

Daugherty Johnson, Dayne Walling re 566 Order Disclosure of Prior

Discovery (Kim, William) (Entered: 08/31/2018)

08/31/20 596 NOTICE by Corey Stern re 566 Order to Disclose Participation in Prior

18

Discovery (Stern, Corey) (Entered: 08/31/2018)

08/31/20 18

597 NOTICE by SR, Michelle rodriguez, Luke waid re 566 Order CO-LIAISON COUNSEL HUNTER SHKOLNIKS DISCLOSURE OF PRIOR DISCOVERY PURSUANT TO THE DISCOVERY COORDINATION PROTOCOL (Shkolnik, Hunter) (Entered: 08/31/2018)

09/04/20 598 NOTICE by Robert Scott Disclosure Pursuant to Discovery Coordination

18

Protocol Order (Krause, Kurt) (Entered: 09/04/2018)

09/04/20 599 STIPULATED ORDER Extending Time for Filing Plaintiffs' Response to

18

Defendants' Motions to Dismiss and Defendants' Replies Thereto. Signed

by District Judge Judith E. Levy. (SBur) (Entered: 09/04/2018)

09/04/20 600 RESPONSE to 561 MOTION for Reconsideration re 546 Memorandum

18

Opinion & Order,, or Relief From the Court's August 1, 2018 Order

Denying their Motion to Dismiss Plaintiff's Bodily-Integrity Claim On

Behalf of Class Plaintiffs filed by Beth M. Rivers. (Rivers, Beth) (Entered: 09/04/2018)

09/04/20 18

601 RESPONSE to 561 MOTION for Reconsideration re 546 Memorandum Opinion & Order,, or Relief From the Court's August 1, 2018 Order Denying their Motion to Dismiss Plaintiff's Bodily-Integrity Claim filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, a minor child KEK, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Connors, Jordan) (Entered: 09/04/2018)

09/05/20 602 AGENDA for September 12, 2018 Status Conference. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 09/05/2018)

09/05/20 603 MOTION to Stay Proceedings by Flint, City of. (Attachments: # 1 Exhibit

18

A: Concerned Pastors Settlement Agreement) (Berg, Frederick) (Entered:

09/05/2018)

09/05/20 604 Joint MOTION to Stay Pending Appeal by Stephen Busch, Patrick Cook,

18

Michael Prysby, Bradley Wurfel, Liane shekter-smith. (Attachments:

# 1 Exhibit 1) (Barbieri, Charles) (Entered: 09/05/2018)

09/11/20 605 NOTICE of Appearance by Debra J. Humphrey on behalf of Lawrence

18

Washington. [PAGES IN INCORRECT ORDER] (Humphrey, Debra)

Modified on 9/11/2018 (EKar). (Entered: 09/11/2018)

09/11/20 18

606 NOTICE of Appearance by Debra J. Humphrey on behalf of Lawrence Washington, Jr.. (Humphrey, Debra)[DUPLICATE OF DKT 605 PAGES IN CORRECT ORDER] Modified on 9/11/2018 (EKar). (Entered: 09/11/2018)

09/12/20 607 NOTICE of Appearance by Keith L. Altman on behalf of All Plaintiffs.

18

(Altman, Keith) [FILED IN WRONG CASE] Modified on 9/12/2018

(EKar). (Entered: 09/12/2018)

09/12/20 608 NOTICE of Appearance by Keith L. Altman on behalf of All Plaintiffs.

18

(Altman, Keith) (Entered: 09/12/2018)

09/12/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 9/12/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 09/12/2018)

09/12/20 18

TEXT-ONLY ORDER Extending Deadline for the Special Master to file Order Regarding the Collection of Data of Potential Claimants to September 24, 2018. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/12/2018)

09/14/20 18

609 ORDER Regarding Matters Discussed at the September 12, 2018 Status Conference. (In-Person Status Conference set for 11/7/2018 at 2:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/14/2018)

09/18/20 18

610 RESPONSE to 603 MOTION to Stay Proceedings, 604 Joint MOTION to Stay Pending Appeal filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 09/18/2018)

09/18/20 18

611 NOTICE of Joinder/Concurrence in 604 Joint MOTION to Stay Pending Appeal filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook by Adam Rosenthal (Burdick, James) (Entered: 09/18/2018)

09/19/20 18

612 RESPONSE to 604 Joint MOTION to Stay Pending Appeal, 603 MOTION to Stay Proceedings filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Guertin v. Michigan - Pls.' Am. Br. in Opp'n to City Defs.' Mot. to Stay Proceedings, # 3 Exhibit B - Unpublished Cases) (Levens, Emmy) (Entered: 09/19/2018)

09/21/20 18

613 TRANSCRIPT of Status Conference held on 9/12/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 56) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/12/2018. Redacted Transcript Deadline set for 10/22/2018. Release of Transcript Restriction set for 12/20/2018. 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, the transcript is publicly available. (Eddington, J) (Entered: 09/21/2018)

09/24/20 614 SPECIAL MASTER REPORT Order Regarding Collection of Claim

18

Data by Deborah E. Greenspan (Attachments: # 1 Exhibit A) (Greenspan,

Deborah) (Entered: 09/24/2018)

09/25/20 615 Ex Parte MOTION for Withdrawal of Attorney Stacy Erwin Oakes by

18

Flint, City of. (Kim, William) (Entered: 09/25/2018)

09/26/20 616 REPLY to Response re 604 Joint MOTION to Stay Pending Appeal filed

18

by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Liane

shekter-smith. (Barbieri, Charles) (Entered: 09/26/2018)

10/01/20 18

617 NOTICE by Leo Daily, Lan Inc., Leo A Daly Corp., Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. LAN's Corrected Disclosure Pursuant to Discovery Coordination Order (Erickson, Philip) (Entered: 10/01/2018)

10/01/20 618 ORDER Granting 615 Ex Parte Motion to Withdraw. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 10/01/2018)

10/02/20 18

619 SUPPLEMENTAL BRIEF re 610 Response to Motion, 612 Response to Motion,, Reply in Support of City Defendants' Joint Motion to Stay Proceedings filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson. (Klein, Sheldon) (Entered: 10/02/2018)

10/05/20 18

620 MOTION for Leave to File Amended Complaint by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams. (Attachments: # 1 Memorandum, # 2 Index of Exhibits, # 3 Exhibit A - Proposed Fourth Consolidated Amended Class Complaint, # 4 Exhibit B - Proposed Fourth Consolidated Amended Class Complaint - Substantive Redline, # 5 Exhibit C - Unpublished Cases) (Levens, Emmy) (Entered: 10/05/2018)

10/08/20 18

621 OBJECTION to 614 Report of Special Master Regarding the Collection of Claim Data by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams. (Attachments: # 1 Exhibit Record for Review) (Novak, Paul) (Entered: 10/08/2018)

10/08/20 18

622 MOTION To Adopt the Special Master's Report and Recommendation Regarding the Collection of Claim Data re 614 Report of Special Master by SR, Michelle rodriguez, Luke waid. (Shkolnik, Hunter) (Entered: 10/08/2018)

10/09/20 18

623 STIPULATED ORDER Extending Lockwood, Andrews & Newnam, P.C.; Lockwood, Newnam & Andrews Inc., and Leo A. Daly Company's Time to Answer. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/09/2018)

10/10/20 624 STIPULATION re 620 MOTION for Leave to File Amended Complaint to

18

Extend Time for State Defendants to Respond by Andrew Dillon, Nick

Lyon, RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 10/10/2018)

10/10/20 18

TEXT-ONLY ORDER Granting 624 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/10/2018)

10/10/20 18

625 STIPULATION re 620 MOTION for Leave to File Amended Complaint Extending Time to Respond by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Edward Kurtz, Dayne Walling, Jeff Wright (Kim, William) (Entered: 10/10/2018)

10/10/20 18

TEXT-ONLY ORDER Granting 625 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/10/2018)

10/10/20 626 STIPULATION re 620 MOTION for Leave to File Amended Complaint by

18

Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel

Wyant, Liane shekter-smith (Pattwell, Michael) (Entered: 10/10/2018)

10/10/20 18

TEXT-ONLY ORDER Granting 626 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/10/2018)

10/10/20 627 SPECIAL MASTER REPORT Order Staying Order Regarding the

18

Collection of Claimant Data by Deborah E. Greenspan (Greenspan,

Deborah) (Entered: 10/10/2018)

10/11/20 18

628 STIPULATION re 620 MOTION for Leave to File Amended Complaint to Extend Time to Respond to Class Plaintiffs' Motion by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 10/11/2018)

10/11/20 18

TEXT-ONLY ORDER Granting 628 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/11/2018)

10/15/20 18

629 RESPONSE to 614 Report of Special Master and Recommendation Regarding the Collection of Claim Data and to Class Plaintiffs' Objection to, and in the Alternative to Modify, Special Master's Order Regarding the Collection of Claim Data by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 10/15/2018)

10/15/20 630 RESPONSE to 614 Report of Special Master by Andrew Dillon, Nick

18

Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells. (Kuhl,

Richard) (Entered: 10/15/2018)

10/15/20 631 NOTICE of Joinder/Concurrence in 630 Response (Free) filed by Nick

18

Lyon, Eden Wells, Andrew Dillon, RICHARD D SNYDER, State of

Michigan by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling (Klein, Sheldon) (Entered: 10/15/2018)

10/15/20 632 MEMORANDUM re 614 Report of Special Master In Support of Motion

18

for Entry by Lockwood, Andrews & Newman, P.C., Lockwood, Andrews

& Newnam, Inc. (Erickson, Philip) (Entered: 10/15/2018)

10/15/20 18

633 RESPONSE to 621 Objection, CLASS PLAINTIFFS OBJECTION TO, AND IN THE ALTERNATIVE, MOTION TO MODIFY SPECIAL MASTERS ORDER REGARDING THE COLLECTION OF CLAIM DATA (DKT. NO. 614) by SR, Michelle rodriguez, Luke waid. (Shkolnik, Hunter) (Entered: 10/15/2018)

10/18/20 18

634 STIPULATION re 620 MOTION for Leave to File Amended Complaint by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Grunert, John) (Entered: 10/18/2018)

10/18/20 18

TEXT-ONLY ORDER Granting 634 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/18/2018)

10/19/20 18

635 RESPONSE to 620 MOTION for Leave to File Amended Complaint with Brief Included, to Motion for Leave to File a Fourth Amended Consolidated Class Complaint filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 10/19/2018)

10/19/20 18

636 MOTION for Leave to File Reply ISO our Objection (Dkt. No. 621) to the Special Masters' Claim Data Order (Dkt. No. 614) by Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Exhibit A - Proposed Reply) (Pitt, Michael) (Entered: 10/19/2018)

10/23/20 18

TEXT-ONLY ORDER Granting 636 MOTION for Leave to File Reply Brief. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/23/2018)

10/23/20 18

637 NOTICE of Appearance by Elliot M. Schaktman on behalf of All Plaintiffs. (Schaktman, Elliot) Modified on 10/23/2018 (EKar). [NOTICE OF INTERESTED PARTY APPEARANCE ON BEHALF OF PLAINTIFFS, LAWRENCE WASHINGTON JR. ET. AL. BY ELLIOTT SCHAKTMAN] (Entered: 10/23/2018)

10/23/20 638 CONSENT to Grant Substitution of attorney by Lawrence Washington, Jr.

18

(Schaktman, Elliot) Modified on 10/23/2018 (EKar). [UNSIGNED

CONSENT ORDER] (Entered: 10/23/2018)

10/23/20 18

639 STIPULATION re 635 Response to Motion, by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams (Weiner, Jessica) (Entered: 10/23/2018)

10/23/20 18

640 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC Proposed Agenda Items for the November 7, 2018 Status Conference (Grunert, John) (Entered: 10/23/2018)

10/23/20 18

TEXT-ONLY ORDER Granting 639 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/23/2018)

10/24/20 18

641 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells State Defendants' Proposed Agenda Items for the November 7, 2018 Status Conference (Bettenhausen, Margaret) (Entered: 10/24/2018)

10/24/20 18

642 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith Proposed Agenda Items for November 7, 2018 Status Conference (Barbieri, Charles) (Entered: 10/24/2018)

10/24/20 18

643 NOTICE by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. Submission of LAN Defendants Re Agenda Items for November 7, 2018 Status Conference (Erickson, Philip) (Entered: 10/24/2018)

10/24/20 18

644 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling City Defendants Proposed Agenda Items for November 7 Status Conference (Kim, William) (Entered: 10/24/2018)

10/24/20 645 NOTICE of Appearance by Elliot M. Schaktman on behalf of Lawrence

18

Washington, Jr.. (Schaktman, Elliot) (Entered: 10/24/2018)

10/24/20 646 NOTICE by SR, Michelle rodriguez, Luke waid of Proposed Agenda Items

18

of Plaintiffs Liaison Counsel for the November 7, 2018 Status

Conference (Shkolnik, Hunter) (Entered: 10/24/2018)

10/24/20 647 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber

18

Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis,

EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams of Class Plaintiffs' Proposed Agenda for November 7, 2018 Status Conference (Weiner, Jessica) (Entered: 10/24/2018)

10/25/20 18

648 STIPULATION Regarding Page Limits for Class Plaintiffs' Motion for Leave to File an Amended Complaint by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan (Bettenhausen, Margaret) (Entered: 10/25/2018)

10/25/20 18

TEXT-ONLY ORDER Granting 648 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/25/2018)

10/25/20 18

649 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells Amended Notice of State Defendants' Proposed Agenda Items for the November 7, 2018 Status Conference (Bettenhausen, Margaret) (Entered: 10/25/2018)

10/25/20 18

650 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed by Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 10/25/2018)

10/25/20 18

651 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed by Jeff Wright. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A.1973 Contract, # 3 Exhibit B. Chinn v. Jenkins, 2017 WL 631412) (Wise, Matthew) (Entered: 10/25/2018)

10/25/20 18

652 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling City Defendants AMENDED Proposed Agenda Items for the November 7 Status Conference (Kim, William) (Entered: 10/25/2018)

10/26/20 653 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed

18

by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited

in Response)) (Pattwell, Michael) (Entered: 10/26/2018)

10/26/20 18

654 RESPONSE to 620 MOTION for Leave to File Amended Complaint in Opposition filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Governors Chief of Staff Emails, # 3 Exhibit B - City of Flint emergency declaration, # 4 Exhibit C - Genesee County request for State declaration, # 5 Exhibit D - State declaration of emergency for Genesee County, # 6 Exhibit E - Parchment declaration of emergency, # 7 Exhibit F - State declaration of emergency for Kalamazoo County, # 8 Exhibit G - Genesee County declaration of emergency, # 9 Exhibit H - MDHHS 2014 Child Lead Testing Report, # 10 Exhibit I - MDHHS 2015 Child Lead Testing

Report, # 11 Exhibit J - Hernn Gmez article) (Bettenhausen, Margaret) (Entered: 10/26/2018)

10/26/20 655 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed

18

by Stephen Busch, Michael Prysby, Liane shekter-smith. (Morgan,

Thaddeus) (Entered: 10/26/2018)

10/26/20 18

656 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Edward Kurtz, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Flint Water Advisory Task ForceFinal Report, # 3 Document Continuation 1 - Flint Water Advisory Task ForceFinal Report, # 4 Exhibit 2 - 1964 DWSD Contract, # 5 Exhibit 3 - 1965 DWSD Contract, # 6 Exhibit 4 - 1973 Flint/Genesee Contract, # 7 Exhibit 5 - Third Amendment, # 8 Exhibit 6 - DWSD Termination letter) (Klein, Sheldon) (Entered: 10/26/2018)

10/26/20 657 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed

18

by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A,

# 3 Exhibit B, # 4 Exhibit C) (Pattwell, Michael) (Entered: 10/26/2018)

10/29/20 18

658 Ex Parte MOTION TO EXTEND the Page Limit of Plaintiffs' Reply Brief in Support of Their Motion for Leave to File an Amended Complaint by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Weiner, Jessica) (Entered: 10/29/2018)

10/30/20 18

TEXT-ONLY ORDER Granting 658 Ex Parte MOTION TO EXTEND the Page Limit. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/30/2018)

10/31/20 659 ORDER Denying City of Flint's 565 Motion to Amend and Certify in Part

18

the Court's August 1, 2018 Opinion and Order for Interlocutory Appeal.

Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/31/2018)

10/31/20 660 AGENDA for November 7, 2018 Status Conference. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 10/31/2018)

11/01/20 661 ORDER Regarding Applications for Interim Individual Co-Liaison

18

Counsel and Interim Co-Lead Class Counsel. Signed by District Judge

Judith E. Levy. (SBur) (Entered: 11/01/2018)

11/02/20 662 MOTION to Remand ELCRA Claims to State Court by Melissa Mays.

18

(Novak, Paul) (Entered: 11/02/2018)

11/02/20 18

663 REPLY to Response re 620 MOTION for Leave to File Amended Complaint filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Levens, Emmy) (Entered: 11/02/2018)

11/06/20 664 NOTICE of Appearance by Todd J. Weglarz on behalf of Cholyanda

18

Brown. (Weglarz, Todd) (Entered: 11/06/2018)

11/06/20 665 NOTICE of Appearance by Todd J. Weglarz on behalf of Cholyanda

18

Brown. (Weglarz, Todd) (Entered: 11/06/2018)

11/06/20 666 NOTICE of Appearance by Todd J. Weglarz on behalf of Gradine Rogers.

18

(Weglarz, Todd) (Entered: 11/06/2018)

11/06/20 667 NOTICE of Appearance by Todd J. Weglarz on behalf of Gradine Rogers.

18

(Weglarz, Todd) (Entered: 11/06/2018)

11/07/20 18

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/7/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 11/07/2018)

11/09/20 18

668 NOTICE by Andrew Dillon, Nick Lyon of withdrawal of 561 MOTION for Reconsideration re 546 Memorandum Opinion & Order,, or Relief From the Court's August 1, 2018 Order Denying their Motion to Dismiss Plaintiff's Bodily-Integrity Claim . (Kuhl, Richard) (Entered: 11/09/2018)

11/09/20 18

669 ORDER Regarding Matters Discussed at the November 7, 2018 Status Conference. (Motion Hearing set for 1/16/2019 at 2:00 PM before District Judge Judith E. Levy and In-Person Status Conference set for 2/6/2019 at 2:00 PM before District Judge Judith E. Levy) in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2018)

11/09/20 670 ORDER Granting Plaintiffs' Motion for Relief from Judgment and

18

Vacating the Court's August 1, 2018 546 Opinion and Order. Signed by

District Judge Judith E. Levy. (SBur) (Entered: 11/09/2018)

11/13/20 18

671 NOTICE of Joinder/Concurrence in by Adam Rosenthal MDEQ Employee Defendants Busch, Prysby and Shekter Smith's Brief in Opposition to Plaintiffs' Motion for Leave to File a Fourth Amended Consolidated Class Action Complaint (Dwyer, Lisa) (Entered: 11/13/2018)

11/13/20 672 NOTICE of Non-Party Fault by Veolia North America, Inc., Veolia North

18

America, LLC, Veolia Water North America Operating Services, LLC

(Grunert, John) (Entered: 11/13/2018)

11/14/20 673 AMENDED ORDER Regarding the Collection of Claim Data. Signed by

18

District Judge Judith E. Levy. (SBur) (Entered: 11/14/2018)

11/14/20 18

674 SUPPLEMENTAL BRIEF re 662 MOTION to Remand ELCRA Claims to State Court filed by a minor child CM1, a minor child CM2, a minor child CM3, Melissa Mays, Melissa Mays. (Attachments: # 1 Index of Exhibits Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (LaBelle, Deborah) (Entered: 11/14/2018)

11/16/20 675 AMENDED Discovery Coordination Protocol Order. Signed by District

18

Judge Judith E. Levy. (SBur) (Entered: 11/16/2018)

11/19/20 18

676 RESPONSE to 620 MOTION for Leave to File Amended Complaint filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 11/19/2018)

11/27/20 18

677 RESPONSE to 662 MOTION to Remand ELCRA Claims to State Court filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 11/27/2018)

11/28/20 678 RESPONSE to 662 MOTION to Remand ELCRA Claims to State

18

Court filed by Andrew Dillon, RICHARD D SNYDER, State of Michigan.

(Gambill, Nathan) (Entered: 11/28/2018)

11/29/20 679 AMENDED 573 Notice of Appeal by Stephen Busch, Patrick Cook,

18

Michael Prysby, Liane shekter-smith (Barbieri, Charles) (Entered:

11/29/2018)

11/29/20 680 Certificate of Service re 573 Amended Notice of Appeal. (SKra) (Entered:

18

11/29/2018)

11/29/20 681 APPLICATION for Appointment of Corey M. Stern as Co-Liaison

18

Counsel by Corey Stern. (Stern, Corey) (Entered: 11/29/2018)

11/30/20 682 AMENDED 570 Notice of Appeal by Bradley Wurfel (Pattwell, Michael)

18

(Entered: 11/30/2018)

11/30/20 683 Certificate of Service re 570 Amended Notice of Appeal. (SKra) (Entered:

18

11/30/2018)

11/30/20 684 AMENDED 579 Notice of Appeal by Andrew Dillon, Nick Lyon,

18

RICHARD D SNYDER, State of Michigan (Gambill, Nathan) (Entered:

11/30/2018)

11/30/20 685 MOTION to Stay by Andrew Dillon, Nick Lyon, RICHARD D SNYDER,

18

State of Michigan, Eden Wells. (Gambill, Nathan) (Entered: 11/30/2018)

11/30/20 686 Certificate of Service re 579 Amended Notice of Appeal. (SKra) (Entered:

18

11/30/2018)

11/30/20 687 AMENDED 589 Notice of Appeal, 670 Order on Motion for

18

Reconsideration, Order on Motion to Stay, by Flint, City of (Berg,

Frederick) (Entered: 11/30/2018)

11/30/20 688 Certificate of Service re 589 Amended Notice of Appeal. (SKra) (Entered:

18

11/30/2018)

11/30/20 689 APPLICATION for Appointment of Hunter J. Shkolnik as Co-Liaison

18

Counsel by SR, Michelle rodriguez, Luke waid. (Shkolnik, Hunter)

(Entered: 11/30/2018)

11/30/20 18

690 APPLICATION for Reappointment as Interim Co-Lead Class Counsel by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Weiner, Jessica) (Entered: 11/30/2018)

12/03/20 691 MOTION for Certificate of Appealability to Certify the Court's November

18

9, 2018 Order for Interlocutory Appeal by Jeff Wright. (Wise, Matthew)

(Entered: 12/03/2018)

12/04/20 18

692 NOTICE OF APPEAL by Daniel Wyant re 670 Order on Motion for Reconsideration, Order on Motion to Stay,. Receipt No: 0645-7013808 Fee: $ 505 - Fee Status: Fee Paid. (Pattwell, Michael) (Entered: 12/04/2018)

12/04/20 18

693 Joint MOTION to Stay re 685 MOTION to Stay Discovery by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Barbieri, Charles) Modified on 12/4/2018 (DWor). [DOCUMENT ENTITLED "MDEQ DEFENDANTS' JOINDER AND CONCURRENCE IN MOTION FOR STAY OF DISCOVERY"] (Entered: 12/04/2018)

12/04/20 694 Certificate of Service re 692 Notice of Appeal. (DWor) (Entered:

18

12/04/2018)

12/04/20 18

695 TRANSCRIPT of Status Conference held on 11/7/2018. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 55) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript

may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/26/2018. Redacted Transcript Deadline set for 1/4/2019. Release of Transcript Restriction set for 3/4/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 12/04/2018)

12/07/20 696 ORDER Reappointing Interim Individual Co-Liaison Counsel and Interim

18

Co-Lead Class Counsel. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 12/07/2018)

12/07/20 18

697 STIPULATION re 685 MOTION to Stay to Extend The Deadline To Respond by State of Michigan, Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC (Grunert, John) (Entered: 12/07/2018)

12/07/20 18

TEXT-ONLY ORDER Granting 697 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/07/2018)

12/07/20 698 NOTICE OF APPEAL by Jeff Wright re 670 Order on Motion for

18

Reconsideration, Order on Motion to Stay,. Receipt No: 0645-7020360 -

Fee: $ 505 - Fee Status: Fee Paid. (Wise, Matthew) (Entered: 12/07/2018)

12/10/20 699 Certificate of Service re 698 Notice of Appeal. (DPer) (Entered:

18

12/10/2018)

12/11/20 700 STIPULATION re 685 MOTION to Stay Extending Deadline to

18

Respond by McLaren Healthcare Corporation (Smith, Susan) (Entered:

12/11/2018)

12/12/20 18

TEXT-ONLY ORDER Granting 700 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/12/2018)

12/13/20 18

701 ORDER Denying as Moot Defendants Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's 564 Motion for Leave to File a Supplemental Brief. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/13/2018)

12/13/20 702 STIPULATION To Extend Time to File Proposed Case Management

18

Order by All Plaintiffs (Connors, Jordan) (Entered: 12/13/2018)

12/14/20 18

TEXT-ONLY ORDER Granting 702 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/14/2018)

12/14/20 703 NOTICE OF APPEAL by Adam Rosenthal. Receipt No: 0645-7031238 -

18

Fee: $ 505 - Fee Status: Fee Paid. (Dwyer, Lisa) (Entered: 12/14/2018)

12/14/20 18

704 RESPONSE to 693 Joint MOTION to Stay re 685 MOTION to Stay Discovery, 685 MOTION to Stay CLASS PLAINTIFFS MEMORANDUM IN OPPOSITION TO STATE DEFENDANTS MOTION TO STAY filed by All Plaintiffs. (Connors, Jordan) (Entered: 12/14/2018)

12/14/20 18

705 REPLY to Response re 693 Joint MOTION to Stay re 685 MOTION to Stay Discovery, 685 MOTION to Stay filed by Corey Stern, Renner Walker. (Walker, Renner) Modified on 12/17/2018 (DWor). [DOCUMENT ENTITLED "INDIVIDUAL PLAINTIFFS' MEMORANDUM OF LAW IN OPPOSITION TO STATE DEFENDANTS' MOTION FOR A STAY OF DISCOVERY"] (Entered: 12/14/2018)

12/17/20 706 NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren

18

Healthcare Corporation. (MacDonald, J.) (Entered: 12/17/2018)

12/17/20 707 NOTICE of Appearance by J. Brian MacDonald on behalf of McLaren

18

Healthcare Corporation. (MacDonald, J.) (Entered: 12/17/2018)

12/17/20 708 Certificate of Service re 703 Amended Notice of Appeal. (DWor) (Entered:

18

12/17/2018)

12/17/20 18

709 RESPONSE to 691 MOTION for Certificate of Appealability to Certify the Court's November 9, 2018 Order for Interlocutory Appeal and Class Plaintiffs' Opposition filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Novak, Paul) (Entered: 12/17/2018)

12/18/20 710 ORDER Denying Jeffrey Wright's 691 Motion to Certify the Court's

18

November 9, 2018 Order for Interlocutory Appeal. Signed by District

Judge Judith E. Levy. (SBur) (Entered: 12/18/2018)

12/19/20 711 ORDER Referring Defendants' Cost Allocation Issue to the Special Master.

18

Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/19/2018)

12/20/20 18

712 RESPONSE to 693 Joint MOTION to Stay re 685 MOTION to Stay Discovery, 685 MOTION to Stay Discovery for All Actions filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 12/20/2018)

12/20/20 713 RESPONSE to 693 Joint MOTION to Stay re 685 MOTION to

18

Stay Discovery, 685 MOTION to Stay Discovery for all Actions filed by

Veolia Defendants filed by Lockwood, Andrews & Newman, Inc.,

Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 12/20/2018)

12/21/20 714 ORDER Regarding Pending Motion to Amend. Signed by District Judge

18

Judith E. Levy. (SBur) (Entered: 12/21/2018)

12/21/20 18

715 RESPONSE to 693 Joint MOTION to Stay re 685 MOTION to Stay Discovery, 685 MOTION to Stay Reply in Support of Joinder in State Defendants' Motion for Stay of Discovery filed by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shektersmith. (Barbieri, Charles) (Entered: 12/21/2018)

12/21/20 716 REPLY to Response re 685 MOTION to Stay filed by Andrew Dillon,

18

Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells.

(Gambill, Nathan) (Entered: 12/21/2018)

12/21/20 18

717 NOTICE of Joinder/Concurrence in 715 Response to Motion, filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook, Daniel Wyant by Adam Rosenthal (Dwyer, Lisa) (Entered: 12/21/2018)

12/21/20 18

718 RESPONSE to 693 Joint MOTION to Stay re 685 MOTION to Stay Discovery, 685 MOTION to Stay filed by McLaren Healthcare Corporation. (Attachments: # 1 Document Continuation Brief in Opposition, # 2 Exhibit) (Smith, Susan) (Entered: 12/21/2018)

12/21/20 719 NOTICE by Beverly's Restaurant, Cakes & Catering, Frances Gilcreast,

18

Vivian Kelley, Estella A Simpkins Joint Submission re Case Management

Plan (Connors, Jordan) (Entered: 12/21/2018)

12/28/20 18

720 RESPONSE to 693 Joint MOTION to Stay re 685 MOTION to Stay Discovery, 685 MOTION to Stay of Discovery to Address Responses by Private Defendants filed by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith. (Barbieri, Charles) (Entered: 12/28/2018)

12/28/20 18

721 NOTICE of Joinder/Concurrence in 720 Response to Motion, filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook, Daniel Wyant by Adam Rosenthal (Dwyer, Lisa) (Entered: 12/28/2018)

01/02/20 19

722 NOTICE of Change of Address/Contact Information by John A.K. Grunert on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 01/02/2019)

01/04/20 723 NOTICE of Joinder/Concurrence in 685 MOTION to Stay filed by Nick

19

Lyon, Eden Wells, Andrew Dillon, RICHARD D SNYDER, State of

Michigan by Jeff Wright (Wise, Matthew) (Entered: 01/04/2019)

01/04/20 19

724 REPLY to Response re 685 MOTION to Stay (Joint Reply to both Engineering Defendants' Response [712, 713] and McLaren's Response 718 ) filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells. (Gambill, Nathan) (Entered: 01/04/2019)

01/04/20 19

TEXT-ONLY ORDER: The briefing schedule relating to the pending motions for leave to amend and motions to dismiss in Walters, Sirls, and Carthan is temporarily suspended. The parties are required to meet and confer and submit an agreed upon order suggesting a new briefing schedule no later than 5:00 pm on Friday, January 11, 2019. Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/04/2019)

01/09/20 725 Ex Parte MOTION for Withdrawal of Attorney Shawntane Williams by

19

Shawntane Williams. (Williams, Shawntane) (Entered: 01/09/2019)

01/10/20 726 NOTICE of Appearance by Darryl Keenan Segars on behalf of darryl

19

keenan segars. (Segars, Darryl) (Entered: 01/10/2019)

01/11/20 19

727 STIPULATION Regarding Motion Practice by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams (Weiner, Jessica) (Entered: 01/11/2019)

01/14/20 728 ATTORNEY SUBSTITUTION for Michael Glasgow: Christopher James

19

Marker added. (Marker, Christopher) (Entered: 01/14/2019)

01/14/20 729 [STRICKEN] STIPULATION Re Motion Practice by Corey Stern

19

(Attachments: # 1 Exhibit Proposed Order) (Stern, Corey) Modified on

1/15/2019 (SBur). (Entered: 01/14/2019)

01/15/20 19

TEXT-ONLY ORDER Striking 729 Stipulation as Improvidently Filed. Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/15/2019)

01/15/20 19

TEXT-ONLY ORDER Granting 727 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/15/2019)

01/15/20 730 STIPULATION AND ORDER for substitution of counsel. Signed by

19

District Judge Judith E. Levy. (DPer) (Entered: 01/15/2019)

01/15/20 731 ORDER granting 725 Exparte motion to withdraw as counsel. Signed by

19

District Judge Judith E. Levy. (DPer) (Entered: 01/15/2019)

01/16/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Motion Hearing held on 1/16/2019 re 662 MOTION to Remand. Disposition: Motion Granted. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 01/16/2019)

01/16/20 732 ORDER Granting 662 Motion to Remand ELCRA Claims to State Court.

19

Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/16/2019)

01/17/20 19

733 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 1/23/2019 at 10:30 AM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 01/17/2019)

01/19/20 19

734 TRANSCRIPT of Motion Hearing held on 1/16/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 40) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 2/11/2019. Redacted Transcript Deadline set for 2/19/2019. Release of Transcript Restriction set for 4/19/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 01/19/2019)

01/22/20 19

735 SUPPLEMENTAL BRIEF re 655 Response to Motion MDEQ Defendants' Supplemental Brief Opposing Plaintiffs' Proposed Amended Complaint and/or Seeking Dismissal of the Proposed Fourth Amended Complaint filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane shekter-smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (Barbieri, Charles) (Entered: 01/22/2019)

01/22/20 19

736 RESPONSE to 714 Order , Putative Class Plaintiffs' Motion for Leave to File 4th Amended Complaint & Renewal of Motion to Dismiss Pursuant to Fed.R.Civ.P. 12(B)(6) by Jeff Wright. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-1/4/19 Guertin Opinion, # 3 Exhibit B-1973 Water Supply Contract, # 4 Exhibit C-July 11, 2018 Transcript) (Wise, Matthew) (Entered: 01/22/2019)

01/22/20 19

737 MOTION to Strike Allegations from Putative Class Plaintiffs' Proposed Fourth Amended Complaint, and Brief in Support by Jeff Wright. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Declaration of Jeff Wright, # 3 Exhibit B-Declaration of John F. OBrien, # 4 Exhibit C-1973 Water Supply Contract, # 5 Exhibit D-Schlosser v. University of Tennessee, 2014 WL 5325350, # 6 Exhibit E-April 1, 2018 Karegnondi Water Authority (KWA), # 7 Exhibit F-Administrative Consent Order

(ACO), # 8 Exhibit G-KWA Financing Contract) (Wise, Matthew) (Entered: 01/22/2019)

01/22/20 19

738 SUPPLEMENTAL BRIEF re 656 Response to Motion,, 620 MOTION for Leave to File Amended Complaint filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Edward Kurtz, Dayne Walling, Daugherty johnson. (Klein, Sheldon) (Entered: 01/22/2019)

01/22/20 19

739 OBJECTION to 714 Order and Additional Motion to Dismiss Arguments Regarding Dkts. 620 and 349 by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells. (Bettenhausen, Margaret) (Entered: 01/22/2019)

01/22/20 740 SUPPLEMENTAL BRIEF re 653 Response to Motion filed by Daniel

19

Wyant. (Attachments: # 1 Exhibit A (Unpublished Case Cited in Brief))

(Pattwell, Michael) (Entered: 01/22/2019)

01/22/20 741 SUPPLEMENTAL BRIEF re 657 Response to Motion filed by Bradley

19

Wurfel. (Attachments: # 1 Exhibit A (Unpublished Case Cited in Brief))

(Pattwell, Michael) (Entered: 01/22/2019)

01/22/20 19

742 SUPPLEMENTAL BRIEF re 620 MOTION for Leave to File Amended Complaint filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 01/22/2019)

01/22/20 19

743 SUPPLEMENTAL BRIEF re 620 MOTION for Leave to File Amended Complaint Pursuant to the Court's December 21, 2018 Order Re Pending Motion to Amend filed by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 01/22/2019)

01/23/20 19

744 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC Proposed Agenda Items for the February 6, 2019 Status Conference (Grunert, John) (Entered: 01/23/2019)

01/23/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 1/23/2019. (SBur) (Entered: 01/23/2019)

01/23/20 19

745 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith re 669 Order,, Set Motion and R&R Deadlines/Hearings,, Set Deadlines/Hearings, MDEQ Defendants' Proposed Agenda Items for the February 6, 2019 Status Conference (Grashoff, Philip) (Entered: 01/23/2019)

01/23/20 19

746 NOTICE by Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc. re 669 Order,, Set Motion and R&R Deadlines/Hearings,, Set Deadlines/Hearings, Proposed Agenda Items for February 6, 2019 Status Conference (Erickson, Philip) (Entered: 01/23/2019)

01/23/20 747 NOTICE of Joinder/Concurrence in 735 Supplemental Brief, filed by Liane

19

shekter-smith, Stephen Busch, Michael Prysby, Patrick Cook by Adam

Rosenthal (Dwyer, Lisa) (Entered: 01/23/2019)

01/23/20 19

748 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells of State Defendants' Proposed Agenda Items for the February 6, 2019 Status Conference (Bettenhausen, Margaret) (Entered: 01/23/2019)

01/23/20 749 ORDER Regarding Telephonic Status Conference Held on January 23,

19

2019. Signed by District Judge Judith E. Levy. (SBur) (Entered:

01/23/2019)

01/23/20 750 ORDER Regarding 737 MOTION to Strike Allegations from Putative

19

Class Plaintiffs' Proposed Fourth Amended Complaint. Signed by District

Judge Judith E. Levy. (SBur) (Entered: 01/23/2019)

01/23/20 751 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of,

19

Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda

Status Conference (Kim, William) (Entered: 01/23/2019)

01/23/20 19

752 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for February 6, 2019 Status Conference (Weiner, Jessica) (Entered: 01/23/2019)

01/23/20 753 NOTICE by SR, Michelle rodriguez, Luke waid of Proposed Agenda Items

19

of Plaintiffs Liaison Counsel for the February 6, 2019 Status

Conference (Shkolnik, Hunter) (Entered: 01/23/2019)

01/24/20 19

754 NOTICE of Joinder/Concurrence in 745 Notice (Other), filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook, Daniel Wyant by Adam Rosenthal (Dwyer, Lisa) (Entered: 01/24/2019)

01/29/20 19

755 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams

re 566 Order Class Plaintiffs Supplemental Disclosure Pursuant to Discovery Coordination Protocol Order (Novak, Paul) (Entered: 01/29/2019)

01/29/20 756 AGENDA for February 6, 2019 Status Conference. Signed by District

19

Judge Judith E. Levy. (SBur) (Entered: 01/29/2019)

01/29/20 19

757 SUPPLEMENTAL BRIEF re 620 MOTION for Leave to File Amended Complaint filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Levens, Emmy) (Entered: 01/29/2019)

02/01/20 758 ORDER Regarding Genesee County Health Department Subpoena. Signed

19

by District Judge Judith E. Levy. (SBur) (Entered: 02/01/2019)

02/04/20 759 MOTION For Relief from Local Rule 83.20(f)(2) by Veolia North

19

America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Williams, Michael) (Entered: 02/04/2019)

02/05/20 760 ORDER Granting 759 Motion for Relief from Local Rule 83.20(f)(2).

19

Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/05/2019)

02/05/20 761 ATTORNEY APPEARANCE: John Stephen Gilliam appearing on behalf

19

of Jeff Wright ONLY (Gilliam, John) (Entered: 02/05/2019)

02/06/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 2/6/2019. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 02/06/2019)

02/07/20 762 MOTION for Withdrawal of Attorney Todd R. Mendel by RICHARD D

19

SNYDER. (Attachments: # 1 Exhibit A) (Mendel, Todd) (Entered:

02/07/2019)

02/07/20 19

763 NOTICE by Jeff Wright of withdrawal of 737 MOTION to Strike Allegations from Putative Class Plaintiffs' Proposed Fourth Amended Complaint, and Brief in Support . (Wise, Matthew) (Entered: 02/07/2019)

02/07/20 19

764 ORDER Regarding Matters Discussed at the February 6, 2019 Status Conference. (In-Person Status Conference set for 3/12/2019 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/07/2019)

02/08/20 765 MOTION for Withdrawal of Attorney Todd R. Mendel by RICHARD D

19

SNYDER. (Attachments: # 1 Exhibit A) (Mendel, Todd) (Entered:

02/08/2019)

02/13/20 766 SUPPLEMENTAL BRIEF re 764 Order,, Set Deadlines/Hearings, filed by

19

Jeff Wright. (Wise, Matthew) (Entered: 02/13/2019)

02/13/20 767 ORDER granting 765 Motion for withdrawal of attorney. Signed by

19

District Judge Judith E. Levy. (DPer) (Entered: 02/13/2019)

02/13/20 768 ORDER granting 762 Motion for withdrawal of attorney. Signed by

19

District Judge Judith E. Levy. (DPer) (Entered: 02/13/2019)

02/19/20 19

769 TRANSCRIPT of Status Conference held on 2/6/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 50) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/12/2019. Redacted Transcript Deadline set for 3/22/2019. Release of Transcript Restriction set for 5/20/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 02/19/2019)

02/19/20 19

770 SUPPLEMENTAL BRIEF re 766 Supplemental Brief filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Pitt, Michael) Modified on 2/20/2019 (SOso). [Document titled CLASS PLAINTIFFS RESPONSE TO DEFENDANT JEFFREY WRIGHTS SUPPLEMENTAL BRIEF [DKT. No. 766]] (Entered: 02/19/2019)

02/22/20 19

771 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 2/22/2019 at 02:00 PM before District Judge Judith E. Levy. Parties should use the following call-in: 888-363-4734; Access Code: 2541474. (Sandusky, K) (Entered: 02/22/2019)

02/22/20 19

772 SPECIAL MASTER REPORT FIRST INTERIM REPORT OF THE SPECIAL MASTER REGARDING DATA COMPILATION BASED ON RESPONSES TO THE AMENDED ORDER REGARDING COLLECTION OF DATA by Deborah E. Greenspan (Attachments: # 1 Exhibit) (Greenspan, Deborah) (Entered: 02/22/2019)

02/22/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 2/22/2019. (Sandusky, K) (Entered: 02/22/2019)

02/25/20 19

773 RENOTICE TO APPEAR: In-Person Status Conference set for 3/12/2019 at 2:00 PM before District Judge Judith E. Levy - in Courtroom 1 - Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/25/2019)

02/25/20 774 ORDER Regarding Class Plaintiffs' Authorizations. Signed by District

19

Judge Judith E. Levy. (SBur) (Entered: 02/25/2019)

02/26/20 19

775 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC Proposed Agenda Items for the March 12, 2019 Status Conference (Grunert, John) (Entered: 02/26/2019)

02/26/20 776 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of,

19

Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda

Submission (Kim, William) (Entered: 02/26/2019)

02/26/20 777 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of

19

Michigan, Eden Wells of State Defendants' Proposed Agenda Items for the

March 12, 2019 Status Conference (Kuhl, Richard) (Entered: 02/26/2019)

02/26/20 19

778 NOTICE by Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc. Proposed Agenda Items for March 12, 2019 Status Conference (Erickson, Philip) (Entered: 02/26/2019)

02/26/20 19

779 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for March 12, 2019 Status Conference (Weiner, Jessica) (Entered: 02/26/2019)

02/26/20 780 CONSENT ORDER GRANTING Attorney Substitution. Attorney James

19

A. Fajen for Adam Rosenthal added. Attorney Lisa L. Dwyer terminated.

Signed by District Judge Judith E. Levy. (NAhm) (Entered: 02/26/2019)

02/26/20 781 NOTICE by SR, Michelle rodriguez, Luke waid PLAINTIFFS LIAISON

19

COUNSELS PROPOSED AGENDA FOR MARCH 12, 2019 STATUS

CONFERENCE (Shkolnik, Hunter) (Entered: 02/26/2019)

02/28/20 782 [STRICKEN - DISCOVERY] OBJECTION to Subpoena to Produce

19

Documents by Karegnondi Water Authority. (Attachments: # 1 Index of

Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Wise, Matthew) Modified on 2/28/2019 (DPer). (Entered: 02/28/2019)

02/28/20 19

NOTICE of error directed to Matthew Wise re 782 Objection to subpoena. Document is prohibited discovery, disclosure or a certificate of service thereof. Document was stricken. [No Image Associated with this docket entry] (DPer) (Entered: 02/28/2019)

03/03/20 783 NOTICE by Adam Rosenthal Proposed Agenda Item (Attachments:

19

# 1 Exhibit CTLogic Proposal) (Burdick, James) (Entered: 03/03/2019)

03/05/20 784 AGENDA for March 12, 2019 Status Conference. Signed by District Judge

19

Judith E. Levy. (SBur) (Entered: 03/05/2019)

03/11/20 785 NOTICE of Appearance by Paul T. Geske on behalf of Shari Guertin.

19

(Geske, Paul) (Entered: 03/11/2019)

03/11/20 786 MOTION to Appoint Counsel GUERTIN PLAINTIFFS MOTION FOR

19

APPOINTMENT OF LIAISON APPELLATE COUNSEL by Shari Guertin.

(Geske, Paul) (Entered: 03/11/2019)

03/12/20 19

787 NOTICE of Appearance by Madeline M. Sinkovich on behalf of Chloe Washington, Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr.. (Sinkovich, Madeline) (Entered: 03/12/2019)

03/12/20 19

Minute Entry for proceedings before District Judge Judith E. Levy. Status Conference held on 3/12/2019. (In-Person Chambers Status Conference set for 3/18/2019 at 10:00 AM before District Judge Judith E. Levy) (Court Reporter: Jeseca Eddington) (SBur) (Entered: 03/12/2019)

03/13/20 788 ORDER Regarding Matters Discussed at the March 12, 2019 Status

19

Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered:

03/13/2019)

03/18/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 3/18/2019. (SBur) (Entered: 03/18/2019)

03/18/20 789 NOTICE TO APPEAR: In-Person Status Conference set for 5/15/2019

19

at 2:00 PM before District Judge Judith E. Levy - in Courtroom 1.

(SBur) (Entered: 03/18/2019)

03/18/20 19

790 ADDENDUM to Confidentiality Order Related to Production of Medical, Educational, Insurance, Employment and Governmental Records of Plaintiffs. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/18/2019)

03/18/20 791 ORDER Regarding March 18, 2019 In-Chambers Conference Concerning

19

Case Management Order. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 03/18/2019)

03/18/20 792 ORDER Extending Time to file Joint Report Concerning Non-Party

19

Documents Only Subpoenas. Signed by District Judge Judith E. Levy.

(SBur) (Entered: 03/18/2019)

03/19/20 793 ATTORNEY APPEARANCE: Karen E. Beach appearing on behalf of Leo

19

A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood,

Andrews & Newnam, P.C. (Beach, Karen) (Entered: 03/19/2019)

03/22/20 19

794 NOTICE of Joinder/Concurrence in by Adam Rosenthal JOINDER AND CONCURRENCE OF DEFENDANT ADAM ROSENTHAL IN MDEQ EMPLOYEE DEFENDANTS SUR-REPLY BRIEF SUPPORTING MOTION TO DISMISS INDIVIDUAL PLAINTIFFS AMENDED SHORTFORM COMPLAINT (Fajen, James) (Entered: 03/22/2019)

03/25/20 795 MOTION for Withdrawal of Attorney w/Certificate of Service Dennis K.

19

Egan and Courtney B. Ciullo by Stephen Busch. (Attachments: # 1 Exhibit

A) (Egan, Dennis) (Entered: 03/25/2019)

03/26/20 19

796 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 3/26/2019 at 12:00 PM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 03/26/2019)

03/26/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 3/26/2019. (SBur) (Entered: 03/26/2019)

03/26/20 797 ORDER Regarding March 26, 2019 Telephonic Status Conference to

19

Discuss Case Management Order. Signed by District Judge Judith E. Levy.

(SBur) (Entered: 03/26/2019)

04/01/20 19

798 OPINION and ORDER Granting in Part and Denying in Part Putative Class Plaintiffs' 620 Motion for Leave to file an Amended Complaint and Granting in Part and Denying in Part Defendants' Motions to Dismiss. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/01/2019)

04/01/20 799 ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL FOR

19

DEFENDANT STEPHEN BUSCH. Signed by District Judge Judith E.

Levy. (SSch) (Entered: 04/02/2019)

04/15/20 800 MEMORANDUM Joint Brief Concerning the Scope of Plaintiffs'

19

Authorizations for Release of Records by Flint, City of, Lockwood,

Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Veolia

North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Grunert, John) (Entered: 04/15/2019)

04/15/20 801 NOTICE OF APPEAL by Flint, City of re 798 Memorandum Opinion &

19

Order,. Receipt No: 0645-7197701 - Fee: $ 505 - Fee Status: Fee Paid.

(Berg, Frederick) (Entered: 04/15/2019)

04/15/20 802 Certificate of Service re 801 Notice of Appeal. (SOso) (Entered:

19

04/15/2019)

04/15/20 19

803 MOTION to Strike Allegations from Plaintiffs' Fourth Amended Complaint by Flint, City of. (Attachments: # 1 Exhibit A: Highlighted Fourth Amended Consolidated Class Complaint) (Berg, Frederick) (Entered: 04/15/2019)

04/15/20 804 ANSWER to the Fourth Consolidated Amended Class Complaint by

19

Veolia Water North America Operating Services, LLC. (Grunert, John)

(Entered: 04/15/2019)

04/15/20 805 ANSWER to the Fourth Consolidated Amended Class Complaint by

19

Veolia North America, Inc.. (Grunert, John) (Entered: 04/15/2019)

04/15/20 806 ANSWER to the Fourth Consolidated Amended Class Complaint by

19

Veolia North America, LLC. (Grunert, John) (Entered: 04/15/2019)

04/15/20 807 MOTION for Extension of Time to File Answer by Flint, City of. (Berg,

19

Frederick) (Entered: 04/15/2019)

04/15/20 808 MOTION for Extension of Time to File Answer re 798 Memorandum

19

Opinion & Order, by Andrew Dillon, RICHARD D SNYDER.

(Bettenhausen, Margaret) (Entered: 04/15/2019)

04/15/20 19

809 MOTION for Reconsideration re 798 Memorandum Opinion & Order, By Putative Class Plaintiffs' Motion for Leave to File an Amended Complaint Regarding Disparate Impact ELCRA Claim by Elnora Carthan. (Attachments: # 1 Index of Exhibits The Flint Water Crisis: Systemic Racism Through the Lens of Flint, March 2018, # 2 Exhibit 1.) (Hurwitz, Julie) (Entered: 04/15/2019)

04/16/20 19

810 STIPULATION and Order to Extend the Time for the MDEQ Employee Defendants and the MDHHS Employee Defendants to Answer the Fourth Amended Consolidated Class Action Complaint by Stephen Busch, Patrick Cook, Nancy Peeler, Michael Prysby, Robert Scott, Bradley Wurfel, Liane shekter-smith (Grashoff, Philip) (Entered: 04/16/2019)

04/17/20 811 ORDER Extending Time to Respond to Brief Addressing Issues with

19

Plaintiff Authorizations. (Response due by 4/29/2019) Signed by District

Judge Judith E. Levy. (SBur) (Entered: 04/17/2019)

04/22/20 19

812 Joint REPORT and Update Regarding Meet and Confer on Non-Party Documents-Only Subpoenas by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Campbell, James) (Entered: 04/22/2019)

04/22/20 19

813 MOTION to Amend/Correct 798 Memorandum Opinion & Order, by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Campbell, James) (Entered: 04/22/2019)

04/24/20 19

814 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 4/26/2019 at 2:00 PM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 04/24/2019)

04/25/20 19

815 ORDER Granting the State Defendants' Unopposed 808 MOTION for an Extension of Time to File an Answer and the MDEQ and ADHHS Employee Defendants' 810 Stipulation for an Extension of Time to File an Answer. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/25/2019)

04/26/20 816 ANSWER to Amended Complaint with Affirmative Defenses with Jury

19

Demand by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews &

Newman, P.C.. (Erickson, Philip) (Entered: 04/26/2019)

04/26/20 19

817 ATTORNEY APPEARANCE: Alaina N. Devine appearing on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Devine, Alaina) (Entered: 04/26/2019)

04/26/20 818 ANSWER to Amended Complaint with Affirmative Defenses with Jury

19

Demand by Leo A. Daly Company. (Erickson, Philip) (Entered:

04/26/2019)

04/26/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 4/26/2019. (SBur) (Entered: 04/26/2019)

04/26/20 819 ORDER Regarding Matters Discussed during April 26, 2019 Telephonic

19

Status Conference. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 04/26/2019)

04/29/20 19

820 MEMORANDUM re 800 Memorandum, Class Plaintiffs' Response in Opposition by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams (Novak, Paul) (Entered: 04/29/2019)

04/29/20 19

821 ANSWER to Complaint with Affirmative Defenses with Jury Demand ANSWER TO THE FOURTH CONSOLIDATED AMENDED CLASS COMPLAINT by Adam Rosenthal. (Fajen, James) (Entered: 04/29/2019)

04/29/20 19

822 RESPONSE to 803 MOTION to Strike Allegations from Plaintiffs' Fourth Amended Complaint, 807 MOTION for Extension of Time to File Answer filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, a minor child KEK, DAVID MUNOZ, Tiantha Williams. (Attachments: # 1 Exhibit Exhibit 1) (Connors, Jordan) (Entered: 04/29/2019)

04/29/20 19

823 AFFIDAVIT of Jordan Connors re 822 Response to Motion, filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, a minor child KEK, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams. (Attachments: # 1 Exhibit A) (Connors, Jordan) (Entered: 04/29/2019)

04/29/20 19

824 EXHIBIT Amended Exhibit 1 re 822 Response to Motion, by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, EPCO Sales, LLC, Frances Gilcreast, a minor child KEK, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams (Connors, Jordan) (Entered: 04/29/2019)

04/30/20 19

825 NOTICE OF APPEAL by RICHARD D SNYDER, Andrew Dillon re 798 Memorandum Opinion & Order,. Receipt No: 0645-7219387 - Fee: $ 505 - Fee Status: Fee Paid. (Bettenhausen, Margaret) (Entered: 04/30/2019)

04/30/20 826 Certificate of Service re 825 Notice of Appeal. (DWor) (Entered:

19

04/30/2019)

04/30/20 827 CASE MANAGEMENT ORDER. Signed by District Judge Judith E.

19

Levy. (SBur) (Entered: 04/30/2019)

05/01/20 828 ORDER Denying the City Defendants' 803 MOTION to Strike Allegations

19

from Plaintiffs' Fourth Amended Complaint and Granting the City

Defendants' 807 MOTION to Extend the Time to Answer. Signed by District Judge Judith E. Levy. (SBur) (Entered: 05/01/2019)

05/01/20 19

829 Submission of the LAN Defendants Regarding Agenda Items for May 15, 2019 Status Conference REPORT by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 05/01/2019)

05/01/20 19

830 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda Items for the May 15 Status Conference (Kim, William) (Entered: 05/01/2019)

05/01/20 831 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley

19

Wurfel, Daniel Wyant, Liane shekter-smith Proposed Agenda Items for

May 15 Status Conference (Barbieri, Charles) (Entered: 05/01/2019)

05/01/20 19

832 NOTICE OF APPEAL by Bradley Wurfel, Stephen Busch, Michael Prysby, Liane shekter-smith, Patrick Cook. Receipt No: 0645-7221981 Fee: $ 505 - Fee Status: Fee Paid. (Morgan, Thaddeus) (Entered: 05/01/2019)

05/01/20 833 Certificate of Service re 832 Notice of Appeal. (DWor) (Entered:

19

05/01/2019)

05/01/20 19

834 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for May 15, 2019 Status Conference (Weiner, Jessica) (Entered: 05/01/2019)

05/01/20 19

835 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC Proposed Agenda Items For The May 15, 2019 Status Conference (Devine, Alaina) (Entered: 05/01/2019)

05/01/20 836 NOTICE by SR, Michelle rodriguez, Luke waid PLAINTIFFS LIAISON

19

COUNSELS PROPOSED AGENDA FOR MAY 15, 2019 STATUS

CONFERENCE (Shkolnik, Hunter) (Entered: 05/01/2019)

05/03/20 19

837 MEMORANDUM Requesting Assignment to Separate Litigation Track or in Alternative Exemption from Court's Case Management Order by Norbert Birchmeier, City of Flint Board of Hospital Managers d/b/a Hurley Medical Center, Ann Newell (Jensen, Larry) (Entered: 05/03/2019)

05/03/20 838 SUPPLEMENTAL BRIEF re 819 Order Regarding Matters Discussed

19

During April 2, 2019 Telephonic Status Conference filed by McLaren

Healthcare Corporation. (Smith, Susan) (Entered: 05/03/2019)

05/03/20 19

839 NOTICE by SR, Michelle rodriguez, Luke waid CO-LIAISON COUNSELS NOTICE REGARDING FACTUAL ALLEGATIONS IN THE PROPOSED WALTERS FIRST AMENDED MASTER COMPLAINT AND THE FOURTH AMENDED CLASS ACTION COMPLAINT IN CARTHAN (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A - Individual Paragraphs Not in Class Allegations, # 3 Exhibit B - Class Paragraphs Not in Individual Paragraphs, # 4 Exhibit C Identical Paragraphs in Class and Master Complaints, # 5 Exhibit D Substantively Identical Paragraphs with additional Individual allegations, # 6 Exhibit E - Substantively Identical Paragraphs with additional Class allegations, # 7 Exhibit F - Substantively Identical Paragraphs) (Shkolnik, Hunter) (Entered: 05/03/2019)

05/06/20 19

840 RESPONSE to 813 MOTION to Amend/Correct 798 Memorandum Opinion & Order, Class Plaintiffs' Response to Veolia's Motion to Correct the Court's April 1, 2019 Opinion and Order filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Michael Snyder(consolidated from 16-14498), Tiantha Williams. (Levens, Emmy) (Entered: 05/06/2019)

05/07/20 841 NOTICE by Veolia North America, Inc., Veolia North America, LLC,

19

Veolia Water North America Operating Services, LLC Proposed Revisions

to Plaintiff Fact Sheets (Devine, Alaina) (Entered: 05/07/2019)

05/07/20 842 NOTICE by SR, Michelle rodriguez, Luke waid PLAINTIFFS CO-

19

LIAISON COUNSELS NOTICE REGARDING PLAINTIFF FACT

SHEETS (Shkolnik, Hunter) (Entered: 05/07/2019)

05/08/20 843 AGENDA for May 15, 2019 Status Conference. Signed by District Judge

19

Judith E. Levy. (SBur) (Entered: 05/08/2019)

05/10/20 19

844 NOTICE by Flint, City of re 837 Memorandum, Response to Hurley Defendants' Memorandum Requesting Assignment to Separate Litigation Track or in Alternative Exemption from Court's Case Management Order (Klein, Sheldon)[DOCKET ERROR - WRONG EVENT USED DOCUMENT IS TITLED RESPONSE] Modified on 5/10/2019 (NAhm). (Entered: 05/10/2019)

05/10/20 845 NOTICE by Flint, City of re 838 Supplemental Brief Response to

19

Defendant McLaren's Brief Requesting Partial Exemption from Case

Management Order (Klein, Sheldon) )[DOCKET ERROR - WRONG

EVENT USED - DOCUMENT IS TITLED RESPONSE] Modified on 5/10/2019 (NAhm). (Entered: 05/10/2019)

05/10/20 19

846 MEMORANDUM re 838 Supplemental Brief, 837 Memorandum, Response of LAN Defendants to Requests by Hurley Defendants to be Exempted from Case Management Order by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Attachments: # 1 Exhibit A - List of Legionella Cases, # 2 Exhibit Genesee Order Following February 5, 2019 Status Conference, # 3 Exhibit C - McLaren Objection, # 4 Exhibit D - Register of Action, # 5 Exhibit E Perdue Complaint, # 6 Exhibit F - McLaren Answer to Perdue Complaint, # 7 Exhibit G - McLaren Notice Non-Party Fault, # 8 Exhibit H - McLaren Request for Admissions, # 9 Exhibit I - Genesee Circuit Discovery Coordination Protocol Order) (Erickson, Philip) (Entered: 05/10/2019)

05/10/20 847 Joint MOTION to Stay Proceedings by Gerald Ambrose, Howard Croft,

19

Darnell Earley. (Rusek, Alexander) (Entered: 05/10/2019)

05/10/20 19

848 MEMORANDUM re 838 Supplemental Brief, 837 Memorandum, VNA Defendants Response to McLaren and Hurley Federal CMO Exemption by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Attachments: # 1 Exhibit Exhibit A -McLaren's Notice of Non-Party At Fault) (Devine, Alaina) (Entered: 05/10/2019)

05/10/20 19

849 MEMORANDUM re 819 Order Response to McLaren Regional Medical Center's Brief Requesting Partial Exemption From Case Management Order (ECF No. 838) and Hurley Medical Center's Brief Requesting a Separate Litigation Track (ECF No. 837) by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Michael Snyder(consolidated from 16-14498), Tiantha Williams (Levens, Emmy) (Entered: 05/10/2019)

05/10/20 850 MEMORANDUM re 838 Supplemental Brief, 837 Memorandum, by

19

Cholyanda Brown (Weglarz, Todd) (Entered: 05/10/2019)

05/13/20 851 NOTICE of Joinder/Concurrence in 847 Joint MOTION to

19

Stay Proceedings filed by Howard Croft, Darnell Earley, Gerald Ambrose

by Daugherty Johnson (Zeineh, Edwar) (Entered: 05/13/2019)

05/13/20 852 NOTICE of Change of Address/Contact Information by Esther Berezofsky

19

on behalf of All Plaintiffs. (Berezofsky, Esther) (Entered: 05/13/2019)

05/14/20 853 NOTICE OF APPEAL by Adam Rosenthal. Receipt No: 0645-7237862 -

19

Fee: $ 505 - Fee Status: Fee Paid. (Fajen, James) (Entered: 05/14/2019)

05/14/20 854 ATTORNEY APPEARANCE: Kailen C. Piper appearing on behalf of

19

Michael Glasgow (Piper, Kailen) (Entered: 05/14/2019)

05/15/20 855 Certificate of Service re 853 Notice of Appeal. (DWor) (Entered:

19

05/15/2019)

05/15/20 856 ATTORNEY APPEARANCE: Stephen Frederick Monroe appearing on

19

behalf of Lawrence Washington, Jr. (Monroe, Stephen) (Entered:

05/15/2019)

05/15/20 857 ORDER Granting Veolia's 813 Motion to Amend the Court's April 1, 2019

19

Opinion and Order. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 05/15/2019)

05/15/20 19

858 ANSWER to Fourth Consolidated Amended Class Complaint for Injunctive and Declaratory Relief, Money Damages, and Jury Demand, and Affirmative Defenses by Flint, City of. (Klein, Sheldon) (Entered: 05/15/2019)

05/15/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 5/15/2019. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 05/15/2019)

05/17/20 859 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference

19

set for 5/22/2019 at 11:00 AM before District Judge Judith E.

Levy. (SBur) (Entered: 05/17/2019)

05/17/20 19

860 ORDER Regarding Matters Discussed at the May 15, 2019 Status Conference. (In-Person Status Conference set for 6/19/2019 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1. Signed by District Judge Judith E. Levy. (SBur) (Entered: 05/17/2019)

05/20/20 19

861 ORDER Granting in Part and Denying in Part the State Defendants' 685 Motion for a Stay of Discovery and the MDEQ Defendants' 693 Motion for a Stay of Discovery. Signed by District Judge Judith E. Levy. (SBur) (Entered: 05/20/2019)

05/21/20 19

TEXT-ONLY NOTICE: Telephonic Status Conference on May 22, 2019 is Cancelled. (SBur) (Entered: 05/21/2019)

05/22/20 19

862 NOTICE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC Revised Plaintiff Fact Sheet (Attachments: # 1 Exhibit Revised Plaintiff Fact Sheet) (Campbell, James) (Entered: 05/22/2019)

05/23/20 863 STIPULATION re 847 Joint MOTION to Stay Proceedings by Veolia

19

North America, Inc., Veolia North America, LLC, Veolia Water North

America Operating Services, LLC (Campbell, James) (Entered: 05/23/2019)

05/24/20 19

864 RESPONSE to 847 Joint MOTION to Stay Proceedings PLAINTIFFS OPPOSITION TO INDIVIDUAL CITY DEFENDANTS JOINT MOTION TO STAY PROCEEDINGS filed by All Plaintiffs. (Connors, Jordan) (Entered: 05/24/2019)

05/29/20 19

865 TRANSCRIPT of Status Conference held on 3/12/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 41) (Appeal Purposes) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/19/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/27/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 05/29/2019)

05/29/20 866 RESPONSE to Class Plaintiffs' Response to Order Regarding Emotional

19

Distress-Related Claims filed by All Plaintiffs. (Berezofsky, Esther)

(Entered: 05/29/2019)

05/29/20 19

867 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 16-14498), Tiantha Williams re 860 Order,, Set Deadlines/Hearings, Class Plaintiffs' Notice Regarding Timeline for Revised Class Definitions (Novak, Paul) (Entered: 05/29/2019)

05/31/20 868 ORDER Extending Time to Seek Concurrence. Signed by District Judge

19

Judith E. Levy. (SBur) (Entered: 05/31/2019)

05/31/20 869 RESPONSE to 847 Joint MOTION to Stay Proceedings filed by Veolia

19

North America, Inc., Veolia North America, LLC, Veolia Water North

America Operating Services, LLC. (Devine, Alaina) (Entered: 05/31/2019)

05/31/20 19

870 REPLY to Response re 847 Joint MOTION to Stay Proceedings filed by Gerald Ambrose, Howard Croft, Darnell Earley. (Attachments: # 1 Exhibit Criminal Complaint and Notices of Intent to Seek Bindover, # 2 Exhibit Excerpts of Criminal Complaint and 4th CACC) (Rusek, Alexander) (Entered: 05/31/2019)

06/05/20 871 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER of State

19

Defendants' Proposed Agenda Item for the June 19, 2019 Status

Conference (Bettenhausen, Margaret) (Entered: 06/05/2019)

06/05/20 19

872 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith of MDEQ Defendants' Proposed Agenda Items for June 19, 2019 Status Conference (Jackson, Krista) (Entered: 06/05/2019)

06/05/20 873 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of,

19

Michael Glasgow, Daugherty Johnson, Dayne Walling (Kim, William)

(Entered: 06/05/2019)

06/05/20 19

874 NOTICE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC PROPOSED AGENDA ITEMS FOR THE JUNE 19, 2019 STATUS CONFERENCE (Devine, Alaina) (Entered: 06/05/2019)

06/05/20 19

875 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for June 19, 2019 Status Conference (Weiner, Jessica) (Entered: 06/05/2019)

06/06/20 876 NOTICE by SR, Michelle rodriguez, Luke waid PLAINTIFFS LIAISON

19

COUNSELS PROPOSED AGENDA ITEMS FOR JUNE 19, 2019 STATUS

CONFERENCE (Shkolnik, Hunter) (Entered: 06/06/2019)

06/07/20 877 NOTICE of Appearance by Michael J. Quirk on behalf of All Plaintiffs.

19

(Quirk, Michael) (Entered: 06/07/2019)

06/07/20 19

878 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Marilyn Bryson, Elnora Carthan, Barbara Davis, Darrell Davis, EPCO Sales, LLC, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams re 867 Notice (Other), 860 Order,, Set Deadlines/Hearings, Class Plaintiffs' Notice Regarding Deadline for Proposal of Revised Class Definitions (Novak, Paul) (Entered: 06/07/2019)

06/11/20 879 AGENDA for June 19, 2019 Status Conference. Signed by District Judge

19

Judith E. Levy. (SBur) (Entered: 06/11/2019)

06/11/20 880 ORDER Denying Putative Class Plaintiffs' 809 Motion for Reconsideration

19

of the Court's April 1, 2019 Decision. Signed by District Judge Judith E.

Levy. (SBur) (Entered: 06/11/2019)

06/11/20 881 NOTICE by Marilyn Bryson Regarding Termination of Status as Named

19

Class Representative for Marilyn Bryson (Washington, Valdemar)

(Entered: 06/11/2019)

06/11/20 882 NOTICE by EPCO Sales, LLC Regarding Termination of Status as Named

19

Class Representative for Epco Sales LLC (Washington, Valdemar)

(Entered: 06/11/2019)

06/11/20 19

883 CERTIFICATE OF SERVICE re 882 Notice (Other), 881 Notice (Other) by Marilyn Bryson Notice of Termination of Status as Named Class Representatives for Marilyn Bryson and Epco Sales, LLC (Washington, Valdemar) (Entered: 06/11/2019)

06/11/20 19

884 RESPONSE to 878 Notice (Other), RESPONSE TO CLASS PLAINTIFFS' NOTICE REGARDING DEADLINE FOR PROPOSAL OF CLASS DEFINITIONS by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 06/11/2019)

06/11/20 19

885 NOTICE of Joinder/Concurrence in 884 Response (Free), filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. by Flint, City of (Berg, Frederick) (Entered: 06/11/2019)

06/12/20 19

886 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC of withdrawal of 275 MOTION to Strike the Proposed Classes NOTICE OF WITHDRAWAL OF MOTION TO STRIKE THE PROPOSED CLASSES (DKT. NO. 275). (Devine, Alaina) (Entered: 06/12/2019)

06/13/20 19

887 TRANSCRIPT of Status Conference held on 5/15/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 76) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/8/2019. Redacted Transcript Deadline set for 7/15/2019. Release of Transcript Restriction set for 9/11/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 06/13/2019)

06/19/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 6/19/2019. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 06/19/2019)

06/20/20 888 FIRST AMENDED ORDER Regarding Non-Party Documents-Only

19

Subpoenas. Signed by District Judge Judith E. Levy. (SBur) (Entered:

06/20/2019)

06/21/20 889 FIRST AMENDED CASE MANAGEMENT ORDER. Signed by District

19

Judge Judith E. Levy. (SBur) (Entered: 06/21/2019)

06/21/20 19

890 ORDER Regarding Matters Discussed at the June 19, 2019 Status Conference. (In-Person Status Conference set for 8/7/2019 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1. Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/21/2019)

06/24/20 891 ATTORNEY APPEARANCE: Christopher A. Stritmatter appearing on

19

behalf of Edward Kurtz (Stritmatter, Christopher) (Entered: 06/24/2019)

06/25/20 892 NOTICE of Appearance by T. Santino Mateo on behalf of Darnell Earley.

19

(Mateo, T.) (Entered: 06/25/2019)

06/26/20 893 STIPULATION AND ORDER Regarding Termination of Status as Named

19

Class Representatives of Plaintiffs Marilyn Bryson and EPCO Sales, LLC.

Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/26/2019)

06/28/20 19

894 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 7/8/2019 at 2:15 PM before District Judge Judith E. Levy. Please use the following call-in information 888.363.4734; Access Code: 2541474 (SBur) (Entered: 06/28/2019)

07/08/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 7/8/2019. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/08/2019)

07/09/20 19

895 MOTION To be permitted to withdraw as counsel for Hazim Gulla and other plaintiffs and as local sponsoring counsel for WCB, attorneys Esther Berezofsky, Mark Cuker, Sarah Hansel, and William Quirk by Valdemar Luther Washington, PLLC. (Washington, Valdemar) (Entered: 07/09/2019)

07/11/20 19

896 NOTICE by Valdemar Luther Washington, PLLC of withdrawal of 895 MOTION To be permitted to withdraw as counsel for Hazim Gulla and other plaintiffs and as local sponsoring counsel for WCB, attorneys Esther Berezofsky, Mark Cuker, Sarah Hansel, and William Quirk . (Washington, Valdemar) (Entered: 07/11/2019)

07/11/20 897 NOTICE of Withdrawal of Attorney Valdemar L. Washington for on

19

behalf of Valdemar Luther Washington, PLLC. (Washington, Valdemar)

(Entered: 07/11/2019)

07/12/20 19

898 TRANSCRIPT of Status Conference held on 6/19/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 64) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/2/2019. Redacted Transcript Deadline set for 8/12/2019. Release of Transcript Restriction set for 10/10/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 07/12/2019)

07/12/20 899 NOTICE of Non-Party Fault by Veolia North America Operating Services,

19

LLC, Veolia North America, Inc., Veolia North America, LLC (Devine,

Alaina) (Entered: 07/12/2019)

07/16/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 7/16/2019. (SBur) (Entered: 07/17/2019)

07/17/20 901 ORDER Regarding Matters Discussed during the July 16, 2019 Telephonic

19

Status Conference. Signed by District Judge Judith E. Levy. (SBur)

(Entered: 07/17/2019)

07/19/20 902 NOTICE of Appearance by Katherine M. Peaslee on behalf of All

19

Plaintiffs. (Peaslee, Katherine) (Entered: 07/19/2019)

07/24/20 19

903 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, Liane shekter-smith MDEQ Defendants' Proposed Agenda Items for August 7, 2019 Status Conference (Jackson, Krista) (Entered: 07/24/2019)

07/24/20 904 NOTICE by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc.,

19

Lockwood, Andrews & Newman, P.C. In Re FWC - Propposed Agenda

Items (Erickson, Philip) (Entered: 07/24/2019)

07/24/20 19

905 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda Items for the August 7 Status Conference (Kim, William) (Entered: 07/24/2019)

07/24/20 19

906 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for August 7, 2019 Status Conference (Weiner, Jessica) (Entered: 07/24/2019)

07/24/20 19

907 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC PROPOSED AGENDA ITEMS FOR THE AUGUST 7, 2019 STATUS CONFERENCE (Devine, Alaina) (Entered: 07/24/2019)

07/24/20 908 NOTICE by SR, Michelle rodriguez, Luke waid Individual Co-Liaison

19

Counsel's Notice of Agenda Items for August 7, 2019 Status

Conference (Shkolnik, Hunter) (Entered: 07/24/2019)

07/29/20 19

909 MOTION to Appoint Counsel - Class Plaintiffs' Motion to Appoint Interim Subclass Settlement Counsel by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Declaration of Professor Steven P. Croley, # 3 Exhibit B - Declaration of Professor Kimberly A. Thomas, # 4 Exhibit C - Declaration of Professor Joshua P. Davis, # 5 Exhibit D Declaration of Professor Mable Martin-Scott, # 6 Exhibit E - Declaration of Professor Myriam Gilles) (Levens, Emmy) (Entered: 07/29/2019)

07/30/20 910 MOTION for Withdrawal of Attorney John A.K. Grunert by Veolia North

19

America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Grunert, John) (Entered: 07/30/2019)

07/31/20 911 AGENDA for August 7, 2019 Status Conference. Signed by District Judge

19

Judith E. Levy. (SBur) (Entered: 07/31/2019)

07/31/20 912 ORDER Denying 909 Motion to Appoint Interim Subclass Settlement

19

Counsel. Signed by District Judge Judith E. Levy. (SBur) (Entered:

07/31/2019)

07/31/20 19

913 TRANSCRIPT of Teleconference held on 7/8/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 20) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/21/2019. Redacted Transcript Deadline set for 9/3/2019. Release of Transcript Restriction set for 10/29/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 07/31/2019)

08/02/20 19

914 MOTION to Strike 620 MOTION for Leave to File Amended Complaint MOTION OF DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC. AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC TO STRIKE THE PROPOSED

CLASSES by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Campbell, James) (Entered: 08/02/2019)

08/02/20 19

915 NOTICE of Joinder/Concurrence in 914 MOTION to Strike 620 MOTION for Leave to File Amended Complaint MOTION OF DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC. AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC TO STRIKE THE PROPOSED CLASSES filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 08/02/2019)

08/05/20 916 ORDER granting 910 Motion to withdraw appearance. Signed by District

19

Judge Judith E. Levy. (DPer) (Entered: 08/05/2019)

08/07/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 8/7/2019. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 08/07/2019)

08/09/20 19

917 NOTICE of Joinder/Concurrence in 914 MOTION to Strike 620 MOTION for Leave to File Amended Complaint MOTION OF DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC. AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC TO STRIKE THE PROPOSED CLASSES filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Liane shekter-smith (Pattwell, Michael) (Entered: 08/09/2019)

08/12/20 918 ORDER Regarding Matters Discussed at the August 7, 2019 Status

19

Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered:

08/12/2019)

08/12/20 919 NOTICE TO APPEAR: In-Person Status Conference set for 9/25/2019

19

at 2:00 PM before District Judge Judith E. Levy - in Courtroom 1.

(SBur) (Entered: 08/12/2019)

08/14/20 920 MOTION for Withdrawal of Attorney David Meyers by Daugherty

19

Johnson. (Meyers, David.) (Entered: 08/14/2019)

08/15/20 921 MOTION for Withdrawal of Attorney David Meyers by Daugherty

19

Johnson. (Attachments: # 1 Exhibit Order) (Meyers, David.) (Entered:

08/15/2019)

08/15/20 19

922 Renewed MOTION to Appoint Counsel CLASS PLAINTIFFS' RENEWED MOTION TO APPOINT INTERIM SUBCLASS SETTLEMENT COUNSEL by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 -Leopold Decl, # 3 Exhibit 2 - Colfax Decl, # 4 Exhibit 3 - Lesser Decl, # 5 Exhibit 4 - London Decl, # 6 Exhibit 5 - Reich Decl, # 7 Exhibit 6 Ward Decl) (Peaslee, Katherine) (Entered: 08/15/2019)

08/19/20 923 ORDER Regarding Class Plaintiffs' 922 Motion to Appoint Interim

19

Subclass Settlement Counsel and Clarifying Briefing Schedule. Signed by

District Judge Judith E. Levy. (SBur) (Entered: 08/19/2019)

08/21/20 924 ORDER granting 920 Motion to Withdraw as Attorney. ;

19

granting 921 Motion to Withdraw as Attorney.. Signed by District Judge

Judith E. Levy. (SSch) (Entered: 08/21/2019)

08/23/20 19

925 RESPONSE to 922 Renewed MOTION to Appoint Counsel CLASS PLAINTIFFS' RENEWED MOTION TO APPOINT INTERIM SUBCLASS SETTLEMENT COUNSEL filed by Flint, City of. (Klein, Sheldon) (Entered: 08/23/2019)

08/23/20 926 NOTICE of Joinder/Concurrence in 925 Response to Motion filed by Flint,

19

City of by Howard Croft (Rusek, Alexander) (Entered: 08/23/2019)

08/23/20 19

927 RESPONSE to 922 Renewed MOTION to Appoint Counsel CLASS PLAINTIFFS' RENEWED MOTION TO APPOINT INTERIM SUBCLASS SETTLEMENT COUNSEL by Co-Liaison Counsel for the Individual Plaintiffs filed by SR, Michelle rodriguez, Luke waid. (Shkolnik, Hunter) (Entered: 08/23/2019)

08/23/20 19

928 SUPPLEMENTAL BRIEF re 922 Renewed MOTION to Appoint Counsel CLASS PLAINTIFFS' RENEWED MOTION TO APPOINT INTERIM SUBCLASS SETTLEMENT COUNSEL filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Declaration of Larry E. Coben) (Levens, Emmy) (Entered: 08/23/2019)

08/26/20 19

929 ORDER Granting Class Plaintiffs' Renewed 922 Motion in Part and Amending the Court's 234 Order Delineating Duties of Interim Co-Lead Class Counsel to Authorize Participation of Interim Settlement Counsel. Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/26/2019)

08/27/20 19

930 NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 9/4/2019 at 2:00 PM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 08/27/2019)

08/28/20 931 ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number

19

19-1533] (DWor) (Entered: 08/28/2019)

08/28/20 19

932 TRANSCRIPT of Status Conference held on 08/07/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 37) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/18/2019. Redacted Transcript Deadline set for 9/30/2019. Release of Transcript Restriction set for 11/26/2019. 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, the transcript is publicly available. (Eddington, J) (Entered: 08/28/2019)

08/28/20 19

933 STIPULATION to Extend TIme for LAN Defendants to File Their Master Answer to Plaintiffs' Long Form COmplaint and Short Form Answers to Plaintiffs' Master Short Form Complaints in Both Walters and Sirls Cases by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 08/28/2019)

09/03/20 19

934 STIPULATION TO EXTEND TIME FOR THE VNA DEFENDANTS TO FILE THEIR MASTER ANSWER TO THE PLAINTIFFS' AMENDED LONG FORM COMPLAINT AND SHORT FORM ANSWERS TO THE SHORT FORM COMPLAINTS IN WALTERS AND SIRLS by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Devine, Alaina) (Entered: 09/03/2019)

09/03/20 19

935 RESPONSE to 914 MOTION to Strike 620 MOTION for Leave to File Amended Complaint MOTION OF DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC. AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC TO STRIKE THE PROPOSED CLASSES filed by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Levens, Emmy) (Entered: 09/03/2019)

09/04/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 9/4/2019. (SBur) (Entered: 09/04/2019)

09/04/20 936 NOTICE of Withdrawal of Attorney Karen E. Beach for on behalf of Leo

19

A Daly Corp., Leo A. Daly Company. (Attachments: # 1 Exhibit A -

Proposed Order) (Beach, Karen) (Entered: 09/04/2019)

09/05/20 19

937 AMENDED ORDER Granting Class Plaintiffs' Renewed 922 Motion in Part and Amending the Court's 234 Order Delineating Duties of Interim Co-Lead Class Counsel to Authorize Participation of Interim Settlement Counsel. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/05/2019)

09/06/20 938 ORDER Regarding Discovery Issues Addressed during September 4, 2019

19

Telephonic Status Conference. Signed by District Judge Judith E. Levy.

(SBur) (Entered: 09/06/2019)

09/10/20 19

939 REPLY to Response re 914 MOTION to Strike 620 MOTION for Leave to File Amended Complaint MOTION OF DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC. AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC TO STRIKE THE PROPOSED CLASSES filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 09/10/2019)

09/11/20 940 ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number

19

19-1533] (DWor) (Entered: 09/11/2019)

09/11/20 19

941 MOTION for Withdrawal of Attorney Karen E. Beach by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A - Proposed Order) (Beach, Karen) (Entered: 09/11/2019)

09/11/20 19

942 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda Items for the September 25 Status Conference (Kim, William) (Entered: 09/11/2019)

09/11/20 943 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley

19

Wurfel, Daniel Wyant, Liane shekter-smith of Proposed Agenda

Items (Barbieri, Charles) (Entered: 09/11/2019)

09/11/20 19

944 NOTICE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC PROPOSED AGENDA ITEMS FOR THE SEPTEMBER 25, 2019 STATUS CONFERENCE (Devine, Alaina) (Entered: 09/11/2019)

09/11/20 945 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber

19

Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast,

Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-

10996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for September 25, 2019 Status Conference (Weiner, Jessica) (Entered: 09/11/2019)

09/11/20 946 NOTICE by SR, Michelle rodriguez, Luke waid Co-Liaison Counsel's

19

Proposed Agenda Items for the September 25, 2019 Status

Conference (Shkolnik, Hunter) (Entered: 09/11/2019)

09/13/20 19

947 AGENDA and NOTICE for Telephonic Status Conference. (TELEPHONIC Status Conference set for 9/18/2019 at 2:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (DPar) (Entered: 09/13/2019)

09/16/20 948 ORDER granting 941 Motion to Withdraw as Attorney.. Signed by District

19

Judge Judith E. Levy. (NAhm) (Entered: 09/16/2019)

09/16/20 19

949 SPECIAL MASTER REPORT (Second Interim Report of the Special Master Regarding Data Compilation Based on Responses to the Amended Order Regarding Collection of Data) by Deborah E. Greenspan (Greenspan, Deborah) (Entered: 09/16/2019)

09/17/20 19

950 ORDER from U.S. Court of Appeals - Sixth Circuit re 801 Notice of Appeal filed by Flint, City of, 853 Notice of Appeal filed by Adam Rosenthal, 832 Notice of Appeal filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook, 825 Notice of Appeal filed by Andrew Dillon, RICHARD D SNYDER [Appeal Case Number 19-1425/19-1472/19-1477/19-1533] (DWor) (Entered: 09/17/2019)

09/17/20 951 NOTICE of Appearance by Christopher A. Stritmatter on behalf of Edward

19

Kurtz. (Stritmatter, Christopher) (Entered: 09/17/2019)

09/18/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 9/18/2019. (SBur) (Entered: 09/18/2019)

09/18/20 952 AGENDA for September 25, 2019 Status Conference. Signed by District

19

Judge Judith E. Levy. (SBur) (Entered: 09/18/2019)

09/18/20 953 ORDER Regarding Briefing Schedule. Signed by District Judge Judith E.

19

Levy. (SBur) (Entered: 09/18/2019)

09/24/20 19

954 STIPULATION by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC (Erickson, Philip) (Entered: 09/24/2019)

09/24/20 19

TEXT-ONLY ORDER Granting 954 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/24/2019)

09/25/20 955 ATTORNEY APPEARANCE: Danielle Lynn Dezbor appearing on behalf

19

of Cholyanda Brown (Dezbor, Danielle) (Entered: 09/25/2019)

09/25/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 9/25/2019. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 09/25/2019)

09/27/20 19

956 ORDER Regarding Matters Discussed at the September 25, 2019 Status Conference. (In-Person Status Conference set for 11/6/2019 at 2:00 PM before District Judge Judith E. Levy) - in Courtroom 1. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/27/2019)

09/27/20 19

957 Joint MOTION for Protective Order by Gerald Ambrose, Howard Croft, Darnell Earley. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Criminal Complaint, # 3 Exhibit B - Notices of Intent to Seek Bindover, # 4 Exhibit C - January 15, 2019 Press Release, # 5 Exhibit D Motions/Orders of Nolle Prosequi, # 6 Exhibit E - June 13, 2019 Press Release) (Rusek, Alexander) (Entered: 09/27/2019)

10/03/20 958 AGENDA and NOTICE for Telephonic Status Conference to be Held on

19

October 9, 2019. Telephonic Status Conference set for 10/9/2019 at 2:00

PM before District Judge Judith E. Levy. (SBur) (Entered: 10/03/2019)

10/04/20 959 MOTION for Withdrawal of Attorney Jessica H. Meeder by Beatrice

19

Boler. (Attachments: # 1 Exhibit Proposed Order) (Meeder, Jessica)

(Entered: 10/04/2019)

10/07/20 960 ORDER granting 959 Motion to Withdraw as Attorney.. Signed by District

19

Judge Judith E. Levy. (NAhm) (Entered: 10/07/2019)

10/08/20 19

TEXT-ONLY NOTICE: Telephonic Status Conference on October 9, 2019 is Cancelled. (SBur) (Entered: 10/08/2019)

10/08/20 19

961 TRANSCRIPT of Status Conference held on 9/25/2019. (Court Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 45) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/29/2019. Redacted Transcript Deadline set for 11/8/2019. Release of Transcript Restriction set for 1/6/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 10/08/2019)

10/09/20 962 MOTION Extension of Time to File Brief Relating to Amended Short

19

Form Complaints re 956 Order,, Set Deadlines/Hearings, by Liane shekter-

smith. (Morgan, Thaddeus) (Entered: 10/09/2019)

10/10/20 19

TEXT-ONLY ORDER Granting 962 MOTION Extension of Time to File Brief. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/10/2019)

10/11/20 19

963 RESPONSE to 957 Joint MOTION for Protective Order filed by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Attachments: # 1 Exhibit A - Veolia Notice Non-Party Fault) (Erickson, Philip) (Entered: 10/11/2019)

10/11/20 19

964 RESPONSE to 957 Joint MOTION for Protective Order RESPONSE OF DEFENDANTS VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC., AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC TO THE INDIVIDUAL CITY DEFENDANTS' JOINT MOTION FOR A PROTECTIVE ORDER AND PETITION FOR RELIEF UNDER THE FIRST AMENDED CASE MANAGEMENT ORDER filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Campbell, James) (Entered: 10/11/2019)

10/16/20 965 MOTION to Enforce the Court's Order Regarding Application of Short

19

Form Complaints Following Walters and Sirls by Liane shekter-smith.

(Morgan, Thaddeus) (Entered: 10/16/2019)

10/17/20 966 AGENDA AND NOTICE FOR TELEPHONIC STATUS

19

CONFERENCE: Status Conference set for 10/23/2019 03:00 PM before

District Judge Judith E. Levy (WBar) (Entered: 10/17/2019)

10/18/20 19

967 NOTICE of Appearance by Bryan David McElvaine on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (McElvaine, Bryan) (Entered: 10/18/2019)

10/18/20 19

968 NOTICE of Appearance by Christopher Davidson Fletcher on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Fletcher, Christopher) (Entered: 10/18/2019)

10/18/20 969 NOTICE of Appearance by John Joseph O'Donnell on behalf of Veolia

19

North America Operating Services, LLC, Veolia North America, Inc.,

Veolia North America, LLC. (O'Donnell, John) (Entered: 10/18/2019)

10/18/20 970 REPLY to Response re 957 Joint MOTION for Protective Order filed by

19

Gerald Ambrose, Howard Croft, Darnell Earley. (Rusek, Alexander)

(Entered: 10/18/2019)

10/23/20 971 NOTICE of Appearance by John R. Penhallegon on behalf of Veolia North

19

America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Penhallegon, John) (Entered: 10/23/2019)

10/23/20 972 NOTICE by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews

19

& Newman, P.C. Proposed Agenda Items for November 6, 2019 Status

Conference (Erickson, Philip) (Entered: 10/23/2019)

10/23/20 19

973 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling of Proposed Agenda Items for the Nov 6 Status Conference (Kim, William) (Entered: 10/23/2019)

10/23/20 19

974 NOTICE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC's, VEOLIA NORTH AMERICA, INC.'s and VEOLIA NORTH AMERICA LLC'S PROPOSED AGENDA ITEMS FOR THE NOVEMBER 6, 2019 STATUS CONFERENCE (Devine, Alaina) (Entered: 10/23/2019)

10/23/20 975 NOTICE by SR, Michelle rodriguez, Luke waid Co-Liaison Counsel's

19

Proposed Agenda Items for the November 6, 2019 Status

Conference (Shkolnik, Hunter) (Entered: 10/23/2019)

10/23/20 19

976 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for November 6, 2019 Status Conference (Levens, Emmy) (Entered: 10/23/2019)

10/23/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 10/23/2019. (Court Reporter: None Present, Not on the Record) (MacKay, K) (Entered: 10/24/2019)

10/25/20 977 NOTICE of Appearance by Kristin Michele Dupre on behalf of Veolia

19

North America Operating Services, LLC, Veolia North America, Inc.,

Veolia North America, LLC. (Dupre, Kristin) (Entered: 10/25/2019)

10/28/20 19

978 OBJECTION to Proposed Second Amended Case Management Order by Andrew Dillon, RICHARD D SNYDER. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Complaint in People v Veolia, # 3 Exhibit 2 October 9, 2019 Email Regarding Proposed Deposition Protocol Order,

# 4 Exhibit 3 - October 22, 2019 Email Regarding Second Amended Case Management Order) (Kuhl, Richard) (Entered: 10/28/2019)

10/29/20 979 NOTICE of Appearance by David M. Rogers on behalf of Veolia North

19

America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Rogers, David) (Entered: 10/29/2019)

10/29/20 980 ORDER regarding discovery issues addressed during October 23, 2019

19

telephonic hearing. Signed by District Judge Judith E. Levy. (Attachment:

# 1 Exhibit A: Search Terms) (WBar) (Entered: 10/29/2019)

10/30/20 981 NOTICE of Appearance by Richard P. Campbell on behalf of Veolia North

19

America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Campbell, Richard) (Entered: 10/30/2019)

10/30/20 19

982 NOTICE of Appearance by Alison Sarah Deich on behalf of ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Deich, Alison) (Entered: 10/30/2019)

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983 AGENDA FOR THE NOVEMBER 6, 2019 STATUS CONFERENCE; and Scheduling of Next Status Conference for 12/10/2019 02:00 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 10/30/2019)

11/01/20 984 ORDER REGARDING DISCOVERY ISSUE ADDRESSED DURING

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OCTOBER 23, 2019 TELEPHONIC HEARING. Signed by District Judge

Judith E. Levy. (WBar) (Entered: 11/01/2019)

11/04/20 985 NOTICE of Appearance by William J. Kliffel on behalf of Flint, City of.

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(Kliffel, William) (Entered: 11/04/2019)

11/05/20 986 NOTICE of Appearance by Jovan Rachael David on behalf of Flint, City

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of. (David, Jovan) (Entered: 11/05/2019)

11/05/20 19

987 MOTION for Protective Order Limiting Public Access to the Depositions of Class Representatives by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit Proposed Order) (Berezofsky, Esther) (Entered: 11/05/2019)

11/06/20 19

988 RESPONSE to 987 MOTION for Protective Order Limiting Public Access to the Depositions of Class Representatives filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Campbell, James) (Entered: 11/06/2019)

11/06/20 989 ATTORNEY APPEARANCE: Stephen Frederick Monroe appearing on

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behalf of Lawrence Washington, Jr. James R. Mason (Monroe, Stephen)

(Entered: 11/06/2019)

11/06/20 990 NOTICE of Appearance by Andreas Ringstad on behalf of Veolia North

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America, Inc., Veolia North America, LLC, Veolia Water North America

Operating Services, LLC. (Ringstad, Andreas) (Entered: 11/06/2019)

11/06/20 19

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/6/2019 (Court Reporter: Jeseca Eddington) (WBar) (Entered: 11/07/2019)

11/07/20 19

991 ORDER REGARDING MATTERS DISCUSSED AT THE NOVEMBER 6, 2019 STATUS CONFERENCE; denying 914 Motion to Strike; denying 965 Motion to Enforce. Signed by District Judge Judith E. Levy. (WBar) (Entered: 11/07/2019)

11/07/20 19

Set Deadlines/Hearings: IN-PERSON Status Conference set for 12/10/2019 02:00 PM in Courtroom no.1, before District Judge Judith E. Levy (WBar) (Entered: 11/07/2019)

11/07/20 992 ORDER AND OPINION granting in part and denying in part 957 Motion

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for Protective Order. Signed by District Judge Judith E. Levy. (WBar)

(Entered: 11/07/2019)

11/11/20 993 NOTICE of Appearance by Peter D. Cronk on behalf of Leo A. Daly

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Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews &

Newman, P.C.. (Cronk, Peter) (Entered: 11/11/2019)

11/12/20 994 NOTICE of Appearance by Saulius K. Mikalonis on behalf of Leo A. Daly

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Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews &

Newnam, P.C.. (Mikalonis, Saulius) (Entered: 11/12/2019)

11/14/20 995 NOTICE of Appearance by Donald H. Dawson, Jr on behalf of Cholyanda

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Brown, Gradine Rogers. (Dawson, Donald) (Entered: 11/14/2019)

11/14/20 996 AGENDA AND NOTICE TO APPEAR BY TELEPHONE: Status

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Conference set for 11/20/2019 03:00 PM before District Judge Judith

E. Levy (WBar) (Entered: 11/14/2019)

11/15/20 19

997 MOTION for Costs Reimbursement for Documents Produced by Karegnondi Water Authority. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Subpoena to KWA, # 3 Exhibit 2-1/23/19 Email Correspondence, # 4 Exhibit 3-2/28/19 Objections, # 5 Exhibit 4-3/19/19 Email Correspondence, # 6 Exhibit 5-3/19/19 Email Correspondence, # 7 Exhibit 6-Phase I Correspondence, # 8 Exhibit 7-Phase II

Correspondence, # 9 Exhibit 8-Phase III Correspondence, # 10 Exhibit 9Invoices) (Wise, Matthew) (Entered: 11/15/2019)

11/16/20 19

998 SECOND AMENDED CASE MANAGEMENT ORDER. Signed by District Judge Judith E. Levy. (Attachments: # 1 Exhibit A: Document Production Protocol, # 2 Exhibit B: Sample Short Form Non-Party at Fault Filing for Individual Actions, # 3 Exhibit C: Confidentiality Order, # 4 Exhibit D: Addendum to Confidentiality Order) (WBar) (Entered: 11/16/2019)

11/18/20 999 ORDER from U.S. Court of Appeals - Sixth Circuit [Appeal Case Number

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19-1425/19-1472/19-1477/19-1533] (SKra) Modified on 11/18/2019

(SKra). (Entered: 11/18/2019)

11/19/20 19

TEXT-ONLY ORDER STRIKING 1000 Objection; as Improvidently Filed. Parties must utilize the Discovery Dispute Protocol set forth in the Second Amended Case Management Order, ECF No. 998. Signed by District Judge Judith E. Levy. (WBar) (Entered: 11/19/2019)

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Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 11/20/2019 (Court Reporter: None Present, Not on the Record) (WBar) (Entered: 11/20/2019)

11/21/20 100 ORDER denying 987 Motion for Protective Order. Signed by District

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1 Judge Judith E. Levy. (WBar) (Entered: 11/21/2019)

11/21/20 19

100 ORDER Regarding Applications for Interim Individual Co-Liaison 2 Counsel and Interim Co-Lead Class Counsel; Applications due by 12/18/2019, Signed by District Judge Judith E. Levy. (WBar) (Entered: 11/21/2019)

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100 NOTICE by Karegnondi Water Authority of withdrawal of 997 MOTION 3 for Costs Reimbursement for Documents Produced . (Wise, Matthew) (Entered: 11/22/2019)

11/26/20 100 NOTICE of Appearance by Debra A. Geroux on behalf of Flint, City of.

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4 (Geroux, Debra) (Entered: 11/26/2019)

11/26/20 19

100 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 5 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for December 10, 2019 Status Conference (Weiner, Jessica) (Entered: 11/26/2019)

11/26/20 100 NOTICE by Daniel Wyant Proposed Agenda Items for Dec. 10, 2019

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6 Status Conference (Pattwell, Michael) (Entered: 11/26/2019)

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100 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 7 Veolia Water North America Operating Services, LLC of Proposed Agenda Items for 12-10-19 Status Conference (Devine, Alaina) (Entered: 11/26/2019)
100 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, 8 Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda Item for the Dec 10 Status Conference (Kim, William) (Entered: 11/26/2019)
100 TRANSCRIPT of Status Conference held on 11/6/2019. (Court 9 Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 63) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 12/18/2019. Redacted Transcript Deadline set for 12/30/2019. Release of Transcript Restriction set for 2/25/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 11/27/2019)
101 NOTICE by Cholyanda Brown Of Prior Depositions Taken and 0 Depositions Noticed But Not Yet Taken (Weglarz, Todd) (Entered: 12/02/2019)
101 NOTICE by Cholyanda Brown Legionella Plfs List Written Disco 1 Issued (Weglarz, Todd) (Entered: 12/02/2019)
101 AGENDA for December 10, 2019 Status Conference and Scheduling 2 Next Status Conference for 1/22/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 12/03/2019)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 12/10/2019 (Court Reporter: Darlene May) (WBar) (Entered: 12/10/2019)
101 NOTICE of Appearance by Rhonda R. Stowers on behalf of Leo A. Daly 3 Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Stowers, Rhonda) (Entered: 12/11/2019)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference regarding discovery issue held on 12/12/2019 (WBar) (Entered: 12/12/2019)
101 ORDER Regarding Matters Discussed at the December 10, 2019 Status 4 Conference; ( Next In-Person Status Conference set for 1/22/2020 02:00

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PM before District Judge Judith E. Levy)(See order for additional dates) Signed by District Judge Judith E. Levy. (WBar) (Entered: 12/12/2019)
101 NOTICE TO APPEAR BY TELEPHONE: Discovery Telephone 5 Conference set for 12/18/2019 02:00 PM before District Judge Judith E. Levy**PLEASE USE CALL-IN INFORMATION: 888.363.4734; Access Code: 2541474 (WBar) (Entered: 12/12/2019)
101 NOTICE of Appearance by David Alexander Latanision on behalf of D. 6 Alexander Latanision. (Latanision, David) (Entered: 12/13/2019)
101 ATTORNEY APPEARANCE: Cindy Tsai appearing on behalf of Lashema 7 Marble (Tsai, Cindy) (Entered: 12/16/2019)
TEXT-ONLY NOTICE: Discovery Telephone Conference on 12/18/2019 is Cancelled re 1015 Notice to Appear (WBar) (Entered: 12/18/2019)
101 NOTICE by SR, Michelle rodriguez, Luke waid re 1002 Order, Set 8 Deadlines/Hearings for Appointment of Hunter J. Shkolnik as Co-Liaison Counsel (Shkolnik, Hunter)[INCORRECT CASE NUMBER IN CASE CAPTION] Modified on 12/18/2019 (DPer). (Entered: 12/18/2019)
101 APPLICATION for Reappointment as Interim Co-Lead Class Counsel by 9 ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Levens, Emmy) (Entered: 12/18/2019)
102 APPLICATION for Appointment as Co-Liaison Counsel by Corey Stern. 0 (Stern, Corey) (Entered: 12/18/2019)
Set Hearing: Motion Hearing set on all pending motions in Marble (1712942) and Brown (18-10726) for 1/22/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 12/20/2019)
102 ORDER re 1018 Notice, 1020 Application, and 1019 Application; 1 Reappointing Interim Individual Co-Liaison Counsel and Interim Co-Lead Class Counsel. Signed by District Judge Judith E. Levy. (WBar) (Entered: 12/20/2019)
102 MOTION TO EXTEND Time Allotted to Engineering Defendants when 2 Deposing Non-Parties and State and City Actors by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 12/23/2019)
102 MOTION to Amend/Correct 998 Order, Class Plaintiffs' Motion and Brief 3 to Amend the Second Case Management Order by All Plaintiffs.

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(Attachments: # 1 Exhibit A-Dec. 20, 2019 EMail from D. Kent, # 2 Exhibit B-June 21, 2019 EMail from T. Gamble, # 3 Exhibit C-Aug 8, 2018 EMail from P.Erickson, # 4 Exhibit D-Aug 21, 2018 Email from P. Erickson, # 5 Exhibit E-Dec 16, 2019 Email from J. Campbell, # 6 Exhibit Third Amended Case Management Order (Proposed)) (Berezofsky, Esther) (Entered: 12/23/2019)
102 MOTION for Order to Expand Deposition Time by McLaren Healthcare 4 Corporation. (Smith, Susan) (Entered: 12/23/2019)
102 RESPONSE to 1022 MOTION TO EXTEND Time Allotted to 5 Engineering Defendants when Deposing Non-Parties and State and City Actors Joinder in Motion filed by Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 12/27/2019)
102 RESPONSE to 1024 MOTION for Order to Expand Deposition 6 Time, 1022 MOTION TO EXTEND Time Allotted to Engineering Defendants when Deposing Non-Parties and State and City Actors filed by Corey Stern. (Attachments: # 1 Exhibit EXHIBIT A - Genesee County Notice of Motion to Disqualify AG's Office, # 2 Exhibit Expert Affirmation Associated with Genesee County Motion to Disqualify AG's Office, # 3 Exhibit Exhibit A to Expert Affirmation Associated with Genesee County Motion to Disqualify, # 4 Exhibit Exhibit B to Expert Affirmation Associated with Cenesee County Motion to Disqualify, # 5 Exhibit Exhibit 1 to Expert Affirmation (Affirmation of Corey M. Stern) Associated with Genesee County Motion to Disqualify, # 6 Exhibit Exhibit 2 to Expert Affirmation Associated with Genesee County Motion to Disqualify, # 7 Exhibit Exhibit 3 to Expert Affirmation Associated with Genesee County Motion to Disqualify, # 8 Exhibit EXHIBIT B - Genesee County Registry of Actions) (Stern, Corey) (Entered: 12/30/2019)
102 RESPONSE to 1022 MOTION TO EXTEND Time Allotted to 7 Engineering Defendants when Deposing Non-Parties and State and City Actors filed by Elnora Carthan. (Connors, Jordan) (Entered: 12/30/2019)
102 TRANSCRIPT of Status Conference held on December 10, 2019. (Court 8 Reporter: Darlene K. May) (Number of Pages: 41) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 1/22/2020. Redacted Transcript Deadline set for 2/3/2020. Release of Transcript Restriction set for 3/31/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After

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that date, the transcript is publicly available. (May, D) (Entered: 01/01/2020)
102 AGENDA AND NOTICE TO APPEAR BY TELEPHONE: Status 9 Conference set for 1/8/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 01/03/2020)
103 RESPONSE to 1023 MOTION to Amend/Correct 998 Order, Class 0 Plaintiffs' Motion and Brief to Amend the Second Case Management Order filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 01/06/2020)
103 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley 1 Wurfel, Daniel Wyant, Liane shekter-smith Proposed Agenda Items for January 22, 2020, Status Conference (Barbieri, Charles) (Entered: 01/08/2020)
103 STATEMENT of Proposed Agenda Items for 1-22-2020 Status Conference 2 by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Devine, Alaina) (Entered: 01/08/2020)
103 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, 3 Michael Glasgow, Daugherty Johnson, Dayne Walling Proposed Agenda Items for the January 22, 2020 Status Conference (Kim, William) (Entered: 01/08/2020)
103 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 4 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for January 22, 2020 Status Conference (Weiner, Jessica) (Entered: 01/08/2020)
103 NOTICE by Corey Stern re 1014 Order,, Set Deadlines/Hearings, Co5 Liaison Counsel's Response to the Court's Order to Show Cause (Stern, Corey) (Entered: 01/08/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 1/8/2020 (Court Reporter: Darlene May) (WBar) (Entered: 01/09/2020)
103 NOTICE of Appearance by Donald H. Dawson, Jr on behalf of Gradine 6 Rogers. (Dawson, Donald) (Entered: 01/09/2020)
103 ORDER denying 1022 1024 Motions to Extend Deposition Timing; 7 granting in part 1023 Motion to Deadline for Filing Motion for Class

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Certification, Signed by District Judge Judith E. Levy. (WBar) (Entered: 01/09/2020)
103 NOTICE of Appearance by Donald H. Dawson, Jr on behalf of Cholyanda 8 Brown. (Dawson, Donald) (Entered: 01/10/2020)
103 MOTION for Withdrawal of Attorney Zachary C. Larsen by Andrew 9 Dillon, Nick Lyon, RICHARD D SNYDER, Eden Wells. (Attachments: # 1 Exhibit A-Proposed Order) (Larsen, Zachary) (Entered: 01/10/2020)
104 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 0 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams of Screening Pursuant to D.C. Rule of Professional Responsibility 1.11 (Attachments: # 1 Exhibit A) (Weiner, Jessica) (Entered: 01/13/2020)
104 ORDER granting 1039 Motion to Withdraw as Attorney.. Signed by 1 District Judge Judith E. Levy. (WBar) (Entered: 01/14/2020)
104 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 2 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams of Screening Pursuant to D.C. Rule of Professional Responsibility 1.11 (Attachments: # 1 Exhibit A) (Weiner, Jessica) (Entered: 01/15/2020)
104 AGENDA FOR JANUARY 22, 2020 STATUS CONFERENCE; and 3 Scheduling of Next Status Conference: Next Status Conference set for 2/26/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 01/15/2020)
104 TRANSCRIPT of In Chambers Telephonic Status Conference held on 4 January 8, 2020. (Court Reporter: Darlene K. May) (Number of Pages: 35) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 2/6/2020. Redacted Transcript Deadline set for 2/18/2020. Release of Transcript Restriction set for 4/15/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 01/16/2020)
104 NOTICE of Appearance by Kevin L. Laidler on behalf of Herbert Sanders. 5 (Laidler, Kevin)[APPEARANCE FOR ALEXANDER, ET AL. (CASE NO 16-13421) Modified on 1/22/2020 (DPer). (Entered: 01/22/2020)

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Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 1/22/2020 (Court Reporter: Darlene May) (WBar) (Entered: 01/24/2020)
104 NOTICE by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, Eden 6 Wells re 1037 Order on Motion to Extend, Order on Motion to Amend/Correct, Order on Motion for Order State Defendants' Response Regarding Outstanding Claims in Individual Flint Water Cases (Gambill, Nathan) (Entered: 01/23/2020)
104 MOTION for Protective Order by Andrew Dillon, Nick Lyon, RICHARD 7 D SNYDER, Eden Wells. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. Notice of Taking Audio-Visual Deposition to Andy Dillon, # 3 Exhibit 2. Notice of Taking Audio-Visual Deposition to former Governor Snyder, # 4 Exhibit 3. Notice of Taking Audio-Visual Deposition to Eden Wells, # 5 Exhibit 4. Notice of Taking Audio-Visual Deposition to Nick Lyon) (Gambill, Nathan) (Entered: 01/23/2020)
104 ORDER REGARDING MATTERS DISCUSSED AT THE JANUARY 22, 8 2020 STATUS CONFERENCE; and Scheduling Next In-Person Status Conference for 3/11/2020 02:00 PM before District Judge Judith E. Levy (See order for additional dates), Signed by District Judge Judith E. Levy. (WBar) (Entered: 01/25/2020)
104 AGENDA AND NOTICE TO APPEAR BY TELEPHONE: Status 9 Conference set for 2/5/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 01/30/2020)
105 NOTICE of Appearance by Justin Adatto Nelson on behalf of All 0 Plaintiffs. (Nelson, Justin) (Entered: 01/30/2020)
105 RESPONSE to 1047 MOTION for Protective Order of State 1 Defendants filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Devine, Alaina) (Entered: 02/03/2020)
105 RESPONSE to 1047 MOTION for Protective Order of State 2 Defendants filed by McLaren Healthcare Corporation. (Smith, Susan) (Entered: 02/03/2020)
105 TRANSCRIPT of Status Conference held on January 22, 2020. (Court 3 Reporter: Darlene K. May) (Number of Pages: 131) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 2/25/2020. Redacted Transcript Deadline set for 3/6/2020. Release of Transcript Restriction set for 5/4/2020. Transcript

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may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 02/04/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 2/5/2020 (Court Reporter: Darlene May) (WBar) (Entered: 02/05/2020)
105 NOTICE of Change of Address/Contact Information by Larry R. Jensen, Jr 4 on behalf of Norbert Birchmeier, City of Flint Board of Hospital Managers d/b/a Hurley Medical Center, Ann Newell. (Jensen, Larry) (Entered: 02/06/2020)
105 NOTICE of Change of Address/Contact Information by Jonathon A. Rabin 5 on behalf of Norbert Birchmeier, City of Flint Board of Hospital Managers d/b/a Hurley Medical Center, Ann Newell. (Rabin, Jonathon) (Entered: 02/06/2020)
105 STIPULATION of Dismissal to Count XXII (CERCLA) by Gerald 6 Ambrose, Stephen Busch, City of Flint Board of Hospital Managers d/b/a Hurley Medical Center, Patrick Cook, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Edward Kurtz, Michael Prysby, Dayne Walling, Bradley Wurfel, Daniel Wyant, Liane shekter-smith (Grashoff, Philip) (Entered: 02/10/2020)
105 NOTICE of Appearance by David J. DeVine on behalf of Flint, City of. 7 (DeVine, David) (Entered: 02/12/2020)
105 [WRONG DOCUMENT ASSOCIATED] TRANSCRIPT of In Chambers 8 Telephonic Status Conference held on February 5, 2020. (Court Reporter: Darlene K. May) (Number of Pages: 52) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/9/2020. Redacted Transcript Deadline set for 3/18/2020. Release of Transcript Restriction set for 5/18/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) Modified on 2/18/2020 (JPur). (Entered: 02/16/2020)
105 AGENDA AND NOTICE TO APPEAR BY TELEPHONE: Status 9 Conference set for 2/19/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 02/16/2020)

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106 AGENDA AND AMENDED NOTICE TO APPEAR BY 0 TELEPHONE: Status Conference set for 2/19/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 02/18/2020)
106 NOTICE of Correction re 1058 Transcript: Wrong document was 1 associated. (JPur) (Entered: 02/18/2020)
106 1058 TRANSCRIPT of In Chambers Telephonic Status Conference held 2 on February 5, 2020. Release of Transcript Restriction set for 5/18/2020. (May, D) (Entered: 02/18/2020)
106 NOTICE of Appearance by Adam T. Schnatz on behalf of McAlpine PC. 3 (Schnatz, Adam) (Entered: 02/19/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 2/19/2020 (Court Reporter: Darlene May) (WBar) (Entered: 02/19/2020)
106 NOTICE of Appearance by Adam T. Schnatz on behalf of All Plaintiffs. 4 (Schnatz, Adam) (Entered: 02/20/2020)
106 NOTICE of Appearance by Tyler J. Anderson on behalf of Stephen Busch. 5 (Anderson, Tyler) (Entered: 02/21/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 2/21/2020 Regarding Deposition Discovery Dispute. (Non-Federal Court Reporter: Carol Kirk with Golkow Global Litigation Services) (WBar) Modified on 2/25/2020 (WBar). (Entered: 02/21/2020)
TEXT-ONLY NOTICE: Status Conference on 2/26/2020 is Cancelled re 1043 Notice to Appear (WBar) (Entered: 02/25/2020)
106 NOTICE by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., 6 Lockwood, Andrews & Newman, P.C. Submission of the LAN Defendants Regarding Agenda Items for March 11, 2020 Status Conference (Erickson, Philip) (Entered: 02/26/2020)
106 NOTICE by Flint, City of City Defendants' Proposed Agenda Items for the 7 March 11, 2020 Flint Water Status Conference (Berg, Frederick) (Entered: 02/26/2020)
106 NOTICE by Veolia North America Operating Services, LLC, Veolia North 8 America, Inc., Veolia North America, LLC Proposed Agenda Items for March 11, 2020 Status Conference (Devine, Alaina) (Entered: 02/26/2020)

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106 NOTICE by SR, Michelle rodriguez, Luke waid PLAINTIFFS LIAISON 9 COUNSELS PROPOSED AGENDA FOR MARCH 11, 2020 STATUS CONFERENCE (Shkolnik, Hunter) (Entered: 02/26/2020)
107 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 0 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for March 11, 2020 Status Conference (Weiner, Jessica) (Entered: 02/26/2020)
107 ORDER REGARDING BRIEFING SCHEDULE. Signed by District Judge 1 Judith E. Levy. (WBar) (Entered: 02/27/2020)
107 NOTICE by Jeff Wright DEFT JEFFREY WRIGHT'S PROPOSED 2 AGENDA ITEMS FOR THE MARCH 11, 2020 STATUS CONFERENCE (Wise, Matthew) (Entered: 02/27/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 2/28/2020 (Court Reporter: None Present, Not on the Record) (WBar) (Entered: 02/28/2020)
107 ORDER Regarding Telephone Status Conference held on February 28, 3 2020. Signed by District Judge Judith E. Levy. (WBar) (Entered: 02/28/2020)
107 NOTICE of Appearance by Jude T. Hickland on behalf of Lockwood, 4 Andrews & Newnam, P.C.. (Hickland, Jude) (Entered: 02/28/2020)
107 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 5 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Additional Agenda Item for March 11, 2020 Status Conference (Weiner, Jessica) (Entered: 03/02/2020)
107 AGENDA FOR MARCH 11, 2020 STATUS CONFERENCE. Signed by 6 District Judge Judith E. Levy. (WBar) (Entered: 03/04/2020)
107 TRANSCRIPT of In Chambers Telephonic Status Conference held on 7 February 19, 2020. (Court Reporter: Darlene K. May) (Number of Pages: 57) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 3/30/2020. Redacted Transcript Deadline set for 4/8/2020. Release of Transcript Restriction set for 6/8/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of

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Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 03/08/2020)
107 MOTION Brief Concerning Materials Obtained Pursuant to Investigative 8 Subpoenas by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F) (Campbell, James) Modified on 3/9/2020 (SKra).[WRONG EVENT USED-BRIEF] (Entered: 03/09/2020)
107 MOTION Brief Regarding Criminal Protective Orders re 1071 Order by 9 Stephen Busch, Patrick Cook, Michael Prysby, Liane shekter-smith. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Barbieri, Charles) (Entered: 03/09/2020)
108 MOTION for Protective Order Regarding Materials Produced in Criminal 0 Cases by Gerald Ambrose, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A - Criminal Complaint, # 3 Exhibit B - Probable Cause Conference Transcript (04-25-17) Excerpt, # 4 Exhibit C - January 15 2019 Press Release, # 5 Exhibit D - Motions and Orders of Nolle Prosequ, # 6 Exhibit E - June 13 2019 Press Release, # 7 Exhibit F - Emails Between AR, JM, and SG FH re Investigative Subpoenas, # 8 Exhibit G - Lyons Protective Order, # 9 Exhibit H - Wells Protective Order, # 10 Exhibit I Rosenthal, Shekter Smith, Cook, Peeler, Scott, and Miller Protective Order, # 11 Exhibit J - Busch Protective Order, # 12 Exhibit K - Prysby Protective Order, # 13 Exhibit L - Shekter Smith Protective Order, # 14 Exhibit M Rosenthal Stipulation for Relief from Protective Order, # 15 Exhibit N People v. Cotton, # 16 Exhibit O - Moody v. MGCB) (Rusek, Alexander) (Entered: 03/09/2020)
108 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 1 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams re 1071 Order - Class Plaintiffs' Brief Regarding Protective Orders in Parallel Criminal Proceedings and Discovery Materials Obtained From Investigative Subpoenas (Weiner, Jessica) (Entered: 03/09/2020)
108 NOTICE REGARDING THE STATUS CONFERENCE TO BE HELD 2 ON MARCH 11, 2020 (WBar) (Entered: 03/10/2020)
108 RESPONSE to 1078 MOTION Brief Concerning Materials Obtained 3 Pursuant to Investigative Subpoenas Joinder filed by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 03/10/2020)

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Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 3/11/2020 (Court Reporter: Jeseca Eddington) (WBar) (Entered: 03/11/2020)
108 MOTION for Issuance of Letter Rogatory for International Judicial 4 Assistance in Taking Deposition in France by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Attachments: # 1 Exhibit 1) (Weiner, Jessica) (Entered: 03/12/2020)
108 ORDER REGARDING MATTERS DISCUSSED AT THE MARCH 11, 5 2020 STATUS CONFERENCE, and Scheduling next Status Conference for 4/15/2020 03:00 PM before District Judge Judith E. Levy. Signed by District Judge Judith E. Levy. (WBar) (Entered: 03/12/2020)
108 NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 6 3/18/2020 03:30 PM before District Judge Judith E. Levy***PLEASE USE THE FOLLOWING CALL-IN INFORMATION: (888) 363-4734; Access code: 2541474*** (WBar) (Entered: 03/18/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 3/18/2020 (Court Reporter: None Present, Not on the Record) (WBar) (Entered: 03/18/2020)
108 ORDER Regarding Issues Discussed at the March 18, 2020 Telephone 7 Conference. Signed by District Judge Judith E. Levy. (WBar) (Entered: 03/20/2020)
108 STIPULATION AND ORDER Extending Time to Respond 8 to 1084 MOTION for Issuance of Letter Rogatory for International Judicial Assistance in Taking Deposition in France; Response due by 4/10/2020, Signed by District Judge Judith E. Levy. (WBar) (Entered: 03/23/2020)
108 ORDER REGARDING BELLWETHER POOL REDUCTION. Signed by 9 District Judge Judith E. Levy. (WBar) (Entered: 03/23/2020)
109 NOTICE of Appearance by Julie Goodwin on behalf of Lashema Marble. 0 (Goodwin, Julie) (Entered: 03/25/2020)
109 NOTICE by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., 1 Lockwood, Andrews & Newman, P.C. Proposed Agenda Items for 4.15.20 Status Conference (Erickson, Philip) (Entered: 04/01/2020)
109 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 2 Veolia Water North America Operating Services, LLC Agenda for 4-15-20 Status Conference (Campbell, James) (Entered: 04/01/2020)

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109 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 3 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for April 15, 2020 Status Conference (Weiner, Jessica) (Entered: 04/01/2020)
109 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, 4 Michael Glasgow, Daugherty Johnson Proposed Agenda Items for the 415-2020 Status Conference (Kim, William) (Entered: 04/01/2020)
109 NOTICE by SR, Michelle rodriguez, Luke waid Individual Co-Liaison 5 Counsel's Notice of Agenda Items for April 15, 2020 Status Conference (Shkolnik, Hunter) (Entered: 04/01/2020)
109 ORDER REQUIRING A RESPONSE from VNA Defendants. Response 6 due by 4/13/2020, Signed by District Judge Judith E. Levy. (Attachments: #(1): Exhibit A, #(2): Exhibit B) (WBar) (Entered: 04/02/2020)
109 AGENDA AND NOTICE TO APPEAR BY 7 TELEPHONE: TELEPHONE Conference set for 4/8/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 04/03/2020)
109 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 8 Veolia Water North America Operating Services, LLC re 1096 Order to Show Cause (Attachments: # 1 Index of Exhibits, # 2 Exhibit A Declaration of David M. Rogers, # 3 Exhibit A1- Example of Rule 34 Notice, # 4 Exhibit A2 - Home Inspection Protocol, # 5 Exhibit A3 Relevant Portions of 2/5/2020 Hearing Transcript, # 6 Exhibit A4 2/17/2020 Correspondence to C. Stern, # 7 Exhibit A5 - 2/17/2020 Correspondence to P. Lanciotti, # 8 Exhibit A6 - 2/17/2020 Correspondence to All Counsel, # 9 Exhibit A7 - 2/18/2020 Correspondence to All Counsel, # 10 Exhibit A8 - 2/20/2020 Apology Letters, # 11 Exhibit A9 - 2/23/2020 Revised Apology Letters, # 12 Exhibit A10 - Example Subpoena Withdrawal Letter, # 13 Exhibit B - Declaration of Michael R. Williams) (Williams, Michael) (Entered: 04/08/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 4/8/2020; (Court Reporter: None Present, Not on the Record) (WBar) (Entered: 04/08/2020)
109 AGENDA FOR APRIL 15, 2020 VIDEO STATUS CONFERENCE; and 9 Setting Next In-Person Status Conference set for 5/20/2020 02:00 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/08/2020)

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110 ORDER granting in part and denying in part 1047 Motion for Protective 0 Order. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/09/2020)
110 RESPONSE to 1084 MOTION for Issuance of Letter Rogatory for 1 International Judicial Assistance in Taking Deposition in France Opposition filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit Declaration and Exhibit) (Campbell, James) (Entered: 04/10/2020)
110 NOTICE FOR APRIL 15, 2020 STATUS CONFERENCE (WBar) 2 (Entered: 04/13/2020)
110 NOTICE of Appearance by James Mason on behalf of Chloe Washington, 3 Lawrence Washington, Madison Washington, Morgan Washington, Taylor Washington, Lawrence Washington, Jr.. (Mason, James) (Entered: 04/14/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Video/Telephonic Status Conference held on 4/15/2020 (Court Reporter: Jeseca Eddington) (WBar) (Entered: 04/15/2020)
110 ORDER REGARDING MATTERS DISCUSSED AT THE APRIL 15, 4 2020 STATUS CONFERENCE;( Next Zoom Video Status Conference set for 5/20/2020 02:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (See order for additional dates) (WBar) (Entered: 04/16/2020)
110 SPECIAL MASTER REPORT (Third Interim Report of the Special Master 5 Regarding Data Compilation Based on Responses to the Amended Order Regarding Collection of Data) by Deborah E. Greenspan (Greenspan, Deborah) (Entered: 04/17/2020)
110 NOTICE of Appearance by Sarah E. Reynolds on behalf of Veolia North 6 America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Reynolds, Sarah) (Entered: 04/17/2020)
110 NOTICE OF APPEAL by RICHARD D SNYDER, Andrew Dillon 7 re 1100 Order on Motion for Protective Order. Receipt No: AMIEDC7756616 - Fee: $ 505 - Fee Status: Fee Paid. (Gambill, Nathan) (Entered: 04/22/2020)
110 MOTION to Amend/Correct 998 Order, by Beverly's Restaurant, Cakes & 8 Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Attachments: # 1 Declaration of P. Novak) (Morrissey, Stephen) (Entered: 04/22/2020)

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110 Certificate of Service re 1107 Notice of Appeal. (DAll) (Entered: 9 04/23/2020)
111 AGENDA AND NOTICE TO APPEAR: Zoom Video Conference set for 0 4/29/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 04/24/2020)
111 TRANSCRIPT of Status Conference held on 3/11/2020. (Court 1 Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 68) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/18/2020. Redacted Transcript Deadline set for 5/28/2020. Release of Transcript Restriction set for 7/27/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 04/27/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Video Conference held on 4/29/2020; (Court Reporter: None Present, Not on the Record) (WBar) (Entered: 04/30/2020)
111 ORDER Regarding Matters Addressed during the April 29, 2020 Video 2 Conference. Signed by District Judge Judith E. Levy. (WBar) (Entered: 04/30/2020)
111 ORDER granting 1084 Motion for Issuance of a Letter Rogatory. Signed 3 by District Judge Judith E. Levy. (WBar) (Entered: 05/01/2020)
111 REQUEST (LETTER ROGATORY). (Attachments: # 1 Exhibit: 4 Commission Rogatoire) (WBar) (Entered: 05/04/2020)
111 AGENDA AND NOTICE TO APPEAR BY ZOOM VIDEO: Video 5 Conference set for 5/6/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 05/04/2020)
111 MOTION to Compel Production of Documents by Corey Stern. (Stern, 6 Corey) (Entered: 05/05/2020)
111 MEMORANDUM re 1116 MOTION to Compel Production of 7 Documents by Corey Stern (Attachments: # 1 Exhibit Exhibit A to Motion to Compel, # 2 Exhibit Exhibit B to Motion to Compel) (Stern, Corey) (Entered: 05/05/2020)

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111 EXHIBIT C to Brief in Support re 1116 MOTION to Compel Production 8 of Documents, 1117 Memorandum by Corey Stern (Stern, Corey) (Entered: 05/05/2020)
111 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley 9 Wurfel, Daniel Wyant, Liane shekter-smith MDEQ Defendants' Proposed Agenda Items for May 20, 2020 Status Conference (Grashoff, Philip) (Entered: 05/06/2020)
112 NOTICE by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., 0 Lockwood, Andrews & Newman, P.C. In Re FWC Proposed Agenda for May 20 2020 Status Conference (Erickson, Philip) (Entered: 05/06/2020)
112 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, 1 Michael Glasgow, Daugherty Johnson City Defendants' Proposed Agenda Items for 5/20/20 Status Conference (Kim, William) (Entered: 05/06/2020)
112 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 2 Veolia Water North America Operating Services, LLC Proposed Agenda Items for 5-20-20 Status Conference (Devine, Alaina) (Entered: 05/06/2020)
112 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 3 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for May 20, 2020 Status Conference (Weiner, Jessica) (Entered: 05/06/2020)
112 NOTICE of Appearance by Michael L. Williams on behalf of United States 4 of America. (Williams, Michael) (Entered: 05/06/2020)
112 NOTICE by United States of America Proposed Agenda Item for May 20, 5 2020 Status Conference (Williams, Michael) (Entered: 05/06/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Webinar Status Conference held on 5/6/2020 (Court Reporter: Jeseca Eddington) (WBar) (Entered: 05/07/2020)
112 NOTICE of Appearance by Eric Rey on behalf of United States of 6 America. (Rey, Eric) (Entered: 05/08/2020)
112 NOTICE of Appearance by Jason T. Cohen on behalf of United States of 7 America. (Cohen, Jason) (Entered: 05/08/2020)
112 ORDER REGARDING MATTERS ADDRESSED DURING THE MAY 8 6, 2020 VIDEO CONFERENCE. Signed by District Judge Judith E. Levy. (WBar) (Entered: 05/08/2020)

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112 TRANSCRIPT of Status Conference held on 04/15/2020. (Court 9 Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 44) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 05/08/2020)
113 TRANSCRIPT of Video Conference held on 05/06/2020. (Court 0 Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 11) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 5/29/2020. Redacted Transcript Deadline set for 6/8/2020. Release of Transcript Restriction set for 8/6/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 05/08/2020)
113 THIRD AMENDED CASE MANAGEMENT ORDER. Signed by District 1 Judge Judith E. Levy. (Attachments: # 1 Exhibit A: Document Production Protocol, # 2 Exhibit B: Notice of non parties at fault, # 3 Exhibit C: Confidentiality Order, # 4 Exhibit D: Addendum, # 5 Exhibit E: Protocol for lead sampling) (WBar) (Entered: 05/08/2020)
113 NOTICE of Joinder/Concurrence in 1116 MOTION to Compel Production 2 of Documents filed by Corey Stern by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC (Devine, Alaina) (Entered: 05/11/2020)
113 NOTICE of Joinder/Concurrence in 1117 Memorandum filed by Corey 3 Stern by McLaren Healthcare Corporation (Smith, Susan) (Entered: 05/11/2020)
113 NOTICE of Joinder/Concurrence in 1116 MOTION to Compel Production 4 of Documents filed by Corey Stern by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 05/12/2020)
113 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 5 Veolia Water North America Operating Services, LLC Proposed

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Supplemental Agenda Items for 5-20-20 Status Conference (Devine, Alaina) (Entered: 05/12/2020)
113 RESPONSE to 1116 MOTION to Compel Production of 6 Documents MDEQ Employee Defendants' Brief in Opposition to Plaintiffs' Motion to Compel Production of Documents filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane shekter-smith. (Grashoff, Philip) (Entered: 05/13/2020)
113 AGENDA FOR MAY 20, 2020 STATUS CONFERENCE AND NOTICE 7 FOR JUNE 24, 2020 STATUS CONFERENCE: Next Zoom Video Conference set for 6/24/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 05/13/2020)
113 ATTORNEY APPEARANCE: Fadwa Z. Hammoud appearing on behalf of 8 State of Michigan People of the State of Michigan (Hammoud, Fadwa) (Entered: 05/13/2020)
113 ATTORNEY APPEARANCE: Daniel J. Ping appearing on behalf of State 9 of Michigan People of the State of Michigan (Ping, Daniel) (Entered: 05/13/2020)
114 RESPONSE to 1116 MOTION to Compel Production of Documents by 0 State Defendants filed by Andrew Dillon, Nick Lyon, RICHARD D SNYDER, Eden Wells. (Kuhl, Richard) (Entered: 05/13/2020)
114 RESPONSE to 1116 MOTION to Compel Production of Documents filed 1 by Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 05/13/2020)
114 RESPONSE to 1116 MOTION to Compel Production of Documents filed 2 by State of Michigan. (Attachments: # 1 Index of Exhibits INdex of Exhibits, # 2 Exhibit Response to Subpoena, # 3 Exhibit Declaration) (Hammoud, Fadwa) (Entered: 05/13/2020)
114 MOTION to Amend/Correct 1131 Order, by Corey Stern, Renner Walker. 3 (Attachments: # 1 Exhibit Ex. A - Table of Proposed Dates) (Walker, Renner) (Entered: 05/18/2020)
114 REPLY to Response re 1116 MOTION to Compel Production of 4 Documents filed by Renner Walker. (Walker, Renner) (Entered: 05/18/2020)
114 ATTORNEY APPEARANCE: Molly Kettler appearing on behalf of State 5 of Michigan People of the State of Michigan (Kettler, Molly) (Entered: 05/19/2020)

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114 ORDER from U.S. Court of Appeals - Sixth Circuit re 1107 Notice of 6 Appeal filed by Andrew Dillon, RICHARD D SNYDER [Appeal Case Number 20-1352] (SKra) (Entered: 05/19/2020)
114 NOTICE of Appearance by Timothy B. Walthall on behalf of United States 7 of America. (Walthall, Timothy) (Entered: 05/19/2020)
114 NOTICE of Appearance by William Quinn on behalf of United States of 8 America. (Quinn, William) (Entered: 05/20/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Webinar Status Conference held on 5/20/2020 (Court Reporter: Jeseca Eddington) (WBar) (Entered: 05/21/2020)
114 AMENDED 1141 Response to Motion by Daniel Wyant (Pattwell, 9 Michael) (Entered: 05/21/2020)
115 ORDER REGARDING MATTERS DISCUSSED AT THE MAY 20, 2020 0 STATUS CONFERENCE; ( Next Video Status Conference set for 6/24/2020 03:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (See order for additional dates) (WBar) (Entered: 05/21/2020)
115 [STRICKEN PURSUANT TO 05/26/20 ORDER] MOTION and Brief in 1 Support of People Requesting Certification Under 28 U.S.C. §1292(b) by State of Michigan. (Hammoud, Fadwa) Modified on 5/26/2020 (DPer). (Entered: 05/22/2020)
115 OPINION from U.S. Court of Appeals - Sixth Circuit [Appeal Case 2 Number 19-1425/19-1472/19-1477/19-1533] (SKra) Modified on 5/26/2020 (SKra). (Entered: 05/26/2020)
115 ORDER striking 1151 Motion requesting certification under 28 U.S.C. 3 1292(b). Signed by District Judge Judith E. Levy. (DPer) (Entered: 05/26/2020)
115 Letter dated March 16, 2020 from The French Ministry of Justice 4 Regarding Taking of Evidence Abroad. (WBar) (Entered: 05/29/2020)
115 AGENDA AND NOTICE TO APPEAR: VIDEO Conference set for 5 6/3/2020 02:00 PM before District Judge Judith E. Levy (WBar) (Entered: 05/29/2020)
115 TRANSCRIPT of Video Status Conference held on 05/20/2020. (Court 6 Reporter/Transcriber: Jeseca C. Eddington) (Number of Pages: 74) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript

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may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 6/19/2020. Redacted Transcript Deadline set for 6/29/2020. Release of Transcript Restriction set for 8/27/2020. 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, the transcript is publicly available. (Eddington, J) (Entered: 05/29/2020)
115 CERTIFICATE OF SERVICE by State of Michigan People of the State of 7 Michigan (Hammoud, Fadwa) (Entered: 06/01/2020)
115 OPINION from U.S. Court of Appeals - Sixth Circuit re 1107 Notice of 8 Appeal filed by Andrew Dillon, RICHARD D SNYDER [Appeal Case Number 20-1352] (SKra) (Entered: 06/03/2020)
119 LETTER from Ministry of Justice (France) re evidence request pursuant to 4 Hague Convention (DPer) (Entered: 07/15/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: VIDEO Status Conference held on 6/3/2020; (Court Reporter: None Present, Not on the Record) (WBar) (Entered: 06/04/2020)
115 STIPULATED ORDER Regarding 1116 MOTION to Compel Criminal 9 Investigation Materials, Signed by District Judge Judith E. Levy. (WBar) (Entered: 06/08/2020)
116 NOTICE of Change of Address/Contact Information by Craig S. 0 Thompson on behalf of Rowe LLC, Rowe Professional Service Company. (Thompson, Craig) (Entered: 06/09/2020)
116 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 1 Veolia Water North America Operating Services, LLC Proposed Agenda Items for 6-24-20 Status Conference (Devine, Alaina) (Entered: 06/10/2020)
116 FOURTH AMENDED CASE MANAGEMENT ORDER. Signed by 2 District Judge Judith E. Levy. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (WBar) (Entered: 06/10/2020)
116 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Amber 3 Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 1710996), Tiantha Williams - Class Plaintiffs' Proposed Agenda for June 24, 2020 Status Conference (Weiner, Jessica) (Entered: 06/10/2020)
116 NOTICE by Flint, City of Proposed Agenda Items for the June 24, 2020 4 Status Conference (Berg, Frederick) (Entered: 06/10/2020)

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116 NOTICE of Appearance by Joseph E O'Neil on behalf of Veolia North 5 America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (O'Neil, Joseph) (Entered: 06/11/2020)
116 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference 6 set for 6/24/2020 03:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/96172227954?pwd=eHNDR3o2OFQ2WWpjOG5sWkhL d0gwQT09 Password: 436470 Or iPhone one-tap : US: +12532158782,,96172227954#,,,,0#,,436470# or +13017158592,,96172227954#,,,,0#,,436470#| (WBar) (Entered: 06/15/2020)
116 MANDATE from U.S. Court of Appeals - Sixth Circuit as to 832 Notice of 8 Appeal filed by Liane shekter-smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook [Appeal Case Number 19-1477] (DWor) (Entered: 06/17/2020)
117 MANDATE from U.S. Court of Appeals - Sixth Circuit as to 853 Notice of 0 Appeal [Appeal Case Number 19-1533] (DWor) (Entered: 06/17/2020)
116 NOTICE TO APPEAR BY VIDEO CONFERENCE: Status Conference 7 set for 6/24/2020 03:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/96172227954?pwd=eHNDR3o2OFQ2WWpjOG5sWkhL d0gwQT09Password: 436470 Or iPhone onetap : US:+12532158782,,96172227954#,,,,0#,,436470# or+13017158592,,96172227954#,,,,0#,,436470#| (KGri) (Entered: 06/16/2020)
116 AGENDA FOR JUNE 24, 2020 STATUS CONFERENCE; and Setting 9 Next Status Conference for 7/29/2020 02:00 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 06/17/2020)
117 STIPULATION and Order to Extend the Time for the MDEQ Defendants 1 to Answer the Fourth Amended Consolidated Class Action Complaint by Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Liane shekter-smith (Grashoff, Philip) (Entered: 06/17/2020)
TEXT-ONLY ORDER Granting 1171 Stipulation. Signed by District Judge Judith E. Levy. (WBar) (Entered: 06/18/2020)
117 ATTORNEY APPEARANCE: Teresa Marie Russo appearing on behalf of 2 Lawrence Washington, Jr. et al. (Russo, Teresa) (Entered: 06/22/2020)

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Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Webinar Status Conference held on 6/24/2020 (Court Reporter: Darlene May) (WBar) (Entered: 06/24/2020)
117 ORDER REGARDING MATTERS DISCUSSED AT THE JUNE 24, 3 2020 STATUS CONFERENCE; Next Status Conference set for 7/29/2020 02:00 PM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (WBar) (Entered: 06/25/2020)
117 Ex Parte MOTION for Leave to File Excess Pages for Class Plaintiffs' 4 Memorandum in Support of Their Motion for Class Certification and Appointment of Class Counsel by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996), Tiantha Williams. (Weiner, Jessica) (Entered: 06/25/2020)
TEXT-ONLY ORDER Granting 1174 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (WBar) (Entered: 06/26/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Video Status Conference held on 6/30/2020. (Court Reporter: None Present, Not on the Record) (MacKay, K) (Entered: 06/30/2020)
117 MOTION to Amend/Correct Class Plaintiffs Motion for Leave to Amend 5 Complaint to Substitute Class Representatives by ANGELOS CONEY ISLAND PALACE, INC., Amber Brown, Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Michael Snyder(consolidated from 17-10996). (Attachments: # 1 Declaration in Support - Gregory Stamatopoulos, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4) (Stamatopoulos, Gregory) (Entered: 06/30/2020)
117 DECLARATION by Theodore J. Leopold re 1176 MOTION to Certify 7 Class filed by ANGELOS CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 40,

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# 40 Exhibit 41, # 41 Exhibit 42, # 42 Exhibit 43, # 43 Exhibit 44, # 44 Exhibit 45, # 45 Exhibit 46, # 46 Exhibit 47, # 47 Exhibit 48, # 48 Exhibit 49, # 49 Exhibit 50, # 50 Exhibit 51, # 51 Exhibit 52, # 52 Exhibit 53, # 53 Exhibit 54, # 54 Exhibit 55, # 55 Exhibit 56, # 56 Exhibit 57, # 57 Exhibit 58, # 58 Exhibit 59, # 59 Exhibit 60, # 60 Exhibit 61, # 61 Exhibit 62, # 62 Exhibit 63, # 63 Exhibit 64, # 64 Exhibit 65, # 65 Exhibit 66, # 66 Exhibit 67, # 67 Exhibit 68, # 68 Exhibit 69, # 69 Exhibit 70, # 70 Exhibit 71, # 71 Exhibit 72, # 72 Exhibit 73, # 73 Exhibit 74, # 74 Exhibit 75, # 75 Exhibit 76, # 76 Exhibit 77, # 77 Exhibit 78, # 78 Exhibit 79, # 79 Exhibit 80, # 80 Exhibit 81, # 81 Exhibit 82, # 82 Exhibit 83, # 83 Exhibit 84, # 84 Exhibit 85, # 85 Exhibit 86, # 86 Exhibit 87, # 87 Exhibit 88, # 88 Exhibit 89, # 89 Exhibit 90, # 90 Exhibit 91, # 91 Exhibit 92, # 92 Exhibit 93, # 93 Exhibit 94, # 94 Exhibit 95, # 95 Exhibit 96, # 96 Exhibit 97, # 97 Exhibit 98, # 98 Exhibit 99, # 99 Exhibit 100, # 100 Exhibit 101, # 101 Exhibit 102, # 102 Exhibit 103, # 103 Exhibit 104, # 104 Exhibit 105, # 105 Exhibit 106 (Part A), # 106 Exhibit 106 (Part B), # 107 Exhibit 107, # 108 Exhibit 108, # 109 Exhibit 109, # 110 Exhibit 110, # 111 Exhibit 111, # 112 Exhibit 112, # 113 Exhibit 113, # 114 Exhibit 114, # 115 Exhibit 115, # 116 Exhibit 116, # 117 Exhibit 117, # 118 Exhibit 118, # 119 Exhibit 119, # 120 Exhibit 120, # 121 Exhibit 121, # 122 Exhibit 122, # 123 Exhibit 123, # 124 Exhibit 124 (Part A), # 125 Exhibit 124 (Part B), # 126 Exhibit 125, # 127 Exhibit 126, # 128 Exhibit 127) (Levens, Emmy) (Entered: 06/30/2020)
117 ANSWER to 4th Consolidated Amended Class Complaint by Gerald 8 Ambrose. (Wolf, Barry) (Entered: 07/01/2020)
117 TRANSCRIPT of Status Conference held on June 24, 2020. (Court 9 Reporter: Darlene May) (Number of Pages: 24) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 7/22/2020. Redacted Transcript Deadline set for 8/3/2020. Release of Transcript Restriction set for 9/29/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) Modified on 8/12/2020: Corrected hearing date to June 24 (from June 2). (JPur) (Entered: 07/02/2020)
118 MOTION to Amend/Correct 1162 Order Unopposed by Co-Liaison 0 Counsel for the Individual Plaintiffs. (Attachments: # 1 Exhibit Proposed Dates) (Shkolnik, Hunter) (Entered: 07/02/2020)

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TEXT-ONLY ORDER Granting 1180 MOTION to Amend/Correct 1162 Order. Signed by District Judge Judith E. Levy. (MacKay, K) (Entered: 07/02/2020)
118 NOTICE by Co-Liaison Counsel for the Individual Plaintiffs 1 re 1180 MOTION to Amend/Correct 1162 Order Unopposed (Attachments: # 1 Exhibit Corrected Exhibit A) (Shkolnik, Hunter) (Entered: 07/06/2020)
118 ANSWER to Complaint with Affirmative Defenses with Jury 2 Demand [DKT. 620-3] by Howard Croft. (Rusek, Alexander) (Entered: 07/06/2020)
118 ANSWER to Amended Complaint for injunctive and Declaratory Relief, 3 Money Damages and Jury Demand by Michael Glasgow. (Marker, Christopher) (Entered: 07/06/2020)
118 ANSWER to Amended Complaint with Affirmative Defenses with Jury 4 Demand by Daugherty Johnson. (Zeineh, Edwar) (Entered: 07/06/2020)
118 AGENDA for July 8, 2020 Video Conference. Signed by District Judge 5 Judith E. Levy. (WBar) (Entered: 07/06/2020)
118 NOTICE TO APPEAR BY VIDEO CONFERENCE: Discovery 6 Conference set for 7/8/2020 03:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/94636012041?pwd=c2VlSm1tbjFBNXdYVGYyU241eit Pdz09 Password: 355110 Or iPhone one-tap : US: +16027530140,,94636012041#,,,,0#,,355110# or +12133388477,,94636012041#,,,,0#,,355110#| (WBar) (Entered: 07/06/2020)
118 ANSWER to Complaint with Affirmative Defenses with Jury 7 Demand [DKT. 620-3] by Darnell Earley. (Mateo, T.) (Entered: 07/06/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Zoom Video Discovery/Status Conference held on 7/8/2020 (Court Reporter: Darlene May) (WBar) Modified on 7/9/2020 (WBar). (Entered: 07/08/2020)
118 ORDER REGARDING MATTERS ADDRESSED DURING THE JULY 8 8, 2020 VIDEO CONFERENCE. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/09/2020)
118 AGENDA and Notice for Video Conference to be held on July 15, 2020. 9 Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/10/2020)

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119 NOTICE TO APPEAR BY VIDEO CONFERENCE: Discovery and Case 0 Management-Related Conference set for 7/15/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/99292313770?pwd=ekZRSU9meGZ0cXVNNE51dE9zL 0RKUT09 Password: 050976 Or iPhone one-tap : US: +12133388477,,99292313770#,,,,0#,,050976# or +12532158782,,99292313770#,,,,0#,,050976#| (WBar) (Entered: 07/10/2020)
119 RESPONSE to 1175 MOTION to Amend/Correct Class Plaintiffs Motion 1 for Leave to Amend Complaint to Substitute Class Representatives filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 07/13/2020)
119 AMENDED NOTICE TO APPEAR BY VIDEO 2 CONFERENCE: Conference set for 7/15/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/99292313770?pwd=ekZRSU9meGZ0cXVNNE51dE9zL 0RKUT09 Password: 050976 Or iPhone one-tap : US: +12133388477,,99292313770#,,,,0#,,050976# or +12532158782,,99292313770#,,,,0#,,050976#| (WBar) (Entered: 07/14/2020)
119 RESPONSE to 1175 MOTION to Amend/Correct Class Plaintiffs Motion 3 for Leave to Amend Complaint to Substitute Class Representatives filed by Flint, City of. (Klein, Sheldon) (Entered: 07/14/2020)
119 ANSWER to Complaint with Affirmative Defenses [DKT 620-3] by 5 Stephen Busch. (Grashoff, Philip) (Entered: 07/15/2020)
119 NOTICE of Joinder/Concurrence in 1193 Response to Motion filed by 6 Flint, City of by Gerald Ambrose, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson (Rusek, Alexander) (Entered: 07/15/2020)
119 ANSWER to Amended Complaint with Affirmative Defenses with Jury 7 Demand by Patrick Cook, Michael Prysby. (Barbieri, Charles) (Entered: 07/15/2020)
119 ANSWER to Complaint with Affirmative Defenses with Jury 8 Demand [Dkt. 620-3] by Bradley Wurfel. (Pattwell, Michael) (Entered: 07/15/2020)
119 ANSWER to Complaint with Affirmative Defenses by Liane shekter9 smith. (Morgan, Thaddeus) (Entered: 07/15/2020)

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120 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley 0 Wurfel, Liane shekter-smith Proposed Agenda Items (Barbieri, Charles) (Entered: 07/15/2020)
120 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Elnora 1 Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams - Class Plaintiffs' Proposed Agenda for July 29, 2020 Status Conference (Weiner, Jessica) (Entered: 07/15/2020)
120 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, 2 Michael Glasgow, Daugherty Johnson Proposed Agenda Items for the 7.29 Status Conference (Kim, William) (Entered: 07/15/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Video Discovery and Case Management Conference held on 7/15/2020 (Court Reporter: Darlene May) (WBar) (Entered: 07/16/2020)
120 NOTICE of Joinder/Concurrence in 1193 Response to Motion filed by 3 Flint, City of by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Kent, David) (Entered: 07/16/2020)
120 MOTION to Seal Portions of Class Certification Filing by ANGELOS 4 CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit 82, # 3 Exhibit 83, # 4 Exhibit 88, # 5 Exhibit 89, # 6 Exhibit 90, # 7 Exhibit 92, # 8 Exhibit 94, # 9 Exhibit 96, # 10 Exhibit 98, # 11 Exhibit 115, # 12 Exhibit 127) (Weiner, Jessica) (Entered: 07/16/2020)
120 SEALED EXHIBIT re 1204 MOTION to Seal Portions of Class 5 Certification Filing by ANGELOS CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams. (Attachments: # 1 Exhibit A, # 2 Exhibit 82, # 3 Exhibit 83, # 4 Exhibit 88, # 5 Exhibit 89, # 6 Exhibit 90, # 7 Exhibit 92, # 8 Exhibit 94, # 9 Exhibit 96, # 10 Exhibit 98, # 11 Exhibit 115, # 12 Exhibit 127) (Weiner, Jessica) (Entered: 07/16/2020)
120 [STRICKEN PURSUANT TO 07/22/20 ORDER] COMPLAINT filed by 6 Atkins, et al against All Defendants with Jury Demand. No summons requested. Receipt No: AMIEDC-7931387 - Fee: $ 400. County of 1st Plaintiff: Genesee - County Where Action Arose: Genesee - County of 1st Defendant: Unknown. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 civil coversheet, # 2 Exhibit A) (Fuller, Michael) Modified on 7/22/2020 (DPer). (Entered: 07/16/2020)

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120 MOTION to Certify Class (Unredacted) by ANGELOS CONEY ISLAND 7 PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams. (Weiner, Jessica) (Entered: 07/16/2020)
120 DECLARATION by Theodore J. Leopold re 1207 MOTION to Certify 8 Class (Unredacted) filed by ANGELOS CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 40, # 40 Exhibit 41, # 41 Exhibit 42, # 42 Exhibit 43, # 43 Exhibit 44, # 44 Exhibit 45, # 45 Exhibit 46, # 46 Exhibit 47, # 47 Exhibit 48, # 48 Exhibit 49, # 49 Exhibit 50, # 50 Exhibit 51, # 51 Exhibit 52, # 52 Exhibit 53, # 53 Exhibit 54, # 54 Exhibit 55 (Part A), # 55 Exhibit 55 (Part B), # 56 Exhibit 55 (Part C), # 57 Exhibit 55 (Part D), # 58 Exhibit 55 (Part E), # 59 Exhibit 55 (Part F), # 60 Exhibit 55 (Part G), # 61 Exhibit 55 (Part H), # 62 Exhibit 55 (Part I), # 63 Exhibit 55 (Part J), # 64 Exhibit 56, # 65 Exhibit 57 (Part A), # 66 Exhibit 57 (Part B), # 67 Exhibit 58, # 68 Exhibit 59, # 69 Exhibit 60, # 70 Exhibit 61, # 71 Exhibit 62, # 72 Exhibit 63, # 73 Exhibit 64, # 74 Exhibit 65, # 75 Exhibit 66, # 76 Exhibit 67, # 77 Exhibit 68, # 78 Exhibit 69, # 79 Exhibit 70, # 80 Exhibit 71, # 81 Exhibit 72, # 82 Exhibit 73, # 83 Exhibit 74, # 84 Exhibit 75, # 85 Exhibit 76, # 86 Exhibit 77, # 87 Exhibit 78, # 88 Exhibit 79, # 89 Exhibit 80, # 90 Exhibit 81, # 91 Exhibit 82, # 92 Exhibit 83, # 93 Exhibit 84, # 94 Exhibit 85, # 95 Exhibit 86, # 96 Exhibit 87, # 97 Exhibit 88, # 98 Exhibit 89, # 99 Exhibit 90, # 100 Exhibit 91, # 101 Exhibit 92, # 102 Exhibit 93, # 103 Exhibit 94, # 104 Exhibit 95, # 105 Exhibit 96, # 106 Exhibit 97, # 107 Exhibit 98, # 108 Exhibit 99, # 109 Exhibit 100 (Part A), # 110 Exhibit 100 (Part B), # 111 Exhibit 100 (Part C), # 112 Exhibit 101 (Part A), # 113 Exhibit 101 (Part B), # 114 Exhibit 102, # 115 Exhibit 103, # 116 Exhibit 104, # 117 Exhibit 105, # 118 Exhibit 106 (Part A), # 119 Exhibit 106 (Part B), # 120 Exhibit 107 (Part A), # 121 Exhibit 107 (Part B), # 122 Exhibit 108, # 123 Exhibit 109, # 124 Exhibit 110, # 125 Exhibit 111, # 126 Exhibit 112, # 127 Exhibit 113, # 128 Exhibit 114, # 129 Exhibit 115, # 130 Exhibit 116, # 131 Exhibit 117, # 132 Exhibit 118, # 133 Exhibit 119, # 134 Exhibit 120, # 135 Exhibit 121, # 136 Exhibit 122, # 137 Exhibit 123, # 138 Exhibit 124 (Part A),

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# 139 Exhibit 124 (Part B), # 140 Exhibit 125, # 141 Exhibit 126, # 142 Exhibit 127) (Weiner, Jessica) (Entered: 07/16/2020)
120 ORDER REGARDING MATTERS ADDRESSED DURING THE JULY 9 15, 2020 VIDEO CONFERENCE. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/17/2020)
121 REPLY to Response re 1175 MOTION to Amend/Correct Class Plaintiffs 0 Motion for Leave to Amend Complaint to Substitute Class Representatives filed by ANGELOS CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams. (Stamatopoulos, Gregory) (Entered: 07/20/2020)
121 ORDER striking 1206 Complaint. Signed by District Judge Judith E. Levy. 1 (DPer) (Entered: 07/22/2020)
121 AGENDA FOR JULY 29, 2020 STATUS CONFERENCE; and Setting 2 August Status Conference for 8/26/2020 02:00 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/22/2020)
121 NOTICE TO APPEAR BY VIDEO STATUS CONFERENCE: STATUS 3 CONFERENCE set for 7/29/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/92857837119?pwd=QlFrZHN0ZEl5NXpBd2hibmpPcm1 lUT09 Passcode: 027991 Or iPhone one-tap : US: +12532158782,,92857837119#,,,,,,0#,,027991# or +13017158592,,92857837119#,,,,,,0#,,027991#| (WBar) (Entered: 07/22/2020)
121 MANDATE from U.S. Court of Appeals - Sixth Circuit as to 1152 Appeal 4 Order/Opinion/Judgment [Appeal Case Number 19-1472] (SKra) (Entered: 07/22/2020)
121 MOTION Stipulated Motion for Clarification and Proposed Order 5 Regarding the Court's Order Regarding Matters Addressed During the July 15, 2020 Video Conference by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 07/23/2020)
121 TRANSCRIPT of Video Discovery and Case Management Conference 6 held on July 15, 2020. (Court Reporterr: Darlene K. May) (Number of Pages: 70) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/18/2020.

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Redacted Transcript Deadline set for 8/28/2020. Release of Transcript Restriction set for 10/26/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 07/28/2020)
121 NOTICE of Appearance by Juan A. Mateo, Jr on behalf of Darnell Earley. 7 (Mateo, Juan) (Entered: 07/29/2020)
121 ATTORNEY APPEARANCE: Jared A Roberts appearing on behalf of 8 Liane shekter-smith (Roberts, Jared) (Entered: 07/29/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Video Status Conference held on 7/29/2020 (Court Reporter: Darlene May) (WBar) (Entered: 07/30/2020)
TEXT-ONLY ORDER Granting 1215 Stipulated Motion for Clarification and Proposed Order Regarding the Court's Order Regarding Matters Addressed During the July 15, 2020 Video Conference. Signed by District Judge Judith E. Levy. (WBar) (Entered: 07/30/2020)
121 ORDER REGARDING MATTERS DISCUSSED AT THE JULY 29, 9 2020 STATUS CONFERENCE; granting in part and denying in part 1204 Motion to Seal; granting 1175 Motion to Amend Complaint; striking 1176 Motion to Certify Class. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/01/2020)
122 STIPULATION re 1214 Appeal Mandate Extend the Time for Answer by 0 Andrew Dillon, RICHARD D SNYDER (Bettenhausen, Margaret) (Entered: 08/03/2020)
TEXT-ONLY ORDER Granting 1220 Stipulation; Governor Snyders answer and Treasurer Dillons memorandum due September 25, 2020, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/03/2020)
122 ORDER REGARDING THE MDEQ DEFENDANTS PROPOSED 1 SCHEDULE. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/03/2020)
122 EXHIBIT Index and Amended Redacted 2 Exhibits re 1208 Declaration,,,,,,,,,,,,, by ANGELOS CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams (Attachments: # 1 Exhibit 82, # 2 Exhibit 83, # 3 Exhibit 90, # 4 Exhibit 94, # 5 Exhibit 96) (Weiner, Jessica) (Entered: 08/03/2020)

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122 SEALED EXHIBIT Index and Amended Redacted 3 Exhibits re 1208 Declaration,,,,,,,,,,,,, by ANGELOS CONEY ISLAND PALACE, INC., Elnora Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams. (Attachments: # 1 Exhibit 82, # 2 Exhibit 83, # 3 Exhibit 90, # 4 Exhibit 94) (Weiner, Jessica) (Entered: 08/03/2020)
122 TRANSCRIPT of Status Conference held on July 29, 2020. (Court 4 Reporterr: Darlene K. May) (Number of Pages: 51) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 8/26/2020. Redacted Transcript Deadline set for 9/8/2020. Release of Transcript Restriction set for 11/3/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 08/05/2020)
122 MOTION to Amend/Correct 1162 Order Unopposed by Co-Liaison 5 Counsel for the Individual Plaintiffs. (Attachments: # 1 Exhibit A) (Shkolnik, Hunter) (Entered: 08/07/2020)
122 NOTICE of Voluntary Dismissal by Amber Brown as to Amber Brown 6 (individually and as next friend of KD, a minor, consolidated from 1610796) without prejudice (Shkolnik, Hunter) (Entered: 08/07/2020)
122 STIPULATION Of Voluntary Dismissal Pursuant to FRCP 41 (a)(2) by 7 EPCO Sales, LLC (Washington, Valdemar) (Entered: 08/07/2020)
TEXT-ONLY ORDER Granting 1225 MOTION to Amend/Correct. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/10/2020)
122 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and 8 FINANCIAL INTEREST by All Plaintiffs (Novak, Paul) (Entered: 08/11/2020)
122 ATTORNEY APPEARANCE: Paul F. Novak appearing on behalf of 635 9 South Saginaw LLC (Novak, Paul) (Entered: 08/11/2020)
TEXT-ONLY ORDER Granting 1226 Notice of Voluntary Dismissal filed by Amber Brown. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/12/2020)
TEXT-ONLY ORDER Denying 1227 Stipulation filed by EPCO Sales, LLC as moot because EPCO Sales, LLC has already been dismissed. See

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ECF No. 893 dismissing EPCO Sales, LLC without prejudice. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/12/2020)
123 NOTICE by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, 0 Michael Glasgow, Daugherty Johnson Proposed Agenda Items for the August 26, 2020 Status Conference (Kim, William) (Entered: 08/12/2020)
123 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Bradley 1 Wurfel, Liane shekter-smith Proposed Agenda Items for August 26, 2020, Status Conference (Barbieri, Charles) (Entered: 08/12/2020)
123 NOTICE by Veolia North America, Inc., Veolia North America, LLC, 2 Veolia Water North America Operating Services, LLC Proposed Agenda Items for 8.26.20 Status Conference (Devine, Alaina) (Entered: 08/12/2020)
123 NOTICE by ANGELOS CONEY ISLAND PALACE, INC., Elnora 3 Carthan, Barbara Davis, Darrell Davis, Frances Gilcreast, Rhonda Kelso, DAVID MUNOZ, Tiantha Williams Class Plaintiffs' Proposed Agenda for August 26, 2020 Status Conference (Weiner, Jessica) (Entered: 08/12/2020)
123 NOTICE by Co-Liaison Counsel for the Individual Plaintiffs Proposed 4 Agenda Items for the August 26 Status Conference (Shkolnik, Hunter) (Entered: 08/12/2020)
123 ANSWER to 1175 MOTION to Amend/Correct Class Plaintiffs Motion for 5 Leave to Amend Complaint to Substitute Class Representatives by Veolia North America, Inc.. (Devine, Alaina) (Entered: 08/14/2020)
123 ANSWER to 1175 MOTION to Amend/Correct Class Plaintiffs Motion for 6 Leave to Amend Complaint to Substitute Class Representatives by Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 08/14/2020)
123 ANSWER to 1175 MOTION to Amend/Correct Class Plaintiffs Motion for 7 Leave to Amend Complaint to Substitute Class Representatives by Veolia Water North America Operating Services, LLC. (Devine, Alaina) (Entered: 08/14/2020)
123 ANSWER to 1175 MOTION to Amend/Correct Class Plaintiffs Motion for 8 Leave to Amend Complaint to Substitute Class Representatives Fifth Consolidated Amended Complaint by Leo A. Daly Company. (Erickson, Philip) (Entered: 08/17/2020)
123 ANSWER to 1175 MOTION to Amend/Correct Class Plaintiffs Motion for 9 Leave to Amend Complaint to Substitute Class Representatives Plaintiffs' Fifth Consolidated Amended Complaint by Lockwood, Andrews &

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Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 08/17/2020)
124 AGENDA FOR AUGUST 26, 2020 STATUS CONFERENCE; and 0 Setting Next Status Conference set for 9/30/2020 02:00 PM before District Judge Judith E. Levy, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/20/2020)
124 NOTICE TO APPEAR BY VIDEO CONFERENCE: STATUS 1 CONFERENCE set for 8/26/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/95495526678?pwd=NmFEUml4Z2xPY2ZqczZFNWgxd GNZQT09 Passcode: 978253 Or iPhone one-tap : US: +13017158592,,95495526678#,,,,,,0#,,978253# or +13126266799,,95495526678#,,,,,,0#,,978253#| (WBar) (Entered: 08/20/2020)
124 NOTICE of Appearance by Mark R. Ter Molen on behalf of Veolia North 2 America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Ter Molen, Mark) (Entered: 08/21/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Video Status Conference held on 8/24/2020, (Court Reporter: Darlene May) (WBar) (Entered: 08/25/2020)
124 ATTORNEY APPEARANCE: Elizabeth C. Thomson appearing on behalf 3 of Tamara Nappier Notice of Limited Appearance of Elizabeth C. Thomson (Attachments: # 1 Exhibit) (Thomson, Elizabeth) (Entered: 08/26/2020)
124 ATTORNEY APPEARANCE: Matthew J. Turchyn appearing on behalf of 4 Tamara Nappier Notice of Limited Appearance of Matthew J. Turchyn (Attachments: # 1 Exhibit) (Turchyn, Matthew) (Entered: 08/26/2020)
124 ATTORNEY APPEARANCE: Patricia A. Stamler appearing on behalf of 5 Tamara Nappier Notice of Limited Appearance of Patricia A. Stamler (Attachments: # 1 Exhibit) (Stamler, Patricia) (Entered: 08/26/2020)
124 NOTICE of Appearance by Wayne Brian Mason on behalf of Leo A. Daly 6 Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Mason, Wayne) (Entered: 08/26/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Video Status Conference held on 8/26/2020 (Court Reporter: Darlene May) (WBar) (Entered: 08/27/2020)

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124 ORDER REGARDING MATTERS DISCUSSED AT THE AUGUST 26, 7 2020 STATUS CONFERENCE. Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/28/2020)
Minute Entry for proceedings before District Judge Judith E. Levy: Video Status Conference held on 8/28/2020 (Court Reporter: Darlene May) (WBar) (Entered: 08/28/2020)
124 AGENDA FOR VIDEO CONFERENCE TO BE HELD ON SEPTEMBER 8 2, 2020, Signed by District Judge Judith E. Levy. (WBar) (Entered: 08/28/2020)
124 NOTICE TO APPEAR BY VIDEO CONFERENCE: Conference 9 regarding discovery and other case management-related issues set for 9/2/2020 02:00 PM before District Judge Judith E. Levy |Zoom Webinar Information: https://zoom.us/j/95569596778?pwd=ZUY2amZNdXB1WUc4NkpieENrS VhiQT09 Passcode: 238174 Or iPhone one-tap : US: +13017158592,,95569596778#,,,,,,0#,,238174# or +13126266799,,95569596778#,,,,,,0#,,238174#| (WBar) (Entered: 08/28/2020)
125 TRANSCRIPT of Status Conference held on August 26, 2020. (Court 0 Reporter: Darlene K. May) (Number of Pages: 55) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/21/2020. Redacted Transcript Deadline set for 9/30/2020. Release of Transcript Restriction set for 11/30/2020. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 08/30/2020)
125 Corrected Version of 1250 TRANSCRIPT of Status Conference held on 1 August 26, 2020 to add certificate page. Release of Transcript Restriction set for 11/30/2020. (May, D) (Entered: 08/30/2020)
125 STIPULATION to Stay State Defendants and MDEQ Defendants by 2 Andrew Dillon, Nick Lyon, RICHARD D SNYDER, State of Michigan, Eden Wells (Bettenhausen, Margaret) (Entered: 08/31/2020)
TEXT-ONLY ORDER Granting 1252 Stipulation to Stay. Signed by District Judge Judith E. Levy. (WBar) (Entered: 09/01/2020)
125 NOTICE of Appearance by Leslie M. Kroeger on behalf of Cohen Milstein 3 Sellers & Toll PLLC. (Kroeger, Leslie) (Entered: 09/02/2020)

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Minute Entry for proceedings before District Judge Judith E. Levy: Video Discovey Status Conference held on 9/2/2020 (Court Reporter: Darlene May) (WBar) (Entered: 09/02/2020)
125 SPECIAL MASTER REPORT ORDER REGARDING TEMPORARY 4 ADJUSTMENT TO DATA COLLECTION ORDER DEADLINES by Deborah E. Greenspan (Greenspan, Deborah) (Entered: 09/02/2020)

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 5:16-cv-10444-JCO-MKM Doc # 1 Filed 02/08/16 Pg 1 of 53 Pg ID 1
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

LUKE WAID AND MICHELLE RODRIGUEZ, individually and as next friends of one minor child, SOPHIA RODRIGUEZ-WAID;
Plaintiffs,
v.
GOVERNOR RICHARD DALE SNYDER, in his official capacity, and the STATE OF MICHIGAN for prospective relief only; DANIEL WYANT, LIANE SHEKTER SMITH, ADAM ROSENTHAL, STEPHEN BUSCH, PATRICK COOK, MICHAEL PRYSBY, BRADLEY WURFEL all in their individual capacities; DARNELL EARLEY, GERALD AMBROSE, DAYNE WALLING, HOWARD CROFT, MICHAEL GLASGOW and DAUGHERTY JOHNSON in their individual and official capacities, and the CITY OF FLINT, a municipal corporation, jointly and severally,
Defendants.

CASE NO. 16 – HON.

______________________________________________________________________________

NAPOLI SHKOLNIK PLLC By: /s/ Paul J. Napoli Paul J. Napoli, Admission Pending Hunter Shkolnik, Admission Pending 1301 Avenue of the Americas, Tenth Floor New York, NY, 10019 (212) 397-1000 pnapoli@napolilaw.com hunter@napolilaw.com

MCKEEN & ASSOCIATES, P.C. By: /s/ Brian J. Mckeen Brian J. McKeen, #P34123 McKeen & Associates, P.C. 645 Griswold Street Detroit, MI, 48226 (313) 961-4400 bjmckeen@mckeenassociates.com

5:16-cv-10444-JCO-MKM Doc # 1 Filed 02/08/16 Pg 2 of 53 Pg ID 2
SLATER SLATER SCHULMAN LLP By: /s/ Adam Slater Adam P. Slater, Admission Pending Jonathan E. Schulman, Admission Pending 909 Third Avenue, Twenty Eighth Floor New York, NY, 10022 (212) 922-0906 aslater@sssfirm.com jschulman@sssfirm.com
COMPLAINT FOR MONEY DAMAGES, INJUNCTIVE AND DECLARATORY RELIEF WITH RELIANCE ON JURY DEMAND FOR
VIOLATIONS OF THE SAFE DRINKING WATER ACT INTRODUCTION
“No safe blood level in children has been identified. Lead exposure can affect nearly every system in the body.”
National Cancer for Environmental Health, Division of Emergency and Environmental Health Services
1. Plaintiffs seek recovery from Defendants for injuries, damages and
losses suffered by the Plaintiffs, each of whom suffered injuries as a result of exposure
to the introduction of lead and other toxic substances from Defendants’ ownership,
use, management, supervision, storage, maintenance, disposal and release of highly
corrosive water from the Flint River into the drinking water of Flint, Michigan. At
critical times including during gestation and her developmental years, the minor
plaintiff has been exposed to damaging levels of lead and other toxic substances.
Plaintiffs’ damages and losses include, but are not limited to, physical and
psychological injuries, learning and other permanent disabilities, weight loss, stunted 2

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growth, anemia, headaches, abdominal and other pain, mental anguish, emotional distress, the cost of medical, educational, and rehabilitation expenses, and other expenses of training and assistance, and loss of income and earning capacity.
2. Plaintiffs, at the time of sustaining the injuries complained of herein, have been the owners, lessees and/or occupants of certain real property located in Flint, Michigan, that received highly corrosive and contaminated water pumped from the Flint, River.
3. In 2014, Defendants discovered that dangerous levels of lead were leaching into Flint’s drinking water. Not only did Defendants fail to take any measures to eliminate this danger, as required by federal law, but they actually took affirmative steps to downplay the severity of the contamination from its citizens. In so doing, Defendants negligently and recklessly exposed the entire population of Flint, including Plaintiffs, to devastating and irreversible health problems.
4. Due to the negligent, willful, and/or wanton actions of Defendants, an unknown quantities of toxic chemicals, including but not limited to lead particles, have been released into the public drinking water supply relied upon by the entire City of Flint, and, most importantly, the Plaintiffs herein.
5. Upon information and belief, Defendants, who were acting under the color of law, deprived Plaintiffs of their rights under the 14th Amendment to the United States Constitution. Specifically, Defendants deprived Plaintiffs of life, liberty and property without due process of law when the decision to switch to the Flint River
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was made, thus providing Plaintiffs with toxic and unsafe water. 6. The health effects of lead poisoning are well known. The CDC has noted
that: “No safe blood level in children has been identified. Even low levels in blood have been shown to affect IQ, ability to pay attention, and academic achievement.” Lead impacts nearly every organ and system in the human body. Lead causes multitudinous and serious injuries to the nervous system, which can lead to convulsions, coma and brain death. It causes learning and behavioral disorders, memory loss, nausea, anemia, hearing loss, fatigue, colic, hypertension, and myalgia. Moreover, children under the age of 6 years old are more susceptible to the toxic effects of lead than are adults since the brain and central nervous system are not completely developed.
7. Defendants failure to remediate the lead crisis they caused by switching to the Flint River violated the constitutional rights of Plaintiffs by acting in a manner that shocks the conscience of the Plaintiffs.
8. Plaintiffs allege that, as a direct result of Defendants’ reckless, negligent, and grossly negligent conduct, they were exposed to hazardous and toxic substances from the Flint River that were released by Defendants into the environment. Plaintiffs further allege that, as a direct result of Defendants’ reckless, negligent and grossly negligent conduct, Plaintiffs have inhaled, ingested or otherwise absorbed such hazardous and toxic substances into their bodies, and that this exposure to these substances directly and proximately caused Plaintiffs’ injuries.
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9. Plaintiffs allege that, as a direct result of Defendants’ reckless, negligent and grossly negligent conduct, Plaintiffs were directly exposed to hazardous and toxic substances known to cause disease, and that this exposure caused or contributed to Plaintiffs’ injuries. Therefore, the doctrine of joint and several liability should be extended to apply to each Defendant herein.
10. As a direct and proximate result of the Defendants’ conduct, Plaintiffs have suffered injuries and currently suffer and will continue to suffer damages and losses which include, but are not limited to, physical and psychological injuries, learning and other permanent disabilities, pain, mental anguish, emotional distress, the loss of household services, the cost of medical, educational and rehabilitation expenses and other expenses of training and assistance, and loss of earnings, income, and earning capacity. Such injuries, damages and loses are reasonably likely to continue to occur in the future.
THE PARTIES: PLAINTIFFS 11. Plaintiff Luke Waid, individually and as next of friend to one minor child, has resided at 4306 Ogema Avenue in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Waid, Plaintiff Rodriguez, and the minor child living with him continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
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12. Plaintiff Michelle Rodriguez, individually and as next of friend to one minor child, has resided at 4306 Ogema Avenue in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Rodriguez and the minor child living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
13. Plaintiff Waid and Plaintiff Rodriguez are parents and next of friend of one minor child “Sophia Rodriguez-Waid”, age 2.
14. The Waid/Rodriguez family, at all relevant times, lived in a single family home at 4306 Ogema Avenue, Flint, Michigan.
15. At all relevant times, members of the Waid/Rodriguez family, unaware of toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led Plaintiffs to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, Plaintiffs continued to use and rely upon Flint’s water.
16. As a proximate result of Defendants’ actions, as set forth herein, Plaintiffs have experienced serious physical and emotional injury due to their exposure to the toxic water, including but not limited to:
a. Psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder, physical manifestations of emotional distress, and an inability to cope with normal stress. 6

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17. As a proximate result of Defendants’ actions, as set forth herein, Sophia
Rodriguez-Waid has experienced serious physical and emotional injury due to her
exposure to the toxic water, including but not limited to:
a. heightened levels of lead in her blood; b. inability to sleep at night; and c. excessive crying and irritability b. high levels of lead and copper in their bloodstreams, brains, bones
and other organs; c. skin rashes and other skin problems; d. digestive problems; e. infections; f. sleeping disorders; g. neurological disorders such as “brain fog”, seizure like convulsions,
vison loss, memory loss; and d. psychological disorders such as depression, chronic anxiety, post-
traumatic stress disorder, physical manifestations of emotional distress, and an inability to cope with normal stress;
18. Plaintiff Luke Waid and Plaintiff Michelle Rodriguez have experienced
property damage from Flint’s use of corrosive Flint River water including but not
limited to destruction of service pipe lines and loss in property value.
THE PARTIES: DEFENDANTS
19. All individually named Defendants are sued in their individual and/or
official capacities as indicated below.
20. When reference is made in this Complaint to any act or omission of any
of the Defendants, it shall be deemed that the officers, directors, agents, employees or
representatives of the Defendants committed or authorized such act or omission, or
failed to adequately supervise or properly control or direct their employees while 7

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engaged in the management, direction, operation or control of the affairs of Defendants, and did so while acting within the scope of their duties, employment or agency.
21. The term “Defendant” or “Defendants” refers to all Defendants named herein jointly and severally.
22. Upon information and belief, each of the Defendants are responsible, negligently, intentionally and/or in some actionable manner, for the events and happenings referred to herein, and caused and continue to cause injuries and damages legally thereby to Plaintiffs, as alleged, either through each Defendant's own conduct or through the conduct of their agents, servants or employees, or due to the ownership, maintenance or control of the instrumentality causing them injury, or in some other actionable manner.
23. Defendant RICHARD DALE SNYDER is sued in his official capacity as Governor of the State of Michigan. At all times relevant hereto, Defendant Snyder was acting individually and in his official capacity as State Governor and top policymaker for the State of Michigan.
24. Defendant STATE OF MICHIGAN is sued in its capacity of operating the Michigan Department of Environmental Quality (“MDEQ”). At all times relevant hereto, Defendant State of Michigan is sued in its capacity as manager of the environmental agency tasked with protecting the environment and the residents of Michigan from environmental dangers.
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25. Defendant DANIEL WYANT (“Wyant”) is sued in his official capacity as Director of MDEQ. At all times relevant hereto, Defendant Wyant was acting individually and in his official capacity of Director of MDEQ and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
26. Defendant LIANE SHEKTER SMITH (“Smith”) is sued in her official capacity as Chief of the Office of Drinking Water and Municipal Assistance for MDEQ. At all time relevant hereto, Defendant Smith was acting individually and in her official capacity as Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, and is sued for her participation in causing the Flint water crisis that continues to harm Plaintiffs.
27. Defendant ADAM ROSENTHAL (“Rosenthal”) is sued in his official capacity as a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. At all times relevant hereto, Defendant Rosenthal was acting individually and in his official capacity as a Water Quality Analyst, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
28. Defendant STEPHEN BUSCH (“Busch”) is sued in his official capacity as District Supervisor assigned to the Lansing District Office of the MDEQ. At all times relevant hereto, Defendant Busch was acting individually and in his official capacity as District Supervisor, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
29. Defendant PATRICK COOK (“Cook”) is sued in his official capacity as 9

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a Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. At all times relevant hereto, Defendant Cook was acting individually and in his official capacity as a Water Treatment Specialist, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
30. Defendant MICHAEL PRYSBY (“Prysby”) is sued in his official capacity as the Engineer assigned to District 11 (Genesee County) of the MDEQ. At all times relevant hereto, Defendant Prysby was acting individually and in his official capacity as Engineer, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
31. Defendant BRADLEY WURFEL (“Wurfel) is sued in his official capacity as Director of Communications for MDEQ. At all times relevant hereto, Defendant Wurfel was acting individually and in his official capacity as a Director of Communications for MDEQ, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
32. Defendant DARNELL EARLEY (“Earley”) is sued in his official capacity as the Emergency Financial Manager. Defendant Early was appointed by Defendant Snyder, and served as Emergency Manager to the City of Flint from November 1, 2013 until January 12, 2015. At all times relevant hereto, Defendant Earley was acting individually and in his official capacity as Emergency Manager, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
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33. Defendant GERALD AMBROSE (“Ambrose”) is sued in his official capacity as the Emergency Financial Manager. Defendant Ambrose was appointed by Defendant Snyder, and served as Emergency Manager t o the City of Flint from January 13, 2015 until April 28, 2015. At all times relevant hereto, Defendant Ambrose was acting individually and in his official capacity as Emergency Manager, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
34. Defendant DAYNE WALLING (“Walling”) is sued in his official capacity as the Mayor of Flint. Defendant Walling served as Mayor from August 4, 2009 until November 9, 2015. At all times relevant hereto, Defendant Walling was acting individually and in his official capacity as a Mayor of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
35. Defendant HOWARD CROFT (“Croft”) is sued in his official capacity as Director of Public Works for the City of Flint. At all times relevant hereto, Defendant Croft was acting individually and in his official capacity as a Director of Public Works for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
36. Defendant MICHAEL GLASGOW (“Glasgow”) is sued in his official capacity as Utilities Administrator for the City of Flint. At all times relevant hereto, Defendant Glasgow was acting individually and in his official capacity as Utilities Administrator for the City of Flint, and is sued for his participation in causing the Flint
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water crisis that continues to harm Plaintiffs. 37. Defendant DAUGHERTY JOHNSON (“Johnson”) is sued in his official
capacity as Utilities Administrator for the City of Flint. At all times relevant hereto, Defendant Johnson was acting individually and in his official capacity as Utilities Administrator for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs.
38. Defendant CITY OF FLINT is sued as the owner and operator of the public water system that provides potable water to the residents of Flint. At all times relevant hereto, Defendant City of Flint is sued for its participation in causing the Flint water crisis that continues to harm Plaintiffs. JURISDICTION AND VENUE
39. This is a civil action brought pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief together with monetary damages against Defendants for violation of the Fourteenth Amendment of the United States Constitution.
40. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, for cases concerning federal questions; 28 U.S.C. § 1343(a)(3) and (4), for civil rights actions; and 28 U.S.C. § 2201, the Declaratory Judgment Act.
41. Venue is proper in this Court because Plaintiffs’ claims arose in this judicial district, in Flint, Genesee County, pursuant to 28 U.S.C. §§ 102, 1391(b).
RELEVANT FACTS 42. The City of Flint is the largest city in Genesee County Michigan, and is
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located 66 miles northwest of Detroit. There are approximately 100,000 residents in Flint, making it the one of the largest cities in Michigan.
43. Flint has experienced several financial emergencies over the past two decades, and recorded a total debt of nearly $30 million during its first declared financial emergency 2002.
44. In the fall of 2011, Defendant Snyder declared a second financial emergency in Flint and appointed Michael Brown as emergency manager to control its financial situation, pursuant to Public Act 436. Pursuant to Public Act 436, after a financial emergency is declared, the city is placed in state receivership, and the appointed emergency manager temporarily supplants the governing body and elected officials of the city.
45. While in state receivership and under the control of emergency manager Michael Brown, Defendant City of Flint faced crucial decisions about the future of its drinking water supply.
46. For over five decades, Flint purchased treated drinking water from the Detroit Water and Sewerage Department (“DWSD”).
47. In response to rising water rates and a financial crisis, on March 25, 2013, the Flint City Council approved a resolution to leave the DWSD, and became a partner with the Karegnondi Water Authority (“KWA”), which was scheduled to become operational in 2016.
48. The KWA is a newly formed municipal water supply system, which 13

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planned on constructing a direct water distribution pipeline (the “Huron Pipeline”) from Lake Huron to several Michigan counties, including Genesee County, the county Flint is located.
49. With the City of Flint’s water supply contract set to expire in April 2014, the City faced a nearly two year gap in providing water to its residents.
50. The Emergency Manager refused to negotiate a short-term contract with DWSD, and alternatively selected the Flint River as the interim primary drinking water source to be used until the Huron Pipeline was set to be completed.
51. The use of the Flint River as a source of primary drinking water had been contemplated by the City, but a 2011 study rejected use of the Flint River due to costs associated with updating the Flint Water Treatment Plant that would bring Flint River water into compliance with federal and state drinking water standards, which was estimated to be in the tens of millions of dollars.
52. Despite this study, the decision was made to provide Flint residents with insufficiently treated water from the Flint River. The switch was set to begin by spring 2014.
53. On April 16, 2013, the Emergency Manager signed the contract to make the move to the KWA, and the DWSD provided notice of termination the next day.
54. Before the City of Flint began pumping Flint River water into resident’s systems, the MDEQ was required under the Safe Drinking Water Act’s Lead and Copper Rule, 40 CFR Part 141, Subpart I §§ 141.80-91 (the “Lead and Copper Rule”
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or “LCR”), to approve use of the Flint River as a new source of water for Flint’s nearly 100,000 residents.
55. Despite their knowledge of the corrosiveness of Flint River water, and the lack of corrosion controls and treatment in place, the switch was approved by MDEQ in April, 2014.
56. Thereafter, on April 25, 2014, the City of Flint officially turned off the DWSD line and began pumping Flint River water into the Flint system
57. Upon information and belief, Defendants knew of the 2011 feasibility report for the Flint River when the switch was made.
58. Upon information and belief, Defendants knew that the necessary anticorrosion controls (such as the use of phosphate) were not in place to treat the water at the Flint Water Treatment Plant.
59. In the weeks and months after the switch to the Flint River was made, Flint water users, accustomed to decades of safe, clean and fresh water via DWSD, began noticing the water had at times been cloudy, discolored, and foul smelling.
60. Dozens of residents reported unusual side effects such as hair loss, nausea, and skin rashes, after drinking or otherwise using the water in any residential capacity.
61. After water samples tested positive for fecal coliform bacteria (“E.coli”) in August and September 2014, Defendants issued three boil water advisories, urging residents to boil water not just for drinking, but for making ice, brushing teeth,
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washing dishes, and preparing food. 62. In an attempt to combat the sudden presence of E.coli, Defendants began
treating the Flint water supply with trihalomethanes (“TTHM”), a chlorine disinfectant byproduct that is intended to kill dangerous pathogens, but can also cause deadly health problems.
63. The use of TTHM caused the City of Flint to violate federal standards under the Safe Drinking Water Act (“SDWA”) for nearly eight months - from January 2015 until August 2015. As a result of the violations, the City of Flint was required as a matter of federal law to send residents warning notices regarding the illegal TTHM levels.
64. In an attempt to reduce TTHM levels, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter.
65. Within a few weeks of the issuance of the TTHM notice, Flint City Council members approached Emergency Manager Defendant Earley, demanding a reasonable response to the health risks, namely that the City of Flint should reconnect with Detroit water. Defendant Earley refused to act as requested by members of the City Council.
66. Despite these early warning signs of a potential water crisis, in October 2014, the MDEQ minimized the issue and blamed cold weather, aging pipes, and a declining population for the poor water quality Flint’s residents were reporting.
67. During the first half of 2015, Flint residents continuously expressed their 16

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concerns about water quality to Flint and MDEQ officials. 68. Between July and December 2014, the City conducted the first of two
rounds of six month lead sampling under the Lead and Copper Rule. 69. The City conducted the second of two rounds of six month lead sampling
under the Lead and Copper Rule between January and June 2015. The two rounds of sampling showed that the levels of lead in the City’s public water supply were rapidly rising.
70. In January 2015, representatives of the DWSD offered to waive the $4 million reconnection fee in an effort to bring safe water to Flint’s residents again. However, Defendant Early rejected this proposal.
71. On January 13, 2015, Defendant Earley was replaced as Emergency Manager by Defendant Ambrose. On January 29, 2015, DWSD again offered to reconnect Flint to the Detroit system. However, Emergency Manager Ambrose rejected this offer, and continued to offer false assurances regarding the safety of Flint’s water to the residents of Flint.
72. In a February 3, 2015 internal memo prepared for Defendant Snyder, Defendants attempted to downplay the severity of the water crisis, stating - “It’s clear the nature of the threat was communicated poorly. It’s also clear that folks in Flint are concerned about other aspects of their water – taste, smell, and color being among the top complaints.”
73. On or about April 24, 2015, MDEQ notified Region 5 of the 17

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Environmental Protection Agency (“EPA”) that the City did not have appropriate corrosion control treatment in place at the Flint Water Treatment Plant. Lead Contamination in Flint’s Water Supply
74. As a result of the corrosivity of Flint River water, the lack of corrosion controls in place, and the decisions by Defendants, Plaintiffs have been exposed to deadly levels of lead in their water.
75. The Center for Disease Control and Prevention has stated that “No safe blood level has been identified.”
76. Lead is introduced into drinking water when highly corrosive water is pumped through aging supply pipes, causing lead to be released from the pipes and into the faucets of users.
77. In an effort to protect the drinking water supply, the EPA published the Lead and Copper Rule in 1991, setting operational standards for pipes, plumbing fittings, fixtures, and solder.
78. Under the Lead and Copper Rule, water systems are required to monitor drinking water at customer taps. If lead concentrations exceed an action level of 15 ppb in more than 10% of customer taps sampled, the system must undertake a number of additional actions to control corrosion, including treatment, monitoring the water, and educating the public about the presence of lead, the adverse health effects posed by lead, the measures being taken to ameliorate the problem, and what consumers can do to minimize their exposure to the lead.
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79. Defendants did not consider how to control the corrosive water from the Flint River before making the switch in 2014, despite having ample knowledge of the potential dangers from the 2011 Flint River Feasibility Report.
80. At the time when the City of Flint began using Flint River water, there was no form of treatment to control corrosion. Instead, Defendants waited until residents began complaining of water quality issues before any form of treatment control was implemented.
81. Pursuant to the Lead and Copper Rule, the City of Flint was to conduct two six-month monitoring periods to test resident’s tap water for the presence of lead. The first period ran from June 2014 – December 2014, with the second covering January 2015 – June 2015.
82. The purpose of this testing under the Lead and Copper Rule is to measure lead levels from a sample set of residential homes, to determine the corrosivity of the City of Flint’s water, in an effort to limit exposure to the residents of Flint.
83. Upon information and belief, improper testing methods were used in an attempt to ensure the average results of the 10% of tested homes remained below the 15 ppb federal action level enumerated under the Lead and Copper Rule.
84. For example, the City of Flint instructed residents to “pre-flush” their taps before collecting the samples for the two six-month monitoring period.
85. The practice of pre-flushing a tap minimizes the lead captured in the sample, and does not provide an accurate measurement of lead levels in the public
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drinking water. 86. Upon information and belief, Defendants knew that Flint residents were
being exposed to elevated levels of lead. Moreover, Defendants knew that misleading and improperly conducted tests were providing false results and assurances to Flint’s residents.
87. On March 25, 2015, the Flint City Council voted to re-connect to DWSD, but Defendant Ambrose rejected this decision, and instead continued to provide toxic water to Flint’s residents.
88. In June of 2015, EPA representative Miguel A. Del Toral (“Toral”) wrote an internal memo expressing his concerns with issues with water coming from the Flint River, and the lack of corrosion controls in place at the Flint Water Treatment Plant. According to Toral’s report, the absence of corrosion control treatment for mitigating lead and copper in the City of Flint’s water system was a major public health concern.
89. Pursuant to the Lead and Copper Rule, large water systems (i.e., those serving greater than 50,000 residents) such as those in the City of Flint, are required to install such corrosion control treatment.
90. Independent investigations of the Flint water crisis were commenced by Professor Marc Edwards (“Professor Edwards”) and other experts from Virginia Tech in 2015.
91. During the summer of 2015, Professor Edwards and his team collected 20

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277 water samples from the faucets of Flint residents, and found that 10% of the samples had lead levels of 25 parts per billion (ppb) - in excess of the federal action level of 15 ppb under the Lead and Copper Rule.
92. Furthermore, independent investigations determined that the Flint River water was nearly 19 times more corrosive than the DWSD water Flint had been purchasing before the switch in April 2014.
93. Despite the mounting evidence of a severe lead contamination problem as a result of the lack of corrosion control measures, Defendants continued to tell residents that Flint’s water was safe for consumption.
94. In August of 2015, Dr. Mona Hanna-Attisha MD (“Dr. Mona HannaAttisha”) of Hurley Hospital released a report which showed a dramatic increase in Flint children with elevated lead levels in the blood. The timing of this spike directly correlated with the time of exposure to the highly corrosive Flint River water beginning April 2014.
95. According to Dr. Hanna-Attisha’s findings, the number of Flint children under the age of 5 with elevated lead levels in their blood doubled after the switch, rising from 2.1% to 4.0%. Moreover, blood test results of infants (15 months or less) showed an increase from 1.0% to 2.5%, post-switch.
96. On October 1, 2015, Genesee County Health Officials issued a public health emergency urging Flint residents not to drink the tap water.
97. On October 2, 2015, State officials announced that the State of Michigan 21

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would provide water filters to Flint water users in an attempt to minimize the water crisis.
98. Flint’s Technical Advisory Committee, a blue ribbon committee appointed to make recommendations aimed at improving the quality of Flint’s water, recommended on October 7, 2015 that the City of Flint should make the switch back to the DWSD.
99. On October 8, 2015, Defendant ordered the City of Flint to re-connect with the DWSD.
100. On October 19, 2015, Defendant Wyant issued a statement regarding MDEQ’s handling of the Flint water crisis:
It recently has become clear that our drinking water program staff made a mistake while working with the City of Flint. Simply stated, staff employed a federal protocol they believed was appropriate, and it was not. The water testing steps followed would have been correct for a city less than 50,000 people, but not for a city of nearly 100,000. 101. Defendant City of Flint attempted to rebuild the protective coating inside water transmission lines on December 9, 2015, by adding supplemental phosphate to the water. 102. The failure to implement these additional corrosion controls, as required by the Lead and Copper Rule, contaminated Flint’s public water supply with deadly amounts of lead, now damaging Plaintiffs.
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103. On December 14, 2015, Flint Mayor Karen W. Weaver declared a State of Emergency, pursuant to Michigan Emergency Act 390 of 1976.
104. In her Declaration, Mayor Weaver stated “the City of Flint has experienced a Manmade disaster by switching to the use of the Flint River before connecting to KWA…” and “the city of Flint children have experienced increased blood lead levels since the switch to the Flint River.”
105. The Flint Water Advisory Task Force, a team appointed by Defendant Snyder to review the Flint water crisis, released a report on December 29, 2015, placing the primary responsibility on what happened in Flint with MDEQ. Shortly thereafter, Defendants Wyant and Wurfel resigned from their positions at MDEQ as Director and Department Spokesman, respectively.
106. On January 5, 2016, Defendant Snyder declared a State of Emergency, stating “the damaged water infrastructure and leaching of lead into the city’s water caused damage to public and private water infrastructure, and has either caused or threatened to cause elevated blood lead levels, especially in the population of children and pregnant women…”
107. President Barack Obama declared a federal State of Emergency in the city of Flint on January 16, 2016, freeing up $5 million in federal aid to immediately assist with the public health crisis.
108. Plaintiffs continue to be exposed to unsafe water, and will continue to be exposed, until the pipes and services lines that were damaged by the corrosive Flint
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River water are replaced. 109. The presence of the contaminants in Plaintiffs’ environment and on
Plaintiffs’ properties has resulted in permanent and continuing harm to Plaintiffs’ persons and properties.
110. Due to the Defendants’ negligent decisions explained of herein, Defendants’ failure to avoid the release of contaminants into Plaintiffs’ water supply, Defendants’ failure to adequately warn Plaintiffs of the condition damaging their properties and impacting their health, and Defendants’ failure to act reasonably in eliminating, correcting, and/or remediating the condition, Defendants, and each of them individually, were and are obligated to institute reasonable care and compensation plans to halt, prevent and correct injuries to all Plaintiffs, their physical and mental well-being, their real and personal property, and their economic interests.
111. As residents of the City of Flint, Plaintiffs would be, and are foreseeably and unnecessarily injured by the Defendants’ failure to warn and failure to exercise reasonable care to eliminate, correct, and/or remediate the dangerous condition created and/or maintained by Defendants.
112. Defendants knowingly and negligently released or allowed to be released toxic contaminants into the environment, and/or continue to allow the migration of toxic chemicals into the environment on and around Plaintiffs' properties.
113. Defendants intentionally and/or negligently failed to adequately warn or advise Plaintiffs and other members of the public as to the nature, extent, composition,
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effects, and location of the contamination, the fact that Plaintiffs and their property were being exposed to the contamination, the nature of the contaminants and risks that could change over time, and that exposure to the contamination could likely cause life threatening and permanent adverse health effects.
114. The numerous egregious actions and incidents occurring in the City of Flint caused by Defendants constitute an intentional and/or negligent breach of their duty of reasonable care, and blatant violations of federal and Michigan State law.
115. Defendants, through their negligent and/or reckless acts, have repeatedly and unreasonably invaded each and every Plaintiffs' right to possession and undisturbed occupancy of their residences, and have repeatedly trespassed by causing migration of toxic contaminants onto Plaintiffs' real properties.
116. Defendants, through their negligent and/or reckless acts, have caused continuing damage to Plaintiffs' persons, as well as real and personal properties, and have caused continuous injury to the land values of those Plaintiffs holding real property due to devaluation resulting from negative publicity that has unfairly injured their competitive status in home equity and re-sale value in relation to real property owners similarly situated in areas outside of areas affected by the contamination.
117. Plaintiffs have suffered and continue to suffer various types of injuries due to the acts of the Defendants as hereinbefore alleged. Plaintiffs have, due to the acts of all the Defendants, suffered and continue to suffer sudden, repeated and continual invasions of their rights of possession and to undisturbed occupancy of their
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residences and living areas. 118. Due to the acts of the Defendants, Plaintiffs suffered and continue to
suffer stigma damages and injury due to the creation of an unfair, competitive disadvantage by way of diminution of property value as compared with similarly situated unaffected real property. This injury has resulted, in part, from the numerous public interest reports in the printed press concerning the contamination.
119. Plaintiffs have, due to the destructive acts of each of the Defendants, suffered and continue to suffer from the general diminution in the aesthetic qualities of their homes and the area in which they reside, caused by the total compounded effect of all of the above-described circumstances.
120. In order to compensate Plaintiffs for damages suffered due to Defendants' acts, each Plaintiff requires, among other things, that Defendants, and each of them, pay the past and future costs of obtaining necessary medical care, toxicological examinations and diagnoses, and any other medical monitoring necessary in order to ascertain and treat the nature and extent of injuries suffered due to the contamination emanated from the contamination, with Plaintiffs retaining freedom of choice relative to choosing their experts. Many of these costs would not be covered by Plaintiffs' health care insurers, and, even if covered, may unfairly result in increased premiums.
121. Furthermore, Plaintiffs seek compensation for: the diminution in the economic value of their personal and real property; residential water testing and
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monitoring; cleanup, removal and remediation of any and all contamination of Plaintiffs' properties, including the costs of investigation and testing of Plaintiffs' properties; repairs to real property damaged by Defendants; other damages; and attorneys' fees and costs as allowed by law, and any other compensation this court deems just.
122. Furthermore, Plaintiffs seek injunctive relief as allowed by law and required by justice, including, but not limited to, an order compelling Defendants to take specific actions to cleanup, remediate, and/or correct the contamination, and any other action this court deems just. Fear of Cancer
123. Plaintiffs have a justifiable and actual fear of developing cancer as a result of said exposure. With reasonable probability, the prospective, feared, and anticipated consequences may be expected to flow from the past harm.
124. Plaintiffs will incur future expenses for medical monitoring and, as a result, seek payment of their related medical expenses as an element of the consequential damages.
125. The degree of probability that the Plaintiffs will develop cancers is such that there is a reasonable certainty that such cancers will develop at some future date, thus entitling plaintiffs to recover from Defendants for apprehended consequences that are not presently manifested.
126. A rational basis exists between Plaintiffs’ exposure to the above27

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described toxins and contaminants, and Plaintiffs’ currently manifested fear of developing cancer in the future.
Medical Monitoring 127. As a direct and proximate result of the Defendants’ acts, omissions, and
conduct as set forth in this Complaint, Plaintiffs have suffered and continue to suffer a significantly increased risk of contracting a serious injury or latent disease, including, but not limited to, several forms of cancer, respiratory ailments, gastrointestinal ailments, sleep disturbance, and physical stress. This increased risk makes periodic diagnostic medical examinations reasonably necessary to establish a "baseline" status of the Plaintiffs’ health and to monitor their status for changes and progressions in their injuries and their sequelae.
128. Early detection and diagnosis of these diseases is clinically invaluable as early detection and diagnosis can prevent, reduce, and/or significantly delay resulting discomfort, suffering, disability, and dysfunction, and/or death. Furthermore, these conditions can often appear asymptomatic absent proper testing until they have progressed to an untreatable, permanent, and/or terminal state.
129. Easily administered, cost-effective monitoring and testing procedures exist that make the early detection and treatment of such injuries or diseases possible and beneficial. For example, administration of these readily available non-invasive tests can easily and accurately diagnose the presence of liver failure, respiratory
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ailments, and heart dysfunction, even in asymptomatic individuals. Early diagnosis of these diseases and conditions will allow prompt and effective treatment and will reduce the risk of morbidity, and mortality, from which these Plaintiffs would suffer if diagnosis and/or treatment were delayed until their conditions became overtly symptomatic.
130. The recommended testing procedures will be subject to expert testimony at the time of trial.
131. Plaintiffs are at a high risk for latent and progressive respiratory injuries and therefore need to undergo testing. Plaintiffs also need the availability of noninvasive testing as a diagnostic tool and method of treatment in order to prevent untreated and unabated progression of latent injuries, which will result in even more grave injuries and consequences.
132. Plaintiffs’ increased susceptibility to certain injuries and the irreparable threat to the their future health and well-being resulting from their exposure to hazardous substances and chemicals in and around their homes, schools, businesses and other public places in the City of Flint can only be mitigated and/or addressed by the creation of a medical program including but not limited to:
a. Notifying Plaintiffs of the potential harm from exposure to the contamination described herein;
b. Funding further studies of the long-term effects of exposure; c. Funding research into possible cures for the detrimental effects of
breathing, living and working near the contaminants and toxicants
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present in the City of Flint as a result of the acts and omissions alleged herein; d. Gathering and forwarding to Plaintiffs’ treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) in and around the City of Flint; e. Aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of Plaintiffs. 132. To the extent that Defendants' actions resulted in the discharge and/or
release of toxic contaminants into Plaintiffs’ drinking water, thereby entering and injuring Plaintiffs’ physical and mental well-being, their real and personal property,
and their economic interests, Defendants are jointly and severally liable for all
damages from contamination in this case.
AS AND FOR A FIRST CAUSE OF ACTION: VIOLATION OF SAFE DRINKING WATER ACT’S NOTIFICATION REQUIREMENTS, 40 C.F.R. § 141.85
133. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation
in the paragraphs numbered 1 though 132 as if fully restated herein.
134. Defendants were given written notice of this violation of the Safe
Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015.
135. Since April 24, 2015, Defendants have violated and continue to violate
the Safe Drinking Water Act by failing to comply with the requirement that water
systems notify customers of the individual results of tap water samples collected and
tested for lead within thirty days after the water system receives the results. 40 C.F.R.
§ 141.85(d)(1), (d)(2).
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136. For all monitoring conducted since the switch to the Flint River was made on April 24, 2015, Defendants have failed to notify Plaintiffs and those residing at each sampling site of the presence of elevate lead levels in the public water supply.
AS AND FOR A SECOND CAUSE OF ACTION: VIOLATION OF SAFE DRINKING WATER ACT’S REQUIREMENT TO OPERATE OPTIMAL CORROISON
CONTROL TREATMENT, 40 C.F.R. § 141.81-.82 137. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 though 136 as if fully restated herein. 138. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015. 139. Since the switch to the Flint River was made on April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to operate and maintain optimal corrosion control treatment. 40 C.F.R. § 141.82(g). 140. Defendants have failed to maintain optimal corrosion control treatment because it did not treat the water being sold to Flint residents with corrosion-inhibiting chemicals to minimize the amount of lead leaching into the public water supply. 141. The absence of optimal corrosion control treatment caused and continues to cause dangerous amounts of lead to enter the public water supply relied upon by Plaintiffs.
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AS AND FOR A THIRD CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983
SUBSTANTIVE DUE PROCESS – STATE CREATED DANGER (as against all Defendants)
142. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation
in the paragraphs numbered 1 though 141 as if fully restated herein.
143. 42 U.S.C. § 1983 provides that:
Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress . . .
144. Plaintiffs in this action are citizens of the United States and all of the
Defendants are persons for purposes of 42 U.S.C. § 1983.
145. All Defendants, at all times relevant hereto, were acting under the color
of law in their individual and official capacity as State and City officials, and their
acts and/or omissions were conducted within the scope of their official duties and
employment.
146. Plaintiffs herein, at all times relevant hereto, have a clearly established
Constitutional right under the Fourteenth Amendment, such that the state may not
deprive a person of life, liberty or property without due process of law.
147. Defendants’ actions and omissions with regard to the switch to the Flint
River, as described herein, were objectively unreasonable in light of the facts and
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circumstances confronting them, and therefore violated the Fourteenth Amendment rights of Plaintiffs.
148. Defendants’ actions and omissions with regard to the switch to the Flint River, as described herein, were also malicious and/or involved reckless, callous, and deliberate indifference to Plaintiffs’ federally protected rights. These actions and omissions shock the conscience and violated the Fourteenth Amendment rights of Plaintiffs.
149. Defendants engaged in the conduct described herein, willfully, maliciously, in bad faith, and in reckless disregard to Plaintiffs’ protected constitutional rights.
150. They did so with shocking and willful indifference to Plaintiffs’ rights and their conscious awareness that they would cause Plaintiffs severe physical and emotional injuries.
151. As proximate result of Defendants’ unlawful conduct, Plaintiffs has suffered actual physical and emotional injuries, and other damages and losses as described herein entitling them to compensatory and special damages, in amounts to be determined at trial. As a further result of Defendants’ unlawful conduct, Plaintiff has incurred special damages, including medically related expenses and may continue to incur further medically and other special damages related expenses, in amounts to be established at trial.
152. Plaintiffs are entitled to an award of non-economic damages in the nature 33

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of pain and suffering, embarrassment, outrage, mental anguish, fear and mortification,
and stress related physical symptoms such as sleepiness, gastro-intestinal discomfort,
neuropathy and similar symptoms.
153. Plaintiffs have experienced property damage to their homes in the nature
of lost property value and seek damages to remediate the permanent damage caused
by the use of corrosive water without proper anti-corrosive treatment.
154. In addition to compensatory, economic, consequential and special
damages, Plaintiffs are entitled to punitive damages against each of the individually
named Defendants under 42 U.S.C. § 1983, in that actions of each of these Defendants
have been taken maliciously, willfully or with a reckless or wanton disregard of the
constitutional rights of Plaintiffs.
AS AND FOR A FOURTH CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983
SUBSTANTIVE DUE PROCESS – BODILY INTEGRITY (as against all Defendants)
155. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation
in the paragraphs numbered 1 though 154 as if fully restated herein.
156. 42 U.S.C. § 1983 provides that:
Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress . . .
157. Plaintiffs in this action are citizens of the United States and all of the 34

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Defendants are persons for purposes of 42 U.S.C. § 1983. 158. All Defendants, at all times relevant hereto, were acting under the color
of law in their individual and official capacity as State and City officials, and their acts and/or omissions were conducted within the scope of their official duties and employment.
159. Plaintiffs herein, at all times relevant hereto, have a clearly established Constitutional right under the Fourteenth Amendment, such that a person has a right to bodily integrity.
160. Defendants violated Plaintiffs’ right to bodily integrity, insofar as Defendants failed to protect Plaintiffs from a foreseeable risk of harm from the lead contaminated water.
161. Defendants knew of the deadly and irreversible medical consequences associated with lead contamination, and their duty to ensure that lead levels in the public water supply remained below the action level enumerated in the Lead and Copper Rule.
162. As a result of Defendants failure to protect Plaintiffs and the Flint drinking water supply from the lead contamination, Plaintiffs suffered bodily harm from their exposure to contaminated water.
163. Defendants’ actions and omissions with regard to the switch to the Flint River, as described herein, were malicious and/or involved reckless, callous, and deliberate indifference to Plaintiffs’ federally protected rights. These actions and
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omissions shock the conscience and violated the Fourteenth Amendment rights of Plaintiffs.
164. Defendants engaged in the conduct described herein, willfully, maliciously, in bad faith, and in reckless disregard to Plaintiffs’ protected constitutional rights.
165. They did so with shocking and willful indifference to Plaintiffs’ rights and their conscious awareness that they would cause Plaintiffs severe physical and emotional injuries.
166. As proximate result of Defendants’ unlawful conduct, Plaintiffs has suffered actual physical and emotional injuries, and other damages and losses as described herein entitling them to compensatory and special damages, in amounts to be determined at trial. As a further result of Defendants’ unlawful conduct, Plaintiff has incurred special damages, including medically related expenses and may continue to incur further medically and other special damages related expenses, in amounts to be established at trial.
167. Plaintiffs are entitled to an award of non-economic damages in the nature of pain and suffering, embarrassment, outrage, mental anguish, fear and mortification, and stress related physical symptoms such as sleepiness, gastro-intestinal discomfort, neuropathy and similar symptoms.
168. Plaintiffs have experienced property damage to their homes in the nature of lost property value and seek damages to remediate the permanent damage caused
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by the use of corrosive water without proper anti-corrosive treatment. 169. In addition to compensatory, economic, consequential and special
damages, Plaintiffs are entitled to punitive damages against each of the individually named Defendants under 42 U.S.C. § 1983, in that actions of each of these Defendants have been taken maliciously, willfully or with a reckless or wanton disregard of the constitutional rights of Plaintiffs.
AS AND FOR A FIFTH CAUSE OF ACTION: NEGLIGENCE
(as against all Defendants) 170. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 though 169 as if fully restated herein. 171. Defendants, and each of them, breached their duty of reasonable care which a reasonably prudent person should use under the circumstances, by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead. 172. Defendants, and each of them, as owner and operator of a Flint water supply that provided its residents with usable water, owed Plaintiffs a cognizable duty to exercise reasonable care in providing Plaintiffs with safe drinking water and the maintenance of their tools and equipment used for such acts. 173. Defendants, and each of them, negligently, gross negligently, recklessly, willfully, wantonly, and/or intentionally created the immediate and continuing contamination of drinking water in and around Plaintiffs’ real property.
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174. Upon learning of the release of the contaminants, Defendants owed Plaintiffs a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs and their property and/or to act reasonably to minimize the damage to Plaintiffs and their property.
175. Defendants breached that duty by failing to act reasonably in providing Plaintiffs usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
176. Defendants breached that duty by failing to timely notify the Plaintiffs of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in Plaintiffs’ homes and rental properties.
177. As a result of Defendants’ breaches of their duty to timely notify the Plaintiffs, Plaintiffs were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
178. Defendants negligently breached their duties to the Plaintiffs to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, Plaintiffs’ homes and rental properties.
179. Defendants willfully and wantonly breached their legal duty to properly 38

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remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
180. Defendants’ breaches of their duties were direct and proximate causes of Plaintiffs’ damages and the imminent, substantial and impending harm to Plaintiffs’ homes, rental properties and health.
181. Defendants owed each and every one of these Plaintiffs a duty to warn Plaintiffs that the aforementioned contamination of Flint’s water supply might occur.
182. Defendants breached that duty by failing to warn the Plaintiffs of the likelihood of lead and other toxic chemicals contaminating the Flint water supply, and, consequently, Plaintiffs’ homes and rental properties.
183. As a result of Defendants’ breaches of their duty to warn the Plaintiffs, the Plaintiffs were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
184. Plaintiffs suffered foreseeable injuries and damages as a proximate result of said Defendants’ negligent breach of their duties as set forth above. At the time Defendants breached their duties to Plaintiffs, Defendants’ acts and/or failures to act posed recognizable and foreseeable possibilities of danger to Plaintiffs so apparent as to entitle Plaintiffs to be protected against such actions or inactions.
185. Accordingly, Plaintiffs seek damages from Defendants, in an amount to 39

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be determined at trial, directly resulting from the their injuries in a sufficient amount to compensate them for the injuries and losses sustained and to restore Plaintiffs to their original position, including, but not limited to the difference between the current value of their properties and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injuries to persons, and consequential damages flowing from the trespass which are the natural and proximate result of Defendants conduct in an amount to be proved at trial. AS AND FOR A SIXTH CAUSE OF ACTION: NUISANCE (as against all Defendants)
186. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 though 186 as if fully restated herein.
187. Defendants' wrongful actions in the creation of the contamination, maintenance of their land and water facilities, and failure to reasonably abate, minimize and/or remediate the contamination resulted in the presence of the contaminants in Plaintiffs’ persons and/or on Plaintiffs' properties, the creation of noxious odors, and the risk of injuries, and/or annoys Plaintiffs in their enjoyment of their legal rights and quality of life. Such conditions constitute an ongoing specific, particular and unique burden on the Plaintiffs' persons and their property.
188. Such wrongful acts by Defendants in the maintenance and use of their land and the failure to remediate the contamination was and is a foreseeable and proximate cause of injury, discomfort, annoyance, inconvenience, and/or damage to
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Plaintiffs themselves and their property. 189. Defendants' conduct is the legal cause of the intentional, unreasonable,
negligent, and/or reckless invasion of Plaintiffs' interests in the private use and enjoyment of their land. Such actions' tendency is to create danger and inflict injury upon person and property.
190. Defendants' conduct in performing acts or failing to act has caused one or more substantial, unreasonable, and intentional interference with Plaintiffs' right to use and enjoy their property as discussed above.
191. Accordingly, Plaintiffs seek general damages from Defendants, in an amount to be determined at trial, directly resulting from the their injuries in a sufficient amount to compensate them for the injuries and losses sustained by Plaintiffs and to restore Plaintiffs to their original position, including, but not limited to the difference between the current value of their properties and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, and direct and consequential damages flowing from the nuisance and trespass which are the natural and proximate result of Defendants’ conduct in an amount to be proved at trial.
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AS AND FOR A SEVENTH CAUSE OF ACTION: TRESPASS (as against all Defendants)
192. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 though 191 as if fully restated herein.
193. Defendants’ negligent, willful, and/or wanton actions and/or intentional failures to act caused an unknown quantity of contaminants to be released into the drinking water for the City of Flint.
194. Defendants' willful, wanton, and intentional failure to act and/or their affirmative choice of action and following course of action caused the contaminants to enter and trespass upon the land and realty of the Plaintiffs and cause an injury to their possession and/or right of possession.
195. Upon information and belief, Defendants had exclusive control over the facilities providing Plaintiffs water at all relevant times.
196. Defendants took affirmative, voluntary, and intentional actions to provide water to Plaintiffs in an unsafe manner and/or intentionally to release contaminants into Flint’s water supply. Further, after such acts, Defendants undertook affirmative, voluntary, and intentional acts that were insufficient to remedy the condition caused by the release of the contaminants into the water supply.
197. At the time that the above described, affirmative, voluntary, and intentional acts were performed by Defendants, Defendants had good reason to know or expect that highly corrosive water would cause large quantities of contaminants to
42

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be introduced into Plaintiffs’ persons and properties. 198. The above-described affirmative, voluntary, and intentional acts were
performed with the willful intent to cause the contaminants to be disbursed through the water onto the land and property of Plaintiffs.
199. These voluntary actions resulted in the immediate and continued trespass, injury and damage to Plaintiffs, their property and their right of possession of their property.
200. Further, Defendants’ actions in directing the contaminated water into Plaintiffs’ persons and properties were done with actual malice, and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
201. Additionally and/or alternatively, Defendants' decision to delay and the resulting delay in taking any affirmative action to eliminate, correct, and/or remedy the contamination of the water supply after having knowledge and notice of said contamination were done with actual malice, and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
202. Further, Defendants' actions that were patently insufficient to eliminate, correct, and/or remedy the contamination after having knowledge and notice of said contamination were made with actual malice and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
203. Based upon the above, Plaintiffs seek general damages from Defendants, in an amount to be determined at trial, directly resulting from their injuries in a
43

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sufficient amount to compensate them for the injuries and losses sustained by Plaintiffs and to restore Plaintiffs to their original position, including, but not limited to the difference between the current value of the land and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, consequential damages flowing from the trespass which are the natural and proximate result of Defendants conduct, and exemplary or punitive damages. AS AND FOR AN EIGHTH CAUSE OF ACTION: STRICT LIABILITY (as against Defendant CITY OF FLINT)
204. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 though 203 as if fully restated herein.
205. The drinking water provided by Defendant City of Flint was, at all relevant times, an unreasonably dangerous and defective product when used for its advertised and intended purpose.
206. Defendant City of Flint knew, or should have known, that Plaintiffs could not realize and could not detect the dangerous and harmful nature of Flint’s drinking water, and were in no position to implement any form of corrosion control measures.
207. Defendant City of Flint should have, but did not, provide clear warnings as to the dangers associated with its drinking water.
208. As a result of Defendant City of Flint’s marketing and promotion of said 44

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defective and unreasonably dangerous drinking water, Plaintiffs were unreasonably exposed to toxic drinking water and have suffered injuries, losses and damages.
209. By reason of having marketed and promoted its drinking water in its defective and unreasonably dangerous condition, Defendant City of Flint is strictly liable to Plaintiffs. AS AND FOR A NINTH CAUSE OF ACTION: MEDICAL MONITORING (as against all Defendants)
210. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 though 209 as if fully restated herein.
211. At all relevant times herein, Defendants owed a duty to Plaintiffs to ensure the adequate processing, transportation, and storage of potable drinking water to the residents of the City of Flint.
212. The significantly increased risks associated with exposure to these hazardous and toxic contaminants, including but not limited to lead, make periodic diagnostic medical examinations reasonable and necessary.
213. Easily administered, cost effective tests are in existence, such that an available medical monitoring program is reasonable and necessary for continued monitoring of diagnosed conditions as well as for early detection of yet to be diagnosed injuries.
214. The reasonableness and necessity of a medical monitoring program is supported by scientific principles, medical literature, and expert opinion.
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215. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complication. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial. AS AND FOR A TENTH CAUSE OF ACTION: GROSS NEGLIGENCE (as against all Defendants)
216. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 through 215.
217. At relevant times, Defendants engaged in providing governmental functions to Plaintiffs.
218. Defendants demonstrated substantial lack of concern as to whether injury would result to Plaintiffs by allowing contaminates to be released into the drinking water of the City of Flint, including, but not limited to, lead.
219. Defendants, and each of them, as owner and operator of a Flint water supply that provided its residents with usable water, owed Plaintiffs a cognizable duty to exercise reasonable care in providing and selling Plaintiffs with safe drinking water and the maintenance of their tools and equipment used for such acts.
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220. Defendants, and each of them, negligently, gross negligently, recklessly, willfully, wantonly, and/or intentionally created the immediate and continuing contamination of drinking water in and around Plaintiffs’ real property.
221. Upon learning of the release of the contaminants, Defendants owed Plaintiffs a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs and their property and/or to act reasonably to minimize the damage to Plaintiffs and their property.
222. Defendants breached that duty by failing to act reasonably in providing and selling Plaintiffs usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
223. Defendants breached that duty by failing to timely notify the Plaintiffs of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in Plaintiffs’ homes and rental properties.
224. As a result of Defendants’ breaches of their duty to timely notify the Plaintiffs, Plaintiffs were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
225. Defendants breached their duties in a grossly negligent manner to the Plaintiffs to ensure that the Flint water supply was safe and sufficiently secure as to
47

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prevent the release of the contaminants into the water facilities and, consequently, Plaintiffs’ homes and rental properties.
226. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
227. Defendants’ breaches of their duties were direct and proximate causes of Plaintiffs’ damages and the imminent, substantial and impending harm to Plaintiffs’ homes, rental properties and health.
228. Defendants owed each and every one of these Plaintiffs a duty to warn Plaintiffs that the aforementioned contamination of Flint’s water supply might occur.
229. Defendants breached that duty by failing to warn the Plaintiffs of the likelihood of lead and other toxic chemicals contaminating the Flint water supply, and, consequently, Plaintiffs’ homes and rental properties.
230. Defendants demonstrated deliberate and/or intentional indifference to the public safety needs of Plaintiffs in violation of their rights under the U.S. Constitution, Michigan Constitutions, and Michigan Statutory and Common Law.
231. Defendants’ actions constituted a willful disregard of precautions and/or measures to attend to safety and a singular disregard for substantial risks.
232. As a result of Defendants’ breaches of their duty to warn the Plaintiffs of the contaminated water supply, the Plaintiffs were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs have expended and/or will
48

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be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ gross negligence for many years into the future.
233. Plaintiffs suffered foreseeable injuries and damages as a proximate result of said Defendants’ grossly negligent breach of their duties as set forth above. At the time Defendants breached their duties to Plaintiffs, Defendants’ acts and/or failures to act posed recognizable and foreseeable possibilities of danger to Plaintiffs so apparent as to entitle Plaintiffs to be protected against such actions or inactions.
234. The aforementioned conduct of Defendants constituted “gross negligence” in avoidance of governmental immunity.
235. The performance of governmental functions constituting gross negligence falls within the exceptions of governmental immunity pursuant to MCL MCL 691.1407.
236. This Complaint is being plead in avoidance of governmental immunity. 237. The Defendants defense of governmental immunity is voidable due to the gross negligence exception and all other relevant exceptions. 238. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complication. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective
49

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monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
239. Accordingly, Plaintiffs seek damages from Defendants, in an amount to be determined at trial, directly resulting from the their injuries in a sufficient amount to compensate them for the injuries and losses sustained and to restore Plaintiffs to their original position, including, but not limited to the difference between the current value of their properties and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injuries to persons, and consequential damages flowing from the trespass which are the natural and proximate result of Defendants conduct in an amount to be proved at trial. AS AND FOR AN ELEVENTH CAUSE OF ACTION: PROPRIETARY FUNCTION (as against all Defendants)
240. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation in the paragraphs numbered 1 through 215.
241. At relevant times, Defendants engaged in proprietary functions, specifically, the sale of potable water to Plaintiffs.
242. Defendants’ primary purpose in the aforementioned facts was to produce a pecuniary profit for the governmental agency.
243. The relevant activities are not normally supported by taxes and fees. 244. The conduct of Defendants constituted “proprietary function” in
50

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avoidance of governmental immunity. 245. The performance of governmental functions constituting proprietary
function falls within the exceptions of governmental immunity pursuant to MCL 691.1413.
246. Defendants demonstrated deliberate and/or intentional indifference to the public safety needs of Plaintiffs in violation of their rights under the U.S. Constitution, Michigan Constitutions, and Michigan Statutory and Common Law during the exercise of proprietary functions.
247. This Complaint is being plead in avoidance of governmental immunity. 248. The Defendants defense of governmental immunity is voidable due to the proprietary function exception and all other relevant exceptions. 249. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complications. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial. PUNITIVE DAMAGES 250. Plaintiffs hereby repeat, reallege, and reiterate each and every allegation
51

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in the paragraphs numbered 1 though 215 as if fully restated herein. 251. Upon information and belief, Defendants engaged in willful, wanton,
malicious, and or/reckless conduct that caused the foregoing property damage, nuisances, and trespasses upon Plaintiffs’ persons and properties, disregarding the rights of Plaintiffs.
252. Defendants’ willful, wanton, malicious, and/or reckless conduct includes but is not limited to:
a. failure to provide safe drinking water to the residents of Flint; b. failure to implement adequate corrosion controls for Flint River water;
and c. underestimating the seriousness of the lead contamination in Flint’s
water system. 253. Defendants have caused great harm to Plaintiffs’ property and water supplies and demonstrated an outrageous conscious disregard for Plaintiffs’ safety with implied malice, warranting the imposition of punitive damages. PRAYER FOR RELIEF WHEREFORE, this Complaint is being plead in avoidance of governmental immunity and the Defendants defense of governmental immunity is voidable due to the proprietary function and gross negligence exceptions as well as all other relevant exceptions and Plaintiffs demand judgment against Defendants, and each of them, jointly and severally, and request the following relief from the Court: A. An order declaring the conduct of defendants unconstitutional; B. An order of equitable relief to remediate the harm caused by defendants
52

5:16-cv-10444-JCO-MKM Doc # 1 Filed 02/08/16 Pg 53 of 53 Pg ID 53

unconstitutional conduct including repairs or property, establishment of a medical

monitoring fund, and appointing a monitor to oversee the water operations of Flint for

a period of time deemed appropriate by the court;

C. An award for general damages;

D. An order for an award of compensatory damages;

E. An order for an award of punitive damages;

F. An order for an award of actual reasonable attorney fees and litigation

expenses;

G. An order for all such other relief the court deems equitable.

Respectfully submitted,

NAPOLI SHKOLNIK PLLC
By: /s/ Paul J. Napoli Paul J. Napoli, Admission Pending Hunter Shkolnik, Admission Pending 1301 Avenue of the Americas, Tenth Floor New York, NY, 10019 (212) 397-1000 pnapoli@napolilaw.com hunter@napolilaw.com

MCKEEN & ASSOCIATES, P.C.
By: /s/ Brian J. Mckeen Brian J. McKeen, #P34123 Penobscot Building 645 Griswold Street Detroit, MI, 48226 (313) 447-0634 bjmckeen@mckeenassociates.com

SLATER SLATER SCHULMAN LLP
By: /s/ Adam Slater Adam P. Slater, Admission Pending Jonathan E. Schulman, Admission Pending 909 Third Avenue, Twenty Eighth Floor New York, NY, 10022 (212) 922-0906 aslater@sssfirm.com jschulman@sssfirm.com
Dated: February 8, 2016
53

 
 5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 1 of 15 Pg ID 114
EXHIBIT 1

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 2 of 15 Pg ID 115 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 1 of 16 Pg ID 221

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

MELISSA MAYS, individually and as

next friend of three minor children,

MICHAEL MAYS, JACQUELINE

Case No. 15-cv-14002

PEMBERTON, KEITH JOHN PEMBERTON, ELNORA CARTHAN,

Hon. John Corbett O'Meara

and RHONDA KELSO, individually JOINT MOTION AND BRIEF IN

and as next friend of one minor child, all on behalf ofthemselves and a class of

SUPPORT OF MOTION TO CONSOLIDATE ACTIONS

all others similarly situated,

Plaintiffs.

vs.
GOVERNOR RICK SNYDER, in his official capacity, and the State of Michigan for prospective relief only; DANIEL WYANT, LIANE SHEKTER SMITH, ADAM ROSENTHAL, STEPHEN BUSCH, PATRICK COOK, MICHAELPRYSBY,BRADLEY WURFEL, all in their individual capacities; DARNELL EARLEY, GERALD AMBROSE, DAYNE WALLING, HOWARD CROFT, MICHAEL GLASGOW and DAUGHERTY JOHNSON, in their individual and official capacities, and the CITY OF FLINT, a municipal, corporation, jointly and severally,
Defendants.

1

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 3 of 15 Pg ID 116
5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 2 of 16 Pg ID 222
MOTION TO CONSOLIDATE ACTIONS 1. Pursuant to Federal Rule of Civil Procedure 42 and LR 42.1, Plaintiffs in the action Gilcreast, et al. v. Lockwood, Andrews & Newnam, P. C., Case No. 2:16-cv-11173-MAG-APP ("Gilcreast Plaintiffs"), as well as the plaintiffs in Waid et al. v. Snyder et al, 5:16-cv-10444-JCO-MK.M, also pending before this Court, respectfully request that the Court consolidate each of the pending actions listed in Exhibit A (the "Pending Actions) and any related actions later filed in this district or transfen·edJo this district for coordinated pretrial proceedings. Additionally, the Gilcreast Plaintiffs request that the Court, pursuant to Federal Rule of Civil Procedure 23(g)(3), conduct proceedings to determine Interim Lead Class Counsel, or Interim Co-Lead Class Counsel to represent the putative Class(es) in the resulting Consolidated Class Actions. 2. In compliance with Local Rule 7.1(a), counsel for the Gilcreast Plaintiffs attempted to resolve the issues presented in this motion prior to its filing by communicating through email dated March 31,2016 with all counsel of record in the Pending Actions seeldng concurrence with the relief sought. The Plaintiffs in Waid agreed to join in the motion. Counsel representing Plaintiffs in Boler, and
counsel for 44 of the individual actions were also contacted telephonically.
Counsel for plaintiffs in Mays indicated they would not oppose the motion to consolidate in their six class action matters, but they opposed consolidating the
2

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individual actions. 1 Despite these reasonable efforts to seek concmTence, the movants were unable to conduct conferences with any other counsel or unrepresented parties.

Respectfully submitted,

Kit A. Pierson Joseph M. Sellers Emmy L. Levens Robert Cobbs COHEN MILSTEIN SELLERS &TOLLPLLC llOONewYorkAve., N.W., Suite 500 Washington, D.C. 20005 (202) 4CJ8-4600 Telephone (202) 408-4699 Facsnnile kpierson@cohenmilstein.com jsel!ersWcohenmilstein.com elevens cohenmilstein.com rcobbs ,cohenmilstein.com

Is/ David J. Shea
David J. Shea SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw. com

1 The Gilcreast Plaintiffs are aware that, moments ago, the plaintiffs in Mays v. Snyder, Case No. 15-cv-14002 ("Mays Plaintiffs"), filed their own Motion to Consolidate Class Action Cases and for Designation of a Process for the Court's Selection of Interim Lead Counsel. The Gilcreast Plaintiffs circulated their motion to consolidate on March 31, and have spent the last 24 hours conferring with counsel for parties in the other cases in order to coordinate these cases and establish efficient procedures to move the cases forward. Rather than participate in
these required conferences, pursuant to LR 7.1, the Mays Plaintiffs circulated their own motion and then filed it less than three hours later without attempting to meet and confer, in an apparent attempt to be the "first to file." It ought to make no difference which party files the motion to consolidate, but the motion ought to be comprehensive and it ought to be the product of discussions with the impacted parties. The Mays Plaintiffs' motion omits the 46 individual actions that share common factual allegations, parties, and claims, and which will involve
substantially overlapping discovery. If these individual actions are not remanded to state court, they should be coordinated with the class actions in order to avoid
duplicative discovery and inconsistent rulings.

3

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 5 of 15 Pg ID 118 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 4 of 16 Pg ID 224

Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLLPLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410
~561) 515-1400 Telephone
561) 515-1401 Facsimile t eopold@cohenmilstein.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone (713) 654-6666 Facsimile vbhatia@susmangodfrey .com sraymona@susmangodfrey .com

Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org
Stephen Morrissey Jardon Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey .com jconnors@susmangodfrey.com Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue ofthe Stars Suite 950 Los Angeles, CA 90067 (31 0) 789-3100 Telephone (31 0) 789-3150 Facsimile khoek@susmangodfrey.com
Attorneys for Frances Gilcreast, Vivian Kelley, Estella A. Simpkins, Beverly's Restaurant, Cakes & Catering, and the Proposed Class.

4

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 6 of 15 Pg ID 119 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 5 of 16 Pg ID 225

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

MELISSA MAYS, individually and as

next friend of three minor children,

MICHAEL MAYS, JACQUELINE

Case No. 15-cv-14002

PEMBERTON, KEITH JOHN PEMBERTON, ELNORA CARTHAN,

Hon. John Corbett O'Meara

and RHONDA KELSO, individually JOINT MOTION AND BRIEF IN

and as next friend of one minor child, all on behalf ofthemselves and a class of

SUPPORT OF MOTION TO CONSOLIDATE ACTIONS

all others similarly situated,

Plaintiffs.

vs.

GOVERNOR RICK SNYDER, in his official capacity, and the State of Michigan for prospective relief only; DANIEL WYANT, LIANE SHEKTER SMITH, ADAM ROSENTHAL, STEPHEN BUSCH, PATRICK COOK, MICHAELPRYSBY,BRADLEY WURFEL, all in their individual capacities; DARNELL EARLEY, GERALD AMBROSE, DAYNE WALLING, HOWARD CROFT, MICHAEL GLASGOW and DAUGHERTY JOHNSON, in their individual and official capacities, and the CITY OFFLINT, a municipal, corporation, jointly and severally,

Defendants.

5

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 7 of 15 Pg ID 120 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 6 of 16 Pg ID 226
BRIEF IN SUPPORT OF MOTION TO CONSOLIDATE ACTIONS
INTRODUCTION
Presently pending before this Court are 52 related actions against three
groups of defendants regarding the Flint, Michigan toxic water disaster: The City
of Flint Defendants/ the State of Michigan Defendants,3 and the Water Consultant
2 Frederick Headen (as Chairperson of the Flint Receivership Transition Advisory Board), Michael A. Townsend (as Member of the Flint Receivership Transition Advisory Board), David McGee (as Member of the Flint Receivership Transition Advisory Board), Michael A. Finney (as Member of the Flint Receivership Transition Advisory Board), Beverley Walker-Griffea (as Member of the Flint Receivership Transition Advisory Board), Natasha Henderson (as City Administrator for the City of Flint), Darnell Earley (Emergency Manager for the City of Flint), Gerald Ambrose (Emergency Manager for the City of Flint); Howard Croft (Director of Public Works for the City of Flint); Michael Glasgow (Utilities Administrator for the City of Flint); Daugherty Johnson (Utilities Administrator for the City of Flint); Dwayne Walling (Mayor for the City of Flint); City of Flint. 3 Richard Dale Snyder (Governor of State of Michigan); Nick A. Khouri (Secretary of Treasury of the State of Michigan), Daniel Wyant (Director of the State of the Michigan Department of Environmental Quality); Liane Shekter Smith (Chief of the Office of Drinking Water and Municipal Assistance for the State of Michigan Department of Environmental Quality); Adam Rosenthal (Water Quality Analyst assigned to Lansing District Office of the State of Michigan Department of Environmental Quality), Stephen Busch (District Supervisor assigned as District Office Supervisor of the State of Michigan Department of Environmental Quality); Patrick Cook (Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the State of Michigan Department of Environmental Quality); Michael Prysby (Engineer assigned to District 11 of the State of Michigan Department of Environmental Quality); Bradley Wurfel (Director of Communications for the State of Michigan Department of Environmental Quality); Eden Wells (individually and in her capacity as Chief Medical Executive for State of Michigan Department of Health and Human Services); Nick Lyon (Director of State of Michigan Department of Health and Human Services); Nancy Peeler
(employee for State of Michigan Department of Health and Human Services); 6

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 8 of 15 Pg ID 121
5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 7 of 16 Pg ID 227
Defendants.4 The actions allege a variety of tort, contract, statutory and
constitutional claims related to Defendants' negligent, reckless, and intentional acts
that resulted in the horrific, man-made, toxic-water disaster in Flint. In particular,
each of these 52 lawsuits alleges that Defendants caused Flint residents and
property owners to suffer ruinous damages to their health and personal property
when the Defendants recommended, approved, and caused conosive, lead- and
bacteria-contaminated, poisonous water to serve as the water supply for the City of
Flint.
Plaintiffs in the Pending Actions asse1t claims on behalf of putative classes
of Flint residents,5 persons who have been exposed to dangerous conditions or
suffered personal injuries or property damage as a result of Defendants' conduct
regarding the Flint water supply,6 persons who were billed or paid for for water in
Flint during the relevant time period,? and prope1ty owners in Flint.8 Additionally,
Robert Scott (employee for State of Michigan Department of Health and Human Services); State of Michigan Depa1tment of Environmental Quality; State of Michigan Department of Health and Human Services; State of Michigan. 4 Lockwood, Andrews & Newnam, PC; Lockwood, Andrews & Newnam, Inc.; Veolia North America, LLC; Leo A. Daly Company; Rowe Professional Services Company; Rowe Engineering, Inc. 5Mclntosh, et al. v. State of Michigan, et al., 5:16-cv-10323-JCO-Iv!KM; McMillian, et al. v. Snyder, et al., 2:16-cv-10796-VAR-EAS. 6 Mays et al. v. Snyder et al., 5:15-cv-14002-JCO-MKM; Mason, et al. v. Lockwood, Andrews & Newnam, et al., 2: 16-cv-10663- JCO-Iv!KM. 7 Boler et al v. Earley et al, 5:16-cv-10323-JCO-MKM. 8 Gilcreast, et al. v. Lockwood, Andrews & Newnam, P.C., 2:16-cv-11173-MAG-
APP.
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the Pending Actions include 45 individual actions on behalf of Flint residents and their children who have suffered personal injuries and damage to their propetty as a result of the toxic Flint water. Finally, the Pending Actions include a lawsuit filed by several organizations on behalf of their members, who are also Flint residents who have been injured by the Flint water disaster.9
Plaintiffs seek to consolidate the Pending Actions for pretrial purposes to facilitate the orderly administration of this litigation pursuant to Federal Rule of Civil Procedure 42, and to establish procedures to appoint Interim Lead Class Counsel, or Interim Co-Lead Class Counsel to file a consolidated Complaint and prosecute this litigation efficiently.
I. ARGUMENT A. The Court Should Consolidate the Pending Actions
Federal Rule of Civil Procedure 42(a) grants this Court the authority to
consolidate actions when they "involve a common question of law or fact." See also to Cantrell v. GAF Corp., 999 F.2d 1007, lOll (6th Cir. 1993). Rule 42(a)
also pennits the Court to "issue any other orders to avoid unnecessary cost delay." In considering whether to grant a motion for consolidation, a Court must consider:
[W]hether the specific risks of prejudice and possible confusion [are] overborne by the risk of inconsistent adjudications of common factual and legal issues, the burden on parties, witnesses and available
9 Concerned Pastors for Social Action, et al. v. Khouri, et al., 2:16-cv-10277MAG-SDD.
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judicial resources posed by multiple lawsuits, the length of time required to conclude multiple suits as against a single one, and the relative expense to all concerned of the single-trial, multiple-trial alternatives. Cantrell, 999 F.2d at 1011 (quoting Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir. 1985). Geared toward increasing the efficient allocation of judicial resources, consolidation is proper especially when multiple proceedings "would be largely duplicative." See Central States, Se. & Sw. Area Pension Fund v. Smeltzer Enters., Inc., 2009 WL 3672120, at *1 (B.D. Mich. 2009). Even where "each of the separate cases may involve factual and legal issues which are separate and distinct from those presented in the others," consolidation may still allow for a more orderly and efficient proceeding, and avoid the risks of inconsistent rulings, where the primary subject matter of the lawsuits in the same. Young v. Hamric, 2008 WL 2338606, at *4 (E.D. Mich. June 4, 2008). Courts frequently consolidate cases like this one, in V'{hich consolidation will increase the efficiency and manageability of the cases, and the plaintiffs suppmt consolidation. See In re Delphi ERISA Litig., 230 F.R.D. 496, 498 (E.D. Mich. 2005); Am. Bridge Mfg. Co. v. Walter Toebe
. Canst. Co., 2010 WL 3245292, at *1 (E.D. Mich. 2010). Here, all factors weigh in favor of consolidation. The Pending Actions involve substantially overlapping defendants, factual allegations, and causes of action, all of which relate to the same toxic water disaster. Discovery in each of
9

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 11 of 15 Pg ID 124 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 10 of 16 Pg ID 230
these related matters will focus on the roles of the City of Flint Defendants, the State of Michigan Defendants, and the Water Consultant Defendants in contaminating the Flint water supply in 2014 and 2015. Indeed, allowing these 52 largely overlapping Pending Actions to proceed unconsolidated would lead to precisely the inefficiencies that Rule 42(a) was designed to avert-duplicative motions, chaotic discovery, and a severe risk of inconsistent rulings.
Mass torts and class actions are particularly well-suited for consolidation because consolidation avoids the need for fragmented pretrial proceedings and minimizes the expenditure of time and money-issues that are uniquely relevant in complex class actions and mass torts such as these. See, e.g., In re Dow Corning Corp., 211 B.R. 545, 574 (Bankr. E.D. Mich. 1997) ("The large number of cases involved (in mass torts] creates tremendous impediments to achieving a fair and final adjudication."); Braynina v. Prof! Claims Bureau, Inc., 2015 WL 3971410, at
*1 (E.D.N.Y. 2015) ("Absent consolidation, the Comt faces the possibility of six
separate class actions brought on behalf of the same class against the same defendant involving a single, identical legal issue and overlapping evidence. This would lead to a substantial waste of judicial time and resources."); In re Plumbing Fixtures, 308 F. Supp. 242, 244 (J.P.M.L. 1970) ("Such a potential for conflicting or overlapping class actions presents one of the strongest reasons for transfen·ing such related actions to a single district for coordinated or consolidated pretrial
10

5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 12 of 15 Pg ID 125
5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 11 of 16 Pg ID 231
proceedings which will include an early resolution of such potential conflicts.").
Moreover, where a large set of actions involve a single issue that may be
dispositive of the litigation, many courts have permitted consolidation along with
separate issue trials in order to maximize efficient adjudication:
Many comts have in fact permitted separate issue trials when the issue first tried would be dispositive of the litigation. The courts do so because the efficiency of the trial proceedings is greatly enhanced when a small part of the case can be tried separately and resolve the case completely....Plainly, Judge Rubin had a massive case management problem to resolve, and chose to do so by trying the case on a separate issue that would be dispositive.
In re Bendectin Litig., 857 F.2d 290, 317 (6th Cir. 1988).
By consolidating these cases10 and appointing Interim Lead Class Counsel,
the parties and the Court can take the first step towards resolving these many
disputes about a common set of facts in an orderly and judicious manner.
Accordingly, the Gilcreast Plaintiffs respectfully submit that the Court should
grant this Joint Motion to Consolidate. Consolidation for pretrial purposes is
consistent with Rule 42(a) and will promote conservation of the parties' resources,
judicial economy, and the efficient and expeditious prosecution of this litigation.
10 Many of the Pending Actions that are individual actions were initially filed in state court and then removed to this Court and may be remanded to state court for lack of federal jurisdiction over those claims. Accordingly, to the extent individual cases have jurisdictional issues bearing on whether those cases should be in federal court at all, the issue of whether those cases should be consolidated (as opposed to assigned to a single judge and coordinated) should be deferred until any motion to remand is resolved.
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5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 13 of 15 Pg ID 126 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 12 of 16 Pg ID 232
B. The Court Should Order Briefing and Schedule a Hearing to Appoint Interim Lead Class Counsel
Pursuant to Federal Rule of Civil Procedure 23(g)(3), the court "may designate interim counsel to act on behalf of a putative class before determining whether to certify the action as a class action." Where, as here, there are "multiple overlapping and duplicative class actions" in a single district, "designation of interim class counsel is encouraged, and indeed is probably essential for efficient case management." In re Air Cargo Shipping Servs. Antitrust Litig., 240 F.R.D. 56, 57 (E.D.N.Y.2006); see also In re Cardinal Health, Inc. ERISA Litig., 225 F.R.D. 552, 554 (S.D. Ohio 2005). Accordingly, the Gilcreast Plaintiffs request that, in addition to consolidating the Pending Actions, the Comt set a briefing schedule and conduct proceedings to determine a leadership structure for the Consolidated Class Action, consisting of the overlapping classes among the Pending Actions.
II. CONCLUSION
For the reasons set fmth above, the Gilcreast Plaintiffs respectfully request that the Court issue an Order consolidating the Pending Actions listed in Exhibit A for pretrial purposes only, as well as any related actions later transferred to this Comt. Additionally, the Gilcreast Plaintiffs request that the Court conduct proceedings to determine Interim Lead Class Counsel, or Interim Co-Lead Class
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Counsel to represent the putative Class(es) in the resulting Consolidated Class Actions.

Kit A. Pierson Joseph M. Sellers Emmy L. Levens Robert Cobbs COHEN MILSTEIN SELLERS & TOLLPLLC llOONewYorkAve., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facstmile kpierson@cohenmilstein.com
jsellers~cohenmilstein.com
elevens cohenmilstein.com rcobbs cohenmilstein.com
Theodore J. Leopold COHEN MILSTEIN SELLERS &TOLLPLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone (561) 515-1401 Facstmile tleopo1d@cohenmilstein.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone (713) 654-6666 Facstmile vbhatia@susmangodfrey .com sraymona@susmangodfi·ey.com

DaviC! J. ea SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw.com
Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org
Stephen Morrissey Jordon Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey. com jconnors@susmangodfrey.com Kathryn P. Hoek SUSMAN GODFREY, L.L.P.
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5:16-cv-10444-JCO-MKM Doc # 12-1 Filed 04/12/16 Pg 15 of 15 Pg ID 128 5:15-cv-14002-JCO-MKM Doc# 55 Filed 04/01/16 Pg 14 of 16 Pg ID 234 1901 Avenue ofthe Stars Suite 950 Los Angeles, CA 90067 (31 0) 789-3100 Telephone (310) 789-3150 Facsimile khoek@susmangodfrey.com Attorneys for Frances Gilcreast, Vivian Kelley, Estella A. Simpldns, Beverly's Restaurant, Cakes & Catering, and the Proposed Class.
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 5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 1 of 116 Pg ID 597

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

LUKE WAID and MICHELLE RODRIGUEZ, individually and as next friends of one minor child,
Plaintiffs, v.
GOVERNOR RICHARD DALE SNYDER, in his official capacity, and the STATE OF MICHIGAN for prospective relief only; THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY; DANIEL WYANT, LIANE SHEKTER SMITH, ADAM ROSENTHAL, STEPHEN BUSCH, PATRICK COOK, MICHAEL PRYSBY, BRADLEY WURFEL all in their individual capacities; DARNELL EARLEY, GERALD AMBROSE, EDWARD KURTZ, DAYNE WALLING, HOWARD CROFT, MICHAEL GLASGOW and DAUGHERTY JOHNSON in their individual and official capacities, CITY OF FLINT, a municipal corporation, jointly and severally, LOCKWOOD, ANDREWS & NEWNAM, P.C.; LAN INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, INC., VEOLIA NORTH AMERICA, LLC; VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC; VEOLIA ENVIRONNEMENT S.A.;
Defendants.

DEMAND FOR JURY TRIAL
NO. 2:16 –CV-10444
FIRST AMENDED CLASS ACTION COMPLAINT

FIRST AMENDED COMPLAINT FOR MONEY DAMAGES, INJUNCTIVE AND DECLARATORY RELIEF WITH RELIANCE ON JURY DEMAND FOR VIOLATIONS OF THE SAFE DRINKING WATER ACT 42 U.S.C.
§300f et seq., AND THE LEAD AND COPPER RULE 40 C.F.R. §§141.80-.91

5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 2 of 116 Pg ID 598
INTRODUCTION “No safe blood level in children has been identified. Lead exposure can affect nearly every system in the body.” National Cancer for Environmental Health, Division of Emergency and Environmental Health Services Plaintiffs, individually and on behalf of a class of all others similarly situated, bring this action for damages and injunctive relief and demand a jury trial. Unless stated otherwise, all allegations contained herein are made on information and belief. In support of their claims, Plaintiffs allege as follows:
I. NATURE OF THE CASE 1. Plaintiffs seek recovery from Defendants individually and on behalf of the tens of thousands of Flint residents (the “Class” or “Class Members”) for injuries, damages and losses suffered by the Plaintiffs, each of whom suffered injuries as a result of exposure to the introduction of lead from Defendants’ ownership, use, management, supervision, storage, maintenance, disposal and release of highly corrosive water from the Flint River into the drinking water of Flint, Michigan. 2. For nearly five years, the City of Flint has existed in a state of financial emergency pursuant to which the City is controlled by a Governor appointed Emergency Financial Manager. In 2014, in an effort to save money, the
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Emergency Financial Manager authorized a switch to the Flint River as the City's sole water source.
3. In making this switch, the State of Michigan, the Michigan Department of Environmental Quality (MDEQ), the Governor-appointed Emergency Financial Managers, the City of Flint, and various other named employees of those agencies (collectively Government Defendants), failed to implement a corrosion control protocol as required by the Safe Drinking Water Act, and otherwise failed to exercise reasonable care with regard to Flint's water system. Absent mandatory corrosion controls, the acidic water of the Flint River coursed through unprotected pipes to residents – leaching lead and other harmful chemicals into the water along the way.
4. Flint engaged and relied upon the professional services and expertise of two engineering firms- Defendants Lockwood, Andrews & Newman, Inc. (LAN) and Veolia North America (Veolia)- to review its water distribution system, ensure compliance with federal and state environmental regulations, and provide expert engineering advice to the City and its Emergency Financial Managers. By taking on this assignment, LAN and Veolia assumed the responsibility to satisfy the standard of a reasonable engineer.
5. In conducting their engineering services, however, LAN's and Veolia's conduct fell well below the standard for a reasonable engineer in several
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critical respects. First, LAN and Veolia failed to conduct a root cause analysis to determine the cause of Flint's initial water problem. Had either LAN or Veolia performed such an analysis, it would have quickly revealed that Flint River water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters, and had caused extensive pipe corrosion and an extreme risk of lead contamination absent the implementation of a plan to prevent such contamination. Moreover, a root cause analysis would have revealed that the City of Flint had not adopted a corrosion control protocol as mandated by the federal Safe Drinking Water Act and related Lead and Copper Rule.
6. Not only did LAN and Veolia fail to perform the routine root cause analysis that would have revealed the City of Flint's lead problems, but they also ignored a series of red flags that should have led them to suspect corrosion problems in Flint's water system. LAN and Veolia should have anticipated widespread corrosion problems in light of the switch to a highly saline water source; the ineffectiveness of Flint's attempts to address coliform bacteria, which would have signaled corroded pipes to any reasonably competent engineer; the summer 2015 outbreak of Legionnaires Disease, which also should have alerted these companies to corrosion problems; and the very color of Flint's tap water, which was rusty and brown precisely because it was leaching metal from Flint's pipes. Any of these warnings should have warned LAN and Veolia to a
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widespread corrosion problem and led these companies to implement effective corrosion controls.
7. Additionally, LAN and Veolia affirmatively recommended that Flint double the ferric chloride in its water. A reasonable professional engineer would have known that ferric chloride is highly acidic and when used without alkaline buffering agents to raise the pH and phosphates or other corrosion control elements to coat the pipes, causes corrosion. This is exactly what happened in Flint's water system.
8. As a direct and foreseeable result of LAN's and Veolia's recommendations, Flint increased the ferric chloride in its water with grave consequences. The salinity of the Flint River was the metaphorical gasoline in this particular tragedy. The addition of ferric chloride, as recommended by the professional engineers at LAN and Veolia upon whom the City relied, was the match. The added ferric chloride dramatically increased the corrosion of Flint's pipes and, as a direct and foreseeable result, the leaching of various chemicals into Flint's drinking water- including lead.
9. Despite failing to fulfill their professional duties in a reasonable manner, both LAN and Veolia deemed Flint's water compliant with governing environmental statutes and regulations. In doing so, LAN and Veolia provided
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 6 of 116 Pg ID 602
false assurances of safety to Plaintiffs and the Class, further exacerbating the extent of the damage caused by their conduct.
10. As concerns began to emerge that Flint's water was contaminated with lead and other hazardous materials, the Government Defendants engaged in various activities designed to deny or minimize the existence or extent of Flint's corrosion and lead problem. For example, the MDEQ misrepresented its water samples as being compliant with federal regulations when, in fact, the samples were drawn from locations that were less likely to show lead contamination. Moreover, various MDEQ officials "scrubbed" test results to remove certain results that showed high levels of lead in the water. Additionally, when the EPA inquired as to what corrosion control treatment Flint was using, Defendant Stephen Busch of the MDEQ unequivocally and falsely assured the EPA that Flint was adding phosphates to its water to control corrosion. Other MDEQ officials similarly misled the public by falsely stating that Flint's water system had a corrosion control protocol. MDEQ officials also baselessly informed the EPA that the first resident's water had tested positive for lead due to sources within the home- a statement that was later proved entirely incorrect when the EPA visited the resident's home and discovered it had plastic pipes.
11. After Flint switched its water source to the Flint River, the City also suffered an outbreak of Legionnaires' disease, a severe form of bacterial
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pneumonia caused by toxins in the contaminated water. According to Michigan health officials, this outbreak was one of the worst in U.S. history: 87 confirmed cases and 9 Legionnaires' -associated deaths. Yet, the Government Defendants did not even disclose that the outbreak had occurred until January 2016 -months after it began. The Government Defendants thus failed to warn Flint residents of the threat posed by Legionella in the City's water supply and failed to take reasonable steps to contain the outbreak once it began.
12. All the while- despite public assurances of safety- government offices in Flint quietly switched to bottled water while the citizens and business of Flint continued to drink dangerously contaminated water.
13. Indeed, it was not until a memorandum from an EPA official regarding the frightening existence of lead in Flint's drinking water was leaked to the American Civil Liberties Union that any of the Government Defendants acknowledged the problem.
14. Unfortunately, these acknowledgments came too late. Since the Government Defendants implemented LAN's and Veolia's recommendations, more than 40% of the homes tested revealed lead contamination above the federal threshold and a study from a pediatrician at the Hurley Medical Center showed that elevated blood levels in children had more than doubled following the switch to the Flint River as Flint's water source.
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 8 of 116 Pg ID 604
15. The consequences of lead exposure are both catastrophic and permanent. Lead poisoning can cause serious damage to a child's central and peripheral nervous system, stunt growth, impair hearing, and impair the formation and function of blood cells. The effect of lead poisoning on children's brain development is particularly alarming, causing reduced IQ and serious behavioral problems. While lead's worst effects are borne by children, lead exposure can be seriously harmful to adults as well causing serious cardiac and reproductive problems.
16. Plaintiffs and the Class have sustained substantial personal injuries as a result of Defendants' conduct and the child-members of the Class have additionally suffered lost economic earnings.
17. Plaintiffs and the Class have also suffered significant property damage as a direct result of Defendants' conduct. The acidic and corrosive water that Defendants caused to flow through Flint's pipes and appliances has irreparably damaged residents' and businesses' pipes and appliances. Moreover, the stigma associated with the water crisis has resulted in, and will continue to result in, a reduction in residential and commercial property values in the City of Flint and substantial financial harm to Plaintiffs and the Class. Despite Flint having switched back to its prior water source, corroded pipes and appliances in residents' homes and local commercial properties remain corroded. The only option for
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Plaintiffs and the Class to truly be safe is to entirely replace their pipes and corroded appliances.
18. In addition to injunctive relief under the Safe Water Drinking Act, Plaintiffs and the Class also seek damages and other relief under theories of Professional Malpractice, Proprietary Function, Gross Negligence, Negligence, Strict Liability, Intentional and Negligent Infliction of Emotional Distress, Inverse Condemnation, Trespass, Nuisance, Unjust Enrichment, Procedural Due Process, and the Declaratory Judgment Act.
19. Given the devastating, permanent effects of lead exposure, and the severe health risks that would be presented by the continued presence of Legionella in the Flint water supply, it is imperative that Defendants' conduct related to the Flint Water Crisis be fully investigated and Defendants be held accountable to the extent they caused Plaintiffs and the Class injury. That is exactly what this suit seeks to do.
20. At critical times including during gestation and their developmental years, the minor plaintiffs have been exposed to damaging levels of lead.
21. Plaintiffs’ damages and losses include, but are not limited to, physical and psychological injuries, learning and other permanent disabilities, weight loss, stunted growth, anemia, headaches, abdominal and other pain, mental anguish, emotional distress, the cost of medical, educational, and rehabilitation expenses,
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 10 of 116 Pg ID 606
other expenses of training and assistance, loss of income and earning capacity, property damage, destruction of water service lines, and devaluation in property damages.
22. The health effects of lead poisoning are well known. The CDC has noted that: “No safe blood level in children has been identified. Even low levels in blood have been shown to affect IQ, ability to pay attention, and academic achievement.” Lead impacts nearly every organ and system in the human body. Lead causes multitudinous and serious injuries to the nervous system, which can lead to convulsions, coma and brain death. It causes learning and behavioral disorders, memory loss, nausea, anemia, hearing loss, fatigue, colic, hypertension, and myalgia. Moreover, children under the age of 6 years old are more susceptible to the toxic effects of lead than are adults since the brain and central nervous system are not completely developed.
II. THE PARTIES: PLAINTIFFS 23. Plaintiffs Luke Waid and Michelle Rodriguez, individually and as next of friend to one minor child, has resided at 4306 Ogema Avenue, Flint, in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiffs Waid and Rodriguez and the one minor child living with them continue to be exposed to highly dangerous conditions
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 11 of 116 Pg ID 607
created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
24. Plaintiff Waid is the father and next of friend of one minor child, S.R.V.W., age 3.
25. Plaintiff Rodriguez is the mother and next of friend of one minor child, S.R.V.W., age 3.
26. At all relevant times, members of the Waid family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Waid family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Waid family continued to use and rely upon Flint’s water.
27. As a proximate result of Defendants’ actions, as set forth herein, the Waid family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
28. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiffs S.R.V.W. has experienced heightened levels of lead in her blood.
29. As a proximate result of Defendants’ actions, as set forth herein, Plaintiffs Luke Waid and Michelle Rodriguez have experienced property damage
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 12 of 116 Pg ID 608
from Flint’s use of corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
DEFENDANTS 30. All individually named Defendants are sued in their individual and/or official capacities as indicated below. 31. When reference is made in this Amended Complaint to any act or omission of any of the Defendants, it shall be deemed that the officers, directors, agents, employees or representatives of the Defendants committed or authorized such act or omission, or failed to adequately supervise or properly control or direct their employees while engaged in the management, direction, operation or control of the affairs of Defendants, and did so while acting within the scope of their duties, employment or agency. 32. The term “Defendant” or “Defendants” refers to all Defendants named herein jointly and severally. The term “Governmental Defendants” refers to those individuals or entities associated with the State of Michigan, City of Flint, or Michigan Department of Environmental Quality. The term “Engineering Defendants” refers to Lockwood, Andrews & Newman, Inc. (LAN), LAN INC., Leo A. Daly Company, Veolia North America LLC(Veolia) and Veolia Environnement S.A.
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 13 of 116 Pg ID 609
33. Upon information and belief, each of the Defendants are responsible, negligently, intentionally and/or in some actionable manner, for the events and happenings referred to herein, and caused and continue to cause injuries and damages legally thereby to Plaintiffs and the Class, as alleged, either through each Defendant's own conduct or through the conduct of their agents, servants or employees, or due to the ownership, maintenance or control of the instrumentality causing them injury, or in some other actionable manner.
34. Defendant RICHARD DALE SNYDER is sued in his official capacity as Governor of the State of Michigan. At all times relevant hereto, Defendant Snyder was acting individually and in his official capacity as State Governor and top policymaker for the State of Michigan.
35. Defendant STATE OF MICHIGAN is sued in its capacity of operating the Michigan Department of Environmental Quality (“MDEQ”). At all times relevant hereto, Defendant State of Michigan is sued in its capacity as manager of the environmental agency tasked with protecting the environment and the residents of Michigan from environmental dangers.
36. The Michigan Department of Environmental Quality (“MDEQ”) is the state agency responsible for implementing and enforcing safe drinking water laws, rules, and regulations in Michigan, and Flint specifically. MDEQ’s headquarters are located at 525 West Allegan Street, Lansing, Michigan 48909.
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 14 of 116 Pg ID 610
37. The State of Michigan is the operating entity of MDEQ. At all times relevant hereto, State of Michigan was acting in its capacity as manager of the environmental agency tasked with protecting the environment and the residents of Michigan from environmental dangers.
38. Defendant DANIEL WYANT (“Wyant”) is sued in his official capacity as Director of MDEQ. At all times relevant hereto, Defendant Wyant was acting individually and in his official capacity of Director of MDEQ and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
39. Defendant LIANE SHEKTER SMITH (“Smith”) is sued in her official capacity as Chief of the Office of Drinking Water and Municipal Assistance for MDEQ. At all times relevant hereto, Defendant Smith was acting individually and in her official capacity as Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, and is sued for her participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
40. Defendant ADAM ROSENTHAL (“Rosenthal”) is sued in his official capacity as a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. At all times relevant hereto, Defendant Rosenthal was acting individually and in his official capacity as a Water Quality Analyst, and is sued for his
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 15 of 116 Pg ID 611
participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
41. Defendant STEPHEN BUSCH (“Busch”) is sued in his official capacity as District Supervisor assigned to the Lansing District Office of the MDEQ. At all times relevant hereto, Defendant Busch was acting individually and in his official capacity as District Supervisor, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
42. Defendant PATRICK COOK (“Cook”) is sued in his official capacity as a Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. At all times relevant hereto, Defendant Cook was acting individually and in his official capacity as a Water Treatment Specialist, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
43. Defendant MICHAEL PRYSBY (“Prysby”) is sued in his official capacity as the Engineer assigned to District 11 (Genesee County) of the MDEQ. At all times relevant hereto, Defendant Prysby was acting individually and in his official capacity as Engineer, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
44. Defendant BRADLEY WURFEL (“Wurfel) is sued in his official capacity as Director of Communications for MDEQ. At all times relevant hereto,
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 16 of 116 Pg ID 612
Defendant Wurfel was acting individually and in his official capacity as a Director of Communications for MDEQ, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
45. Defendant DARNELL EARLEY (“Earley”) is sued in his official capacity as the Emergency Financial Manager. Defendant Early was appointed by Defendant Snyder, and served as Emergency Manager to the City of Flint from November 1, 2013 until January 12, 2015. At all times relevant hereto, Defendant Earley was acting individually and in his official capacity as Emergency Manager, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
46. Defendant GERALD AMBROSE (“Ambrose”) is sued in his official capacity as the Emergency Financial Manager. Defendant Ambrose was appointed by Defendant Snyder, and served as Emergency Manager to the City of Flint from January 13, 2015 until April 28, 2015. At all times relevant hereto, Defendant Ambrose was acting individually and in his official capacity as Emergency Manager, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
47. Edward Kurtz ("Kurtz") was the Emergency City Manager for the City of Flint between August 8, 2012 and May 20, 2013. Kurtz made the decision to cancel the City's water contract with the City of Detroit, decided to
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 17 of 116 Pg ID 613
use the Flint River as the source of Flint's water during the transition to a newly constructed water treatment plant sourced from Lake Huron, and retained LAN to advise him and the City on how to implement the transition.
48. Defendant DAYNE WALLING (“Walling”) is sued in his official capacity as the Mayor of Flint. Defendant Walling served as Mayor from August 4, 2009 until November 9, 2015. At all times relevant hereto, Defendant Walling was acting individually and in his official capacity as a Mayor of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
49. Defendant HOWARD CROFT (“Croft”) is sued in his official capacity as Director of Public Works for the City of Flint. At all times relevant hereto, Defendant Croft was acting individually and in his official capacity as a Director of Public Works for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
50. Defendant MICHAEL GLASGOW (“Glasgow”) is sued in his official capacity as Utilities Administrator for the City of Flint. At all times relevant hereto, Defendant Glasgow was acting individually and in his official capacity as Utilities Administrator for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
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5:16-cv-10444-JEL-MKM Doc # 31 Filed 09/12/16 Pg 18 of 116 Pg ID 614
51. Defendant DAUGHERTY JOHNSON (“Johnson”) is sued in his official capacity as Utilities Administrator for the City of Flint. At all times relevant hereto, Defendant Johnson was acting individually and in his official capacity as Utilities Administrator for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
52. Defendant CITY OF FLINT is sued as the owner and operator of the public water system that provides potable water to the residents of Flint. At all times relevant hereto, Defendant City of Flint is sued for its participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
53. Lockwood, Andrews & Newnam, P.C. ("LAN P.C.") is a Michigan professional corporation with its principal place of business at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. At all times relevant hereto, LAN P.C. held itself out to the world as a Lockwood, Andrews & Newnam, Inc. ("LAN Inc.") company. Upon information and belief, LAN P.C. was incorporated in 2008 by LAN Inc. after it was retained by Defendants to conduct studies and reports of the feasibility of a new water supply for the City of Flint. Upon information and belief, work and services provided by LAN P.C. were conducted at LAN Inc.'s Chicago, Illinois location.
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54. LAN Inc. is a Texas corporation with its principal place of business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant times hereto, LAN Inc. conducted business in Genesee County through Defendant LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. is a full-service consulting firm offering planning, engineering and program management services, including civil infrastructure engineering and municipal water treatment and design.
55. Leo A. Daly Company ("LAD") is a Nebraska corporation with its principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114. LAD is an international architecture/engineering firm, with nearly 800 professionals in 31 offices worldwide and projects in more than 87 countries and all 50 US states. Upon information and belief, LAD is the parent company of LAN Inc. and LAN P.C.
56. Defendants LAN P.C., LAN Inc., and LAD are referred to collectively herein as, "LAN."
57. Veolia North America, Inc. is a Delaware corporation with its principal place of business at 200 East Randolph Drive, Suite 7900, Chicago, Illinois 60601.
58. Veolia North America, LLC ("Veolia N.A.") is a Delaware corporation with its principal place of business at 200 E Randolph Drive, Suite
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7900, Chicago, Illinois 60601. Veolia N.A. designs and provides water, waste and energy management solutions to communities and industries across the country.
59. Veolia Water North American Operating Services, LLC is a Delaware Limited Liability Company with its principal place of business at 101 West Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
60. Veolia Environnement S.A. ("Veolia S.A.") is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia S.A. is a leading global provider of environmental management services, which include the supply of water, the treatment and recovery of municipal or industrial effluent, waste collection, processing and recycling, the supply of heating and cooling services and the optimization of industrial processes. Upon information and belief, Veolia S.A. is the parent corporation of Veolia N.A
61. The four above named Defendants shall be collectively referred to herein as "Veolia." Veolia maintains multiple offices in Michigan, regularly conducts business in Michigan, and has committed torts in Michigan, which are among the bases for personal jurisdiction.
III. JURISDICTION AND VENUE
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62. This Court has subject matter jurisdiction over this civil action pursuant to the Safe Drinking Water Act, 42 U.S.C. § 300j-8(a) and the Lead and Copper Rule, 40 C.F.R. §§ 141.80-.91.
63. This Court also has jurisdiction pursuant to 28 U.S.C. § 1331, for cases concerning federal questions; 28 U.S.C. § 1343(a)(3) and (4), for civil rights actions; and 28 U.S.C. §§ 2201-2202, the Declaratory Judgment Act.
64. Venue is proper in this Court because Plaintiffs’ and Class Members’ claims arose in this judicial district, in Flint, Genesee County, pursuant to 28 U.S.C. §§ 102, 1391(b).
IV. FACTUAL ALLEGATIONS A. The City of Flint and Its Residents 65. The City of Flint, Michigan is located along the Flint River, approximately 60 miles northwest of Detroit. Flint sits in Genesee County and is the largest city in the county. According to the 2015 census, Flint is home to 99,002 residents, 27.3% (approximately 27,000) of whom are under 18 years of age and 8% (approximately 8,000) of whom are under 5 years of age. More than half of Flint's residents are African American. There are more than 50,000 housing units in Flint, Michigan and approximately 55% of those units are owneroccupied.
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66. The City of Flint is the largest city in Genesee County Michigan, and is located 66 miles northwest of Detroit. There are approximately 100,000 residents in Flint, making it the one of the largest cities in Michigan.
67. Like the residents of any American city, residents of Flint rely on a steady supply of safe and clean water to go about their daily lives. Flint also has thousands of commercial and other non-residential properties whose owners rely upon clean and safe water.
68. Flint’s relative prosperity has paralleled that of the American automotive industry, growing exponentially during the first half of the twentieth century but experiencing catastrophic downturns in the last forty years as domestic car companies shuttered some plants and moved others. Flint's fate has been particularly tied that of its largest employer, General Motors. When General Motors downsized in the 1980s, closing facilities and laying off workers, Flint similarly witnessed substantial economic turmoil that continues to date.
69. According to the most recent census, 41.6% of Flint's citizensPlaintiffs here - live at or below the poverty level. The median household income in Flint is just $24,679 - 7% lower than the median income in Michigan and 54% lower than the national median income.
70. In 2011, Flint's finances reached a critical place: an audit estimated a $25 million deficit overall and Flint's water supply fund showed a $9 million
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deficit. In 2011, Governor Snyder declared Flint to be in a financial emergency and the City entered receivership, with responsibility for governance of the City and operation of its utilities and other services, including its water supply, under the direction of Emergency City Governors who were appointed by the Governor and employed by the State.
71. Governor Snyder appointed Michael Brown as the Emergency Financial Manager in Flint effective December 1, 2011. The democratically elected offices of Flint were subordinate to Brown. According to state Congressman Dan Kildee, Brown was appointed to "simply do one thing and one thing only, and that's cut the budget- at any cost."
72. Flint has experienced several financial emergencies over the past two decades, and recorded a total debt of nearly $30 million during its first declared financial emergency 2002.
73. In 2011, Defendant Snyder declared a second financial emergency in Flint and appointed Michael Brown as emergency manager to control its financial situation, pursuant to Public Act 436. Pursuant to Public Act 436, after a financial emergency is declared, the city is placed in state receivership, and the appointed emergency manager temporarily supplants the governing body and elected officials of the city.
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74. While in state receivership and under the control of emergency

manager Michael Brown, Defendant City of Flint faced crucial decisions about the

future of its drinking water supply.

B. The City Switches Water Sources

75.

Many decades ago, the City of Flint drew its water from the

Flint River. This changed in 1967 when the City began purchasing its water

through the Detroit Water and Sewerage Department ("DWSD") as its principal

water supply, with the Flint River serving as a backup source in the event of

water shortage or interruption of service from the principal source.

76.

As part of its receivership, Flint began exploring ways to

decrease costs associated with its water and sewer system. Water and sewer

costs were the single largest expenditures in Flint's budget, rendering them

obvious targets for cuts to address Flint's financial crisis. According to a

September 2011 report by Rowe Professional Services, Flint could save money if

it purchased its water from Karegnondi Water Authority (KWA) rather than the

Detroit Water and Sewerage Department. However, because the KWA would

require substantial new construction work, an immediate switch away from

DWSD water would require Flint to reopen its shuttered municipal water

treatment plant, which sourced its water from the Flint River.

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77.

In August 2012, Governor Snyder appointed Kurtz as Flint's

new Emergency Manager. Four months later, Michigan Treasury officials met

with Flint leaders to discuss alternative sources for Flint's drinking water,

including the Flint River. The officials agreed to study two potential options for

water sources: remaining with the Detroit Water and Sewer Department or

switching to Genesee County's KWA.

78.

In February 2013, Tucker, Young, Jackson & Tull, Inc.

("TYJT"), an engineering consulting firm retained by the State of Michigan,

issued a report assessing the water supply alternatives for the City of Flint.

According to its report, TYJT was retained "to provide an analysis of the water

supply options to assist the Treasurer [of the State of Michigan] to provide an

analysis of the water supply options to assist the Treasurer in determining any

potential risk and the best course going forward for supplying potable water to

the City of Flint."

79. The TYJT assessment concluded that the cost of continuing to obtain

water from Detroit likely would be lower than the costs of transitioning to the

proposed KWA treatment plant. However, the report also noted that Flint had an

interest in obtaining water "autonomy" vis-a-vis Detroit, and that transitioning to

the KWA would serve that interest.

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80. Although TYJT's report specifically noted that its assignment included advising the State on how to supply ''potable water to the City of Flint," the words "safe" and "safety" do not appear in the report. Additionally, while the report noted that questions had been asked as to whether there was a "transition plan" in place for the period during which the new KWA plant was under construction, and water was to be supplied from the Flint River, the report failed to identify the need to consider the health and safety issues that should have been considered in developing any such transition report, and did not include any assessment of those health and safety issues. Instead, the assessment in the report included only a discussion of financial considerations associated with the transition to the KWA, as well as the so-called "autonomy'' interest that ultimately overrode the relatively cost effective alternative of remaining with the Detroit water supply.
81. On March 25, 2013, the Flint City Council voted to join KWA. The vote had no legal effect because, due to the receivership, the Emergency Manager had sole authority to authorize such a change.
82. The day after the City Council's vote, on March 26, 2013, Busch, the District Supervisor of the MDEQ emailed Wyant regarding the proposal to rely on the Flint River for Flint’s water. In that email, Busch outlined concerns regarding the health risks posed by switching to the Flint River as a water source.
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Specifically, he noted that use of the Flint River would, "[p]ose an increased microbial risk to public health," and "[p]ose an increased risk of disinfection byproduct." Despite this feedback, Wyant, the Director of the MDEQ, wrote Andy Dillon, Michigan's Treasurer to report that "[a]ll indications are that we are supportive" of joining KWA and using Flint's water as opposed to the DWSD.
83. Three days after Director Busch outlined his concerns, Emergency Manager Kurtz signed a resolution authorizing Flint to enter a contract with KWA. Treasurer Dillon approved that decision in April, 2013. In doing so, Dillion expressly noted that he was relying in part on the MDEQ's support of the project as well as Emergency Manager Kurtz's "representations that this deal will lead to substantial savings for the City over the coming decades.
84. In or around June 2013, Emergency Manager Kurtz hired LAN to advise the City with respect to using the Flint River as the City's water source during the construction of the new KWA treatment plan, which was projected to take approximately two years. LAN, which according to a January 15, 2015 City of Flint document entitled "Water System Questions and Answers," had previously advised the City regarding the design of an upgrade to the Flint Water Plant and that "quality control could be addressed."
85. In deciding to proceed with the transition to the Flint River, the City of Flint noted LAN's "extensive experience in this field," and relied upon LAN’s
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identification of the "engineering, procurement, and construction needs" for the

project. Although the City recognized that water from the Flint River "would be

more difficult to treat," the City concluded, based on LAN's recommendations,

that the Flint River was "viable as a source" of the City's water. See City of

Flint, Water System Questions & Answers (Jan. 13, 2015), available at

http://mediad.publicbroadcasting.net/p/ michigan/files/201512/CoF-Water-

System- FAQ-1-16-2015.pdf. LAN continued to advise the City with respect to

its transition to the Flint River through 2015, and ultimately was paid more than

$3.8 million for its engineering services. City officials, including then-Mayor

Walling, relied upon LAN's advice in pronouncing the City's water to be safe.

86.

In October 2013, Defendant Earley stepped in as the Emergency

Manager for Flint. Emergency Manager Earley rejected an offer by DWSD to

continue purchasing water from Detroit until the KWA pipeline could be

completed and the City prepared to switch to the Flint River in April, 2014.

87.

On April 9, 2014, the City received the necessary permits from

MDEQ to draw Flint River water for distribution as the supply source for its

water distribution system during the multi-year transition to the new KWA

facility.

88.

According to the official Michigan website, the MDEQ, "has

primary enforcement authority in Michigan for the Federal Safe Drinking Water

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Act under the legislative authority of the Michigan Safe Drinking Water Act. As

such, the division has regulatory oversight for all public water supplies,

including approximately 1,500 community water supplies and 10,000 non-

community water supplies. The program regulates the water well drilling

industry. Michigan has nearly (1.12 million) households served by private wells,

with approximately 15,000 domestic wells drilled each year. The DEQ also

investigates drinking water well contamination, and oversees remedial activities

at sites of groundwater contamination affecting drinking water wells."

89.

Despite receiving these permits, the water system was not ready

to become operational. According to an email from Flint's Laboratory & Water

Quality Supervisor Glasgow on April 14, 2014,

I have people above me making plans to distribute water ASAP .... I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon . . . . If water is distributed from this plant in the next couple weeks, it will be against my direction.... I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.

90. Glasgow's fears were well founded. The Flint water system was not

prepared for the switch to Flint River water. The Flint River, it turned out, was

contaminated with rock-salt chlorides washed into the river from road surfaces

over the course of many harsh Michigan winters. The level of chlorides in the

Flint River was eight times the levels provided in DWSD water. Chlorides are 29

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highly corrosive, and must be neutralized with anticorrosive agents before entering public water systems.
91. Eleven days after this email was sent, on April25, 2014, Flint's water system officially switched to the Flint River without implementing a necessary corrosion control protocol or otherwise addressing the concerns raised in Defendant Glasgow's email.
C. Use of Flint River Water Immediately Causes Serious Problems Including Bacteria Growth, Buildup of Dangerous Chemicals
92. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water.
93. Despite these complaints, then-Mayor Dayne Walling called the water a "safe, quality product," and claimed that "people are wasting their precious money buying bottled water."
94. His assurances of safety provided little comfort to residents who began to report that the water was making them ill. These concerns proved accurate when, on August 14, 2014, Flint's water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response.
95. To address the bacteria problem, the City treated the water with additional chlorine. However, as has been well known for decades, that in corroded pipes, chlorine preferentially reacts with the bare metal, instead of
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attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply is thus ineffective in treating bacteria.
96. The use of chlorine to disinfect water produces various disinfection byproducts, including trihalomethanes (often referred to as Total Trihalomethanes or "TTHM"). In the presence of bare pipes not protected by a corrosion control protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless. High dosages pose serious health risks, however. For this reason, the EPA and various state agencies regulate TTHM levels.
97. Almost immediately following Flint's bacterial problems, it became apparent that Flint's TTHM levels were alarmingly high. This should have been a red flag. It is well known in the scientific community that high TTHM levels can be a symptom of unprotected and corroding pipes
98. According to the World Health Organization (emphasis added): Chlorine . . . acts as a potent oxidizing agent and often dissipates inside reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing agents (hydrogen sulfide [H2S], manganese(II), iron(II), sulfite [S0 2 Br-, iodide [I-], nitrite). From the point of view of DBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may be fast and result in the consumption of chlorine. 99. That is exactly what happened in Flint's water distribution system. To Flint, it seemed that the initial dosages of chlorine were not effective in
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treating bacteria, so they added more chlorine. Unfortunately, the problem was not that the dosage of chlorine was too low to treat the bacteria; rather, the chlorine was preferentially reacting with the bare pipes instead of solely attacking the bacteria. The pipes were bare because the Flint River's corrosive water had stripped away the pipe's protective coating. Now Flint had a second problem: the excess chlorine generated high levels of TTHM. On December 16, 2014, Flint's water tests revealed TTHM levels in excess of federal limits.
100. Soon thereafter on December 31,2014, the first round of lead monitoring results showed 90th percentile lead level result of 6 parts per billion with two samples above action levels for lead (15 parts per billion). Importantly, however, these samples were not necessarily drawn from the highest risk homes as required by various environmental regulations.
101. None of the Governmental Defendants notified the public of these initial test results. However, on January 12, 2015, in response to water quality concerns, the state installed water coolers in state offices in Flint and gave state employees the option to use bottled water and provide bottled water to visitors. Unfortunately, the people of Flint were not given these options, resources, or information.
D. Concerns Regarding Flint’s Water Multiply Exponentially as Michigan Experiences an Outbreak of Legionnaires Disease and Initial Lead Concerns Emerge
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102. As City and State officials were beginning to assess the extent of Flint's TTHM problems, another problem emerged in the summer of2014- the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires' disease.
103. Legionnaires' disease, or legionellosis, is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the mortality rate rises to 80%. Infection in humans occurs when water droplets contaminated with Legionella bacteria are inhaled or when water containing Legionella enters the trachea. Legionella has been extensively studied and the conditions for likely outbreaks of the disease are well understood.
104. Critically, Michigan and the MDEQ knew at least as early as October 1, 2014, that one of the causes of the bacterial contamination was the existence of iron pipes in the City's water distribution system. According to a briefing statement prepared by MDEQ and sent to Governor Snyder:
Most of the city's 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall. 105. In addition to a rise in the reported incidence of Legionnaires' disease, MDHHS first noted another potential problem related to Flint's water in
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September 2014. According to an internal memo not circulated to the public until much later, MDHHS warned that lead poisoning rates "were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014."
106. Despite this knowledge, the Government Defendants took no steps to address the City's corrosion control problems. To the contrary, officials took affirmative steps to avoid publicly recognizing the role of corrosion in Flint's water problems.
107. On October 13, 2014, General Motors announced that it would stop using water from the Flint River at its engineering plant due to fears that it would cause corrosion. In response, Defendant Prysby wrote to Defendants Busch, Smith and others that the Flint River water had elevated chloride levels. He stated that "although not optimal[,]" the water was "satisfactory." He noted that he had "stressed the importance of not branding Flint's water as 'corrosive' from a public health standpoint simply because it does not meet a manufacturing facility's limit for production."
108. Despite the MDEQ's report that Flint's water tests revealed TTHM levels in excess of federal law, on January 6, 2015, Flint's former mayor, Dayne Walling, told Flint's residents the water was safe, assuring them that his family used it.
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109. Three days later, on January 9, 2015, University of Michigan-Flint water tests revealed high lead levels in two locations on campus, causing the university to tum off certain water fountains.
110. Despite the well-known problems with bacteria and TTHMs and the slowly emerging concerns regarding lead contamination and Legionnaires' disease, Emergency Manager Earley rejected pleas by City Council members to stop using Flint River water and return to DWSD. Earley stated it would be too expensive to switch back to DWSD as Flint's water source; however, some reports indicate that Earley rejected an offer from DWSD to waive the $4 million reconnection fee if Flint wished to switch back to Detroit water.
111. Instead of switching back to the DWSD, additional assurances of the water's safety were relayed to residents. On January 13, 2014, Flint's Department of Public Works published a letter regarding Flint's water and the City's response. The letter was signed by Defendants Croft, Walling, and Ambrose and purported to assure concerned citizens that the City was taking steps to address the bacteria and TTHM problems with Flint's water. Critically absent from this letter was any mention of the role of corrosion in causing Flint's problems - despite internal documentation that they knew corrosion was involved or any warnings related to lead exposure or the presence of Legionella contamination.
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E. LAN and Veolia – Retained to Render Flint’s Water System Safe – Do Just the Opposite, Worsening Flint’s Corrosion and Lead Problems
112. In the midst of growing concerns about the safety of its water, Flint engaged two engineering companies to provide their professional opinion regarding the necessary changes to render the water compliant with state and federal laws.
113. First, the City engaged LAN. LAN had previously advised the City in connection with an upgrade to the Flint Water Plant and was not required to submit a bid for the new job. Rather, its services were retained by resolution. On June 26, 2013, it was resolved by Emergency Manager Kurtz, that the City would "enter into a Professional Engineering Services contract with Lockwood, Andrews & Newnam, Inc. for the administration of placing the Flint Water Plant into operation using the Flint River as a primary drinking water source at a cost of $171,000.00." In addition to Kurtz's signature, the resolution was also approved by Peter M. Bade, the Chief Legal Officer and Defendant Ambrose who was acting as the Finance Director at the time.
114. Initially, the City hired LAN to complete an "Operational Evaluation Rep01t 'OER' in conformance with EPA guidelines with the goal to determine the cause(s) of high levels of TTHM and evaluate possible solutions." The U.S. EPA.'s guidelines for completing an OER include examining whether
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there has been a change in water source or quality which includes an examination into the pH of the water. Additionally, the guidelines require an examination into whether there has been any change in chemical applications including changing dosage or chemicals.
115. The scope of LAN's assignment expanded overtime and LAN ultimately was paid approximately $3.8 million for work it performed in connection with the Flint water system between 2013 and 2015. As recently as November 2015, LAN was retained pursuant to a $907,000 "add-on" to its existing contract to advise the City regarding the transition to the new KWA plant. Throughout the relevant time period, City officials relied on LAN to use its professional expertise to properly advise them on how to maintain the safety, quality and reliability of the City's water supply.
116. In addition to its reliance upon the professional services provided by LAN, Flint also issued an Invitation to Bid for Professional Water Consultant Engineering Services. No other firm submitted a bid. Despite the extensive nature of the services requested, the price of Veolia’s bid was only $40,000. The City sought to engage an engineering company with a broad scope of work to "review and evaluate the water treatment process and distribution system, provide recommendations to maintain compliance with both state and federal agencies, and assist in implementing accepted recommendations." The
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Invitation to Bid further specified that the engineering firm would be asked to provide an "[e]valuation of the City's processes and procedures to maintain and improve water quality/' and a "[r]eport that outlines recommendations that will improve the water treatment and distribution system."
117. In response, Veolia submitted a bid and the City engaged Veolia's services. On February 10, 2015, Veolia and the City issued a joint press release to the community at large, indicating that Veolia was an "urban water expert" in "handling challenging river water sources" and that it would essentially be evaluating all of the City's water treatment processes.
118. The press release contained no limitation on Veolia's scope of work. David Gadis, the Vice President of Veolia North America's Municipal & Commercial Business stated, "We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint." He continued, "We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water." Based on these representations, the people of Flint had every reason to rely on Veolia's subsequent representations of safety.
119. LAN's and Veolia's performance of their professional duties fell far short of the appropriate standard of care employed by an engineer of ordinary
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learning, judgment, or skill. Specifically, LAN's and Veolia's professional negligence took two forms: (1) a failure to conduct a root-cause analysis that would have identified the need for corrosion control, and (2) the recommendation to add ferric chloride which rapidly increased the rate of corrosion in Flint and, correspondingly, the amount of lead that leached into Flint's drinking water.
1. LAN and Veolia Fail to Conduct a Proper Root Cause Analysis or Recommend Corrosion Control.
120. Both LAN and Veolia were hired to ensure Flint's water system was compliant with federal and state environmental statutes after tests revealed TTHM concentrations in excess of federal limits. In February 2015, LAN issued its report "Trihalomethane Formation Concern," and on March 12, 2015, Veolia issued its report, "Flint Michigan Water Quality Report." Critically absent from either report was a root cause analysis identifying corrosion as a cause of Flint's high TTHM levels. LAN's and Veolia's failure to perform a root cause analysis constituted professional negligence.
121. A root cause analysis is a process designed for use in investigating and categorizing the root causes of events with safety, health, environmental, quality, reliability, and production impacts. The purpose of a root cause analysis is to identify why a given event occurred in addition to describing what occurred. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event.
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122. Providing engineering recommendations for addressing an event (such as high TTHM levels) without performing a proper root cause analysis to understand why the event occurred is the equivalent of a doctor performing heart surgery after a patient complains of chest pains - certainly surgery may be necessary to address the underlying cause of the patient's chest pains, but one cannot know without investigating the cause of the patient's symptoms.
123. LAN and Veolia should have done a proper root cause analysis to determine the cause of the high TTHM concentrations, but they negligently did not. Had they done so, LAN and Veolia would have discovered that the Flint River, like many urban rivers, was highly contaminated with salt from road deicing operations that was likely corroding Flint's pipes. Salt is composed of sodium and chloride. Chloride is known to be very corrosive to iron pipes.
124. Having identified the root cause, they would have prompted the City to address the root issue- a course of action which would have prevented almost all of the tragic consequences that actually followed. Instead, both LAN and Veolia myopically focused on what they believed to be the sole cause of TTHM- poor disinfection effectiveness.
125. LAN's and Veolia's failure to conduct a root cause analysis recognizing the corrosion's role in Flint's water problems is truly inexplicable. Indeed, several characteristics of Flint's water system and related problems
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should have placed LAN and Veolia on high alert that pipe corrosion was a likely cause. The most rudimentary analysis would have confirmed this. Indeed, LAN and Veolia ignored several red flags that should have alerted them to the extensive corrosion and pH problems with Flint's water system.
126. For example, it should have been obvious to LAN and Veoliaas professed experts on water quality and treatment issues - that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations during many Michigan winters. It is well known that chloride concentrations in northern U.S. rivers have increased dramatically over time with average concentrations approximately doubling between 1990 and 2011. This phenomenon is particularly evident in cold, urban settings, such as Flint, Michigan, where there is both significant snowfall and dense roadways requiring de-icing. Chloride contamination should have been obvious to water-engineering specialists such as LAN and Veolia given these characteristics.
127. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey ("USGS"), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. City of Flint, City of Flint
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2014 Annual Water Quality Report (2014), https://www.cityofflint.com/wpcontent/uploads/CCR-2014.pdf.
128. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint's prior water source, would have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight-times more chloride than the DWSDsupplied water.
129. The Flint River water also had an extremely high chloride-tosulfate mass ratio ("CSMRn) of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-tosulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint's CSMR posed serious corrosion risks.
130. The City's inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the U.S. EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine was caused by corroded pipes. Flint's inability to treat E. coli with
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chlorine - and the resulting TTHM problem- should have placed LAN and Veolia on notice that Flint's pipes were corroding and releasing lead and other materials into the drinking water supply.
131. The uptick in reported cases of Legionnaires’ disease, reported during a press conference prior to LAN’s and Veolia’s retention, should have similarly put LAN and Veolia on notice that Flint’s water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires’ disease, grows on the film on the inside of pipes and is found in potable water. Legionella can exist in water distribution systems, including homes, hospitals, hotels, and any other building supplied with water. Legionella is transmitted into the air by plumbing equipment such as faucets, showerheads, hot water tanks, humidifiers, respiratory therapy equipment, and whirlpool baths where it is then inhaled, resulting in infection.
132. One of the most common causes of Legionnaires’ disease is exposure to impacted potable water. While Legionella is found widely throughout the environment, it is fairly rare that an outbreak occurs. Outbreaks are related to environmental factors, not person-to-person exposure. Flint’s outbreak of Legionnaires Disease indicated the presence of Legionella bacteria in Flint’s pipes and, relatedly, the likely presence of pipe corrosion.
133. Legionella exhibits several properties that allow them to persist in extreme environmental conditions such as low and high temperatures, presence of
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disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are in warm water between 35° and 46° Celsius (C) (95°–114.8° Fahrenheit (F)). These environmental conditions promote and protect Legionella growth due to the association between Legionella and biofilms, as well as their symbiotic and parasitic interactions with other microorganisms. They are also ideal conditions for pipe corrosion.
134. Legionnaires’ disease is associated with biofilms and corrosion in piping systems, and water with a pH in the range of 5.0 to 8.5. All of these conditions were present in the Flint water supply, yet neither LAN nor Veolia made any recommendations to treat the water to prevent or abate an outbreak. LAN and Veolia should have known that the outbreak of Legionnaires’ disease was related to corroding pipes, and should have recommended steps to abate the corroded pipe and conditions causing corrosion.
135. Moreover, in constructing and maintaining drinking water systems, operational and procedural efforts must be taken to prevent the growth of Legionella, including an assessment of the quality of the source water and the installation, operation, and maintenance of systems to protect the installations from sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
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136. Finally, just the color of Flint’s water should have led any reasonable engineer to the conclusion that Flint’s pipes were dangerously corroded. The source of Flint’s water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint’s water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
137. Had LAN and Veolia conducted a proper root cause analysis, or even simply paid attention to any of the myriad warning signs presented to them, they would have been alerted to the significant corrosion problem and the lack of a proper corrosion control protocol.
138. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: “Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem. . . Lead corrosion products observed on lead pipes include lead(II) carbonates and phosphates and, more recently, lead(IV) oxide (PbO2(s)). Solubility and dissolution rates of corrosion products are affected by water
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chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual.”
139. To address systems such as Flint’s that still incorporate lead pipes, the federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule (LCR) in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
140. Flint’s lack of a corrosion control protocol constituted a clear violation of the EPA’s Lead and Copper Rule. Given this violation, Veolia’s conclusion in its March 12, 2015 report that its “review of water quality records for the time period under our study indicates compliance with State and Federal water regulations” was clearly false.
141. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia’s report states, “The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water.” The report explains that, “Polyphosphate addition will not make discolored water issues go away.” Thus, rather than recognizing that
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corrosion control was required to render Flint’s water system compliant with federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not have a corrosion control protocol and undermined the importance of installing one by stating that it was unlikely to be effective in addressing discoloration (without the slightest mention of the urgent need to implement this to address the severe lead contamination in the water). Even Veolia’s suggested dosage, 0.5 mg/L was far too low. The City is now adding four to eight times as much phosphate, 2 to 4 mg/L.
142. Veolia knew or should have known that the Flint water system was in violation of federal safe drinking water standards. Its affirmance that Flint was in compliance with federal environmental standards – a false assurance that Flint’s water was safe – wrongly instilled confidence in Flint’s water on behalf of both the City and its residents. As a direct and proximate result, Flint did not take further steps to resolve its water problems and the City’s residents continued to drink the water.
143. LAN, too, knew or should have known that Flint’s water was in violation of federal regulations. It should have immediately alerted Flint and its citizens to the corrosive blight eating away at Flint’s pipes and poisoning its residents; instead, it produced a bland report that implicitly endorsed Flint’s policy of neglect.
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144. “Lead has been a challenge and a bane for water suppliers since historical times. . . . The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births.” Dr. Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 2010) (hereinafter, “IWA Guide”).
145. LAN and Veolia should have quickly realized that the pipes were corroding and releasing lead and other elements into Flint’s water, and that the corrosive water was coursing through resident’s homes and businesses. LAN and Veolia negligently failed to make these basic observations and, as a direct and proximate result, pipes throughout Flint corroded. Had LAN and Veolia conducted any proper root cause analysis, they would have known that corrosion was causing Flint’s TTHM levels as well as a related lead problem. Their failure to conduct the proper analysis constituted professional malpractice.
2. LAN and Veolia Recommend Adding Ferric Chloride to Flint’s Water
146. Not only did LAN and Veolia fail to conduct any proper root cause analysis, they affirmatively made Flint’s corrosion problem worse by recommending the addition of ferric chloride – a very potent, corrosive acid –
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without the addition of an alkaline buffer to raise the pH. This exacerbated the problems with Flint’s water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
147. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out of the water at the treatment plant. Ferric chloride is highly acidic and corrosive and, if unbuffered by an alkaline substance, will attack the pipes throughout the distribution system causing lead and other materials from the pipes to be released into the drinking water. Accordingly, it is universally agreed that to reduce corrosion, some form of phosphate or other corrosion control must be added to coat the pipes. This industry practice applies to minimizing the impact of ferric chloride, and indeed, chloride from other sources (e.g., the Flint River). And, as discussed above, the requirement to add a corrosion control is mandated by the Federal Safe Drinking Water Act.
148. Veolia’s March 2015 report states that prior to arriving at its conclusions, Veolia undertook “laboratory testing” and concluded that, “[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended.” Veolia acknowledged that its recommended increase was significant: “This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year.”
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149. Specifically, Veolia’s report states:
Increase of Ferric Chloride – Four coagulants were tested by Veolia ferric chloride, ferric sulfate, polyaluminum chloride (PACl) and aluminum chlorohydrate (ACH). Ferric chloride and ACH were found to be the best choice of product for effectiveness in removing TOC, a precursor to TTHM formation. Current ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended. Again, please note, that the amount of chemical needed changes with the nature of the river and as such, water must be tested multiple times a day with corresponding changes in chemical dosages. This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year. The increase in chemical costs could be up to $1,000,000 per year. This change in dosage (using ferric chloride) can be made immediately without state permit review. (Emphasis added.)
150. At the same time that Veolia gave the unqualified opinion that the
current dosage is “too low,” and should be doubled, Veolia knew that the City had
no corrosion control protocol and knew (or should have known) that corrosion was
already a significant problem in Flint. Veolia’s directive that the City double its
dosage of ferric chloride was unqualified and in no way warned that ferric chloride
could increase corrosion. Moreover, Veolia failed to inform the City that in order
to increase the dosage of ferric chloride (or indeed to use any chloride at all) it
must also raise the water’s pH and use phosphate to protect the pipes from
corrosion.
151. In August, 2015, LAN made the same recommendation to increase
the dose of ferric chloride:
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Increasing the dose rate of ferric chloride is an operational change that can easily be implemented without the need for any additional equipment. Test results show that over 40% THMFP removal can be obtained with a dosage of 60 mg/L Fe3+ or higher. Increased dosing of ferric chloride would be most ideal coupled with regular raw water TOC monitoring so that TOC levels would dictate the appropriate ferric chloride feed rate. 152. LAN and Veolia should have told the City that the addition of
phosphate and a pH buffer was mandatory to prevent the leaching of lead from
pipes – especially if the ferric chloride concentration was increased. No such
recommendation was made.
153. As a direct and foreseeable result of LAN’s and Veolia’s
recommendations, Flint increased the ferric chloride dosage without adding
corrosion controls.
154. The ferric chloride added to Flint’s water system at LAN’s and
Veolia’s suggestion caused substantially greater amounts of lead to leach into
Flint’s water supply.
155. The impact of acid on metal, which would include the pipes and
appliances in Flint, is well known to water experts. As indicated by the Centers for
Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . .
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Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. . . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water. Centers for Disease Control and Prevention, Fluoridation of Drinking Water and Corrosion of Pipes in Distribution Systems Fact Sheet, http://www.cdc.gov/fluoridation/factsheets/engineering/corrosion.htm (last updated July 10, 2013). 156. A graph prepared by the Flint Water Study Group from Virginia Tech University shows that the pH of Flint’s water distribution system became more acidic after the Veolia Report was issued in March, even as the pH in the Flint River became less acidic:
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157. The graph above shows that the Flint River had a pH at or above 8.0 S.U. for all of 2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint’s municipal water supply started dropping steadily from 7.9 S.U. in March (just after Veolia made its recommendation to double the ferric chloride concentration) to 7.3 S.U. in August. This difference is significant. pH is measured on a logarithmic scale, which means that a pH of one whole number, such as 7.0 S.U., is ten times more corrosive than a pH of another whole number, such as 8.0 S.U. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint’s water.
158. The graph above is punctuated with quotes from Defendants’ emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint’s drinking water.
159. On June 24, 2015, the U.S. EPA reached a similar conclusion about the City’s addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network. Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to
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Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added).
160. The corrosivity of ferric chloride is well known. Ferric chloride is highly acidic, and has a pH < 1, which is equivalent to battery acid. See James DeWolfe, Guidance Manual for Coagulant Changeover at 52, (AWWA Research Foundation, 2003).
161. The method for addressing the impact of ferric chloride is also well known. Because ferric chloride lowers the drinking water pH to corrosive levels, the standard procedure is to raise the pH to the neutral or even alkali ranges. “The water quality parameters that can impact the corrosion of distribution system and domestic piping systems include pH, alkalinity, TOC, aluminum, sulfate, chloride, hardness, oxygen levels, and disinfectant residual. Corrosion of lead and copper pipes has been described by various researchers. . . ” U.S. EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999) (hereinafter, “U.S. EPA Guidance”).
162. The EPA has further explained that, “[c]ontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or enhanced softening is implemented.” Id.
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163. This is true because, “[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation.” Id.
164. “Enhanced coagulation and enhanced softening may change the chemistry of the water entering the distribution system. Before enhanced coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed. . . . If the recommended mitigation actions represent a major change in corrosion control, the utility can conduct pilot-scale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals.” Id.
165. “The vast majority of U.S. utilities were able to comply with [U.S. EPA’ s] lead and copper rule by: 1) pH and alkalinity adjustment, most frequently to the pH range of 9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble PbO3 deposits through chlorination to high ORP [and sometimes concurrent adjustment to > 9 S.U.” IWA Guide at 46.
166. Fresh water can have widely ranging pH values depending on the geology of the drainage basin or aquifer and the influence of contaminant inputs.
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If the water is acidic, lime, soda ash, or sodium hydroxide can be added to raise the pH during water purification processes. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
167. Both LAN and Veolia analyzed the pH in Flint’s water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Flint’s water would have been less corrosive and, relatedly, less lead would have leached into Flint’s water.
3. Veolia and LAN Mislead the Public, Falsely Assuring Them the Water Was Safe.
168. LAN and Veolia were hired for the express purpose of determining the cause of Flint’s water problems and identifying the corrective measures necessary to render Flint’s water system compliant with state and federal regulations.
169. LAN and Veolia entirely failed to satisfy the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint’s TTHM levels and, relatedly, caused lead and other materials leaching into Flint’s water supply. Moreover, a proper
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root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
170. Despite recognizing that Flint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN and Veolia’s reports implicitly and explicitly deemed Flint’s water system compliant with federal regulations. By doing so, LAN and Veolia wrongly accorded Flint’s water the imprimatur of safety.
171. Accordingly, not only did the City of Flint fail to take the proper steps to render its water system compliant, but Plaintiffs and the Class were wrongly assured they could continue to drink Flint’s water. These false assurances had catastrophic results.
F. The Poisoning of Flint’s Water & Cover-Ups at Every Level 172. On February 26, 2015, the City of Flint tested LeeAnn Walters’s water for lead and the results were dangerously high. According to that test, the water at Ms. Walters’s home contained 104 parts per billion (ppb) of lead – nearly seven times the EPA’s 15 ppb limit. The City official who conducted the test, Defendant Glasgow, characterized the result as “very high.” Mr. Glasgow informed Ms. Walters, a mother of four, that he was, “[s]orry for this news,” but otherwise provided no guidance regarding the relative safety of the water, what
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was being done to solve the problem, or whether Ms. Walters and her family should continue drinking the water.
173. Ms. Walters turned to the EPA for guidance, forwarding the test results to the EPA. Jennifer Crooks of the EPA’s Region 5 office immediately reached out to Defendants Busch and Prysby at the MDEQ, “to alert you to the high lead levels reported to a citizen yesterday by Flint Water Dept. . . . Mike Glasgow at the plant . . . did test it to find that the iron levels were greater than his test would go; GT 3.3. But, because the iron levels were so high, he suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3… Big worries here.”
174. Ms. Crooks further explained in her email, “[t]hat the different chemistry water is leaching out contaminants from the insides of the biofilms inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant.”
175. Despite these “Big worries” and the risks to at least two small children, MDEQ still did nothing except advise Ms. Crooks that Ms. Walters’ home should be re-tested for lead, “after flushing the tap to demonstrate that flushing the tap will reduce the lead concentration.”
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176. Ms. Crooks was quick to point out that flushing in advance of sampling would not solve the problem. She wrote, “The City can’t just flush in advance of taking the compliance samples, they have to flush the lines on a regular schedule.”
177. The Regulations Manager of the Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following on February 26, 2015: “Miguel was wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it Phosphates?”
178. On February 27, 2015, MDEQ’s Stephen Busch unequivocally and falsely informed the EPA that, “The City of Flint . . . Has an Optimized Corrosion Control Program [and] Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results.”
179. On March 3, 2015 – after the City increased its ferric chloride dosage to address TTHM levels – Ms. Walters’s home was retested and showed lead levels of 397, more than twenty-six times the legal limit. Again, Michigan, MDEQ, and the professional engineers retained to advise Flint regarding its water system, did nothing to investigate, ameliorate, or inform the public regarding the extreme hazard posed by the City’s water supply.
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180. This result again prompted the EPA to contact MDEQ via telephone. MDEQ responded to the EPA in a voicemail, falsely stating, “that the high lead levels at the Walters’ home are due to lead sources in the homeowner’s plumbing.” A subsequent inspection by the EPA revealed this statement to be false. The internal pipes at the Walters’ house were all plastic and approved for drinking water use.
181. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of 3 µg/dL. Fearing that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood re-tested for lead on March 27, 2015. This test reported a blood lead level of 6.5 µg/dL – higher than the CDC’s 5 µg/dL threshold.
182. Ms. Walters brought this information to the attention of local health officials. Far from recognizing the danger posed by this result, Ms. Walters’s concerns were casually dismissed and even belittled. “He is barely lead poisoned,” Ms. Walters was told by a state nurse, “If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation.” The same nurse continued, “I am working with kids in their 40’s and 50’s. It is just a few IQ points . . . it is not the end of the world.”
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183. Ms. Walters’s water was again re-tested on April 28, 2015. Those tests showed extremely high lead levels between 200 ppb and 13,200 ppb, with an average of 2,429 ppb. The legal limit is 15 ppb – accordingly, at the high-end, the lead in Ms. Walters’ home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists to investigate the Flint water system. That team, lead by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study which has sought to compile information related to the Flint water crisis. In response to Virginia Tech’s results, the City, State, and MDEQ remained silent.
184. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved “preflushing” before collecting samples. According to Mr. Del Toral, “pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water.” Pre-flushing, while not expressly prohibited, “negates the intent of the rule to collect compliance samples under ‘worst-case’ conditions.” No public
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announcements were made regarding the existence of lead in Flint’s drinking water.
185. Having seen no action from Michigan, MDEQ, or the City in response to its prior letter regarding the Walters’ high lead tests, Mr. Del Toral drafted and sent a memorandum to the EPA and several officials within MDEQ including Defendants Smith, Cook, Busch, and Prysby on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA’s “major concern from a public health standpoint” was “the absence of corrosion control treatment in the City of Flint for mitigating lead and copper levels in the drinking water.”
186. Mr. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint’s water was directly related to the City’s use of ferric chloride to remove bacteria and reduce TTHM levels. Mr. Toral explained what any reasonable engineer should have already known, “[s]tudies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network.”
187. The importance of collecting samples that accurately depicted real world scenarios – in other words, scenarios where people did not allow their water to run for several minutes before drinking it – was incredibly important because, “compliance sampling results which are reported by the City of Flint to residents
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could provide a false sense of security to the residents of Flint regarding lead levels in the water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water.”
188. It also has come to light that Michigan’s and the MDEQ’s initial tests for lead were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months of 2015 were incorrectly labeled as having come from homes with lead service lines when, in truth, the samples had been taken from homes with underground plumbing made of copper, galvanized steel, or other materials that pose lower risks of corrosion, according to the City’s own documents.
189. The City’s and MDEQ’s failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint’s drinking water, this failure also constituted a violation of federal environmental laws which require water sampling be done at “high-risk” locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such high-risk homes.
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190. Defendant Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning, Defendant Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location of lead service lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
191. Accordingly, Defendant Glasgow and the MDEQ violated federal environmental regulations by failing to properly collect samples from at-risk homes and, as a result, failed to promptly and fully identify the presence of lead in Flint’s drinking water. These failures both delayed corrective action and wrongly induced a belief among Flint’s citizens that the water was safe. Flint’s water crisis did not begin to get the attention it needed until Mr. Del Toral’s memorandum was leaked to the ACLU and the press, prompting lawsuits and investigations.
192. But even this memorandum failed to prompt the City, State, or MDEQ to action. Instead, and despite being in receipt of information to the contrary, public officials continued to maintain that the water was safe. On July 10, 2015, Defendant Wurfel of MDEQ stated in an interview with Michigan Public Radio, “anyone who is concerned about lead in the drinking water in Flint can
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relax. It does not look like there is any broad problem with the water supply freeing up lead as it goes to homes.”
193. According to internal emails and reports from MDEQ, on July 27, 2015, the MDEQ “scrubbed” Flint’s Lead and Copper Rule Report to remove two high lead results before releasing the report to the public – affirmatively misleading the public regarding the health threat posed by Flint’s water.
194. Concerns regarding corrosion of Flint’s pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed what many had long suspected: the Flint River was substantially more corrosive than Flint’s prior water source with about eight times the amount of chloride. In September, Virginia Tech’s analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered “hazardous waste.” The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
195. As evidence of a massive lead problem mounted in the fall of 2015, MDEQ officials continued to deny any concerns about the water. Defendant Wurfel tried to cast doubt on Virginia Tech’s test results and Defendant Wyant, the Director of MDEQ, falsely told reporters that the City’s use of lime controlled the corrosion and leaching of lead.
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196. On September 24, 2015, Dr. Mona Hanna-Attisha, a pediatrician at Hurley Medical Center, released a study showing that the levels of lead in children tested after the City of Flint started using Flint River water were much higher than before the switch.
197. Specifically, Dr. Hanna-Attisha studied data from blood levels processed at Hurley Medical Center for children under 5 years of age residing in zip codes 48501-48507 and compared Elevated Blood Level (EBL) percentages for the period January 1, 2013 to September 15, 2013 with the period January 1, 2015 to September 15, 2015. An EBL result was defined as a blood level in excess of 5 g/dL. This corresponds with the CDC’s recognized blood lead limits. According to her report, 2.1% of blood samples reported EBLs during the pre-switch 2013 period compared to 4% EBLs after the switch. In other words, the incidence of blood poisoning doubled after Flint switched water sources and LAN and Veolia recommended the addition of ferric chloride.
198. Tragically, Dr. Hanna-Attisha’s study revealed especially high incidence of EBLs for children 15 months of age and under. For those children residing in homes where drinking water tested high for lead, the rate of EBL is three times the pre-switch period. But no children in Flint are safe – even among those children who resided in areas of Flint that did not report high lead levels in the water, the incidence of lead poisoning nearly doubled. Moreover, the lead that
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was released from pipes now exists in sediment throughout the system and in the pipes and appliances in resident’s homes and businesses, and can become remobilized into the drinking water at any time. This demonstrates the significant impact of the water switch on the entire community: no matter where one resides in Flint, the risk of lead poisoning cannot be escaped.
199. Despite evidence that the Michigan Department of Health and Human Services was aware of EBLs as early as September 2014, Michigan’s HHSD spokesperson, Angela Minicuci, initially reported that blood lead levels in Flint had remained steady since the switch to Flint River. MHHSD later acknowledged that lead levels were increasing consistent with Dr. HannaAttisha’s findings.
G. Despite Admissions of Wrongdoing, Problems Continue Unabated 200. On October 16, 2015 – at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding pipes were causing contamination of the community’s water, the City switched back to using water from the Detroit Water and Sewer Authority. 201. In an email dated October 18, 2015, from MDEQ Director Wyant to Governor Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized
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corrosion control. He wrote, “I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning.”
202. It was not until these mistakes came to light that Defendants took the steps necessary to begin to bring Flint into compliance with federal environmental laws. On October 30, 2015, Defendant Prysby emailed Defendant Glasgow, instructing him to institute the requisite corrosion control.
203. By this point, however, the damage was done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into the homes and businesses of Flint’s residents was replacing the pipes.
204. Since the crisis first came to light, various entities have initiated investigations into the persons and entities that caused the crisis. The statesponsored Flint Water Advisory Task Force issued its final report in March, 2016. That report recognized that, “[u]ltimate accountability for Michigan executive branch decisions rests with the Governor,” but found misconduct on behalf of several persons and government entities.
205. Likewise, Congress has held hearings related to the Flint crisis, calling several individuals, including Governor Snyder to testify before the
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Committee. Critically, however, neither the state-sponsored Task Force nor the Congressional hearings have resulted in any compensation being awarded to Plaintiffs or the Class, nor have any of these investigations fully examined the role of LAN and Veolia in causing this crisis.
H. Personal and Property Damages Suffered by the Class 206. As a direct, proximate and foreseeable cause of Defendants’ conduct, Plaintiffs and the Class have suffered extensive personal and property damage.
1. Lead’s Devastating Health Effects and Other Personal Injuries Caused by Flint’s Water Crisis.
207. Lead’s catastrophic effects are indisputable. According to the EPA, “[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
208. According to the World Health Organization, “lead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and
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reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible.”
209. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
210. Lead is so harmful that, according to the EPA, “ingestion of lead can cause seizures, coma and even death.”
211. The effects of lead exposure are long lasting. The EPA has explained that, “[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth.”
212. Lead is also harmful to adults. The EPA warns that “[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure
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and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women).”
213. The costs of lead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course of appropriate treatment. Leonardo Trasande and Yinghua Liu, Reducing The Staggering Costs Of Environmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (2011): 863870.
214. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning – typically chelation therapy – as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
215. Given the long-lasting risks of lead exposure, and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
216. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires’ disease. As explained above, the presence of Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class
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contracted Legionnaires’ and at least nine died. Those members of the Class who

became infected with Legionnaires’ disease suffered death, and for those who

lived, incurred pain and suffering as well as substantial medical costs due to

Defendants’ conduct.

217.

Finally, as a direct and proximate result of Defendants’

conduct, Plaintiffs and the Class have suffered extreme emotional distress.

2. Flint’s Children: Catastrophic Lifetime Losses

218. Flint’s most vulnerable – its children – have suffered the most

disastrous consequences from lead exposure – diminished potential over the entire

course of their lives. The World Health Organization states, “[t]hese costs are

sometimes referred to as lost opportunity costs. Using a conservative estimate, the

decrease in intelligence attractable to each 1 µg/dl increase in blood lead level is

0.25 IQ points, and the decrement in lifetime economic productivity associated

with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the

aggregate loss of intelligence (and thus economic productivity) can be substantial.”

219. Notably, this estimate is conservative as it relates solely to lost

earning potential and does not include costs related to special educational, medical,

sociological, disability and occupational services, or long-term monitoring and

treatment costs.

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220. According to an analysis of the economic losses attributable to lead exposure in 2009, “[t]he present value of Michigan’s economic losses attributable to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings.” Michigan Network for Children’s Environmental Health, The Price of Pollution: Cost Estimates of EnvironmentRelated Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates of the fallout from Flint’s lead crisis.
221. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
222. As a direct and proximate result of Defendants’ conduct, Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
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3. Property Damages Caused by Defendants’ Conduct 223. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants’ conduct, as described above, has caused significant property damage. 224. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and potentially Legionella – thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs’ and the Class’s real property has been substantially diminished as a result of the continuing questionable safety of Flint’s water and existence of corroded pipes and appliances. 225. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply. 226. The residents’ homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded
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until replaced, and continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
227. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: “[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains.”
228. The Water Research Watershed Center has further explained that, “The cost of corrosion can be expensive. Corrosion can impact you and your family’s health, aesthetic quality of your water, waste money, and damage your household piping and fixtures.”
229. Not only does corrosion cause the “premature failure of household plumbing and plumbing fixtures,” the Water Research Watershed Center has explained, corrosion also “decreases the efficiency of hot water heaters and may cause premature failure to the heater.” Moreover, residents have already reported
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damage to major appliances such as dishwashers and washing machines following Flint’s decision to switch water sources.
230. According to emails from Governor Snyder’s office, the State estimates that replacing Residents’ pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
231. Corroded pipes not only present a continuing health threat, they risk further damage to one’s property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
232. Although the City has stated it intends to begin replacing some Cityowned pipes, this is far from sufficient to render Flint’s water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that “changing all the mains in the city will not really solve the problem for the homeowners” because the lead piping in these homes probably has been severely compromised. “The corrosion is not going away. It’s still there.”
233. Plaintiffs and the Class have been left to pay for the damage caused by Defendants. This has proven nearly impossible as many of the City’s residents survive on very little money. To make matters worse, the Washington Post has reported that, “many in Flint say banks are refusing to offer refinancing that could
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free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say.”
234. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
235. Moreover, the problems associated with Flint’s water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, “[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing.”
236. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: “[u]ntil [water] testing and potability is affirmed, it will be difficult to lend,” said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to
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Flint’s residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require “a continuing and sufficient supply of safe and potable water” to provide home financing.
237. This creates a true catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe.
V. CLASS ACTION ALLEGATIONS 238. Plaintiffs bring this action and seek to certify and maintain it as a class action under Rules 23(a); (b)(1) and/or (b)(2); and (b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and similarly situated individuals in the City of Flint, Michigan, subject to amendment and additional discovery as follows: a. All persons and entities that have resided in, or owned or rented
property in, the City of Flint, Michigan since April 25, 2014.
239. Excluded from the Class is: a. Defendants, including any entity or division in which Defendants have a controlling interest, along with their legal representative, employees, officers, directors, assigns, heirs, successors, and wholly or partly owned subsidiaries or affiliates; b. the Judge to whom this case is assigned, the Judge’s staff, and the Judge’s immediate family; and 78

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c. all governmental entities. 240. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way.
NUMEROSITY AND ASCERTAINABILITY 241. This action meets the numerosity requirement of Fed. R. Civ. P. 23(a)(1), given that the amount of affected Flint residents and property owners, upon information and belief, has reached the tens of thousands, making individual joinder of class members’ respective claims impracticable. While the precise number of class members is not yet known, the precise number can be ascertained from U.S. Federal Census records, State of Michigan and City of Flint public records, and through other discovery. Finally, Class members can be notified of the pendency of this action by Court-approved notice methods.
TYPICALITY 242. Pursuant to Federal Rules of Civil Procedure 23(a)(3), Plaintiffs’ claims are typical of the claims of class members, and arise from the same course of conduct by Defendants. Plaintiffs’ persons and real property, like all Class Members, has been damaged by Defendants’ misconduct in that they have incurred damages and losses related to the introduction of highly corrosive water from the Flint River into the public water supply, causing lead contamination and personal
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injury damages, destroying the lead supply pipes, and causing the ongoing water crisis in Flint. Furthermore, the factual bases of Defendants’ actions and misconduct are common to all Class Members and represent a common thread of misconduct resulting in common injury to all Class Members. The relief Plaintiffs seek is typical of the relief sought for absent Class Members.
ADEQUACY OF REPRESENTATION 243. Plaintiffs will serve as fair and adequate class representatives as their interests, as well as the interests of their counsel, do not conflict with the interest of other members of the class they seek to represent. Further, Plaintiffs have retained counsel competent and experienced in class action litigation. 244. Plaintiffs and their counsel are committed to vigorously prosecuting this action on behalf of the Class.
PREDOMINANCE OF COMMON ISSUES 245. There are numerous questions of law and fact common to Plaintiffs and Class Members that predominate over any question affecting only individual Class Members, the answers to which will advance resolution of the litigation as to all Class Members. These common legal and factual issues include the following: a. whether Defendants engaged in the conduct alleged herein; b. whether LAN and Veolia committed professional malpractice when
they failed to conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control;
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c. whether Defendants’ conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein; and
d. the extent to which Defendants know about the lead contamination of the Flint water supply after April 2014 and before notifying Plaintiffs and Class Members;
e. whether Defendants knew or should have known that Flint’s water supply indicated the presence of legionella;
f. whether Defendants took steps to conceal the presence of lead in Flint’s water supply or otherwise falsely assured Plaintiffs and the Class that Flint’s water was safe;
g. whether Defendants’ conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein;
h. whether Defendants made unlawful and misleading representations or material omissions with respect to the safety of Flint’s water supply; and
i. whether Plaintiff and Class Members are entitled to damages and other monetary relief, including punitive damages, and if so, in what amount.
SUPERIORITY
246. The class action mechanism is superior to any other available means
of the fair and efficient adjudication of this case. Further, no unusual difficulties
are likely to be encountered in the management of this class action. Given the
great amount of Flint residents impacted by Defendants’ conduct, it is
impracticable for Plaintiffs and the Class to individually litigate their respective
claims for Defendants’ complained of conduct. To do so would risk inconsistent
or contradictory judgments and increase delays and expense to both parties and the
court system. Therefore, the class action mechanism presents considerably less
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management challenges and provides the efficiency of a single adjudication and comprehensive oversight by a single court. Medical Monitoring
247. As a direct and proximate result of the Defendants’ acts, omissions, and conduct as set forth in this Amended Complaint, Plaintiffs and the Class have suffered and continue to suffer a significantly increased risk of contracting a serious injury or latent disease, including, but not limited to, several forms of cancer, respiratory ailments, gastrointestinal ailments, sleep disturbance, and physical stress. This increased risk makes periodic diagnostic medical examinations reasonably necessary to establish a "baseline" status of their health and to monitor their status for changes and progressions in their injuries and their sequelae.
248. Early detection and diagnosis of these diseases is clinically invaluable as early detection and diagnosis can prevent, reduce, and/or significantly delay resulting discomfort, suffering, disability, and dysfunction, and/or death. Furthermore, these conditions can often appear asymptomatic absent proper testing until they have progressed to an untreatable, permanent, and/or terminal state.
249. Easily administered, cost-effective monitoring and testing procedures exist that make the early detection and treatment of such injuries or diseases possible and beneficial. For example, administration of these readily available
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non-invasive tests can easily and accurately diagnose the presence of liver failure, respiratory ailments, and heart dysfunction, even in asymptomatic individuals. Early diagnosis of these diseases and conditions will allow prompt and effective treatment and will reduce the risk of morbidity, and mortality, from which these Plaintiffs and the Class would suffer if diagnosis and/or treatment were delayed until their conditions became overtly symptomatic.
250. The recommended testing procedures will be subject to expert testimony at the time of trial.
251. Plaintiffs and the Class are at a high risk for latent and progressive respiratory injuries and therefore need to undergo testing. Plaintiffs and the Class also need the availability of non-invasive testing as a diagnostic tool and method of treatment in order to prevent untreated and unabated progression of latent injuries, which will result in even more grave injuries and consequences.
252. The Plaintiffs and Class Members increased susceptibility to certain injuries and the irreparable threat to the their future health and well-being resulting from their exposure to hazardous substances and chemicals in and around their homes, schools, businesses and other public places in the City of Flint can only be mitigated and/or addressed by the creation of a medical program including but not limited to:
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b. funding further studies of the long-term effects of exposure; c. funding research into possible cures for the detrimental effects of
breathing, living and working near the contaminants and toxicants present in the City of Flint as a result of the acts and omissions alleged herein; d. gathering and forwarding to their treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) in and around the City of Flint; and e. aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of Plaintiffs and the Class. 253. To the extent that Defendants' actions resulted in the discharge and/or release of lead into Flint’s drinking water, thereby entering and injuring the physical and mental well-being of Plaintiffs and the Class, their real and personal property, and their economic interests, Defendants are jointly and severally liable for all damages from contamination in this case.
DECLARATORY AND INJUNCTIVE RELIEF 254. Since Defendants have acted or refused to act on grounds generally applicable to Plaintiffs and Class Members, final injunctive and declaratory relief is appropriate with respect to the Class as a whole.
VI. CAUSES OF ACTION AS AND FOR A FIRST CAUSE OF ACTION: VIOLATION OF SAFE DRINKING WATER ACT’S NOTIFICATION REQUIREMENTS, 40 C.F.R. § 141.85
(As against the Governmental Defendants)
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206. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
207. The Safe Drinking Water Act (“SDWA”) was passed by Congress in 1974, with subsequent amendments in 1986 and 1996, to ensure and protect the quality of Americans’ drinking water. Under SDWA, the United States Environmental Protection Agency (“U.S. EPA”) is given authority to set the standards for drinking water quality and oversee states, localities, and water suppliers who implement those standards.
208. Through the SDWA, all public water systems in the United States need to follow the standards and regulations set by the EPA. U.S.EPA has set maximum contaminant levels and/or treatment technique requirements for over 90 different contaminants in public drinking water, including microorganisms, disinfectants, disinfections by-products, inorganic chemicals, organic chemicals, and radionuclides.
209. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council.
210. The Government Defendants operate a “public water system” pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(f); 40 C.F.R. §141.2.
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211. Regulations established under the SDWA require that, “. . .all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements.” 40 C.F.R, §141.80(g).
212. Since April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to comply with the requirement that water systems notify customers of the individual results of tap water samples collected and tested for lead within thirty days after the water system receives the results. 40 C.F.R. §§ 141.85(d)(1),(d)(2).
213. For all monitoring conducted since the switch to the Flint River was made on April 24, 2015, Defendants have failed to notify Plaintiffs, the Class and those residing at each sampling site of the presence of elevated lead levels in the public water supply.
AS AND FOR A SECOND CAUSE OF ACTION: VIOLATION OF SAFE DRINKING WATER ACT’S REQUIREMENT TO OPERATE OPTIMAL CORROISON
CONTROL TREATMENT, 40 C.F.R. § 141.81-.82 (As against the Governmental Defendants)
214. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
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215. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council.
216. The Government Defendants operate a “public water system” pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(f); 40 C.F.R. § 141.2.
217. To address corrosion of lead and copper into drinking water, U.S. EPA issued the Lead and Copper Rule (LCR) under the authority of the SDWA. 42 U.S.C §§ 300(f) to 300j-26; 40 C.F.R. § 141.80-141.91. One requirement of the LCR is corrosion control treatment to prevent lead and copper from contaminating drinking water. Corrosion control treatment means utilities must make drinking water less corrosive to the materials it comes into contact with on its way to consumers’ taps. The regulations implementing the LCR, 40 C.F.R. § 141.80141.91, “constitute the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this subpart applies to community water systems and non-transient, non-community water systems (hereinafter referred to as “water systems” or “systems”).” 40 C.F.R. § 141.80(a).
218. The LCR establishes a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. “These requirements are triggered, in
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some cases, by lead and copper action levels measured in samples collected at consumers’ taps.” 40 C.F.R. § 141.80(b).
219. The LCR requires systems to monitor drinking water at customer taps. If lead concentrations exceed an action level of 15 ppb in more than 10% of customer taps sampled, the system must undertake a number of additional actions to control corrosion.
220. As described more fully herein, the lead levels in Flint’s water exceeded the thresholds established under the LCR.
221. Since the switch to the Flint River was made on April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to operate and maintain optimal corrosion control treatment. 40 C.F.R. § 141.82(g).
222. Defendants have failed to maintain optimal corrosion control treatment because it did not treat the water being sold to Flint residents with corrosion-inhibiting chemicals to minimize the amount of lead leaching into the public water supply.
223. The absence of optimal corrosion control treatment caused and continues to cause dangerous amounts of lead to enter the public water supply relied upon by Plaintiffs and the Class.
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224. Additionally, the LCR provides that “[a]ny system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in § 141.84.” 40 C.F.R. § 141.80(f). A water system must replace annually, at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system must identify the initial number of lead service lines in its distribution system, including an identification of the portion(s) owned by the system, based on a materials evaluation, including the evaluation required under § 141.86(a) and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The Government Defendants have yet to comply with these requirements.
AS AND FOR A THIRD CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983
Procedural Due Process (as against all Defendants) 225. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 226. In the alternative to the state-law tort claims set forth in this complaint: the Defendants, acting under color of state law, deprived Plaintiffs of their liberty and property without providing an adequate post-deprivation remedy, in violation of 42 U.S.C. § 1983.
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227. At all times relevant to this Complaint, Defendants acted under the color of state law.
228. The Due Process Clause of the Fourteenth Amendment to the United States Constitution says that no state shall “deprive any person of life, liberty, or property, without due process of law.” The Due Process Clause establishes Plaintiffs’ constitutional rights to be free from (a) deprivations of their liberty interest in bodily integrity; and (b) deprivations of state-created property interests, without due process of law.
229. The Defendants, in their actions and omissions, intentionally and/or with deliberate indifference to an unreasonable risk of harm, injured Plaintiffs and deprived them of their constitutionally guaranteed liberty and property interests by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in their homes and rental properties, despite Defendants’ actual or constructive knowledge that this failure to warn would cause harm.
230. At all times relevant to this Complaint, it was clearly established in the laws of this jurisdiction that no person may, acting under color of state law,
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deprive citizens of the United States or persons within the territorial jurisdiction thereof of liberty or property without due process of law.
231. Defendants Earley and Ambrose were officials with final policymaking authority for the City of Flint. Their decisions not to remedy known contamination, and to misinform the public about the safety of Flint water, represented the official policy of the City of Flint.
232. The Defendants had a custom or practice of providing contaminated water to Flint residents, of not remediating known contamination, and of misinforming the public about the safety of its water systems.
233. The Defendants had a policy of deliberate indifference to potential harm with respect to the training and supervision of the staff responsible for providing safe drinking water to Flint residents. In the alternative to the state-law tort claims set forth in this Complaint, there exists under Michigan law no meaningful post-deprivation remedy for Defendants’ deprivations of Plaintiffs’ liberty and property interests.
234. The unlawful acts complained of in this Count proximately caused Plaintiffs to suffer actual physical and emotional damages, as well as other damages and losses. Moreover, the unlawful acts complained of in this Count continue to deprive Plaintiffs of their constitutional rights, and to proximately cause damages, on an ongoing basis.
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235. With respect to the Defendants, Plaintiffs are entitled to compensatory and special damages in an amount to be determined at trial as well as punitive damages. With respect to all Defendants, including Defendants in their official capacities, Plaintiffs are entitled to prospective declaratory and injunctive relief from ongoing deprivations of their liberty and property interests.
AS AND FOR A FOURTH CAUSE OF ACTION: Negligence
(as against all Defendants) 255. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 256. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 257. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead. 258. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their property.
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259. Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
260. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members.
261. As a result of Defendants’ breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
262. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
263. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
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264. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
265. As a direct and proximate result of Defendants’ negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
AS AND FOR A FIFTH CAUSE OF ACTION: Intentional Infliction of Emotional Distress (as against all Defendants)
266. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
267. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs and the Class serious emotional distress. Defendants’ outrageous conduct in causing, prolonging, and obscuring Plaintiffs’ exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that
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Plaintiffs’ distress was certain, or substantially certain to result from their conduct, or Defendants acted in deliberate disregard of a high degree of probability that the Plaintiffs and the putative class would suffer emotional distress as a result.
268. Defendants’ outrageous conduct caused severe distress to Plaintiffs and the Class and was the proximate cause of Plaintiffs’ injuries.
269. As such, Defendants breached their duty to exercise reasonable care towards Plaintiffs and the Class.
270. Plaintiffs and the Class suffered serious emotional distress as a direct and foreseeable result of Defendants’ conduct.
AS AND FOR A SIXTH CAUSE OF ACTION: Negligent Infliction of Emotional Distress (as against all Defendants)
271. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
272. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care.
273. As alleged herein, Defendants failed to exercise reasonable care which had the direct and foreseeable result of causing Plaintiffs and the Class severe emotional distress.
AS AND FOR AN SEVENTH CAUSE OF ACTION: Inverse Condemnation
(as against the Governmental Defendants)
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274. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
275. The actions of the Government Defendants, in switching the Flint water system from water provided by the DWSD to water sourced from the Flint River, constitute an unconstitutional taking of Plaintiffs’ property without due process of law and without just compensation under Michigan law.
276. Article 10, § 2 of the Michigan Constitution of 1963 provides that “[p]rivate property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law.”
277. The Government Defendants caused Plaintiffs’ property (including, but not limited to, underground and interior pipes, plumbing fixtures, and appliances) to be actually and physically invaded by water containing corrosive chemicals. These chemicals permanently corroded and rendered useless and valueless Plaintiffs’ property, diminished the value of Plaintiffs’ real property, and otherwise encroached on Plaintiffs’ use and enjoyment of their property.
278. The Government Defendants proximately and substantially caused the damage to Plaintiffs’ property set forth in this Count through one or more affirmative acts of introducing water containing corrosive chemicals into pipes connected with and flowing into Plaintiffs’ property.
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279. The Government Defendants undertook the affirmative acts set forth in this Count for a public purpose – namely, to reduce the cost to the City and its residents of providing water to the residents of Flint.
280. Under Michigan law, there is no governmental immunity for violations of state constitutional rights, including the right to due process and just compensation for takings of property for public use.
281. Plaintiffs are entitled to just compensation for the diminution in the value of their property caused by the Government Defendants’ affirmative acts, in an amount to be determined at trial.
AS AND FOR AN EIGHTH CAUSE OF ACTION: NUISANCE
(as against all Defendants) 282. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 283. Defendants' wrongful actions in the creation of the contamination, maintenance of their land and water facilities, and failure to reasonably abate, minimize and/or remediate the contamination resulted in the presence of the contaminants in the persons and/or on properties of Plaintiffs and the Class, the creation of noxious odors, and the risk of injuries, and/or annoys Plaintiffs and the Class in their enjoyment of their legal rights and quality of life. Such conditions
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constitute an ongoing specific, particular and unique burden on the persons of Plaintiffs and Class Members and their property.
284. Such wrongful acts by Defendants in the maintenance and use of their land and water facilities and the failure to remediate the contamination was and is a foreseeable and proximate cause of injury, discomfort, annoyance, inconvenience, and/or damage to Plaintiffs, the Class and their property.
285. Defendants' conduct is the legal cause of the intentional, unreasonable, negligent, and/or reckless invasion of Plaintiffs' and Class Members’ interests in the private use and enjoyment of their land. Such actions' tendency is to create danger and inflict injury upon person and property.
286. Defendants' conduct in performing acts or failing to act has caused one or more substantial, unreasonable, and intentional interferences with the right of Plaintiffs and Class Members to use and enjoy their property as discussed above.
287. Accordingly, Plaintiffs and the Class seek general damages from Defendants, in an amount to be determined at trial, directly resulting from the their injuries in a sufficient amount to compensate them for the injuries and losses and to restore Plaintiffs and the Class to their original position, including, but not limited to the difference between the current value of their properties and such value if the harm had not been done, the cost of repair or restoration, the value of
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the use of the continuous trespass, injury to persons, and direct and consequential damages flowing from the nuisance and trespass which are the natural and proximate result of Defendants’ conduct in an amount to be proved at trial.
AS AND FOR A NINTH CAUSE OF ACTION: TRESPASS
(as against the Governmental Defendants) 288. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 289. Defendants’ negligent, willful, and/or wanton actions and/or intentional failures to act caused an unknown quantity of lead and bacteria to be released into the drinking water for the City of Flint. 290. Defendants’ willful, wanton, and intentional failure to act and/or their affirmative choice of action and following course of action caused lead and bacteria to enter and trespass upon the land and realty of the Plaintiffs and the Class and cause an injury to their possession and/or right of possession. 291. Upon information and belief, Defendants had exclusive control over the facilities providing Plaintiffs and the Class water at all relevant times. 292. Defendants took affirmative, voluntary, and intentional actions to provide water to Plaintiffs and the Class in an unsafe manner and/or intentionally to release lead and bacteria into Flint’s water supply. Further, after such acts, Defendants undertook affirmative, voluntary, and intentional acts that were
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insufficient to remedy the condition caused by the release of lead and bacteria into the water supply.
293. At the time that the above described, affirmative, voluntary, and intentional acts were performed by Defendants, Defendants had good reason to know or expect that highly corrosive water would cause large quantities of lead and bacteria to be introduced into the persons and properties of Plaintiffs and Class Members.
294. The above-described affirmative, voluntary, and intentional acts were performed with the willful intent to cause lead and bacteria to be disbursed through the water onto the land and property of Plaintiffs and the Class.
295. These voluntary actions resulted in the immediate and continued trespass, injury and damage to Plaintiffs and the Class, their property and their right of possession of their property.
296. Further, Defendants’ actions in directing the contaminated water into the persons and properties of Plaintiffs and the Class were done with actual malice, and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
297. Additionally and/or alternatively, Defendants’ decision to delay and the resulting delay in taking any affirmative action to eliminate, correct, and/or remedy the contamination of the water supply after having knowledge and notice
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of said contamination were done with actual malice, and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
298. Further, Defendants’ actions that were patently insufficient to eliminate, correct, and/or remedy the contamination after having knowledge and notice of said contamination were made with actual malice and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
299. Based upon the above, Plaintiffs and the Class seek general damages from Defendants, in an amount to be determined at trial, directly resulting from their injuries in a sufficient amount to compensate them for the injuries and losses, and to restore Plaintiffs and the Class to their original position, including, but not limited to the difference between the current value of the property and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, consequential damages flowing from the trespass which are the natural and proximate result of Defendants’ conduct, and exemplary or punitive damages.
AS AND FOR AN TENTH CAUSE OF ACTION: Unjust Enrichment
(as against all Defendants)
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300. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
301. Plaintiffs and the Class were sold toxic drinking water that was unfit for human consumption instead of receiving clean, safe drinking water, as promised.
302. The Governmental Defendants unjustly received the benefits of payments from Plaintiffs and the Class in exchange for contaminated water that was unfit for human consumption, and used those payments for the operation of the City of Flint.
303. LAN and Veolia unjustly received compensation for providing engineering services that did not satisfy their duties of professional responsibility.
304. Accordingly, Defendants should be ordered to disgorge their unjustly retained benefits.
AS AND FOR A ELEVENTH CAUSE OF ACTION: GROSS NEGLIGENCE (as against All Defendants)
305. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
306. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and
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eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to their property.
307. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, Defendants gross negligently, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class.
308. The Government Defendants breached their duty by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in their homes and rental properties, despite Governmental Defendants’ actual or constructive knowledge that this failure to warn would cause harm.
309. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of
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care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN’s and Veolia’s gross negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
310. Defendants’ conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
AS AND FOR A TWELFTH CAUSE OF ACTION: PROPRIETARY FUNCTION
(as against the Governmental Defendants)
311. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
312. At relevant times, Defendants engaged in proprietary functions, specifically, the sale of potable water to Plaintiffs and the Class.
313. Defendants’ primary purpose in the aforementioned facts was to produce a pecuniary profit for the governmental agency.
314. The relevant activities are not normally supported by taxes and fees. 315. The conduct of Defendants constituted “proprietary function” in avoidance of governmental immunity. 316. The performance of governmental functions constituting proprietary function falls within the exceptions of governmental immunity pursuant to MCL 691.1413.
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317. Defendants demonstrated deliberate and/or intentional indifference to the public safety needs of Plaintiffs and the Class in violation of their rights under the U.S. Constitution, Michigan Constitutions, and Michigan Statutory and Common Law during the exercise of proprietary functions.
318. This Amended Complaint is being plead in avoidance of governmental immunity.
319. The Defendants’ defense of governmental immunity is voidable due to the proprietary function exception and all other relevant exceptions.
320. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs and the Class have been exposed to potentially lethal doses of lead, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complications. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
AS AND FOR A THIRTEENTH CAUSE OF ACTION: PROFESSIONAL NEGLIGENCE
(as against the Engineering Defendants)
321. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
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322. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiffs, the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property.
323. As a result, LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would.
324. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control.
325. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
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AS AND FOR A FOURTEENTH Cause of Action DECLARATORY JUDGMENT ACT (as against all Defendants)
326. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
327. Plaintiffs are entitled to a declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.
328. An actual controversy exists between the parties as alleged herein and will continue to exist unless and until it is resolved by this Court.
329. Plaintiffs are entitled to a declaratory judgment that the Government Defendants have operated and continue to operate a Water System that is not in compliance with the SDWA and LCR.
DAMAGES SOUGHT BY THE CLASS 330. Plaintiffs and the Class incorporate by reference the preceding paragraphs as if fully set forth herein. 331. At all relevant times herein, Defendants owed a duty to Plaintiffs and the Class to ensure the adequate processing, transportation, and storage of potable drinking water to the residents of the City of Flint. 332. The significantly increased risks associated with exposure to lead make periodic diagnostic medical examinations reasonable and necessary.
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333. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs and the Class have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complication. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
334. In order to compensate Plaintiffs and the Class for damages suffered due to Defendants' acts, each and every Plaintiff and Class Member requires, among other things, that Defendants collectively pay the past and future costs of obtaining necessary medical care, toxicological examinations and diagnoses, and any other medical monitoring necessary in order to ascertain and treat the nature and extent of the injuries suffered due to the contamination, with Plaintiffs and the Class retaining freedom of choice relative to choosing their experts. Many of these costs would not be covered by health care insurers, and if covered, may unfairly result in increased premiums.
335. Each and every one of these Plaintiffs’ and Class Members’ increased susceptibility to certain injuries and the irreparable threat to their future health and well-being resulting from their exposure to lead in Flint can only be mitigated
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and/or addressed by the creation of a medical program (the “Flint Program”) including but not limited to:
a. Establishing a program that provides education and outreach on the existence and availability of the services established under the medical monitoring program, including but not limited to the establishment of a public Website with information about the Program, meetings with potentially eligible populations, development and dissemination of outreach materials informing Flint residents about the program, and the establishment of phone information services;
b. Funding further studies of the long-term effects of exposure; c. Funding medical surveillance for those individuals exposed to lead; d. Gathering and forwarding to each and every one of these Plaintiffs’ and Class Members’ treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) to lead; e. Aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of each and every one of these Plaintiffs and the Class. 336. Establishment of a medical monitoring program for the Plaintiffs and the Class is essential as a consequential damage from their exposure to the contaminants because without the requested medical monitoring programs, they will be subjected to further injuries and delayed treatment.
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337. Accordingly, Plaintiffs and the Class are entitled to a medical monitoring program which provides for medical testing, surveillance, monitoring, and study of the Plaintiffs and the Class for conditions caused by exposure to the references substances, as well as payment of their attorney’s fees and expenses, and any other relief this court deems just and proper.
338. Plaintiffs and the Class have sustained and will continue to sustain damages to their property as a result of Defendants’ actions. As a result, Plaintiffs and the Subclasses seek monetary damages for each violation of the First through Fifteenth Claims for Relief. In particular, Plaintiffs and the Class seek damages, including but not limited to: (i) monetary damages reflecting the cost to remediate class members’ property of the contamination caused by Defendants’ conduct or, in the alternative, to compensate class members for the diminution in value of their property caused by Defendants’ conduct; (ii) monetary damages to compensate class members for the loss of the use and enjoyment of their properties caused by Defendant’s conduct; (iii) monetary damages for the diminution of the value of the plaintiffs’ property, and (iv) monetary damages to compensate class members for the loss of quality of life caused by Defendants’ conduct.
339. Plaintiffs and the Class also seek consequential damages sufficient to fund a medical monitoring program that is reasonably tailored to the exposure risks of the contaminants, including but not limited to lead.
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340. Each and every one of these Plaintiffs and Class Members will incur
future expenses for medical monitoring and, as a result, seek payment of their
related medical expenses as an element of the consequential damages.
PUNITIVE DAMAGES
341. Plaintiffs incorporate and re-allege each allegation set forth in the
preceding paragraphs of this Amended Complaint.
342. Upon information and belief, Defendants engaged in willful, wanton,
malicious, and or/reckless conduct that caused the foregoing property damage,
nuisances, and trespasses upon the persons and properties of Plaintiffs and the
Class, disregarding their protected rights.
343. Defendants’ willful, wanton, malicious, and/or reckless conduct
includes but is not limited to:
a. failure to provide safe drinking water to the residents of Flint; b. failure to implement adequate corrosion controls for Flint River water; c. underestimating the seriousness of the lead contamination in Flint’s
water system; d. failure to warn Plaintiffs and the Class about the unsafe levels of lead
in Flint’s water system; e. failure to act to limit exposure of the lead contamination in Flint’s
water system; f. concealing the presence of lead in Flint’s water supply or otherwise
falsely assuring Plaintiffs and the Class that Flint’s water was safe; and g. making unlawful and misleading representations or material omissions with respect to the safety of Flint’s water supply.
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344. Defendants have caused great harm to the property and water supplies of Plaintiffs and the Class and demonstrated an outrageous conscious disregard for their safety with implied malice, warranting the imposition of punitive damages. VI. THE GOVERNMENTAL DEFENDANTS ARE NOT PROTECTED
BY SOVERIGN IMMUNITY 345. Plaintiffs incorporate by reference the preceding paragraphs as if fully set forth herein. A. Federal Claims 346. This Amended Complaint brings no federal claims for damages against the State of Michigan or its agencies. 347. With respect to employees and officers of the State of Michigan and its agencies, sued in their official capacities, this Amended Complaint seeks only prospective injunctive relief. 348. No other Defendant is entitled to sovereign or governmental immunity from suit for the federal causes of action alleged in this Amended Complaint. B. Michigan State Constitutional Claims 349. The State of Michigan recognizes a cause of action for a de facto taking (sometimes referred to as an “inverse condemnation” suit). 350. An action for inverse condemnation is brought under the Constitution of the State of Michigan.
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351. Under Michigan law, there exists no sovereign or governmental immunity from suit to enforce rights guaranteed by the Michigan Constitution. The State of Michigan, its agencies, political subdivisions, and their agencies are all subject to suit for an unconstitutional taking as alleged in this Amended Complaint.
C. Michigan State Tort Claims – Direct Liability of State and Local Entities
352. With respect to each state law tort alleged in this Amended Complaint against the State of Michigan and MDEQ, these Defendants are not entitled to sovereign or governmental immunity from suit because the tortious acts complained of occurred outside the scope of each Defendant’s governmental functions, as alleged specifically in each Count. The actions complained of were neither expressly, nor impliedly, mandated or authorized by constitution, statute, local charter or ordinance, or other law.
353. Moreover, with respect to each state law tort alleged in this Amended Complaint against the State of Michigan and MDEQ, and regardless of whether the tortious acts complained of constituted an exercise or discharge of a governmental function, these Defendants are not immune from suit or liability because the actions complained of occurred during the exercise of a proprietary function, in that the act was undertaken primarily for the purpose of producing a pecuniary profit for the relevant governmental agency.
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D. Vicarious Liability of State and Local Entities 354. With respect to each state law tort alleged in this Amended Complaint against the State of Michigan and MDEQ, these entities are not immune from vicariously liability for the actions of their employees and officers under a theory of respondeat superior, because their employees and officers committed tortious acts during the course of their employment, within the scope of their authority, and in the exercise of nongovernmental and proprietary functions, as alleged specifically in each Count. E. Liability of Individual Governmental Employees 355. With respect to each state non-intentional tort claim against the Individual Defendants, state and local employees sued in their individual capacities, each of these Defendants is not immune from liability because, as alleged specifically in each Count, (1) the Defendant did not act or reasonably believe he or she was acting within the scope of his or her authority; (2) the governmental agency at issue was not engaged in the exercise or discharge of a governmental function; and/or (3) the employee’s grossly negligent conduct was the proximate cause of the injuries or damages alleged. 356. With respect to each state intentional tort claim against the Individual Defendants, state and local employees sued in their individual capacities, each of these Defendants is not immune from liability because (1) the tort did not occur
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during the course of the employee’s employment; (2) the employee was not acting, nor reasonably believed he or she was acting, within the scope of his or her authority; (3) the act complained of was not undertaken in good faith; and/or (4) the act was ministerial rather than discretionary.
VII. DEMAND FOR A JURY TRIAL 357. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand a jury trial as to all issues triable by a jury.
VIII. PRAYER FOR RELIEF WHEREFORE, this Amended Complaint is being plead in avoidance of governmental immunity and the Defendants’ defense of governmental immunity is voidable due to the proprietary function and gross negligence exceptions as well as all other relevant exceptions and Plaintiffs and the Class demand judgment against Defendants, and each of them, jointly and severally, and request the following relief from the Court:
a. an order declaring the conduct of defendants unconstitutional; b. an order of equitable relief to remediate the harm caused by
Defendants unconstitutional conduct including repairs or property, establishment of a medical monitoring fund, and appointing a monitor to oversee the water operations of Flint for a period of time deemed appropriate by the court; c. an award for general damages; d. an order for an award of compensatory damages; e. an order for an award of punitive damages;
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f. an order for an award of actual reasonable attorney fees and litigation expenses; and
g. an order for all such other relief the court deems equitable.
Respectfully submitted,

Dated: September 12, 2016

NAPOLI SHKOLNIK PLLC
By: /s/ Hunter Shkolnik Hunter Shkolnik, ##2031458NY Paul J. Napoli, #2513141NY 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 hunter@napolilaw.com pnapoli@napolilaw.com

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 5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 1 of 62 Pg ID 1111

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LUKE WAID, et al.,

Plaintiffs,

No. 5:16-cv-10444-JCO-MKM

v.

Hon. John Corbett O’Meara

GOVERNOR RICHARD D. SNYDER, Mag. Judge Mona K. Majzoub in his official capacity, et al.,

Defendants. _______________________________________________________________/

MDEQ DEFENDANTS’ MOTION FOR CHANGE OF VENUE *ORAL ARGUMENT REQUESTED*
Current and former employees of the Michigan Department of Environmental Protection (“MDEQ”), Defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Adam Rosenthal, Bradley Wurfel, and Daniel Wyant (collectively, the “MDEQ Defendants”), by and through their counsel of record, and pursuant to the Court’s general supervisory power, the Fifth and Seventh Amendments to the United States Constitution, and 28 U.S.C. § 1404(a), move for a transfer of venue because the local media’s overwhelming and adverse publicity of this matter has made it nearly impossible for a fair and impartial jury to be empaneled in this Judicial District and, perhaps, the State of Michigan1:

1 On October 21, 2016, the MDEQ Defendants filed this Motion for Change of Venue and Brief in Support in Mays v. Snyder, Case No. 5:15-cv-14002, which is currently pending before Judge O’Meara.
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1. Legal trials are not like elections, to be won through the use of the meeting-hall, the radio, and the newspaper. It has long been recognized that both civil and criminal defendants are entitled to a fair trial by an impartial jury. This right is sacrosanct. Where the right is jeopardized due to substantial amounts of adverse pretrial publicity and community bias, courts (especially federal courts wielding broad supervisory power) must take protective measures such as changing venue.
2. As explained by Dr. Bryan Edelman, a top expert on adverse publicity and juror bias, potential jurors exposed to significant quantities of inflammatory publicity and hostile community sentiment are likely to form preconceived attitudes and opinions regarding both litigants and triable questions of fact. (See Declaration of Dr. Bryan Edelman, attached as Exhibit A). Once formed these case-specific attitudes and opinions are not readily subject to change and actually negatively alter the way in which jurors cognitively process evidence during the course of trial. (Id. ¶¶ 16-30.) As one popular juror statement goes, “you can’t forget what you hear and see.” (Id. ¶¶ 69, 90).
3. It thus follows that in those rare cases where “there is massive media coverage and pervasive prejudice within the jury pool, voir dire does not serve a reliable prophylactic measure for protecting a defendant’s due process rights.” (Id. ¶ 66.) In his Declaration, Dr. Edelman explains at length the ineffectiveness of voir dire in cases of exceptional adverse publicity and juror bias. (Id. ¶¶ 66-91.) Consequently, in the face of widespread negative news coverage and galvanized community prejudice, it is incumbent on courts to transfer venue at the outset of a
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proceeding. (Id. ¶¶ 5, 66, 91, 111-13). This is especially true where, as here, there exists no reason to believe prejudicial media coverage in an adversely-affected and hostile community will subside leading up to a sensational trial. (Id. ¶¶ 31, 34, 112.) Failure to change venue promptly in such cases, (a) deprives the eventual transferee court of the rightful duty to manage and shape the case ultimately tried; and (b) greatly prejudices defendants where failed attempts to empanel juries and resultant venue changes on the eve of trial attract enormous and unfortunatelytimed adverse media coverage.
4. In this case, news broke of potential lead contamination in Flint almost two years ago, and the Flint water “crisis” was born. The news accounts, which are too great in number to fully categorize here, have included front page pictures, featured stories, in-depth analyses, editorials, letters to the editors, pictures of key individuals, and biting political cartoons, and have described the situation in Flint as a public health disaster, drinking water emergency, regulatory failure and cover-up, and even a moral failure of astronomic proportions inflicted on a poor and primarily African-American community.2 The matter has been heavily politicized and sensationalized. As described in further detail below, both the quality and quantity of the media reports have been extremely prejudicial to Defendants, particularly the MDEQ Defendants, and caused tremendous juror prejudice throughout most the State of Michigan.
2 An appendix summarizing just a small fraction of this prejudicial news coverage is attached as Exhibit B.
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CONTENT OF THE ADVERSE PUBLICITY 5. The content of the coverage saturating the State (particularly the Eastern District) refers to indifferent and racist state bureaucrats who in callous disregard of public safety decided to use tainted and corrosive Flint River water resulting in the lead poisoning of thousands, unacceptably high levels of lead in children, a deadly Legionnaires’ outbreak, civil lawsuits, criminal charges, and general distrust and distress among Flint’s citizens. 6. Lead Poisoning: Provocative stories from local media have uniformly described exposure to “high levels” of “lead” in Flint’s drinking water as a “mass” “poisoning” caused by government officials.3 One example comes from a January 21, 2016 MLive story entitled: “HOW GOVERNMENT POISONED THE PEOPLE OF FLINT.” (Id. ¶ 95.) As if the headline was not prejudicial enough, the story was preceded by the following collage depicting dirty water, poisoned children, and an outraged community:
3 See Ex. B ¶¶ 3, 7-8, 10, 14-15, 17, 32, 38, 48, 49, 55, 60, 68, 73, 75, 77, 79-81, 89-90, 95, 101, 103, 106-07, 118, 122, 131-32, 135-37, 141, 149-50, 152, 157, 159-65, 173, 175, 182, 185, 188, 191, 194, 197, 199, 203, 206, 209, 214-15, 21718, 222-23, 227, 231, 233, 235-36, 238-39, 241.
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7. The story begins with the premise that: “Flint water has poisoned more than just its children . . . It’s poisoned the citizenry’s faith in government.” The article then quotes statements from Flint residents one of who commented: “Somebody needs to go to jail for this, man . . . They’re poisoning an entire community. A generation of kids will never recover from this. And it’s all just to save a few dollars. They played a game of chess with our lives and we lost.” (Id.)
8. Among many other prejudicial tales, the article then describes Flint as “something out of a disaster movie”; compares Flint water to “toxic waste”; says that Flint water may “have tainted a generation of Flint children”; reinforces myths that Flint water was “too corrosive for General Motors to build cars”; states that public officials “turned a blind eye to the problem”; portrays a picture of a vast government conspiracy and cover-up; and then highlights the resignations, firings, and apologies of several Defendants in this case. (Id.)
9. Legionnaires’ Outbreak: Local media accounts have blamed the outbreak of Legionnaires’ disease and resulting deaths on Flint water4 even though there is no scientific basis for such allegations and despite contrary findings by the Center for Disease Control (“CDC”), United States Environmental Protection Agency (“EPA”), and others. For example, the Detroit Free Press on January 22, 2016, published an article entitled: “LEGIONNAIRES’ EXPERT BLAMES SPIKE IN CASES ON FLINT WATER.” (Id. ¶ 180.) A close inspection of the text
4 Id. ¶¶ 1, 10, 13-14, 21, 25-26, 29, 32-34, 37, 41, 55, 66, 70, 88-90, 95, 100, 102, 107, 134, 163, 175, 178, 180, 182-83, 191, 193-94, 198-99, 202, 222, 233, 236.
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of the article reveals that the alleged national expert has no scientific evidence to support her aspersions. (Id.)
10. Similarly, on February 4, 2016, the Detroit News published an article entitled: “MICHIGAN OFFICIALS WARNED OF WATER, LEGIONNAIRES’ LINK.” (Id. ¶ 88.) This investigative-styled article, like many others, sifts through the emails of several government officials (including Defendants) and then implies knowledge of and disregard for an alleged connection between Flint water and the outbreak of Legionnaires disease. (Id.) A careful review of the text, however, shows that each time reference is made to the alleged “link” between Legionnaires disease and the Flint river water, it is preceded by the qualifiers such as “possible,” “likely contributed,” and “likely came from.” (Id.)
11. Portrayals of MDEQ Defendants: Media coverage of Flint’s switch to the Flint River as its drinking water source and subsequent developments has provoked and inflamed community opinion and unfairly depicted the MDEQ Defendants as indifferent or bumbling bureaucrats, criminals, and even racists. In their reports, the local media has blamed the MDEQ Defendants, early and often, describing their conduct as “grossly negligent” and “criminal.” They have reported that the MDEQ Defendants “purposely” or “recklessly disregarded” water regulations, “incompetently” failed to require corrosion treatment, “devised” ways to avoid detecting lead when collecting water samples, instructed Flint officials to
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“throw out” lead data, refused to follow testing protocols, “ignored warning signs,” and failed to exercise “common sense.”5
12. There has been almost no mention of exculpatory evidence or the presumption of innocence, and the fact that all these allegations are or will be contested has not been paid lip service by the media.
13. Some of the most powerful reporting has occurred when several of the MDEQ Defendants were charged with crimes by prospective gubernatorial frontrunner and current Attorney General, Bill Schuette, and his special prosecutor, Todd Flood.6 In such accounts, the media pasted images of each Defendant standing before a court to face the criminal allegations, surrounded by the flashing lights of reporters, and/or evoking Fifth Amendment Rights. (Id.) The media even slapped pictures the MDEQ Defendants on an October 4, 2016 article entitled “AMID WATER CRISIS, FLINT FACES A SHIGELLOSIS OUTBREAK,” a matter having absolutely nothing to do with Flint water. (Id. ¶ 243.)
14. If such coverage was not already prejudicial enough, adding further insult and prejudice against the MDEQ Defendants is the fact that headline stories contain Defendant Snyder’s views that the MDEQ Defendants are responsible for the Flint water “crisis.”7 For example, the Detroit News in an article dated April 11, 2016 reported under the headline of “SNYDER: CAREER BUREAUCRATS
5 Id. ¶¶ 15, 17, 65, 79-80, 84, 87, 89-92, 100, 102-06, 110, 152, 161, 172, 175-76, 181-82, 184-85, 188, 190-93, 199, 201, 204-09, 211, 215, 217-18, 222, 224. 6 Id. ¶¶ 103-04, 107, 165-67, 169, 172-73, 181, 183, 190, 193, 198, 202, 217, 221. 7 Id. ¶¶ 172, 175, 181, 188, 194, 209, 218, 238, 245.
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TO BLAME FOR FLINT CRISIS” as follows: “Gov. Rick Snyder on Monday laid blame for Flint’s water crisis on ‘career bureaucrats’ with an ‘an absolute lack of common sense.’” (Id. ¶ 188.)
15. Media coverage has also latched on to conjecture that the decisions leading to Flint’s water woes, as well as the State’s response to the community, have been racially discriminatory. A common sentiment in media accounts is that if Flint had been richer or whiter, the decision to switch to the Flint River never would have occurred. (Id. ¶¶ 75-76, 79, 102, 118, 194, 214, 241.) For example, Crain’s Detroit Business reported on United States Senator Debbie Stabenow’s statements that “there’s no doubt” in her mind that if the water problem had occurred in a wealthy, white community, the State would have responded immediately. (Id. ¶ 79). More recently, a Democratic lawmaker from Flint accused leaders in Congress of “refusing to approve emergency aid for the city’s water crisis because a majority of Flint residents are African Americans.” (Id. ¶ 76.)
16. The Flint water “crisis” has continually been called an instance of “environmental racism.” Headlines have declared: “OFFICIALS TO HEAR TESTIMONY OVER DISCRIMINATION CLAIMS SURROUNDING THE FLINT WATER CRISIS,” “HOW RACE, CLASS SET THE STAGE FOR FLINT WATER CRISIS,” and “FLINT LOOKS FOR RACIAL BIAS, WATER CRISIS LINK.” (Id. ¶¶ 74, 75, 198.)
17. Perhaps the most racially charged, inflammatory, and prejudicial statements broadcasted to date are those that have compared the current situation to some of the most horrific atrocities in history. The ACLU of Michigan has
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irresponsibly called the lead poisoning “genocide,” a sentiment echoed by several celebrities. (Id. ¶¶ 194, 196-97.) The Michigan President of the “National Action Network” has been quoted as saying Flint water is “almost as bad as gas chambers for Jews.” (Id. ¶ 196.) Other media reports have compared the Flint water crisis to an act of “terrorism,” “Saddam Hussein,” and “Watergate.” (Id. ¶¶ 77, 194, 218, 236, 241.) Cries of “remember Tuskegee” have reverberated through social media, public protests, and public hearings. (Id. ¶¶ 163, 195.)
18. Citizen Distress and Distrust: Local media outlets have capitalized on every powerful human emotion available: shock, fear, anxiety, anger, trust, sympathy, and grief. Distrust and questions regarding the integrity and competence of the MDEQ have been rampant.8 People in Flint, supported by celebrities and politicians, have called for the resignations, firings, and arrest of all involved.9 The resultant resignations, firings, and arrests have received ample coverage.10
19. The media, in more recent stories, has focused on the alleged uncertainty and stress created by the alleged poisoning. The Detroit Free Press on page 1 of its Sunday edition of August 7, 2016, under the headline “FLINT’S GROWING MENTAL HEALTH CRISIS” reported that: “[a] widespread concern for residents throughout the lead-poisoned city is not knowing how they, or their
8 Id. ¶¶ 30, 49, 58-59, 75, 77, 81, 88, 100, 102, 106, 120-23, 137, 149, 152, 158, 162-65, 171, 182-83, 196-97, 199, 213, 219, 228, 231, 233, 242-43. 9 Id. ¶¶ 22, 58, 77, 88, 92, 127, 131-32, 134-35, 140, 160-61, 168, 181, 188, 194, 199, 208, 213-15, 223, 235-36, 238, 240. 10 Id. ¶¶ 8, 13-14, 26, 59, 77, 88, 90-92, 101, 106, 127, 131, 135, 140, 160-61, 16870, 172, 189-94, 199, 207, 217, 221, 238, 242.
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children and grandchildren, may be impacted because of exposure to the contaminated water.” (Id. ¶ 81.) As a result, the article says Flint residents “are experiencing mental health issues caused by the ongoing water crisis, including stress, anxiety and fear . . . .” (Id.) The article also says that “[d]istrust of government officials remains rampant” and Flint residents “don’t believe it when they are told the [water] filters make water safe from the lead when properly used, pointing out they once were told there water was safe when it wasn’t.” (Id.)
20. Civil Lawsuits: Not surprisingly, numerous lawsuits (including multiple class actions) have been filed in various courts against the City of Flint and its Emergency Managers, the State of Michigan, the Governor and State employees, professional consultants, and potentially against the EPA. This flood of lawsuits brought by personal injury lawyers from across the Country has provoked extensive news coverage in Michigan.11
21. As one April 14, 2016, Michigan Radio article entitled “OUT-OFTOWN LAWYERS FLOW INTO FLINT, FILING WATER CRISIS LAWSUITS,” explained:
Flint residents continue to deal with unsafe lead levels in their water. Another group is paying very close attention. Lawyers. Lots of lawyers. Turn the TV on in Flint and you’ll likely hear a commercial with a very specific question. “If you’ve tested positive for the presence of lead in your blood, experienced nausea, hair loss, skin loss or other issues after consumption of Flint River water or property damage caused by the
11 Id. ¶¶ 2, 10, 34, 55, 86, 93, 104, 107, 113, 165-66, 173, 182-83, 185, 195, 20001, 203, 221.
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Flint River water system., you need to call ...” and at that point the announcer gives the name and contact information for a New York law firm. Attorneys are swarming around Flint – advertising, holding public meetings and even hosting clinics where adults and children can have their blood tested. [(Id. ¶ 200.)] 22. If such advertisements, public meetings, and legal clinics were not cause enough for concern, many of these plaintiffs lawyers have made direct, prejudicial, and case-specific statements to the media. In a February 2016 Associated Press article, Hunter Shkolnik, counsel in the Waid case, asked “How can they [(i.e., Defendants)] look at themselves in the mirror?” and stated that “It’s an embarrassment for government officials to take the safety of their citizens so lightly.” (Id. ¶ 183.) Similarly, Marc Bern, counsel in the Washington case, opined that the situation in Flint pales in comparison to the health issues first responders suffered following the collapse of the World Trade Center and then commented that “We haven’t been attacked by foreign people . . . We’ve been attacked by those who are here in Michigan.” (Id. ¶ 93.) 23. Not to be outdone, on September 20, 2016, Michael Pitt, lead counsel for Plaintiffs in Mays v. Snyder, Case No. 5:15-cv-14002, where this motion was originally filed, gave a highly inflammatory interview on Michigan Radio’s show “Stateside” where he described Defendants as “criminals” and “racists,” expressed shock that Defendants asserted their right to governmental immunity and a statefunded legal defense, and then accused them of conducting an “experiment” with “poisonous” water on the “African American population in Flint.” (See Pitt
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Interview Transcript, attached as Exhibit C). With respect to this last incredible
accusation, Mr. Pitt stated: First, the whole process of running this highly polluted, high corrosive Flint River water through essentially dormant Flint Water Treatment Plant was an experiment. And I say it was an experiment because they didn’t know if it was going to actually work. * * * In fact, the two MDEQ employees who said go ahead and start the plant are now being criminally prosecuted for allowing the plant to go forward when it wasn’t adequate for the job at hand, and so, people were being poisoned because of a failed experiment . . . moreover, this is a case of environmental racism. * * * Somebody had to take the brunt of the experiment. Was it going to be the African American community in Flint or was it going to be the predominantly white community surrounding Flint? And they chose to run the experiment on the African American population in Flint, and there was a tremendous amount of risk that was involved, and they decided to expose the predominantly black community of Flint to the high risk of this experiment. The experiment failed; people got sick; some people died; and here we are a year later with a terrible ordeal for the people of Flint that, that cries out for justice. [(Id.)] 24. Politicization: At every level of government, the Flint water crisis has
been marked by declarations of emergency, disputes over public aid packages,
raucous congressional hearings, fault-allocating investigative commissions, and
remarkably uneducated finger-pointing from both sides of the political aisle,
including among presidential and gubernatorial contenders, federal and state legislators, and local officials.12 The lowness of this political discourse has been
12 See Ex. B ¶¶ 39, 110, 122-23, 141, 152, 194, 204-16, 220, 222-25, 228-29. 12

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largely concentrated on the allocation of blame (much of it mistakenly toward the MDEQ Defendants). All of it has been highly publicized by the local media.
25. Between December 2015 and January 2016, the local, state, and federal governments all declared states of emergency in response to Flint’s water supply issues and the National Guard was called in to Flint to assist in distributing water and water filters. President Obama’s declaration of federal emergency in Flint was praised in local media accounts by a number of politicians, including Congressman Dan Kildee (D-Flint) who said: “The residents and children of Flint deserve every resource available to make sure that they have safe water and are able to recover from this terrible manmade disaster created by the state.” (Id. ¶ 204.) Months later, in May of 2016, President Obama gave a speech (heavily covered by local media) to a crowded auditorium in Flint where he called on Congress to pass a sizable aid package and characterized the City’s water crisis as having resulted from “a corrosive attitude that exists in our politics that exists in too many levels of our government.” (Id. ¶ 205.)
26. There have been numerous Congressional hearings concerning the Flint water crisis, including a notable series of hearings before the House Committee on Oversight and Government Reform. These hearings were attended by large groups of Flint residents, were pervaded by a circus-like atmosphere often referred to as a “finger-pointing affair,” and were widely and disproportionately reported on throughout Michigan, particularly in the Eastern District. (Id. ¶¶ 20609.) Similarly, public aid packages for Flint have been a heated political issue with Senate Democrats recently threatening a shutdown of the entire federal
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government over the issue. (Id. ¶¶ 210-11.) As both political parties continue to debate this issue, local news outlets closely following the matter have been quick to criticize Congress for failing to pass any legislation providing monetary aid to Flint. (Id. ¶ 212.)
27. The crisis has also been a hot button issue for presidential hopefuls. On March 6, 2016, a well-attended Democratic primary debate was held in Flint. Both Hilary Clinton and her then-opponent, Bernie Sanders, were eager to capitalize on the crowd’s emotions and the ample Michigan media attention. To rising cheers from the audience, Clinton said “[t]his is an emergency . . . [e]very day that goes by . . . is another lost day in a child’s life.” She then called for new infrastructure and long-term care for Flint’s residents, and indicated that “[i]f Michigan won’t do it, there have to be ways that we can move and then make them pay for it and hold them accountable.” Sanders, meanwhile, called for Defendant Snyder’s resignation before stating that “we are talking about . . . children being poisoned” and stating “[o]ne wonders if this had been a white suburban community what kind of response there might have been.” (Id. ¶ 214.)
28. Republicans have not ignored the issue. During a recent visit in Flint, Republican nominee, Donald Trump, promised that Flint’s issues would “be fixed quickly and effectively” before stating: “It used to be that cars were made in Flint and you couldn’t drink the water in Mexico . . . Now cars are made in Mexico, and you can’t drink the water in Flint. That’s terrible.” (Id. ¶ 216.)
29. Michigan’s presumed gubernatorial candidates also have been quick to cast blame and politicize the issue. Republican favorite Bill Schuette, along with
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special prosecutors, Todd Flood and Noah Hall, have appeared on numerous media outlets and held multiple conferences concerning the crisis, and publically declared that at least five of the MDEQ Defendants are guilty of criminal misconduct, stating that: “These individuals concealed the truth. They were criminally wrong to do so . . . Their offenses vary, but there is an overall theme and repeated pattern. Each of these individuals attempted to bury, or cover up, to downplay or hide information . . . .” (Id. ¶ 217.)
30. Ingham County Prosecutor, Gretchen Whitmer challenged the strategy of using the press to make the State’s criminal case against defendants, because of the potential prejudicial impact of the jury pool. (Id. ¶ 246.) Although she is not the official leading the State’s criminal investigation, even Prosecutor Whitmer has made her fair share of prejudicial comments regarding the crisis. Late last year, for example, she appeared on in WKAR’s show “Off the Record” where she opined that the Flint water “crisis” was caused by the “callous disregard” of public officials and warned citizens to question whether the government is really protecting them.
31. Others have chimed in as well, utilizing the ever eager local media to politically capitalize on Flint’s situation. Congressman Dan Kildee (D-Flint) has “put the blame squarely on the feet of Republican Gov. Rick Snyder and his administration.” (Id. ¶ 220.) State Senator Jim Ananich (D-Flint) has been outspoken and critical of the MDEQ Defendants, in particular, saying “MDEQ mistakes had a devastating effect on [Flint],” (id. ¶ 221); that MDEQ’s culture under Snyder led to the crisis, (id. ¶ 222); and that MDEQ was giving “false
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statements” to EPA, (id. ¶ 223). Lieutenant Governor Brian Calley has blamed MDEQ’s culture as one of “compliance” but not “safety,” ignoring the long-settled law that administrative agencies are creatures of statute invested with only those powers granted by the legislature. (Id. ¶ 172.) Meanwhile, former Congresswoman Candice Miller (R-Macomb) has called the crisis “an epic failure of government at every level.” (Id. ¶ 224.)
32. Empirical Content Analysis: If there was any doubt, empirical data collected by Dr. Edelman this past summer confirms that the Court’s jury pool has been “saturated with highly prejudicial and sensational news coverage surrounding what is often described by the media as the ‘water crisis’ in Flint, the ‘leadpoisoning’ of children there, and the ‘failure’ of government officials to protect or disclose the risk to the public.” (See Edelman Declaration (Ex. A) ¶ 3.)
33. His media analysis of the Detroit Free Press, alone, identified 718 articles between April 25, 2014 and June 6, 2016. In these articles, the Detroit Free Press described the matter at issue here as a “crisis” 1,695 times and a “water crisis” 885 times. (Id. ¶¶ 31, 36.) There were 319 references to “lead poisoning.” (Id. ¶ 37.) The quality of Flint drinking water was described as “foul” 36 times, “brown” 32 times, “discolored” 58 times, “smelly” 81 times, “toxic” 95 times, and “dangerous” 70 times. (Id.) References to “children” were made over 1,000 times. And, there were 372 mentions of “elevated blood levels,” 54 mentions of “brain damage,” 116 mentions of irreversible “behavioral problems,” and 164 mentions of “rashes.” (Id. ¶ 38.)
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34. Dr. Edelman found that many of the articles he reviewed stated that “government officials knew about problems with the drinking water, failed to take basic protective measures, and then covered-up what they knew.” (Id. ¶ 39.) Specifically, he found that there “were 18 mentions of ‘red flags,’ 55 to ‘ignored,’ 46 to ‘alarm’ . . . and hundreds more to government emails which showed growing concerns behind closed doors.” (Id.) As limited examples, Dr. Edelman cited to an article stating that “Flint residents complained to indifferent state officials for nearly a year before whistle-blowers proved that children were being poisoned” and identified that there were at least 40 articles stating that General Motors stopped using Flint water because it was corrosive. (Id. ¶ 37, 39-40.)
35. Based on this “limited content analysis,” Dr. Edelman concluded that “the nature of coverage surrounding this case incorporates the types of sensational and prejudicial reporting that can captivate the public’s attention, generate anger, and lead to widespread bias in the jury pool.” (Id. ¶ 41.)
QUANTITY OF ADVERSE PUBLICITY 36. A Westlaw “News” search of the principal newspapers in the Eastern District of Michigan (i.e., Detroit Free Press, Detroit News, and Flint Journal) for articles pertaining to the “Flint water crisis” produced an astounding number of results. A search of the terms “Flint 5 water” for the period from April 24, 2014, the day before Flint began using the Flint River as its water source, through September 26, 2016, produced the following results: (a) Detroit Free Press: 1,786 articles, (Exhibit D ); (b) Flint Journal: 1,368 articles, (Exhibit E ); and (c) Detroit News: 567 articles, (Exhibit F).
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37. Dr. Edelman’s media analysis of the 718 articles published by the Detroit Free Press between April 25, 2014 and June 6, 2016, also confirms that this case has “generated massive and pervasive coverage, which has actually increased with the passage of time.” (See Edelman Declaration (Ex. A) ¶ 31.)13 According to Dr. Edelman, media coverage from just the Detroit Free Press is over eight times higher than the median number of news articles (i.e., 88.5) present in 52 cases studied by Dr. Edward Bronson, a respected jury expert and scholar, where a change of venue was granted. (Id. ¶ 33.). Accordingly, the 3,721 articles identified in the Westlaw search represent approximately forty-two times more articles than the median of prejudicial articles reported in 52 cases where a change of venue was granted. (Id.)14
38. In contrast, the media’s reports in the Western District of Michigan have been less voluminous. The Westlaw search of the Kalamazoo Gazette from April 24, 2014 to September 26, 2016, produced 204 articles. (Exhibit H.) A search of the Traverse City Record Eagle produced 81 results for the same time period. (Exhibit I.) Westlaw does not have access to the Grand Rapids Press. However, counsel’s search of the Grand Rapids Press archives using a similar search phrase (“Flint adj5 water”) showed that the Grand Rapids Press, the leading newspaper on the west side of the State, published 267 articles about the Flint
13 An archive of the 718 Detroit Free Press articles is attached as Exhibit G. 14 These figures do not incorporate articles from the other newspapers with significant circulation in the Eastern District. Nor do they take into account the massive amount of radio, online and social media, and television coverage circulated in this District. (Id. ¶ 32).
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water matters from January 29, 2015 to September 26, 2016. (Exhibit J.) These three newspapers, located in the southern, middle, and northern parts of the Western District, collectively published 552 articles pertaining to the “Flint water crisis.” This is approximately 12% of the number of articles published in the Eastern District. The volume and frequency of newspaper articles in the Eastern District vastly exceed those published in the Western District.
39. The media coverage of the Flint water “crisis” shows no signs of waning. In fact, all signs indicate that the local media’s continued thirst to provide news of the “crisis” will only intensify as the criminal and civil cases inch toward what will surely be portrayed as a salacious trial. (See Edelman Declaration (Ex. A) ¶¶ 31, 34, 112.)
COMMUNITY REACTION TO ADVERSE PUBLICITY 40. According to Defendant Snyder’s Flint water website, over 32,400,000 liters of bottled water, 130,000 filters, and 290,000 cartridges have been distributed to the residents of Flint. The State of Michigan, as of August 2016, has appropriated over $200,000,000 to address safe drinking water, food and nutrition, social development, physical well-being, and water-bill issues in Flint. The federal government, likewise, has made available a tremendous amount of resources and services to the people of Flint, including $20,000,000 in road repair funds, and is in the process of appropriating additional funds. 41. Countless private philanthropic organizations across the State have raised a tremendous amount of support for Flint residents. To name just a few examples, the Charles Stewart Mott Foundation reports that a collaboration of 10
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foundations will work together to help the city of Flint recover from its water crisis and have committed a total of nearly $125,000,000 in funding, (id. ¶ 226); “Save the Children” says that it has helped over 11,000 Flint families by providing nutrient-rich food and early childhood development support, (id. ¶ 227); and the University of Michigan’s Water Crisis: Community Impact Fund is, among other activities, analyzing Flint’s water infrastructure and providing free lead screening.15
42. Celebrities from near and far have raised awareness and financial support. Detroit Pistons owner Tom Gores pledged $10 million to Flint, Beyonce announced plans for a Flint fund, and famous comedians have hosted shows in Michigan to benefit the “Flint Child Health and Development Fund.” (Ex. B ¶ 228.) Other stars like Cher, Eminem, Mark Wahlberg, Big Sean, Pearl Jam, Jimmy Fallon, Matt Damon, Jack White, Mark Ruffalo, and Michael Moore, Sandra Bernhard, Magic Johnson, Madonna, Snoop Dogg, Puff Daddy, Rosie O’Donnell, and Seth Meyers have raised money and awareness for Flint. (Id. ¶¶ 229-30.)
43. Moreover, the Detroit Free Press has run countless stories like “STARS USE SOCIAL MEDIA TO EXPRESS OUTRAGE OVER FLINT,” “FLINT CRISIS ATTRACTS CELEBRITY CASH - AND SCAMMERS,” “TOP DIRECTORS, PERFORMERS TO BE IN FLINT ON OSCAR NIGHT,” and “DON’T FORGET ABOUT FLINT NOW THAT CELEBRITIES AND TV CAMERAS ARE GONE,” to encourage continued support for Flint and its residents. (Id. ¶¶ 229, 231-33.) 15 https://www.umflint.edu/outreach/community-impact-fund
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44. When polled, as part of Dr. Edelman’s survey, over half of this Court’s jury pool states that they have donated money or resources to help the people in Flint who have been affected by the water “crisis.” (See Edelman Declaration (Ex. A) ¶ 4, 45.) Specifically, Dr. Edelman identified that 55% of respondents reported that they or family members have donated money or resources, compared to 53% in the Grand Rapids jury pool and 20% in the Marquette jury pool. (Id. ¶ 105.) These community outreach figures are significant where 90% of survey respondents who have donated resources favored the plaintiffs in these lawsuits and were more likely to award damages to punish Defendants. (Id.) Notably, “those who read the Detroit News, Detroit Free Press, and the Oakland Press were significantly more likely to donate resources than those who read other newspapers.” (Id. ¶ 106.)
45. Defendants (including the MDEQ Defendants) have also been the subject of numerous instances of community hostility. In Ann Arbor streets have been littered with chalk graffiti expressing negative comments toward public officials, the Governor has been heckled at Ann Arbor establishments, and there have been several protests conducted outside of the Governor’s Main Street condo. (See Ex. B ¶¶ 234-36.) Indeed, just blocks away from this Court, perhaps near venues where the Court’s jurors eat lunch, one can even find “wanted” posters seeking the arrest of Defendant Snyder.
46. In Flint, such acts of community outrage over the water are common place. Protests have been attended by crowds sometimes in the thousands hoisting jugs of discolored water of unconfirmed origin and displaying inflammatory signs
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calling for resignations, arrests, and justice; accusing Defendants of poisoning
children; and referencing “murderers,” “lab rats,” “dead children,” and “lead-
tainted water.” (Id. ¶¶ 158-59, 237-38.)
47. Earlier this year, Defendant Snyder was loudly booed and heckled in
Flint when he spoke to about 1,000 students, teachers, and residents at
Northwestern High School. (Id. ¶ 239.) His family has been threatened. (Id. ¶ 240.)
And, over 620,000 persons have signed a petition calling for him to be arrested.
(Id. ¶ 241.) It is beyond debate that a mob mentality has formed.
48. Such community-wide hostility, however, has not been focused
solely on Defendant Snyder. Much of the outrage has been directed at the MDEQ
Defendants, all of whom have been the recipient of a number of wrongly-aimed
personal attacks readily available for viewing by the jury pool. By way of limited
example, online comments following local articles on the Flint water crisis include:  Maybe it will be better to wait for the Feds to charge these criminals and let them rot in a country club prison, but as long as they rot in prison is the justice deserved. (Id. ¶ 189.)  The people doing the tests and releasing results are the ones to blame here, so yea, that makes sense. (Id. ¶ 191.)  I don’t think this was about money. This is about lazy government employees not doing their jobs. (Id.)  The DEQ and governor knew of the corrosion problems when GM presented the analysis of the water corroding its engine parts in October of 2014! (Id.)  Stephen Busch currently on “suspension” ought to be under arrest. Mike Prysby—they are coming for you. Liane Shekter Smith, getting fired is the least of your problems . . . Their collective lack of curiosity, dereliction and stonewalling will doom them and many others who were involved in this outrageous tragedy. (Id. ¶ 192.)
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 Busch should be criminally charged. This was his reaction when annoyed [by] the efforts of Miguel Del Toral . . . “if he continues to persist, we may need Liane (Shekter Smith) or Director (Dan) Wyant to make a call to EPA to help address his overreaches.” (Id.)
 I think jail time is necessary for some of these folks. (Id.)  The state should be forced to disband the entire DEQ Dept. They have
proven to be worthless, and LIARS. Get rid of all of them. Talk about a waste of tax money!! (Id.)  I agree, but the State DEQ was not only incompetent, they tried to hide dangerous lead levels communicated by the EPA and upper level EPA folks gave them their blessing in their obfuscation. (Id.)  Michael Prysby and Stephen Busch NEED TO BE FIRED!!! I have been saying this for 18 months! Jim Sygo should be added to the list after this article! All this proves is their clear lack of human decency from the outcry of people in writing! Citizens need to demand termination! It makes me ill to know my tax paying dollars go to these very people who poisoned my family and every other person in Flint. (Id. ¶ 187.)  No Brad Wurfel, you and your colleagues lost the human element. You all are now going to have to live with the death, long-term suffering, and financial catastrophe which your arrogance, contempt, corruption, greed, ignorance, incompetence, and willful neglect has caused and inflicted on the very Taxpayers Citizens who paid your salary . . . For the rest of your lives . . . . (Id. ¶ 242.)
EMPIRICAL EVIDENCE OF JUROR PREJUDICE
49. Eastern District – Ann Arbor: The public opinion survey conducted
by Dr. Edelman in the Eastern District’s Ann Arbor Place of Holding Court
showed significant recognition of both the Flint water crisis, and some of the more
prejudicial publicity surrounding it. (See Edelman Declaration (Ex. A) ¶¶ 42-47.)
For example, this past summer, recognition of the Flint water crisis was 95%, with
71% of potential jurors aware of the civil lawsuits and 65% aware of the criminal
charges. (Id. ¶¶ 47, 100.) Of the seven news items included in the survey, the
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median number recognized among respondents from this Court’s jury pool was five. (Id. ¶ 60.) Moreover, 40% of respondents recognized all three of the following prejudicial media items: criminal charges, child lead exposure, and misapplication of federal drinking water rules. (Id. ¶ 100.) Dr. Edelman opined that these recognition rates “are some of the highest [he has] seen.” (Id. ¶ 47.)
50. Among respondents familiar with the civil lawsuits, 83% believed that “city and state public officials acted with reckless disregard for the public’s safety by exposing them to high levels of lead in the drinking water.” (Id. ¶ 48.) Among respondents unfamiliar with the civil lawsuits, those favoring the plaintiffs stayed level at 83%. (Id. ¶ 49.)16 Of respondents who were familiar with either the water crisis or lawsuits, 74% believed that, “damages should be awarded in order to punish the city and state officials who are the defendants in these lawsuits.” (Id. ¶ 56.) A large percentage (55%) of respondents reported that they or family members have donated money or resources to help Flint. (Id. ¶ 105.)
51. According to Dr. Edelman, “[t]hese findings are extremely alarming and show that the burden of proof at the start of trial would be unfairly shifted to the defendants, who would have to prove that they were not grossly negligent.” (Id. ¶ 53.) In fact, he believes that the prejudice here “has reached levels so severe that it rivals some of the most notorious cases in American history, including what was seen in the Oklahoma City Bombing trials.” (Id. ¶ 3.)
16 Among this group, 93% reported that defendants would have a difficult time convincing them that they did not act with reckless disregard for the public’s safety. (Id. ¶ 53.)
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52. Dr. Edelman further found that the “qualitative” comments from this Court’s jury pool “demonstrated widespread negative opinions unlikely to be ameliorated through judicial admonition”:
 “The evidence that we have seen is that they knew all about it and ignored it for a long time.”
 “I think the evidence that I have heard proves there was knowledge of a problem and officials did not act upon it.”
 “Because I think from what I read that they did act with reckless disregard. I think it was more profit driven.”
 “I think it was for financial reasons they didn’t want to spend the money to fix the problem so they covered it up. It would have stayed covered up if the pediatrician didn’t blow the whistle on the whole scandal.”
 “They misled the people and lied to them. They were untruthful and the state knew that the water was bad. The people that worked for the state of Michigan drank bottled water. Not telling them the water was messed up. So, they knew about it beforehand.”
 “They knew prior to that the water was unsafe. General Motors had hooked up to the Flint River and the water rusted their cars. That’s how they should have known.”
 “Because it has been proven they lied and misled. Governor Snyder came out and said it.”
 “Because they poisoned people and children. There’s no grey area here.” (Id. ¶ 54.)
53. Based on these survey results, Dr. Edelman opined that in his experience “[c]ase-specific attitudes such as these cannot just be simply cast aside with a judicial instruction, and are likely to put an undue burden on the defense that is almost impossible to overcome.” (Id. ¶ 56).
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54. He further averred that: “[t]aken as a whole, the extensive and deep seeded prejudice found in the Ann Arbor jury pool represents the highest levels I have seen . . . .” (Id. ¶ 46.)
55. For those and other reasons stated in his declaration, Dr. Edelman recommends that “it is within the interest of justice to transfer these cases outside of the Eastern District to a venue in a different media market.” (Id. ¶ 91.)
56. Western District – Southern Division: The public opinion survey conducted by Dr. Edelman in the Southern Division of the Western District showed significant recognition of the Flint water crisis, but less recognition of some of the more prejudicial publicity surrounding it. (Id. ¶ 6.) For example, recognition of the Flint water crisis was 99%, with 63% of potential jurors aware of the civil lawsuits and 56% aware of the criminal charges. (Id. ¶ 93, 100.) Of the seven news items included in the survey, the median number recognized among respondents in the Southern Division was four. (Id. ¶ 99.) Similarly, 24% of respondents recognized all three of the following prejudicial media items: criminal charges, child lead exposure, and misapplication of federal drinking water rules. (Id. ¶ 100.)
57. Among respondents familiar with the civil litigation, 81% believed that Defendants acted with reckless disregard. (Id. ¶ 94.) Among respondents unfamiliar with the civil lawsuits, those favoring the plaintiffs inched up to 82%. (Id. ¶ 95.) A large percentage (53%) of respondents reported that they or family members have donated money or resources to help Flint. (Id. ¶ 105.)
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58. Based on these responses, Dr. Edelman opined that there is a disturbing level of prejudice in the Western District’s Southern Division, and that this case should be transferred to a venue outside of Michigan. (Id. ¶ 109.)
59. Western District – Northern Division: The public opinion survey conducted by Dr. Edelman in the Northern Division of the Western District also showed significant recognition of the Flint water crisis, but less recognition of some of the more prejudicial publicity surrounding it than in the other Michigan Districts. (Id. ¶ 6.) For example, recognition of the Flint water crisis was 96%, but only 56% of potential jurors were aware of the civil lawsuits and only 44% were aware of the criminal charges. (Id. ¶¶ 93, 100.) Of the seven news items included in the survey, the median number recognized among respondents in the Northern Division was three. (Id. ¶ 99.) Similarly, only 18% of respondents recognized all three of the following prejudicial media items: criminal charges, child lead exposure, and misapplication of federal drinking water rules. (Id. ¶ 100.)
60. Among respondents familiar with the civil litigation, 89% believed that Defendants acted with reckless disregard. (Id. ¶ 94.) But among respondents unfamiliar with the civil lawsuits, those favoring the plaintiffs dropped to 74%. (Id. ¶ 94.) Only 20% of respondents reported that they or family members have donated money or resources to help Flint. (Id. ¶ 105.) And, only 10% of respondents felt that they had been impacted personally or knew someone who had been impacted personally by the Flint water crisis. (Id. ¶ 104.)
61. Based on these responses, Dr. Edelman opined that there is a concerning level of prejudice in the Western District’s Northern Division, and that
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this case should be transferred to a venue outside of Michigan. (Id. ¶ 109.) However, because the jury pool in the Northern Division “is less knowledgeable about prejudicial media reporting surrounding events in Flint, and less engaged in helping the residents there,” Dr. Edelman opined that the Northern Division “represents the least prejudicial option available” in Michigan. (Id. ¶¶ 6, 109.)
CONCLUSION 62. This saturation of adverse publicity and extreme community outrage has resulted in the omnipresent view among this Court’s jury pool that Defendants (particularly the MDEQ Defendants) caused and are liable for the Flint water crisis. This proverbial bell cannot be un-rung. It is axiomatic that such extreme levels of bias render the voir dire process ineffective. (Id. ¶¶ 66-91.) In fact, the sheer amount of adverse publicity and documented juror prejudice here exceeds that found in numerous other federal cases where venue was transferred to protect a defendant’s constitutional right to a fair trial and impartial jury. 63. The MDEQ Defendants thus urge the Court to transfer this case to an out-of-state, metropolitan venue offering a jury pool substantially more likely to render an unbiased decision based on admissible evidence procured at trial rather than on their ties to the affected community, or on what they have already read, seen, or heard in local media accounts. 64. Alternatively, the MDEQ Defendants ask the Court to transfer this matter to the least prejudicial venue in this State; the Northern Division of the United States District Court for the Western District of Michigan. Two related cases are already pending in the Southern Division of the Western District. See
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Nappier v. Snyder, Case No. 1:16-cv-00636 (W.D. Mich.); Anderson v. Snyder, Case No. 1:16-cv-00874 (W.D. Mich.).
65. Pursuant to E.D. Mich. L.R. 7.1(a), counsel for the MDEQ Defendants explained the nature of this motion to change venue, its legal basis, and requested, but did not obtain, concurrence from Plaintiffs’ counsel via e-mail on October 25, 2016. On October 24 and October 26, 2016, the remaining Defendants have been consulted but either did not respond or did not concur with the relief sought in this Motion for Change of Venue.
66. In support of this motion, the MDEQ Defendants rely on their contemporaneously filed Brief in Support of Motion for Change of Venue and the Exhibits attached thereto, including the Declaration of Dr. Bryan Edelman.
WHEREFORE, MDEQ Defendants respectfully request that this Honorable Court: (a) grant their Motion to Change Venue; (b) transfer this case to either an out-of-state venue where they are more likely to receive a fair trial or, alternatively, to the Northern Division of the United States District Court for the Western District of Michigan; and (c) award them any different or further relief this Court deems equitable and just.
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Dated: October 27, 2016
Foster, Swift, Collins & Smith, P.C. Attorneys for Defendants Patrick Cook, Michael Prysby, and Adam Rosenthal
By: /s/ Charles E. Barbieri (with permission) Charles E. Barbieri (P31793) 313 S. Washington Sq. Lansing, MI 48933 (517) 371-8100 cbarbieri@fosterswift.com
Clark Hill PLC Attorneys for Defendants Daniel Wyant and Bradley Wurfel
By: /s/ Michael J. Pattwell (with permission) Michael J. Pattwell (P72419) 212 E. Grand River Ave. Lansing, MI 48906 (517) 318-3043 mpattwell@clarkhill.com

Respectfully submitted,
Fraser, Trebilcock, Davis & Dunlap Attorneys for Defendant Liane Shekter Smith
By: /s/ Thaddeus E. Morgan (with permission) Thaddeus E. Morgan (P47394) 124 W. Allegan St., Ste. 1000 Lansing, MI 48933 (517) 482-5800 tmorgan@fraserlawfirm.com
Kotz Sangster Wysocki, P.C. Attorneys for Defendant Stephen Busch
By: /s/ Philip A. Grashoff, Jr. Philip A. Grashoff, Jr. (P14279) 36700 Woodward Ave., Ste. 202 Bloomfield Hills, MI 48304 (248) 646-1050 pgrashoff@kotzsangster.com

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LUKE WAID, et al.,

Plaintiffs,

No. 5:16-cv-10444-JCO-MKM

v.

Hon. John Corbett O’Meara

GOVERNOR RICHARD D. SNYDER, Mag. Judge Mona K. Majzoub in his official capacity, et al.,

Defendants. _______________________________________________________________/

BRIEF IN SUPPORT OF MDEQ DEFENDANTS’ MOTION FOR CHANGE OF VENUE

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TABLE OF CONTENTS
I. INTRODUCTION .........................................................................................1 II. ARGUMENT..................................................................................................5
A. A Change of Venue is Necessary to Protect Defendants’ Constitutional Right to a Fair Trial by an Impartial Jury......................5 1. The United States Constitution Guarantees Civil Defendants a Fair Trial by an Impartial Jury..............................5 2. Federal Courts Must Safeguard Defendants’ Right to a Fair Trial by an Impartial Jury ....................................................6 3. The Adverse Publicity Pervading the State Jeopardizes Defendants’ Right to a Fair Trial by an Impartial Jury. .............................................................................8 a. The Media Analyses and Public Opinion Surveys Show that a Change of Venue is Needed ..............................................................................8 b. Local Media’s Repeated Portrayal of Defendants’ Statements as “Admissions” of Liability Requires a Change of Venue ...........................11 c. The Politicization of This Matter Requires a Change of Venue ............................................................13 d. The Local Community’s Emotional Reaction Requires a Change of Venue ..........................................14 4. Juror Prejudice Across Michigan is so Pervasive and Entrenched that Transfer to an Out-Of-State Venue is Required ....................................................................................16 5. The Court Should Not Defer Transfer of Venue ......................19
B. Alternatively, Transfer to the Northern Division of the Western District is Appropriate under 28 U.S.C. 1404(a) ..................20
III. CONCLUSION ............................................................................................24
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STATEMENT OF QUESTIONS PRESENTED

I. Whether this matter should be transferred to an out-of-state venue in order to protect the MDEQ Defendant’s constitutional right to fair trial by an impartial jury, where highly inflammatory adverse publicity has saturated the State of Michigan and where 83% of this Judicial District’s jury pool freely admits to being prejudiced against the MDEQ Defendants?

MDEQ Defendants answer:

“Yes”

Plaintiffs answer:

“No”

II. Alternatively, whether it is within the interest of justice for the Court to transfer this matter to the Northern Division of the United States District Court for the Western District of Michigan because that venue is the least prejudicial venue in the State of Michigan?

MDEQ Defendants answer:

“Yes”

Plaintiffs answer:

“No”

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CONTROLLING AND MOST APPROPRIATE AUTHORITIES United States Supreme Court Cases Irvin v. Dowd, 366 U.S. 717 (1961) (presumed prejudice based on voir dire results required reversal of conviction and change of venue) Rideau v. Louisiana, 373 U.S. 723 (1963) (presumed prejudice based on brief publication of admission of guilt required reversal of conviction and change of venue) Marshall v. United States, 360 U.S. 310 (1959) (broad supervisory authority of federal courts to transfer venue) United States Court of Appeals Cases Moses v. Bus. Card Exp., Inc., 929 F.2d 1131 (6th Cir. 1991) (systematic integrity and fairness come within interest of justice factor) McCoy v. Goldston, 652 F.2d 654 (6th Cir. 1981) (constitutional right to fair trial by impartial jury in civil cases) Goins v. McKeen, 605 F.2d 947 (6th Cir. 1979) (juror assurances of impartiality insufficient when exposed to significant adverse publicity) Wash. Pub. Utilities Group. v. U.S. Dist. Court for W. Dist. of Wash., 843 F.2d 319 (9th Cir. 1987) (transfer of venue within interest of justice based on adverse publicity) Skaggs v. Otis Elevator Co., 164 F.3d 511 (10th Cir. 1998) (civil defendants are constitutionally entitled to a fair trial by an impartial jury) Coleman v. Kemp, 778 F.2d 1487 (11th Cir. 1985) (presumed prejudice based on community hostility required change of venue)
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United States District Court Cases United States v. Sablan, 2014 U.S. Dist. LEXIS 175682 (E.D. Cal. Dec. 19, 2014) (unpublished) (presumed prejudice based on public opinion survey required change of venue) United States v. McVeigh, 918 F. Supp. 1467 (W.D. Okla. 1996) (presumed prejudice based on adverse publicity and community bias necessitates out-of-state transfer) United States v. Tokars, 839 F. Supp. 1578 (N.D. Ga. 1993) (same) United States v. Moody, 762 F. Supp. 1485 (N.D. Ga. 1991) (same) United States v. Ebens, 654 F. Supp. 144 (E.D. Mich. 1987) (same) United States v. Marcello, 280 F. Supp. 510 (E.D. La. 1968) (same) Haase v. Gilboy, 246 F. Supp. 594 (E.D. Wis. 1965) (transfer of venue based on interest of justice) State Cases Powell v. Superior Court, 232 Cal. App. 3d 785 (1991) (presumed prejudice based on politicization of subject matter of litigation) Constitution U.S. Const. amend. V U.S. Const. amend. VI U.S. Const. amend. VII Statutes 28 U.S.C. § 1404(a)
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I. INTRODUCTION How can fallible men and women reach a disinterested verdict based exclusively on what they heard in court when, before they entered the jury box, their minds were saturated by press and radio for months preceding by matter designed to establish the guilt of the accused. A conviction so secured obviously constitutes a denial of due process of law in its most rudimentary conception.17 The overwhelming quantity and unique quality of the adverse publicity
pervading this matter has made it nearly impossible for the Defendants, especially those currently or formerly employed by the Michigan Department of Environmental Quality (“MDEQ Defendants”), to receive a fair trial by an impartial jury in this Judicial District and potentially the State of Michigan. Local media’s constant and unyielding reporting of the Flint water “crisis” has been prolific, incendiary, fraught with inaccuracies, and heavily slanted against the MDEQ Defendants. Over the last year, few days have gone by without this Court’s jury pool hearing that the residents of Flint and their children were “poisoned” with “lead” and “bacteria” tainted water due to the MDEQ Defendants’ alleged “incompetence,” “arrogance,” “callous disregard,” “criminal misconduct,” and even “racism.”18
To potential jurors, the constant influx and repetition of local media stories painting Defendants (particularly the MDEQ Defendants) as indifferent
17 Irvin v. Dowd, 366 U.S. 717, 729-30; 81 S. Ct. 1639; 6 L. Ed. 2d 751 (1961) (Frankfurter, J., concurring) (emphasis added). 18 This bombardment of adverse publicity has come from every direction (including radio, newspaper, television, online and social media, and public rallies), and is far too great in volume to capture here. An appendix summarizing less than 10% of this prejudicial news coverage is attached as Exhibit B.
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bureaucrats, criminals, and racists sounds and feels like evidence. It is not. The repeated and seemingly authoritative statements from politicians, state prosecutors, professors, and plaintiffs’ attorneys rebuking and calling for justice from Defendants (particularly the MDEQ Defendants) sounds and feels like evidence. It is not. The adverse findings and recommendations of politically-appointed investigative commissions casting blame on Defendants (particularly the MDEQ Defendants) sounds and feels like evidence. It is not. Such stories, statements, and findings are silent with respect to the plethora of readily available exculpatory evidence and are not likely admissible.
But the sensationalism has not been lost on state prosecutors and plaintiffs’ attorneys who have taken full advantage of the local media’s willingness to engage in mob journalism. Before commending the local media for doing a “great job” holding the MDEQ Defendants “accountable” and actually stating that the media is part of his “investigation team,” state prosecutor, Todd Flood, told the jury pool that: “There isn’t a case that has jarred my soul more than this for the lack of caring, the lack of compassion, the lack of understanding that has affected these citizens here in Flint.” (Id. ¶ 199.)19 Worse yet, on September 20, 2016, Michael Pitt, lead counsel for Plaintiffs in the Mays v. Snyder case, Case No. 5:15-cv14002, where this motion was originally filed, gave a highly inflammatory
19 Ingham County Prosecutor and Democratic gubernatorial hopeful, Gretchen Whitmer, promptly questioned these tactics, explaining that: “Prosecutors aren’t supposed to be doing big press conferences and revealing strategy and making accusations in the press,” because, inter alia, such antics “can taint a potential jury pool.” (Id. ¶ 246.)
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interview on Michigan Radio’s show “Stateside” where he described the MDEQ Defendants as “criminals” and “racists,” and then accused them of conducting an “experiment” with “poisonous” water on the “African American population in Flint.” (See Pitt Interview Transcript, attached as Exhibit C.)
Not surprisingly, communities across the State (especially those making up this Judicial District) have exhibited strong emotional reactions. According to public opinion surveys conducted by Dr. Bryan Edelman, a leading expert in the field, over half of this Court’s jury pool claims to have donated money or resources to help Flint. (See Edelman Declaration (Ex. A), ¶¶ 4, 45, 105.) Many others have resorted to displays of hostility, such as protests, heckling, graffiti, and absurd online comments wrongly directed toward the MDEQ Defendants. Indeed, Dr. Edelman’s media analyses and public opinion surveys demonstrate that, without a single constitutional due process safeguard in place, the MDEQ Defendants have already been publically charged and tried by the local media’s investigative reporting and convicted by a supermajority of the jury pool.
Dr. Edelman found that the Flint water crisis is one of the most heavily and negatively publicized events in the Country. (Id. ¶¶ 33-34.) His survey revealed that among potential jurors aware of the events in Flint: (a) 96% had read, seen, or heard that children in Flint had been exposed to high levels of lead; (b) 71% had read, seen, or heard about the civil lawsuits; and (c) 65% had read, seen, or heard about the criminal charges. (Id. ¶¶ 47, 60, 61.) This empirical data shows that the “crisis” has “become seared in the public’s consciousness” and, as the number of
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prejudicial articles grow, so does the prejudice within this Court’s jury pool. (Id. ¶¶ 3, 16-31, 34.)
With respect to the “entrenched” bias saturating the community, Dr. Edelman’s survey showed that among potential jurors aware of either the events in Flint and/or the lawsuits: 83% already favor plaintiffs and believe that public officials acted with reckless disregard with 72% stating that Defendants would have a “difficult time” convincing them otherwise; and 74% already believe that damages should be awarded to punish the public officials named in the lawsuits. (Id. ¶¶ 3, 48-50, 57.) These survey results are “extremely alarming” and demonstrate that the burden of proof at trial would be “unfairly shifted to the defendants, who would have to prove that they were not grossly negligent,” a “near impossible hurdle to overcome.” (Id. ¶ 53.)
To protect Defendants’ constitutional right to a fair trial, Dr. Edelman recommends, and the MDEQ Defendants request, that the Court follow the numerous federal court decisions cited below and exercise its general supervisory power to transfer this case to a venue untainted by the level of adverse publicity and indignation in this District and State. Alternatively, pursuant to 28 U.S.C. § 1404(a), the Court should transfer venue to the Northern Division of the United States District Court for the Western District because it is the least prejudicial venue in the State of Michigan. (Id. ¶¶ 6, 109, 114.)20
20 MDEQ Defendants are currently defending two related federal cases in the Western District’s Southern Division. See Nappier v. Snyder, Case No. 1:16-cv00636 (W.D. Mich.); Anderson v. Snyder, Case No. 1:16-cv-00874 (W.D. Mich.).
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The MDEQ Defendants further request that the Court take action now. As the number of incendiary and biased news stories in Michigan continue to mount daily, so too does the prejudice level among potential jurors located throughout most of the State. These jurors are not likely to forget what they have read, seen, or heard. Waiting until the eve of trial, conducting what all evidence in hand now shows would result in a failed attempt to assemble a fair and impartial jury, and only then transferring this matter to a less prejudice venue, will only further prejudice the MDEQ Defendants and deprive the ultimate transferee court of the ability to manage the case leading up to and during trial. II. ARGUMENT
A. A Change of Venue is Necessary to Protect Defendants’ Constitutional Right to a Fair Trial by an Impartial Jury. 1. The United States Constitution Guarantees Civil Defendants a Fair Trial by an Impartial Jury.
The United States Constitution, through the due process clause of the Fifth Amendment and the right to a jury trial enshrined in the Sixth and Seventh Amendments, requires federal courts to give every defendant a fair trial whether in the criminal or civil arena. See, e.g., Haley v. Blue Ridge Transfer Co., 802 F.2d 1532, 1535 (4th Cir. 1986) (“It is fundamental that every litigant who is entitled to trial by jury is entitled to an impartial jury, free to the furthest extent practicable from extraneous influences that may subvert the fact-finding process”); Barnes v. Century Aluminum Co., 2013 U.S. Dist. LEXIS 66054, at *12 (D.V.I. May 9, 2013) (unpublished) (“[T]he constitutional imperative for a fair and impartial trial is equally applicable to civil actions as well as criminal actions”) (Exhibit L).
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Thus, even though this is a civil case, the MDEQ Defendants are constitutionally entitled to an impartial jury. See, e.g., McCoy v. Goldston, 652 F.2d 654, 657 (6th Cir. 1981) (“The right to an impartial jury in civil cases is inherent in the Seventh Amendment’s preservation of a ‘right to trial by jury’ and the Fifth Amendment’s guarantee that ‘no person shall be denied of life, liberty or property without due process of law’”); Skaggs v. Otis Elevator Co., 164 F.3d 511, 514-15 (10th Cir. 1998) (“[T]he right to a jury trial in a civil case would be illusory unless it encompassed the right to an impartial jury”).21
2. Federal Courts Must Safeguard Defendants’ Right to a Fair Trial by an Impartial Jury.
The Sixth Circuit has held that “[i]f pretrial publicity jeopardizes a defendant’s right to a fair trial by an impartial jury, the trial court should grant the defendant a change in venue.” Foley v. Parker, 488 F.3d 377, 387 (6th Cir. 2007) (citation omitted); see also Sheppard v. Maxwell, 384 U.S. 333, 363; 86 S. Ct. 1507 (1966) (venue should be changed “where there is a reasonable likelihood that prejudicial news prior to trial will prevent a fair trial”). Where a motion to change venue is brought prior to any attempt to empanel an impartial jury, it is adjudicated under the presumed-prejudice standard. Ritchie v. Rogers, 313 F.3d 948, 952 (6th Cir. 2002) (citing Murphy v. Florida, 421 U.S. 794, 798; 95 S. Ct. 2031 (1975)).
21 Even though the issue in Skaggs was governed by the Seventh Amendment, the Tenth Circuit found that “the reasoning of the Sixth Amendment cases concerning juror bias [was] germane to [its] analysis . . . .” 164 F.3d at 515 n.2. Accordingly, because civil and criminal defendants are both constitutionally entitled to a fair trial by an impartial jury, both civil and criminal cases addressing due process issues in the context of venue transfers are applicable here.
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Under this standard, courts presume prejudice where adverse publicity causes a “wave of public passion” reaching levels where “jurors’ claims that they can be impartial should not be believed.” Patton v. Yount, 467 U.S. 1025, 1031; 104 S. Ct. 2885 (1984). Such findings of presumed prejudice are rare. DeLisle v. Rivers, 161 F.3d 370, 382 (6th Cir. 1998) (citation omitted).
In addition to this constitutional standard, federal courts have broad supervisory authority under which a change of venue may be granted. Marshall v. United States, 360 U.S. 310, 312; 79 S. Ct. 1171 (1959) (federal courts have “a large discretion in ruling on the issue of prejudice resulting from the reading by jurors of news articles concerning the trial”). Cases construing this supervisory authority suggest that the threshold for unacceptable publicity triggering a change in venue may well be lower than under the constitutional presumed-prejudice standard described above. See, e.g., United States v. Williams, 568 F.2d 464, 469 (5th Cir. 1978) (“It is plain that the Marshall rule is considerably broader than the constitutional standard and provides more protection against prejudice”); United States v. Tokars, 839 F. Supp. 1578, 1581 (N.D. Ga. 1993) (finding that motions to change venue should be reviewed under the constitutional standard of Murphy and also under the supervisory standard of Marshall ).22 Both standards are met here.
22 See also Skilling v. United States, 561 U.S. 358, 446 n.9; 130 S. Ct. 2896 (2010) (Sotomayor, J., dissenting in part) (stating that the Court’s supervisory powers confer “more latitude” to set standards for the conduct of trials in federal courts than in state courts); Rideau v. Louisiana, 373 U.S. 723, 729; 83 S. Ct. 1417 (1963) (Clark, J., dissenting) (noting that “there is a very significant difference between matters within the scope of our supervisory power and matters which reach the level of constitutional dimension”).
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3. The Adverse Publicity Pervading the State Jeopardizes Defendants’ Right to a Fair Trial by an Impartial Jury. a. The Media Analyses and Public Opinion Surveys Show that a Change of Venue is Needed.
“Statistical evidence or the results of opinion polls are often used to support a pre voir dire request for transfer.” N. Ind. Pub. Serv. Co. v. Envirotech Corp., 566 F. Supp. 362, 365 (N.D. Ind. 1983) (citing cases).23 In Tokars, 839 F. Supp. at 1581, for example, the court found that “[d]efendants’ claims of pervasiveness of publicity and prejudicial effect of publicity [were] aided by [public opinion] survey results” which showed that 69% of respondents heard or read “a great deal” about the victim’s murder and 66% had formed an opinion that the defendant was guilty of the murder. Id. at 1584. Based on these polling results and the “negative” nature of the publicity, the court concluded that “a sufficient presumption of prejudice exists to constitutionally mandate a change of venue.” Id. (emphasis added).
By way of further example, in United States v. Sablan, 2014 U.S. Dist. LEXIS 175682, at *3-6 (E.D. Cal. Dec. 19, 2014) (unpublished) (Exhibit M), the district court ordered a change of venue based on: (a) news analyses showing “significant media coverage throughout the Fresno Division area from which the jury . . . would be drawn”; and (b) an opinion survey demonstrating that “60 percent of the venire has a source of bias against Defendant . . . .” See also Williams v. Superior Ct., 34 Cal. 3d 584, 590 (1983) (directing trial court to
23 See also United States v. Gordon, 380 F. Supp. 2d 356, 365 (D. Del. 2005) (change of venue required where polls showed that “almost everyone in [venue] heard about the case, and a substantial majority have already formed opinions about it”).
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transfer venue where only “one out of five [potential jurors] would not be able to give defendant a fair trial”); People v. Boss, 261 A.D.2d 1, 6 (N.Y. App. Div. 1st Dep’t 1999) (change of venue required where 41% of potential jurors said the police were guilty of shooting the victim and 81% said there was no possible justification for the number of shots fired); Commonwealth v. Cohen, 489 Pa. 167, 187 (1980) (change of venue required where “nearly two-thirds of those jurors questioned had an opinion on guilt”).
Here, media analyses and opinion surveys establish that the Court’s jury pool has been so saturated with inflammatory publicity that to protect the Defendants’ due process rights, the Court should transfer this case to another venue located in a different media market. (Ex. A ¶¶ 3-5, 91, 113.) First, the Westlaw “News” search of the principal newspapers in the Eastern District of Michigan for articles pertaining to the “Flint water crisis” produced an astounding number of results: (a) Detroit Free Press: 1,786 articles, (Exhibit D ); (b) Flint Journal: 1,368 articles, (Exhibit E ); and (c) Detroit News: 567 articles, (Exhibit F).24 This unprecedented number of articles is 42 times higher than the median number of articles published in 52 cases where a change of venue was granted. Likely as a result, Dr. Edelman’s public opinion survey of potential jurors in this District
24 Similarly, Dr. Edelman’s media analysis of one publication within the Eastern District (i.e., the Detroit Free Press), confirmed that this case has “generated massive coverage, which has actually increased with the passage of time.” (See Edelman Declaration (Ex. A) ¶¶ 31-33.) Dr. Edelman identified a total of 718 articles focused on this matter, a number over eight times higher than the median number of news articles (i.e., 88.5) present in 52 cases where a change of venue was granted. (Id. ¶ 33.) An archive of the 718 Detroit Free Press articles identified by Dr. Edelman is attached as Exhibit G.
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confirmed that: (a) 95% have read, seen, or heard about the water situation in Flint; (b) 71% have read, seen, or heard about the civil lawsuits; and (c) 65% have read, seen, or heard about the criminal charges. (Id. ¶¶ 47, 60-61.)
Thus, by way of limited example, the juror recognition of this case: (a) rivals that in People v. Taylor, 113 Ill. App. 3d 467, 470 (1983), where the Illinois Court of Appeals found that “in large metropolitan area[s],” public polling showing that “98% of 382 people polled had heard of the case” and that “89% stated they had heard of it many times . . . illustrate[s] the pervasive effect of saturation news coverage,” and (b) exceeds that in Daniels v. Woodford, 428 F.3d 1181, 1211 (9th Cir. 2005), where 87% of the jury pool recognized the case from media coverage.
Second, it cannot fairly be denied that the scores of articles reporting on the Flint water crisis have been and will continue to be highly prejudicial to the MDEQ Defendants. According to Dr. Edelman, “the nature of coverage surrounding this case incorporates the types of sensational and prejudicial reporting that can captivate the public’s attention, generate anger, and lead to widespread bias in the jury pool.” (Id. ¶ 41.) In the 718 articles he analyzed, the Detroit Free Press repeatedly described the matters at issue here in hyperbolic and highly prejudicial terms. (Id. ¶¶ 35-38.) Moreover, many of these articles stated that government officials knew about problems with the drinking water, failed to take basic protective measures, and then covered up what they knew. (Id. ¶ 39.)
Third, Dr. Edelman’s public opinion survey confirmed that an overwhelming supermajority of this Court’s jury pool already favor plaintiffs, already believe the MDEQ Defendants acted with reckless disregard for public safety, already would
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have a difficult time being convinced otherwise, and already are inclined to award damages to punish the MDEQ Defendants. (Id. ¶¶ 42-66.) This finding was bolstered by the potential jurors’ “qualitative” comments demonstrating an engrained prejudice held against the MDEQ Defendants. (Id. ¶ 55.) Based on this empirical data, Dr. Edelman stated that “the deep seeded prejudice found in the . . . jury pool represents the highest levels I have seen” and opined that if the case is not transferred “the burden of proof at the start of trial would be unfairly shifted to the defendants, who would have to prove that they were not grossly negligent.” (Id. ¶¶ 46, 53.)
Because the prejudice levels tainting this Court’s jury pool are significantly higher than the levels found in Tokars, Sablan, Williams, and Boss, the Court here should also transfer venue to protect the Defendants’ constitutional right to a fair and impartial trial. As the Supreme Court long-ago instructed, “it is not requiring too much that [defendant] be tried . . . by a jury other than one in which two-thirds of the members admit, before hearing any testimony, to possessing a belief in [defendant’s] guilt.” Irvin, 366 U.S. at 728.
b. Local Media’s Repeated Portrayal of Defendants’ Statements as “Admissions” of Liability Requires a Change of Venue.
When a defendant’s confession or admission of liability is featured in news media coverage, “a change of venue motion should be granted whenever requested” because “the voir dire process cannot cure the effect of a ‘confession’ which has been given news media coverage.” Oliver v. State, 250 So. 2d 888, 890
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(Fla. 1971); see also Rideau, 373 U.S. at 724-26 (change of venue based on televised confession); Neb. Press Ass’n v. Stuart, 423 U.S. 1327, 1333; 96 S. Ct. 251 (1975) (“A prospective juror who has read or heard of the confession . . . repeatedly in the news may . . . be unable to form an independent judgment as to guilt or innocence”). The publications of purported confessions or admissions is one of the few contexts “in which the risk that the jury will not, or cannot, follow instructions is so great, and the consequences of failure so vital to the defendant, that the practical and human limitations of the jury system cannot be ignored.” Bruton v. United States, 391 U.S. 123, 135; 88 S. Ct. 1620 (1968).
In this case, the local media has repeatedly ran stories characterizing the inadmissible statements, resignations, and apologies of the Defendants -- as admissions of liability and wrongdoing. The jury pool has been saturated with reports that: (a) Defendant Snyder apologized for what he has since characterized as the “systematic failures” of “career bureaucrats” at the MDEQ; (b) Defendant Wyant resigned, apologized, and acknowledged that “mistakes” were made by MDEQ; and (c) Defendant Wurfel resigned, acknowledged mistakes, and then issued apologies to the people of Flint.25 Because the mountain of adverse publicity in this case not only depicts the MDEQ Defendants as responsible for the “crisis,”
25 This is in addition to a litany of seemingly authoritative statements and reports placing blame on the MDEQ Defendants. See United States v. Moody, 762 F. Supp. 1485, 1488 (N.D. Ga. 1991) (publicized observations of guilt by FBI agent justified a change of venue); State v. Thompson, 266 Minn. 385, 388 (1963) (“The vice of the publicity given this case is not in printing or disseminating factual news but in printing and broadcasting what purports to be the opinions of people who are supposed to know the facts”).
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but also portrays them as having admitted responsibility, this matter is analogous to cases where even brief publications of criminal confessions necessitated venue changes. For this reason, alone, a change of venue is constitutionally required.
c. The Politicization of This Matter Requires a Change of Venue.
“[L]egal trials are not like elections, to be won through the use of the meeting-hall, the radio, and the newspaper.” Sheppard, 384 U.S. at 350. “Political factors have no place in a criminal proceeding, and when they are likely to appear . . . they constitute an independent reason for a venue change.” Maine v. Superior Ct., 68 Cal. 2d 375, 387 (1968); see also Powell v. Superior Ct., 232 Cal. App. 3d 785 (1991) (change of venue compelled by “the high level of political turmoil and controversy” surrounding the Rodney King arrest).26
As more thoroughly discussed in the Motion, the politicization found in these cases, where courts were constrained to transfer venue, pales in comparison to the politicization of the Flint water “crisis.” At every level of government, the Flint water crisis has been marked by declarations of emergency, disputes over public aid packages, raucous congressional hearings, fault-allocating investigative commissions, and remarkably uninformed finger-pointing from both sides of the
26 See also Caldwell v. State, 164 Tenn. 325, 332 (1932) (change of venue required due to “very great excitement and public interest protracted by political agitation and its attendant publicity”); Pope v. State, 126 Tex. Crim. 35, 38 (1934) change of venue required where defendant’s “official conduct had become a factor in political campaigns”); Smith v. Superior Ct., 276 Cal. App. 2d 145, 146-49 (1969) (change of venue required where “investigative journalism” of bribery allegations saturated the community and became “a cause celebre in local politics”).
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political aisle, including presidential and gubernatorial contenders, federal and state legislators, and local officials.27 Even more troubling is that the lowness of the political discourse largely concentrates on the allocation of blame (much of it mistakenly toward the MDEQ Defendants), and that all of it has been highly publicized by the local media.
Furthermore, the well-publicized activities of several authoritative-sounding committees and commissions in Michigan have been prejudicial to the MDEQ Defendants.28 In particular, the Flint Water Advisory Task Force recently released a final report concluding that: (a) the MDEQ was primarily to blame for the Flint water situation, (b) MDEQ officials were “belligerent” and “intransigent,” and (c) the situation amounted to environmental racism. (Exhibit K.) The report, of course, received enormous local media attention,29 as well as elation from plaintiffs’ attorneys, who attached it as an exhibit to their complaints. (See Dkt. No. 111-2.) For this reason, alone, venue should be transferred.
d. The Local Community’s Emotional Reaction Requires a Change of Venue.
A change of venue also been required where adverse publicity evokes a strong emotional response from the community. See, e.g., Coleman v. Kemp, 778 F.2d 1487 (11th Cir. 1985) (“[A]n atmosphere of hostility” pervaded community);
27 See Ex. B ¶¶ 39, 110, 122-23, 141, 152, 172, 194, 204-16, 220-25, 228-29. 28 Id. ¶¶ 4, 8-9, 13-14, 52, 54, 61, 63, 74-75, 77-78, 90, 92, 94, 101-02, 107, 16579, 181-85, 190, 192, 195, 198, 202, 206-09, 217, 222-24, 228, 238, 241. 29 Id. ¶¶ 4, 8, 13, 14, 54, 61, 75, 90, 92, 101, 170-72, 175, 178, 192, 195, 198, 203, 209, 215, 238, 242.
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Woodford, 428 F.3d 1181, 1211-12 (“[T]he public’s response to publicity clearly amounted to a ‘huge’ wave of public passion”); Boss, 261 A.D.2d at 6 (“public clamor” including mass demonstrations attended by high-ranking present and former public officials); Jacobs v. Commonwealth, 870 S.W.2d 412, 415 (Ky. 1994) (“The force of adverse publicity gave impetus to the excitement and fostered prejudice among the people of the community”); State v. James, 767 P.2d 549, 554-55 (Utah 1989) (“[C]ommunity involvement brought many people much closer to this alleged crime than ordinarily occurs).30
One of the few federal cases in the Eastern District of Michigan to have transferred venue on the basis of widespread community hostility is United States v. Ebens, 654 F. Supp. 144, 146 (E.D. Mich. 1987). The Ebens Court was “compelled” to transfer venue where “the leadership of this community,” including the Attorney General, Detroit City Council, Mayor of Highland Park, and a plethora of civil rights groups, had been “quoted by the news media uniformly to the effect that the defendant must be punished.” The Court explained that:
Factors such as the comment and castigation of public figures, the intensity and long duration of the publicity [], its inflammatory tone and content, and the continually repeated factual recitations, all militate toward the conclusion that a change of venue from the State of Michigan and the northern Ohio area must be granted.” [Id.] The same concerns are present here. As set forth more fully in the Motion, the widespread community support for the residents of Flint coupled with well-
30 See also United State v. Maad, 75 Fed. Appx. 599 (9th Cir. 2003) (unpublished) (Exhibit N); Pamplin v. Mason, 364 F.2d 1, 5 (5th Cir. 1966); Johnson v. Beto, 337 F. Supp. 1371, 1375-77 (S.D. Tex. 1972).
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documented and visceral hostility directed toward the MDEQ Defendants by the local politicians, community leaders, residents, and civil rights groups equals and, in many ways, exceeds that present in Ebens, James, Boss, Coleman, and Woodford. The massive public and private humanitarian effort is well documented. (Ex. B ¶¶ 226-33.) Over half of this Court’s jury pool states that they have donated money or resources to help Flint residents. (Ex. A ¶¶ 4, 45, 106.)
Additionally, a mob mentality has formed. Ann Arbor streets have been littered with “wanted posters” and “graffiti” expressing negative comments toward state officials, the Governor has been heckled at Ann Arbor establishments, and there have been several protests just blocks from the Courthouse. (See Ex. B ¶¶ 234-36, 239-40.) Such acts of community outrage are also common place in Flint. Protests have been attended by crowds in the thousands hoisting jugs of discolored water and displaying inflammatory signs calling for resignations, arrests, and justice. (Id. ¶¶ 158-59, 237-38, 241.) Much of the outrage has been directed at the MDEQ Defendants who have been the subject of shameful and wrongly-aimed personal attacks in the online comments following local news articles. (Id. ¶¶ 18793, 242.) For these reasons, venue should be transferred.
4. Juror Prejudice Across Michigan is so Pervasive and Entrenched that Transfer to an Out-Of-State Venue is Required.
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In some instances, adverse publicity may be so inflammatory and pervasive across an entire state that due process necessitates transfer of a case to an out-ofstate venue. See, e.g., Tokars, 839 F. Supp. at 1581-82 (“local newspaper articles and local television reports literally have numbered in the thousands”); United States v. Abrahams, 453 F. Supp. 749, 751 (D. Mass. 1978) (media branded defendant as a “con man” and “swindler”); United States v. Mazzei, 400 F. Supp. 17, 20 (W.D. Pa. 1975) (statewide perception that state senator violated the public trust); United States v. Marcello, 280 F. Supp. 510, 515-18 (E.D. La. 1968) (adverse publicity not likely read with as much interest by citizens of other states).
One prominent example of an out-of-state transfer occurred in the Oklahoma Bombing case of United States v. McVeigh, 918 F. Supp. 1467, 1469 (W.D. Okla. 1996). The court summarily determined that an impartial jury could not be empaneled in the Western District of Oklahoma where and thus weighed the propriety of transferring venue out of state. Id. at 1470-72. It found that while the national coverage of the bombing was initially intense, as time passed, “differences developed in both the volume and focus of the media coverage in Oklahoma compared with local coverage outside of Oklahoma . . . .” Id. at 1471. “The Oklahoma coverage was more personal, providing individual stories of grief and recovery,” and “Oklahomans [were] united as a family.” Id. It also found that the adverse publicity was more frequent in Oklahoma. Id. at 1473.
In transferring the case to the United States District Court for the District of Colorado, the court concluded “that there is so great a prejudice against these two defendants in the State of Oklahoma that they cannot obtain a fair and impartial
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trial at any place fixed by law for holding court.” Id. at 1474. In so holding, the court emphasized that defendant’s constitutional right to an impartial jury under the Sixth Amendment and the fundamental fairness requirement of the Fifth Amendment Due Process clause overrode “the place of trial provisions in both Article III and the Sixth Amendment.” Id. at 1469.
In this case, Dr. Edelman has, in fact, opined that the prejudice infecting this Court’s jury pool is unacceptable and on par with that which necessitated a change of venue in McVeigh. (Ex. A ¶ 3.) In the Oklahoma City Bombing cases 99% of potential jurors were aware of the bombings and 83% of potential jurors were biased against defendants. In this case, 95% of this Court’s jury pool is aware of the water situation in Flint and that 83% of this Court’s jury pool is biased against Defendants. (Id. ¶¶ 47, 50.) The numbers are no better in Grand Rapids where 99% of potential jurors are aware of the water situation in Flint and that 81% of potential jurors are biased against Defendants. (Id. ¶¶ 93-94.)
Also, like in McVeigh, where the court was constrained to order an out-ofstate venue because “Oklahomans [were] united as a family with a spirit unique to the state,” Dr. Edelman’s survey here shows that Michiganders (especially in the lower peninsula) have united as a family to rally around the residents of Flint. (Id. ¶¶ 4, 105). The undeniable fact is that this matter has commanded a strong following of Michigan residents because the events at issue occurred in Michigan, affected Michigan residents, and were allegedly caused by Michigan officials.
Accordingly, protection of Defendants’ due process rights demands that these matters be transferred to an out-of-state venue. Selection of a less prejudicial
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venue is left to the Court’s discretion and typically entails review of metropolitan areas with non-stop flight service, adequate community resources, and available federal court buildings. See, e.g., Abrahams, 453 F. Supp. at 753-54; Moody, 762 F. Supp. at 1490-91; McVeigh, 918 F. Supp. at 1474.
5. The Court Should Not Defer Transfer of Venue. The appropriate time for the transfer is now. There exists no good reason voir dire thousands of potential jurors in the hope of being able to cobble together an impartial jury. Numerous courts have expressed skepticism about jurors’ assurances of impartiality in the face of vitriolic publicity. See, e.g., Irvin, 366 U.S. at 728 (“Where so many, so many times, admitted prejudice, such a statement of impartiality can be given little weight”); Goins v. McKeen, 605 F.2d 947, 953-54 (6th Cir. 1979) (“The effect of exposure to extrajudicial reports on a juror’s deliberations may be substantial even though it is not perceived by the juror himself, and a juror’s good faith cannot counter this effect”); Sablan, 2014 U.S. Dist. LEXIS 175682, at *6-7 (finding “little assurance that even the most rigorous [voir dire] procedures would mitigate the apparently legitimate specter of bias or prejudice to the process of a fair trial” where polls showed “actual bias in more than half the potential jury pool”).31
31 See also United States v. Angiulo, 897 F.2d 1169, 1181 (1st Cir. 1990) (“Where a high percentage of the venire admits to a disqualifying prejudice, a court may properly question the remaining jurors’ avowals of impartiality, and choose to presume prejudice”); Delaney v. United States, 199 F.2d 107, 112-13 (1st Cir. 1952) (“[T]he average juror is [not] so endowed with a sense of detachment, so clear in his introspective perception of his own mental processes, that he may confidently exclude even the unconscious influence of his preconceptions as to probable guilt, engendered by a pervasive pre-trial publicity”).
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In this case, there is more juror prejudice than in Irvin, Goins, and Sablan. Over a supermajority of this Court’s jury pool already favor plaintiffs, believe that Defendants acted with reckless disregard for the public’s safety, and want to award damage to punish Defendants. (Ex. A ¶¶ 48, 50, 57.) As explained by Dr. Edelman, “where there is massive media coverage and pervasive prejudice within the jury pool, voir dire does not serve as a reliable prophylactic measure for protecting defendant’s due process rights.” (Id. ¶ 66; see also ¶¶ 56, 67-91.) “[U]nder these unique circumstances, it strains credulity to assume that mere questionnaires and voir dire can effectively weed out biased residents.” In re Tsarnaev, 780 F.3d 14, 38 (1st Cir. 2015) (Torruella, J., dissenting).
In the face of such overwhelming community-wide prejudice, several courts have also recognized that it is not an effective use of judicial resources to engage in the herculean task of calling and individually questioning an unwieldy number of veniremen in an attempt to empanel impartial juries. See, e.g., Murphy, 421 U.S. at 802; United States v. Engleman, 489 F. Supp. 48, 50 (E.D. Mo. 1980); United States v. Lawson, 2009 U.S. Dist. LEXIS 16032, at *3 (E.D. Ky. Mar. 2, 2009) (unpublished) (Exhibit O). Indeed, the McVeigh Court found that deferment of venue motions till the eve of trial are prejudicial because “a failed attempt to select a jury would, itself, cause widespread public comment.” 918 F. Supp. at 1470. For these reasons, the Court should not delay transfer of venue.
B. Alternatively, Transfer to the Northern Division of the Western District is Appropriate under 28 U.S.C. 1404(a).
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Motions to transfer venue in civil cases are generally brought pursuant to 28 U.S.C. § 1404(a). In assessing transfer under 1404(a), courts evaluate whether: (1) the action could have been brought in the transferee district; (2) transfer serves the interest of justice; and (3) transfer is in the convenience of the witnesses and parties. Kepler v. ITT Sheraton Corp., 860 F. Supp. 393, 398 (E.D. Mich. 1994); see also Moses v. Bus. Card Exp., Inc., 929 F.2d 1131, 1137 (6th Cir. 1991). Within this framework, “[c]ourts have broad discretion.” Amphion, Inc. v. Buckeye Elec. Co., 285 F. Supp. 2d 943, 946 (E.D. Mich. 2003).32
It is, however, widely accepted that the “interest of justice” factor is the paramount consideration under 1404(a) and may, alone, dictate whether transfer is required. See, e.g., Victaulic Co. v. E. Indus. Supplies, Inc., 2013 U.S. Dist. LEXIS 172021, at *4 (D.S.C. Dec. 6, 2013) (unpublished) (Exhibit P) (“[T]he interest of justice factor . . . may be decisive in ruling on a transfer motion, even though the convenience of the parties and witnesses point in a different direction”); Bankers Trust Co. v. Crawford, 559 F. Supp. 1359, 1363 (W.D.N.Y. 1983) (“The paramount consideration [under 1404(a)] is the interest of justice”).33
32 This action could have been brought in the Western District of Michigan because Defendants Wyant and Wurfel, among others, reside there. See Nappier v. Snyder, supra; Anderson v. Snyder, supra. 33 See also Fein v. Pub. Serv. Coordinated Transp., 165 F. Supp. 370 (E.D. Pa. 1958) (same); Hanning v. New England Mut. Life Ins. Co., 710 F. Supp. 213 (S.D. Ohio 1989) (same); Regents of the Univ. of Cal. v. Eli Lilly & Co., 119 F.3d 1559 (Fed. Cir. 1997) (same); Bellomo v. United States, 297 F. Supp. 2d 494 (E.D.N.Y. 2003) (same).
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5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 57 of 62 Pg ID 1167
In determining whether transfer is within the “interest of justice,” courts must assess whether adverse publicity and resulting juror prejudice present obstacles to a fair trial. See, e.g., West Am. Ins. Co. v. Potts, 1990 U.S. App. LEXIS 12513, at *6 (6th Cir. July 25, 1990) (unpublished) (Exhibit Q); Haase v. Gilboy, 246 F. Supp. 594, 596 (E.D. Wis. 1965) (adverse publicity justified transfer of venue); New York v. Gen. Motors Corp., 357 F. Supp. 327, 328 (S.D.N.Y. 1973) (“Adverse publicity is certainly a factor which a court may consider in determining the propriety of transfer pursuant to § 1404”).
Thus, “[w]hen [a] trial judge becomes aware through massive news coverage that a fair trial cannot be had in the place where the action was filed, the judge has a duty to protect the defendant’s rights to a fair trial.” Wash. Pub. Utilities Group. v. U.S. Dist. Court for W. Dist. of Wash., 843 F.2d 319, 326 (9th Cir. 1987) (citation omitted); Prophetically, the Mississippi Supreme Court in Janssen Pharmaceutica, Inc. v. Bailey, 878 So. 2d 31, 41-53 (Miss. 2004), cautioned that where suits are brought against public officials or involve mass tort actions, prosecutors reveal inadmissible information, or separate claims become intertwined in the media, trial courts must be prepared to transfer venue.
The advice applies here, where all of the above concerns, plus others, are present. As discussed in much more detail above, the prejudice levels here are simply extraordinary. The Court’s jury pool has, for over a year now, been saturated with “24/7” publicity blaming Defendants for the “lead-poisoning of children” and depicting them as “incompetent bureaucrats,” “criminals,” and “racists.” Such reports have been inaccurate and cavalierly treat complicated issues
22

5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 58 of 62 Pg ID 1168
of water chemistry and interpretations of complex federal regulations as foregone conclusions. The communities making up this Judicial District have shown pronounced support for the residents of Flint and acted out in indignation against Defendants; calling for resignations, arrests, convictions, and worse. Furthermore, at least 83% of this Court’s jury pool freely admits prejudice against the MDEQ Defendants. (Ex. A ¶¶ 48, 50, 57.)
Although Dr. Edelman recommends that this case be transferred to a venue outside of the State of Michigan because there are disturbing levels of prejudice pervading both the Eastern and Western Districts of Michigan, his data shows that the Northern Division of the Western District “represents the least prejudicial option available” in this State. (Id. ¶¶ 6, 109, 114.) The jury pool in the Northern Division “is less knowledgeable about prejudicial media reporting surrounding events in Flint, and less engaged in helping the residents there.” (Id.) Only 20% of respondents from the Northern Division reported that they have donated money or resources to help Flint. (Id. ¶ 105.) And, only 10% felt that they or someone they knew personally had been impacted by the Flint water crisis. (Id. ¶ 104.)
Accordingly, if the Court is not inclined to transfer this case out of Michigan, it is in the interest of justice for this case, as well as all pending motions, to be transferred to the Northern Division of the Western District of Michigan. Where district courts are presented with both a motion to dismiss and a motion to transfer venue, they commonly address the venue motion first, and, where transfer is appropriate, leave the motion to dismiss to be decided by the transferee court. See, e.g., Hoffman v. Fairfax Cnty. Redev. & Hous. Auth., 276 F. Supp. 2d 14, 17
23

5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 59 of 62 Pg ID 1169
(D.D.C. 2003) (transferee court better suited to address merits of motion to dismiss); Brown v. New York, 947 F.Supp.2d 317, 326 (E.D.N.Y. 2013) (deferring decision on motion to dismiss to allow the transferee court an opportunity to consider the merits of the case). III. CONCLUSION
WHEREFORE, MDEQ Defendants respectfully request that this Honorable Court: (a) grant their Motion to Change Venue; (b) transfer this case to either an out-of-state venue where they are more likely to receive a fair trial or, alternatively, to the Northern Division of the United States District Court for the Western District of Michigan; and (c) award them any different or further relief this Court deems equitable and just.
24

5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 60 of 62 Pg ID 1170

Dated: October 27, 2016
Foster, Swift, Collins & Smith, P.C. Attorneys for Defendants Patrick Cook, Michael Prysby, and Adam Rosenthal
By: /s/ Charles E. Barbieri (with permission) Charles E. Barbieri (P31793) 313 S. Washington Sq. Lansing, MI 48933 (517) 371-8100 cbarbieri@fosterswift.com
Clark Hill PLC Attorneys for Defendants Daniel Wyant and Bradley Wurfel
By: /s/ Michael J. Pattwell (with permission) Michael J. Pattwell (P72419) 212 E. Grand River Ave. Lansing, MI 48906 (517) 318-3043 mpattwell@clarkhill.com

Respectfully submitted,
Fraser, Trebilcock, Davis & Dunlap Attorneys for Defendant Liane Shekter Smith
By: /s/ Thaddeus E. Morgan (with permission) Thaddeus E. Morgan (P47394) 124 W. Allegan St., Ste. 1000 Lansing, MI 48933 (517) 482-5800 tmorgan@fraserlawfirm.com
Kotz Sangster Wysocki, P.C. Attorneys for Defendant Stephen Busch
By: /s/ Philip A. Grashoff, Jr. Philip A. Grashoff, Jr. (P14279) 36700 Woodward Ave., Ste. 202 Bloomfield Hills, MI 48304 (248) 646-1050 pgrashoff@kotzsangster.com

25

5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 61 of 62 Pg ID 1171
INDEX OF EXHIBITS
A. October 9, 2016 Declaration of Bryan Edelman with Appendices. B. Appendix Summarizing Prejudicial Coverage of the Flint Water Crisis. C. Transcript of Attorney Michal Pitt’s September 20, 2016 Interview with
Michigan Radio. D. List of the Detroit Free Press’s Flint Water Articles from April 24, 2014
to September 26, 2016. E. List of the Flint Journal’s Flint Water Articles from April 24, 2014 to
September 26, 2016. F. List of the Detroit News’ Flint Water Articles from April 24, 2014 to
September 26, 2016. G. Archive of the 718 Detroit Free Press Articles. H. List of the Kalamazoo Gazette’s Flint Water Articles from April 24, 2014
to September 26, 2016. I. List of the Traverse City Record Eagle’s Flint Water Articles from April
24, 2014 to September 26, 2016. J. Archive of the Grand Rapids Press’s Flint Water Articles from January
29, 2015 to September 26, 2016. K. Flint Water Advisory Task Force March 2016 Final Report. L. Barnes v. Century Aluminum Co., 2013 U.S. Dist. LEXIS 66054 (D.V.I.
May 9, 2013) (unpublished). M. United States v. Sablan, 2014 U.S. Dist. LEXIS 175682 (E.D. Cal. Dec.
19, 2014) (unpublished). N. United State v. Maad, 75 Fed. Appx. 599 (9th Cir. 2003) (unpublished). O. United States v. Lawson, 2009 U.S. Dist. LEXIS 16032 (E.D. Ky. Mar. 2,
2009) (unpublished). P. Victaulic Co. v. E. Indus. Supplies, Inc., 2013 U.S. Dist. LEXIS 172021
(D.S.C. Dec. 6, 2013) (unpublished). Q. West Am. Ins. Co. v. Potts, 1990 U.S. App. LEXIS 12513 (6th Cir. July
25, 1990) (unpublished). R. Dakota Hotel Ventures, LLC v. David Baumann-Architect, Ltd., 2016
U.S. Dist. LEXIS 26497 (D.S.D. Mar. 2, 2016) (unpublished).
26

5:16-cv-10444-JCO-MKM Doc # 57 Filed 10/27/16 Pg 62 of 62 Pg ID 1172
CERTIFICATE OF SERVICE I hereby certify that on October 27, 2016, I electronically filed the above with the Clerk of Court using the CM/ECF System, which will provide electronic copies to counsel of record.
/s/ Philip A. Grashoff
27

 
 5:16-cv-10444-JCO-MKM Doc # 89 Filed 12/01/16 Pg 1 of 5 Pg ID 4791

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LUKE WAID, et al.,

No. 5:16-cv-10444-JCO-MKM

Plaintiffs,

HON. JOHN CORBETT O’MEARA

v.

MAG. JUDGE MONA K. MAJZOUB

GOVERNOR RICHARD D. SNYDER, et al.,

Defendants.

PLAINTIFFS’ RESPONSE TO MDEQ DEFENDANTS’ MOTION FOR CHANGE OF VENUE
The MDEQ Defendants’ Motion for Change of Venue (Dkt. No. 57) is identical to motions that the same defendants have brought in other cases pending in this Court. See, e.g., (Mays v. Snyder, Case No. 15-cv-14002-JCO-MKM, Dkt. No. 172; Gilcreast v. Snyder, Case No. 16-11173-JCO-MKM, Dkt. No. 93). The MDEQ Defendants suggest that the Court should transfer all of the Flint water crisis cases to another venue even though they only argue that one of the eight relevant factors weighs in favor of transfer. See Motion (ignoring seven of the eight factors enumerated in Wayne County Employees’ Retirement System v. MGIG, 604 F. Supp. 2d 969, 974 (E.D. Mich. 2009) and Moses v. Bus. Card Express, Inc., 929 F.2d 1131, 1137 (6th Cir. 1991). Regarding that one factor, “the
1

5:16-cv-10444-JCO-MKM Doc # 89 Filed 12/01/16 Pg 2 of 5 Pg ID 4792
interests of justice,” the MDEQ Defendants argue that media coverage of the Flint water crisis “has made it nearly impossible for a fair and impartial jury to be empaneled in this Judicial District,” even though such a jury trial would occur months or years in the future and after a voir dire process to cure any potential bias on either side, media coverage has not focused specifically on the movants, the other governmental defendants do not join the MDEQ Defendants’ motion and do not argue that media coverage has prejudiced them, and the MDEQ Defendants’ own evidence demonstrates that, even if a trial were held today, there are almost a million jurors who remain “unbiased” from media coverage in this district’s jury pool.
On November 4, 2016, the Mays Plaintiffs filed a brief in opposition to the MDEQ Defendants’ motion (“Mays Opposition”), which is attached as Exhibit A. The Mays Opposition articulates the reasons why the MDEQ Defendants’ Motion is meritless. In summary, the Mays Opposition explains:
 The Motion ignores the relevant factors and authorities governing a motion to transfer venue, which support denial of the motion (Exhibit A at 3-4);
 The Motion is premature and fails to establish, for a jury trial that will take place months or years in the future and after a proper voir dire process, that the jury will necessarily be biased against the MDEQ Defendants (id. at 810); 2

5:16-cv-10444-JCO-MKM Doc # 89 Filed 12/01/16 Pg 3 of 5 Pg ID 4793
 The Motion ignores controlling case law establishing that pretrial publicity of the kind described in the Motion should be addressed during voire dire, and that venue changes based on pretrial publicity are “generally disfavored” (id. at 10-13 (quoting United States v. Jamieson, 264 F. Supp. 2d 603, 605 (N.D. Ohio, 2003)));
 The MDEQ Defendants fail to meet their burden to override plaintiffs’ choice of forum, particularly because the MDEQ Defendants’ own survey results suggest that there are hundreds of thousands of potential unbiased jurors in this judicial district from which to select a jury (id. at 13-19);
 The vast majority of Flint media coverage has been factual, and not invidious or inflammatory (id. at 19-21); and
 Because the Flint water crisis has been a major national news story, the MDEQ Defendants have failed to establish any basis to transfer the case to another judicial district rather than to address any potential juror biases during voir dire (id. at 21-24).
Rather than repeat the arguments in the Mays Opposition, the Waid Plaintiffs hereby incorporate them by reference. For the reasons articulated in the Mays Opposition, the Court should deny the MDEQ Defendants’ Motion.
3

5:16-cv-10444-JCO-MKM Doc # 89 Filed 12/01/16 Pg 4 of 5 Pg ID 4794

December 1, 2016

Respectfully submitted,
NAPOLI SHKOLNIK PLLC
By: /s/ Hunter Shkolnik Hunter Shkolnik, #2031458NY Paul J. Napoli, #251314NY 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 hunter@napolilaw.com pnapoli@napolilaw.com
Attorneys for Plaintiffs

4

5:16-cv-10444-JCO-MKM Doc # 89 Filed 12/01/16 Pg 5 of 5 Pg ID 4795
CERTIFICATE OF SERVICE I hereby certify that on December 1, 2016, the foregoing was electronically filed with the Clerk of the Court using the CM/ECF system which will send notification of such filing upon counsel of record.

Dated: December 1, 2016

_____/s/ Patrick J. Lanciotti______

5

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LUKE WAID, et al.,

Plaintiffs,
v.
GOVERNOR RICHARD DALE SNYDER,

Case No. 16-10444 Hon. John Corbett O’Meara

Defendants. ____________________________/

ORDER GRANTING MOTIONS TO DISMISS

Before the court are several motions to dismiss filed by Defendants.

Plaintiffs’ complaint, which arises from the water contamination in Flint,

Michigan, is virtually identical to the one filed in McMillian v. Snyder, Case No.

16-10796, which the court dismissed for lack of subject matter jurisdiction.

Consistent with McMillian, the court finds that (1) Plaintiffs’ claims under 42

U.S.C. § 1983 are precluded by the Safe Drinking Water Act; (2) Plaintiffs’ Safe

Drinking Water Act claims are barred by Plaintiffs’ failure to provide the required

notice under the statute; and (3) given the lack of viable federal claims, it is

appropriate for the court to decline to exercise supplemental jurisdiction over

Plaintiffs’ state law claims. The court incorporates by reference its analysis in
-1-

McMillian, No. 16-10796, Docket No. 136 (notice under the SDWA), Mays v. Snyder, No. 15-14002, Docket No. 196 (SDWA preclusion of § 1983 claims), and Boler v. Earley, No. 16-10323, Docket No. 56 (SDWA preclusion of § 1983 claims).
IT IS HEREBY ORDERED that Defendants’ motions to dismiss are GRANTED and Plaintiffs’ complaint is DISMISSED.

Date: February 7, 2017

s/John Corbett O’Meara United States District Judge

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, February 7, 2017, using the ECF system.
s/William Barkholz Case Manager

-2-

 
 5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 1 of 36 Pg ID 6539

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LUKE WAID, et al.; Individually and On Behalf of All Others Similarly Situated,
Plaintiffs, vs.

Case No. 5:16-cv-10444-JEL-MKM Hon. Judith E. Levy

GOVERNOR RICHARD D. SNYDER, et al.,

Defendants.

Joint Motion for Consolidation of the Class Actions, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions

Plaintiffs1 state as follows for their Motion for Consolidation, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the individual actions:
1. For more than a year, litigation has been pending in state and federal court involving personal and property damages claims related to the Flint Water Crisis.
2. Currently, there are 10 class actions related to the Flint Water Crisis pending in this Court.2

1 This filing is made on behalf of the Plaintiffs in the individual actions as well as the putative class actions listed in Exhibit 1.
2 These actions are listed in Exhibit 2.

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 2 of 36 Pg ID 6540
3. The pending class actions involve common issues of law and fact and, therefore, should be consolidated pursuant to Federal Rule of Civil Procedure 42(a).
4. Also pending in this Court are more than 50 individual actions related to the Flint Water Crisis. Plaintiffs do not seek to consolidate the individual actions. However, Plaintiffs believe that it is in the best interests of all the parties, as well as the Court, for the class actions and individual actions to be coordinated in order to minimize duplication of effort and streamline discovery.
5. Furthermore, pursuant to Federal Rule of Civil Procedure 23(g)(3), Plaintiffs move for Theodore Leopold of Cohen Milstein Sellers & Toll PLLC and Michael Pitt of Pitt McGehee Palmer & Rivers PC to be appointed interim co-lead counsel for the class.
6. Plaintiffs also move for the appointment of an Executive Committee whose membership will be comprised of attorneys named by Interim Co-Lead Class Counsel and who will assist Co-Lead Counsel in prosecuting the Class’s case.
7. Finally, Plaintiffs move for Corey Stern of Levy Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC to be appointed as liaison counsel for the individual personal injury and property damage cases pending in federal court.
2

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 3 of 36 Pg ID 6541

8. Pursuant to the Court’s order setting a status conference for July 26, 2017, Plaintiffs will confer with Defendants and provide a proposed schedule for filing a consolidated class action complaint and otherwise managing these cases. 3
WHEREFORE, based upon the foregoing and the accompanying Memorandum in Support of this Motion, Plaintiffs respectfully request that the Court enter the [Proposed] Order for Consolidation, Appointment of Interim CoLead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions.

Dated: June 9, 2017

Respectfully submitted,

/s/ Theodore J. Leopold Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLL PLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone tleopold@cohenmilstein.com /s/ Emmy L. Levens Kit A. Pierson Joseph M. Sellers

/s/ Michael L. Pitt Michael L. Pitt Cary S. McGehee Pitt McGehee Palmer & Rivers, P.C. 117 West 4th Street Suite 200 Royal Oak, MI 48067 (248) 398-9800 Telephone mpitt@pittlawpc.com cmcgehee@pittlawpc.com William Goodman (P14173)

3 Pursuant to L.R. 7.1, Plaintiffs’ counsel conferred with counsel for Defendants and other Class Plaintiffs regarding the relief requested herein. It is Plaintiffs’ understanding that the State Defendants do not support Plaintiffs’ motion for consolidation but take no position on the question of the appointment of lead counsel for the class or individual actions. Counsel for Defendants Lockwood, Andrews & Newnam, P.C., Lockwood Andrews & Newnam, Inc., and Leo A. Daly Co. (collectively “LAN”), would not consent to the requested relief at this time. Counsel for Defendants Veolia North America, Inc., Veolia North America, LLC, and Veolia Water North America Operating Services, LLC (collectively “Veolia”) did not respond to Plaintiffs inquiry prior to the filing of this motion. At this time, Plaintiffs’ counsel for all of the actions listed in Exhibit 2 support the requested brief except for one, Washington, et al. v. Snyder, et al., No. 5:16-cv-11247, which, as of the time of this filing, has not taken a position with regard to the motion.

3

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 4 of 36 Pg ID 6542

Emmy L. Levens Jessica Weiner COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone kpierson@cohenmilstein.com jsellers@cohenmilstein.com elevens@cohenmilstein.com jweiner@cohenmilstein.com

Hunter J. Shkolnik Paul J. Napoli Patrick J. Lanciotti Napoli Shkolnik, PLLC 360 Lexington Avenue 11th Floor New York, NY 10017 (212) 397-1000 Telephone hshkolnik@napoli.com pnapoli@napoli.com planciotti@napoli.com

Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone vbhatia@susmangodfrey.com sraymond@susmangodfrey.com

Stephen Morrissey Jordan Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey.com jconnors@susmangodfrey.com

Peretz Bronstein

Shimon Yiftach

BRONSTEIN, GEWIRTZ

60&EGasRt O42SnSd MStAreNet,,

LLC Suite

4600

New York, NY 10165

(212) 697-6484 Telephone

peretz@bgandg.com

shimony@bgandg.com

Corey M. Stern Anna Kull Daniel B. Weiss LEVY KONIGSBERG, LLP 800 Third Avenue, 11th Floor New York, New York 10022 (212) 605-6298 Telephone cstern@levylaw.com akull@levylaw.com dweiss@levylaw.com Julie H. Hurwitz (P34720) Kathryn Bruner James (P71374) Goodman & Hurwitz PC 1394 E. Jefferson Ave Detroit MI 48207 (313) 567-6170 bgoodman@goodmanhurwitz.com jhurwitz@goodmanhurwitz.com Paul Novak (P39524) Diana Gjonaj (P74637) Gregory Stamatopoulos (P74199) Weitz & Luxenberg, P.C. 719 Griswold Street Suite 620 Detroit, MI 48226 pnovak@weitzlux.com dgjonaj@weitzlux.com gstamatopoulos@weitzlux.com Robin L. Greenwald Weitz & Luxenberg, P.C. 700 Broadway New York, NY 10003 (212) 558-5500 rgreenwald@weitzlux.com Deborah A. LaBelle (P31595) Law Offices of Deborah A. LaBelle 221 N. Main St Ste 300 Ann Arbor MI 48104 (734) 996-5620 deblabelle@aol.com Trachelle C. Young (P63330) Trachelle C. Young & Assoc. PLLC 2501 N. Saginaw St Flint MI 485054443 (810) 239-6302 trachelleyoung@gmail.com Brian McKeen P34123 Salvatore Amodeo P80290 McKEEN & ASSOCIATES, PC
4

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 5 of 36 Pg ID 6543

Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310) 789-3100 Telephone khoek@susmangodfrey.com Esther E. Berezofsky WILLIAMS CUKER BEREZOFSKY 1515 Market Street Suite 1300 Philadelphia, PA 19102 (215) 557-0099 Telephone eberezofsky@wcblegal.com

645 Griswold Street, Suite 4200 Detroit, Michigan 48226 Telephone: (313) 961-4400 BjMcKeen@mckeenassociates.com Samodeo@mckeenassociates.com Neal H. Weinfield The Dedendum Group (312) 613-0800 nhw@dedendumgroup.com Cirilo Martinez (P65074) Law Office of Cirilo Martinez, PLLC 3010 Lovers Lane Kalamazoo, MI 49001 (269) 342-1112 Telephone martinez_cirilo@hotmail.com Andrew P. Abood (P43366) ABOOD LAW FIRM 246 East Saginaw Street, Suite One East Lansing, Michigan 48823 (517) 332-5900 Telephone andrew@aboodlaw.com

5

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 6 of 36 Pg ID 6544

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

LUKE WAID, et al.; Individually and On Behalf of All Others Similarly Situated,
Plaintiffs, vs.

Case No. 5:16-cv-10444-JEL-MKM Hon. Judith E. Levy

GOVERNOR RICHARD D. SNYDER, et al.,

Defendants.

Memorandum of Law in Support of Joint Motion for Consolidation of the Class Actions, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 7 of 36 Pg ID 6545
TABLE OF CONTENTS STATEMENT OF ISSUES PRESENTED..............................................................i TABLE OF AUTHORITIES ..................................................................................ii ARGUMENT .......................................................................................................... 3 I. The Court Should Conserve Judicial and Class Resources and Consolidate
the Pending Class Actions. ........................................................................... 3 A. The Standard for Consolidation.................................................................... 3 B. The Standards for Consolidation are Easily Satnsifed Here. ....................... 9 II. Appointment of Interim Co-Lead Class Counsel is Appropriate and Will
Facilitate the Efficent Litigation of this Matter. ........................................... 7 III. Mr. Leopold and Mr. Pitt Stand Out as Most-Qualified to Represent the
Class’s Interests. ........................................................................................... 9 A. Proposed Co-Lead Counsel are Experienced Class Litigators With
Extensive Knowledge of the Relevant Law. ................................................ 9 B. Proposed Co-Lead Class Counsel Have the Resources Necessary to
Pursue This Case in an Efficient but Tenacious Manner. .......................... 17 C. Courts Favor Private Ordering in Selecting Class Counsel. ...................... 16 D. Proposed Co-Lead Class Counsel’s Investigation Greatly Inures to the
Class’s Benefit. ........................................................................................... 17 E. The Proposed Leadership Structure Enjoys Substantial
Class Support. ............................................................................................. 18 IV. Proposed Co-Lead Class Counsel Request that the Court Appoint an
Executive Committee.................................................................................. 19 V. Proposed Co-Lead Class Counsel Request that the Court Appoint Counsel
to Serve as Liaison Counsel to the Individual Actions. ............................. 19 CONCLUSION ..................................................................................................... 23

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 8 of 36 Pg ID 6546
STATEMENT OF ISSUES PRESENTED 1. Should the court consolidate the class actions listed in Exhibit 2?
Plaintiffs’ answer: Yes. 2. Should the Court appoint Theodore Leopold of Cohen Milstein Sellers &
Toll PLLC and Michael Pitt of Pitt McGehee Palmer & Rivers PC as Interim Co-Lead Class Counsel? Plaintiffs’ answer: Yes. 3. Should the Court authorize Interim Co-Lead Class Counsel to appoint an Executive Committee? Plaintiffs’ answer: Yes. 4. Should the Court appoint Corey Stern of Levy Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC to serve as Liaison Counsel for the Individual Actions pending in Federal Court? Plaintiffs’ answer: Yes.
i

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 9 of 36 Pg ID 6547

TABLE OF AUTHORITIES

CASES

Page(s)

Am. Bridge Mfg. Co. v. Water Toebe Const. Co., No. 08-cv-14315, 2010 WL 3245292 (E.D. Mich. Aug. 17, 2010) .....................4

In re: Auto. Wire Harness Systems Antitrust Litig., No. 12-md-02311 (E.D. Mich. Mar. 9, 2012), ECF No. 60 .................................8

In re Bendectin Litig., 857 F.2d 290 (6th Cir. 1988) ................................................................................6

Braynina v. Prof’l Claims Bureau, Inc., No. 14-cv-6402, 2015 WL 3971410 (E.D.N.Y. June 30, 2015) ..........................6

Cantrell v. GAF Corp., 999 F.2d 1007 (6th Cir. 1993) ..............................................................................4

Central States, SE. & SW. Area Pension Fund v. Smeltzer Enters., Inc., No. 08-cv-50180, 2009 WL 3672120 (E.D. Mich. Oct. 30, 2009) ......................4

Davenport v. Lockwood, Andrews & Newnam, P.C., 17-1200 (6th Cir., filed Apr. 25, 2017), ECF No. 20 ...........................................6

In re Delphi ERISA Litig., 230 F.R.D. 496 (E.D. Mich. 2005) ...................................................................4, 9

In re Dow Corning Corp., 211 B.R. 545 (Bankr. E.D. Mich. 1997)...............................................................6

In re Flint Water Litig., 17-108646-NO (Mich. Cir. Ct., Genesee Cty., Nov. 16, 2016) ...........................8

Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492 (11th Cir. 1985) ............................................................................4

Mays v. Snyder, 15-cv-14002-JCO-MKM (E.D. Mich., filed June 18, 2016), ECF No. 118..................................................................................................................6

ii

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 10 of 36 Pg ID 6548
Mays v. Snyder, 17-1144 (6th Cir. Feb. 6, 2017) ............................................................................6
In re Packaged Ice Litig., No. 08-md-01952, 2009 WL 1518428 (E.D. Mich. June 1, 2009) ......................8
Parkinson v. Hyundai Motor Am., No. CV06-345AHS(MLGX), 2006 WL 2289801 (C.D. Cal. Aug. 7, 2006) ...............................................................................................................16
In re Plumbing Fixtures, 308 F. Supp. 242 (J.P.M.L. 1970) ........................................................................6
Ross v. Jack Rabbit Servs., LLC, No. 3:14-CV-00044-TBR, 2014 WL 2219236 (W.D. Ky. May 29, 2014) .....................................................................................................................9
The Shane Group, Inc., et al. v. Blue Cross Blue Shield of Mich., No. 2:10-cv-14360 (E.D. Mich. May 29, 2012), ECF No. 69..............................9
Young v. Hamric, No. 07-cv-12368, 2008 WL 2338606 (E.D. Mich. June 4, 2008)........................4
OTHER AUTHORITIES Fed. R. Civ. P. 23 .............................................................................................7, 9, 15 Fed. R. Civ. P. 42(a)...........................................................................................3, 5, 7 Manual for Complex Litigation (4th ed. 2009) (“Manual”) .............................passim
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The Court recently issued an order setting a status conference for the purpose of organizing the litigation involving the Flint Water Crisis. Presently pending before this Court are 10 related putative class actions related to the Crisis and more than fifty individual actions alleging that Defendants caused Flint residents and property owners to suffer ruinous damages to their health and property when Defendants recommended, approved, and caused corrosive, leadand bacteria-contaminated water to serve as the water supply for the City of Flint.
For more than a year, these cases have proceeded on a disaggregated basis resulting in inefficient and duplicative motion practice. While multiple courts and armies of lawyers have briefed and litigated nearly identical procedural and jurisdictional challenges over and over again, the victims of this crisis have received no relief. The time to organize this litigation is now. The victims of this crisis do not have time for further delays. The only way to ensure that the Flint Water Crisis litigation proceeds justly and efficiently is to consolidate the class actions, appoint highly qualified and motivated lead counsel for the class, appoint liaison counsel for the individual actions, and coordinate the class cases with the individual actions proceeding in state and federal court.
Plaintiffs’ counsel have worked together to organize a proposed leadership structure that enjoys nearly unanimous support. Plaintiffs1 propose that Theodore
1 For the purposes of this filing, “Plaintiffs” includes the Plaintiffs in the pending Class Actions and individual actions listed in Exhibit 1.
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Leopold of Cohen Milstein Sellers & Toll PLLC and Michael Pitt of Pitt McGehee
Palmer & Rivers PC be appointed interim co-lead counsel for the class and Corey
Stern of Levy Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC be
appointed as liaison counsel for the individual personal injury and property damage
cases pending in federal court. Since the filing of the first class and individual
actions, Mssrs. Leopold, Pitt, Stern, and Shkolnik have performed as de facto
leaders for the victims of the Flint Water Crisis; they are uniquely qualified to
organize and lead this litigation for the following reasons:
• Expertise: They have unparalleled expertise in mass torts, class actions, expert issues, civil and constitutional law, and complex litigation.
• Resources: Mr. Leopold serves on the Executive Committee of one of the nation’s largest class action firms and Mr. Pitt has opened up and maintains an office in Flint where class members can receive information regarding the case. Likewise Mr. Stern and Mr. Shkolnik are partners in nationallyrecognized firms specializing in mass torts.
• Coalition: Nearly every attorney that has filed a class or individual action supports the proposed leadership structure demonstrating that these attorneys are uniquely capable of building bridges between parties with diversified interests—a critical skill in complex litigation.
• Investigation and Prosecution: The proposed leadership team has been at the forefront of this litigation from the beginning, filing the first individual and class action cases and leading the legal battles that have taken place to date.
• Class Member and Individual Plaintiff Support: Mr. Leopold has secured the support of the NAACP and Mexican Consulate; under Mr. Pitt’s leadership the Flint Water Class Action Legal Team has obtained retainers from the more than 7,000 residents. Similarly Mr. Stern and Mr. Shkolnik represent thousands of residents who have chosen to pursue claims
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individually and have been actively pursuing these cases alongside Mssrs. Pitt and Leopold. • Prior Leadership in the Flint Litigation: For the past year this proposed team has effectively coordinated counsel in both state and federal court to organize meetings, streamline the litigation process, and present organized and efficient efforts before the various courts where these cases had been disbursed. Experienced leadership can coordinate the class and individual actions to
streamline discovery and ensure that discrete legal and factual issues are presented
to the court in a logical fashion. While the proposed leadership for plaintiffs
understand that not all issues are aligned, the proposed leadership is committed to
moving these cases forward in an efficient and organized fashion. ARGUMENT
I. The Court Should Conserve Judicial and Class Resources and Consolidate the Pending Class Actions. A. The Standard for Consolidation. Pursuant to Federal Rule of Civil Procedure 42, “[i]f actions before the court
involve a common question of law or fact, the court may: (1) join for hearing or
trial any or all matters at issue in the actions; (2) consolidate the actions; or (3)
issue any other orders to avoid unnecessary cost or delay.” Fed. R. Civ. P. 42(a).
Courts are afforded broad discretion under this rule to consolidate pending cases. 9
Charles Alan Wright & Arthur R. Miller, Fed. Practice and Procedure § 2385 (2d
ed. 1987). The Sixth Circuit has advised courts to consider the following when
determining whether to consolidate pending cases:
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[W]hether the specific risks of prejudice and possible confusion [are] overborne by the risk of inconsistent adjudications of common factual and legal issues, the burden on parties, witnesses and available judicial resources posed by multiple lawsuits, the length of time required to conclude multiple suits as against a single one, and the relative expense to all concerned of the single-trial, multiple-trial alternatives. Cantrell v. GAF Corp., 999 F.2d 1007, 1011 (6th Cir. 1993) (quoting Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir. 1985)). In addition, “[c]are must be taken that consolidation does not result in unavoidable prejudice or unfair advantage.” Id. Geared toward increasing the efficient allocation of judicial resources, consolidation is proper especially when multiple proceedings “would be largely duplicative.” See Central States, SE. & SW. Area Pension Fund v. Smeltzer Enters., Inc., No. 08-cv-50180, 2009 WL 3672120, at *1 (E.D. Mich. Oct. 30, 2009). Even where “each of the separate cases may involve factual and legal issues which are separate and distinct from those presented in the others,” consolidation may still allow for a more orderly and efficient proceeding, and avoid the risks of inconsistent rulings, where the primary subject matter of the lawsuits is the same. Young v. Hamric, No. 07-cv-12368, 2008 WL 2338606, at *4 (E.D. Mich. June 4, 2008). Courts frequently consolidate cases like this one, in which consolidation will increase the efficiency and manageability of the cases, and the plaintiffs support consolidation. See, e.g., In re Delphi ERISA Litig., 230 F.R.D. 496, 498 (E.D. Mich. 2005); Am. Bridge Mfg. Co. v. Water Toebe Const.
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Co., No. 08-cv-14315, 2010 WL 3245292, at *1 (E.D. Mich. Aug. 17, 2010). B. The Standards for Consolidation are Easily Satisfied Here. All factors weigh in favor of consolidation. The Pending Class Actions2
involve substantially overlapping defendants, factual allegations, and causes of action, all of which relate to the same toxic water disaster. Discovery in each of these related matters will focus on the roles of the City of Flint Defendants, the State of Michigan Defendants, and the Professional Engineering Defendants in contaminating the Flint water supply in 2014 and 2015.
Indeed, allowing these 10 largely overlapping Pending Actions to proceed unconsolidated would lead precisely to the inefficiencies that Rule 42(a) was designed to avert—duplicative motions, chaotic discovery, and a severe risk of inconsistent rulings. Given that this litigation is more than a year old, these concerns are far from hypothetical: failing to consolidate the actions early has resulted in four separate appeals to the Sixth Circuit, the simultaneous briefing of more than 25 motions to dismiss in the class actions alone, and with discovery about to begin in the state actions, a serious risk of disordered discovery.
Notably, mass torts and class actions are particularly well-suited for consolidation because consolidation avoids the need for fragmented pretrial proceedings and minimizes the expenditure of time and money—issues that are
2 See Exhibit 2 listing actions to be consolidated. 5

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uniquely relevant in complex class actions and mass torts such as these. See, e.g., In re Dow Corning Corp., 211 B.R. 545, 574 (Bankr. E.D. Mich. 1997).3
Moreover, where a large set of actions involve a single issue that may be
dispositive of the litigation, many courts have permitted consolidation along with
separate issue trials in order to maximize efficient adjudication:
Many courts have in fact permitted separate issue trials when the issue first tried would be dispositive of the litigation. The courts do so because the efficiency of the trial proceedings is greatly enhanced when a small part of the case can be tried separately and resolve the case completely.
In re Bendectin Litig., 857 F.2d 290, 317 (6th Cir. 1988).
Judge O’Meara previously declined to consolidate the class actions,
choosing instead to address whether the Court had jurisdiction over each, separate
case. Order Denying Mot. to Stay, Mays v. Snyder, 15-cv-14002-JCO-MKM (E.D.
Mich., filed June 18, 2016), ECF No. 118. However, the Sixth Circuit has now definitively held that this court has jurisdiction over this case4 and will soon
address whether certain federal causes of action may proceed against the various governmental defendants.5 There is no reasoned basis for taking the time and
resources to apply these rulings to each class action separately. Consolidating the 3 See also Braynina v. Prof’l Claims Bureau, Inc., No. 14-cv-6402, 2015 WL
3971410, at *1 (E.D.N.Y. June 30, 2015); In re Plumbing Fixtures, 308 F. Supp. 242, 244 (J.P.M.L. 1970).
4 Opinion and Judgment, Davenport v. Lockwood, Andrews & Newnam, P.C., 17-1200 (6th Cir., filed Apr. 25, 2017), ECF No. 20.
5 See Boler v. Earley, 16-01684 (6th Cir. May 13, 2016) and Mays v. Snyder, 17-1144 (6th Cir. Feb. 6, 2017).
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class actions now will allow Plaintiffs to submit a single, consolidated class complaint which Defendants can then answer or attempt to dismiss at one time.
By consolidating these cases6 and appointing Interim Co-Lead Class Counsel, the parties and the Court can take the first step towards resolving these many disputes about a common set of facts in an orderly and judicious manner. Consolidation for pretrial purposes is consistent with Rule 42(a) and will promote conservation of the parties’ resources, judicial economy, and the efficient and expeditious prosecution of this litigation. Accordingly, Plaintiffs respectfully submit that the Court should grant the motion for consolidation. II. Appointment of Interim Co-Lead Class Counsel is Appropriate and
Will Facilitate the Efficient Litigation of this Matter. Federal Rule of Civil Procedure 23(g)(3) provides that “[t]he court may designate interim counsel to act on behalf of the putative class before determining whether to certify the action as a class action.” Fed. R. Civ. P. 23(g)(3). Similarly, the Manual for Complex Litigation (4th ed. 2009) (“Manual”) recommends that the Court select and authorize one or more attorneys to act on behalf of other counsel and their clients early in complex litigation. Counsel so designated “assume a
6 In addition to the pending class actions listed in Exhibit 2, there are also several individual suits pending before the Court involving the Flint Water Crisis. Plaintiffs believe that the best course of action is for these individual cases to be coordinated with the consolidated class action so that discovery can proceed in tandem. This will also help facilitate coordination with the state-court actions.
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responsibility to the court and an obligation to act fairly, efficiently, and economically in the interests of all parties and parties’ counsel.” Manual § 10.22.
Appointment of interim class counsel at this time will define the roles and responsibilities of the different plaintiffs’ law firms presently in these cases, will encourage those so appointed to zealously invest their time and financial resources in the litigation, will eliminate doubt about their role in the litigation should additional related cases be filed, and will avoid distracting and protracted leadership contests if other related cases are later filed. Absent such an appointment—and as illustrated by the evolution of the cases thus far—the future of the Class’s claims could perilously be shaped not by the most qualified attorneys but rather by the attorneys who happen to reach a given issue first.
Critically, several related individual cases are proceeding to discovery in state court.7 By appointing leadership for the class cases now, this Court ensures that discovery proceeds in tandem to the greatest extent possible. For these reasons, and in order to promote order out of the potential procedural chaos associated with the litigation of multiple class cases at the same time, courts in this circuit routinely designate interim lead counsel before dispositive motion practice.8
7 Case Management Order, In re Flint Water Litig., 17-108646-NO (Mich. Cir. Ct., Genesee Cty., Nov. 16, 2016)
8 See, e.g., In re Packaged Ice Litig., No. 08-md-01952, 2009 WL 1518428, at *4 (E.D. Mich. June 1, 2009) Order Appointing Interim Lead and Liaison Counsel for the Direct Purchaser Actions, In re: Auto. Wire Harness Systems Antitrust Litig., No. 12-md-02311 (E.D. Mich. Mar. 9, 2012), ECF No. 60; Order for
8

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III. Mr. Leopold and Mr. Pitt Stand Out as Most-Qualified to Represent the Class’s Interests. Federal courts apply the same standards for appointing interim class counsel
as when selecting class counsel at the class certification stage.9 Therefore, the Court may consider the following factors in appointing interim class counsel:
i) the work that counsel has done in identifying or investigating potential claims in the action; ii) counsel’s experience in handling class actions, other complex litigation, and the types of claims asserted in the action; iii) counsel’s knowledge of the applicable law; and iv) the resources that counsel will commit to representing the class. Fed. R. Civ. P. 23(g)(1)(A). The Federal Rules also provide that the Court “may also consider other matter[s] pertinent to counsel’s ability to fairly and adequately represent the interests of the class.” In re Delphi ERISA Litig., 230 F.R.D. 496, 498 (E.D. Mich. 2005); accord Fed. R. Civ. P. 23(g)(1)(B). These factors weigh in favor of appointing Mr. Leopold and Mr. Pitt as Co-Lead Counsel. A. Proposed Co-Lead Counsel Are Experienced Class Litigators With Extensive Knowledge of the Relevant Law. Proposed Co-Lead Counsel each has extensive class action experience and substantive expertise. Indeed, they have successfully litigated some of the most complex private class action cases in the last two decades. Their collective and respective individual litigation experience amply demonstrates that Proposed Co-
Appointment of Interim Class and Liaison Counsel, The Shane Group, Inc., et al. v. Blue Cross Blue Shield of Mich., No. 2:10-cv-14360 (E.D. Mich. May 29, 2012), ECF No. 69.
9 See, e.g., Ross v. Jack Rabbit Servs., LLC, No. 3:14-CV-00044-TBR, 2014 WL 2219236 at *5 (W.D. Ky. May 29, 2014); In re Delphi ERISA Litig., 230 F.R.D. 496, 498 (E.D. Mich. 2005).
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Lead Counsel have experience litigating class actions and a superior knowledge of the relevant law. See Rule 23(g)(1)(A)(ii-iii); Manual § 10.224.
Theodore Leopold of Cohen Milstein: For over 45 years, Cohen Milstein, an 88-lawyer firm based in Washington, D.C. and five other cities, has been one of the nation’s leading plaintiffs’ class action firms.10 The firm has litigated some of the nation’s most complex class cases and has recovered billions of dollars in damages for injured plaintiffs, including many successful class actions in this district. In March of this year, the National Law Journal named Cohen Milstein to its Plaintiffs Hot List for the sixth year in a row. In January 2016, Law360.com named Cohen Milstein the “Class Action Practice Group of the Year, following its designation in July 2015 of Cohen Milstein as one of the “Most Feared Plaintiffs Firms” for the third year in a row.
The Cohen Milstein lawyer charged with leading this litigation—Theodore J. Leopold—brings considerable expertise to the table. Mr. Leopold, a member of the firm’s Executive Committee, serves as Chair of the Catastrophic Injury and Managed Care practices and Co-Chair of the Consumer Protection & Unsafe Products practice group, and has been litigating complex product liability and catastrophic injury suits for nearly thirty years. Indeed, for the tenth consecutive year he was selected for inclusion in The Best Lawyers in America. Mr. Leopold’s
10 A copy of the Cohen Milstein Résumé is attached as Exhibit 3. 10

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extensive experience has directly benefited his clients. For example, in 2010, he obtained a $131 million jury verdict against the Ford Motor Company, the ninthlargest verdict against an automobile company in U.S. history.
Mr. Leopold is the past president of Public Justice, a national organization headquartered in Washington, D.C. that fights for justice through precedentsetting and socially significant individual and class action litigation. He is consistently recognized by leading publications such as Super Lawyers and The Best Lawyers in America. In addition, he has been nominated for “Trial Lawyer of the Year” by the Public Justice Foundation for his ground breaking litigation involving the managed care industry, and his work has been featured in the National Law Journal’s “Top Verdicts of the Year.”
Mr. Leopold leads a team of highly qualified attorneys including multiple former federal law clerks as well as an expert on environmental and toxic torts who currently teaches a course on the subject at George Washington School of Law. The Cohen Milstein attorneys working on this case are joined by co-counsel with extensive experience and specialized expertise. Vineet Bhatia and Stephen Morrissey—partners at Susman Godfrey LLP, a preeminent class-action and trial boutique—have more than twenty years’ experience each successfully litigating and trying cases for plaintiffs. Neal Weinfield, an attorney specializing in environmental law, has technical expertise relevant to cases involving engineering
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companies. Likewise, Esther Berezofsky is a nationally recognized expert in environmental litigation having served at the helm of many notable cases including the Toms River case involving contaminated drinking water. Finally, Peretz Bronstein—a founding partner of Bronstein, Gewirtz & Grossman, LLC—is counsel to Village Shores and has been diligently working to protect landlord interests in Flint, Michigan. He is a graduate of Harvard Law School with 30 years of experience with complex litigation, including both prosecuting and defending class actions—experience that cannot help but inure to the Class’s benefit.
Michael Pitt of Pitt McGehee: As the Royal Oak firm of Pitt McGehee Palmer and Rivers enters into its 25th year of operation, its core skills and reputation as exceptional trial counsel has grown considerably.11 The Firm’s trial counsel are all born and raised in Michigan and have established their careers as leaders of Michigan’s civil justice trial bar. It is this homegrown expertise which gives the Firm its strength and has allowed it to effectively try scores of complex cases before Michigan juries in State and Federal courts securing favorable verdicts for the Firm’s clients. The Firm has in the past expended over a million dollars in cost in a single case demonstrating that it has the ability and willingness to help finance expensive litigation of this type. Pitt McGehee has extensive experience in class action litigation and the Firm has successfully handled
11 A copy of the Mr. Pitt’s Résumé is attached as Exhibit 4. 12

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numerous civil rights class actions in state and federal court obtaining millions in recoveries. Additionally, the Firm handles its own appellate work and has substantial experience litigating appeals in Michigan.
Mr. Pitt’s extraordinary work has been recognized by his peers during his 43 years of work as a trial attorney including the Distinguished Service Award from the State Bar of Michigan, Labor and Employment Section, 2017; Champion of Justice Award from the State Bar of Michigan, 2015; Trial Lawyer of the Year from the Federal Bar Association, 2009; Trial Lawyer of the Year from Public Justice Foundation, 2008; Trial Lawyer of the Year from the National Lawyers Guild, 2009; Leader in the Law Award from Michigan Lawyers Weekly, 2015; Best Lawyers of America every year from 1989 to 2017. Finally, Mr. Pitt served as the President of the Michigan Association for Justice (MTLA) from 2004-2005.
Mr. Pitt is part of the Flint Water Class Action Legal Team Legal team, a powerhouse of experienced civil litigators. The Pitt firm has committed four partners to the team including, in addition to Mr. Pitt, Cary McGehee, Beth Rivers, and Peggy Goldberg Pitt. The internationally recognized Class Action/Mass Tort firm of Weitz & Luxenberg of NYC has committed extensive resources to this matter including attorneys John Broaddus and Robin Greenwald of NYC, former Assistant Attorney General in the Environmental Section of the U.S. Department of Justice, Paul Novak, a former Michigan Assistant Attorney General who has led
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several class actions, and Greg Stamatopoulos of Detroit. Additional members of the Flint Water Class Action Legal Team include: William Goodman and Julie Hurwitz of Goodman & Hurwitz, Detroit are experienced trial litigators; Deborah LaBelle of the Law Firm of Deborah LaBelle, Ann Arbor has handled multiple class actions and is responsible for two multi-party trials on behalf of women sexually abused in prison resulting in verdicts of more than $50 million and reaching a historic $100 million settlement with the State of Michigan; Brian McKeen of Brian McKeen and Associates, Detroit is recognized nationwide as an expert in medical malpractice and causation; Trachelle Young of Flint is recognized in the Flint community as a fierce trial advocate and has been an activist from the very beginning of the Water Crisis; Cynthia Lindsey of Detroit has for decades litigated cases in courts around the state of Michigan; Teresa Bingman of Okemos has worked in government positions including the Granholm Administration and adds this unique knowledge on the operation of state government; and Shermane Sealy of Farmington Hills is an experienced trial attorney.
The victims of the Flint Water Crisis deserve class counsel with the knowledge and experience to protect their interests; Mr. Leopold and Mr. Pitt, along with the exceptional attorneys they lead, are well-qualified to do just that.
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B. Proposed Co-Lead Class Counsel Have the Resources Necessary to Pursue This Case in an Efficient but Tenacious Manner. As with any complex class action, the issues in these cases will require
substantial expert analysis, and discovery is likely to entail millions of documents and scores of depositions over the course of years. Counsel chosen to prosecute the plaintiff class’s claims must be able to dedicate significant resources to the case. See Fed. R. Civ. P. 23(g)(1)(A)(iv); Manual § 10.224.
Proposed Co-Lead Counsel have the necessary roster of talented attorneys and capable professional staff, and the monetary resources, to advance the class’s interests efficiently and aggressively and to pursue all necessary avenues of discovery. This case will likely require counsel to expend millions of dollars in expenses and attorney time in organizing and preparing such a complex and farreaching case for trial. Given the extensive resources required to litigate a complex case such as this, and to maximize the proposed class’s chances of success, it is imperative that counsel with substantial resources be appointed.
No other counsel possesses the resources or depth of expertise available to Proposed Co-Lead Counsel. This case alleges misconduct on the part two large engineering firms, one with international reach as well as numerous governmental agencies and employees. To ensure that the class’s interests are sufficiently protected, it is critical that firms with significant resources be placed at the helm of
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this litigation.12 Together, the two Proposed Co-Lead Counsel comprise a leadership structure equal to the challenges the plaintiffs will face in this litigation, while ensuring that the actions progress in the most efficient manner. C. Courts Favor Private Ordering in Selecting Class Counsel.
Nearly every attorney to file a class action, as well as several prominent attorneys and organizations, support the appointment of Mr. Leopold and Mr. Pitt as Co-Lead Counsel for the class. The Manual for Complex Litigation provides that, efforts of plaintiffs’ counsel to coordinate activities between themselves should be “encouraged.” Manual § 10.22. Likewise, the Manual explains that “private ordering”—or the process in which plaintiffs’ attorneys agree on a leadership structure privately—is “[b]y far the most common” method by which leadership is determined in class actions. Id. at § 21.272.
Private ordering serves the Class’s interests for two important reasons. First, where all or nearly all class counsel agree to support a certain leadership structure it is more likely that those same supporting attorneys will gladly work on the case under that leadership structure. Second, the mere fact that proposed co-lead counsel were able to amass a coalition of support suggests that they will ably coordinate with various parties in the case. Mr. Leopold and Mr. Pitt are the only
12 See, e.g., Parkinson v. Hyundai Motor Am., No. CV06-345AHS(MLGX), 2006 WL 2289801, at *3 (C.D. Cal. Aug. 7, 2006) (appointing interim class counsel that had “more experience and greater resources to commit to representing any class that may be certified.”).
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proposed class counsel with a broad base of support—a factor that weighs heavily in their favor in determining class leadership. D. Proposed Co-Lead Class Counsel’s Investigation Greatly Inures to the
Class’s Benefit. The first factor under Rule 23(g)(1)(A) focuses on the work that counsel has done to advance the litigation. This factor strongly favors the appointment of Proposed Co-Lead Class Counsel who have already performed extensive work in identifying and investigating the claims as well as researching the applicable law. Indeed, Mr. Pitt and his coalition of attorneys have been on the ground in Flint since November 2015 when he filed the first case and class action arising out of the Flint Water Crisis. Mr. Pitt has been tireless in his effort to protect the class’s interests, simultaneously pursuing relief in state court, federal court, the Michigan Court of Claims, and a federal torts claims act claim against the EPA representing 1,700 Flint water consumers. Mr. Pitt represents the only Plaintiff group to file an administrative claim under the Federal Tort Claims Act against the Environmental Protection Agency—and—the only Plaintiff group that organized, wrote and filed an amicus brief in the Sixth Circuit regarding the dismissal of the Eastern District of Michigan’s Boler class action on jurisdictional grounds. Perhaps most importantly, Mr. Pitt’s extensive research and investigation into the applicability of sovereign immunity to the governmental actors recently bore fruit in the form of a favorable opinion from the Michigan Court of Claims denying in
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part the State Defendants Motion to Dismiss and allowing the substance of the Flint Water Class Action Legal Team claims to proceed.
Likewise, Mr. Leopold has been at the forefront of the investigation into the professional engineering companies’ misconduct. Mr. Leopold’s Gilcreast and Davenport Complaints aptly demonstrates the extent of his work to date: no other complaint on file contains the level of detail demonstrated by these filings. Additionally, Mr. Leopold has hired engineering and scientific experts to analyze the engineering companies’ conduct. Indeed, so extensive was Mr. Leopold’s prefiling investigation that has served as a template for several follow-on filings.
Finally, Proposed Co-Lead Class Counsel have retained eminent medical and scientific experts regarding lead poisoning and other bacterial and toxic exposures to assist them with the medical and scientific issues in this litigation. Proposed Co-Lead Class Counsel have access to and will retain, as needed, experts in neuropsychiatry, property damage, water chemistry, exposure assessment, toxicology, economics, vocational assessment, and any other areas of expertise which are needed. E. The Proposed Leadership Structure Enjoys Substantial Class Support.
Proposed Co-Lead Class Counsel have substantial support among class members. Specifically, Mr. Leopold has partnered with the Flint Chapter of the NAACP and counsel for the Mexican Consulate to ensure that these organizations’
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clients have ready access to Class Counsel. Likewise, under Mr. Pitt’s leadership, his coalition of attorneys have obtained thousands of signed retainers from the more than 7,000 Flint residents. Moreover, counsel representing hundreds of landlords have similarly indicated their support for Proposed Co-Lead Counsel. This broad base of support will ensure that every member of the class has quick access to counsel. IV. Proposed Co-Lead Class Counsel Request that the Court Appoint an
Executive Committee. When the Flint Water Crisis came to light, many of Michigan’s and this Country’s best and brightest attorneys showed up to help make Flint’s residents whole. Given the complexities of this case and the substantial expertise provided by these attorneys, Plaintiffs request that the Court appoint an Executive Committee whose membership will be named by Co-Lead Class Counsel. 13 V. Proposed Co-Lead Class Counsel Request that the Court Appoint Counsel to Serve as Liaison Counsel to the Individual Actions. Plaintiffs also believe it would be productive to appoint counsel charged with coordinating the individual suits pending in federal court. Plaintiffs propose that the Court appoint Corey Stern of Levy Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC to this coordinating role as they have played a leading
13 This proposed leadership group supports appointment of a very experienced and talented team of individuals to comprise a well-rounded Executive Committee including such notable class action, mass tort, and environmental litigators as Stephen Morrissey, Peretz Bronstein, Paul Novak, and Esther Berezofsky.
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role in organizing, prosecuting, and coordinating the individual actions to date and each represent hundreds of plaintiffs in this litigation.
Corey Stern of Levy Konigsberg: Corey M. Stern is a Partner at Levy Konigsberg (“LK”), a firm with 25 attorneys and offices in New York, New Jersey and Georgia.14 The firm is recognized nationally for handling complex cases, including those involving children that have suffered permanent brain damage from lead poisoning. With over 30 years of experience in litigating lead poisoning cases, LK has achieved landmark verdicts and legal rulings and pioneered liability theories and damages models now accepted by courts throughout the country. Mr. Stern manages LK’s lead poisoning practice and personally represents thousands of children in various states across the country.
Mr. Stern, who is licensed in Michigan, among other states, has regularly traveled to Flint, Michigan during the past two years, getting to know his clients to better understand their struggles and damages they have sustained, speaking and educating the public at community events, and advocating on behalf of the more than two thousand children who were poisoned as a result of the Flint Water Crisis and who are represented by Mr. Stern and his firm. From the beginning, Mr. Stern has led LK’s efforts in Flint, MI including the
14 A copy of the Levy Konigsberg Résumé is attached as Exhibit 5. 20

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firm’s commitment to filing individual cases on behalf of lead poisoned children in light of the significant damages suffered by each child.
On November 15, 2016, Mr. Stern was appointed by the Honorable Richard Yuille as “Lead Counsel” for all plaintiffs maintaining claims in the Circuit Court of Genesee County for personal injuries and property damage sustained as a result of the Flint Water Crisis. Since that time, Mr. Stern has coordinated the state court litigation on behalf of individual plaintiffs and their counsel, as well as proposed putative class representatives and their counsel. Mr. Stern has been the primary conduit between plaintiffs and defense counsel, and has served as the principal channel between the individual plaintiffs and the Court.
As Lead Counsel for plaintiffs in Genesee County, Mr. Stern has developed meaningful relationships with lawyers for the plaintiffs, as well as sustainable, productive, respectful and healthy working relationships with counsel for the defendants. Mr. Stern’s approach to coordinating the litigation in state court has centered on inclusion, transparency, candor, efficiency and pragmatism, which he hopes to continue in the federal court litigation.
Hunter Shkolnik of Napoli Shkolnik: Hunter J. Shkolnik is a founding Partner at Napoli Shkolnik PLLC15 (NS), a law firm with over 200 employees, 55 lawyers, and offices in New York, New Jersey, Pennsylvania, Illinois, California,
15 A copy of the Napoli Shkolnik Résumé is attached as Exhibit 6. 21

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 32 of 36 Pg ID 6570
Delaware, Texas, and Florida. The firm is recognized nationally for handling complex product liability, and other significant class action and mass tort actions and possesses ample resources in terms of personnel and funding with which to prosecute this case in a timely and efficient manner.
NS is heavily involved in litigations requiring client representation all over the country for drug, product and other toxic exposures; as well as consumer class actions. Mr. Shkolnik has presented and published extensively in such areas as class actions, ethics in class actions, toxic tort, trial practice, drug and medical device litigation, medical malpractice, automobile, substantial truck product liability, expert witness preparation, and Daubert hearings.
Mr. Shkolnik has had the privilege of serving as court-appointed Co-Lead Counsel and as a member of the Plaintiffs’ Steering Committee in many complex multidistrict proceedings in the United States which are summarized in the attached Napoli Shkolnik Resume. From these experiences, he has learned how important it is to have strong leadership, supported by a diverse steering committee, with highly skilled lawyers with the knowledge and skill set to address the demands presented in massive litigations like the present action. It would be his privilege to apply his experience to the plaintiffs’ benefit here, and, if appointed, Mr. Shkolnik will commit his time and resources along with those of his law firm.
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Mr. Shkolnik has been appointed by state and federal courts throughout the country to serve as lead counsel, liaison counsel, and/or a member of the plaintiffs’ steering committee in class actions and mass-torts including in more than 8 highprofile MDLs. He has also been appointed to MDL trial teams, MDL negotiating teams, and participated in negotiating over $2 billion in MDL-related settlements. Finally, he has also been appointed to a variety of MDL Federal and MDL State Coordination Committees. These appointments and opportunities have provided him with the knowledge and ability to be an effective Liaison Counsel here.
Mr. Shkolnik has a proven track record of working well with others in the many class and mass tort actions where he has been appointed to leadership positions. In all these positions, Mr. Shkolnik has succeeded in maintaining the highest standards of decorum, cooperation, and collegiality among plaintiff and defense counsels alike. His skill, experience, and resources render him a superb candidate to lead the effort to coordinate the individual actions.
CONCLUSION For the foregoing reasons, Plaintiffs respectfully request the Court issue an order consolidating the pending class actions, appointing Theodore Leopold and Michael Pitt of Pitt McGehee Palmer & Rivers PC as Interim Co-Lead Class Counsel, and appointing Corey Stern of Levy Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC as liaison counsel for the individual cases.
23

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 34 of 36 Pg ID 6572

Dated: June 9, 2017
/s/ Theodore J. Leopold Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLL PLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone tleopold@cohenmilstein.com /s/ Emmy L. Levens Kit A. Pierson Joseph M. Sellers Emmy L. Levens Jessica Weiner COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone kpierson@cohenmilstein.com jsellers@cohenmilstein.com elevens@cohenmilstein.com jweiner@cohenmilstein.com Hunter J. Shkolnik Paul J. Napoli Patrick J. Lanciotti Napoli Shkolnik, PLLC 360 Lexington Avenue 11th Floor New York, NY 10017 (212) 397-1000 Telephone hshkolnik@napoli.com pnapoli@napoli.com planciotti@napoli.com Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone vbhatia@susmangodfrey.com sraymond@susmangodfrey.com Stephen Morrissey Jordan Connors SUSMAN GODFREY, L.L.P.

Respectfully submitted,
/s/ Michael L. Pitt Michael L. Pitt Cary S. McGehee Pitt McGehee Palmer & Rivers, P.C. 117 West 4th Street Suite 200 Royal Oak, MI 48067 (248) 398-9800 Telephone mpitt@pittlawpc.com cmcgehee@pittlawpc.com Corey M. Stern (P80794) Anna Kull Daniel B. Weiss LEVY KONIGSBERG, LLP 800 Third Avenue, 11th Floor New York, New York 10022 (212) 605-6298 Telephone cstern@levylaw.com akull@levylaw.com dweiss@levylaw.com William Goodman (P14173) Julie H. Hurwitz (P34720) Kathryn Bruner James (P71374) Goodman & Hurwitz PC 1394 E. Jefferson Ave Detroit MI 48207 (313) 567-6170 bgoodman@goodmanhurwitz.com jhurwitz@goodmanhurwitz.com Paul Novak (P39524) Diana Gjonaj (P74637) Gregory Stamatopoulos (P74199) Weitz & Luxenberg, P.C. 719 Griswold Street Suite 620 Detroit, MI 48226 pnovak@weitzlux.com dgjonaj@weitzlux.com gstamatopoulos@weitzlux.com Robin L. Greenwald Weitz & Luxenberg, P.C. 700 Broadway New York, NY 10003 (212) 558-5500 rgreenwald@weitzlux.com
24

5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 35 of 36 Pg ID 6573

1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey.com jconnors@susmangodfrey.com

Peretz Bronstein

Shimon Yiftach

BRONSTEIN, GEWIRTZ

60&EGasRt O42SnSd MStAreNet,,

LLC Suite

4600

New York, NY 10165

(212) 697-6484 Telephone

peretz@bgandg.com

shimony@bgandg.com

Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org

Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310) 789-3100 Telephone khoek@susmangodfrey.com

Esther E. Berezofsky WILLIAMS CUKER BEREZOFSKY 1515 Market Street Suite 1300 Philadelphia, PA 19102 (215) 557-0099 Telephone eberezofsky@wcblegal.com

Deborah A. LaBelle (P31595) Law Offices of Deborah A. LaBelle 221 N. Main St Ste 300 Ann Arbor MI 48104 (734) 996-5620 deblabelle@aol.com Trachelle C. Young (P63330) Trachelle C. Young & Assoc. PLLC 2501 N. Saginaw St Flint MI 485054443 (810) 239-6302 trachelleyoung@gmail.com Brian McKeen P34123 Salvatore Amodeo P80290 McKEEN & ASSOCIATES, PC 645 Griswold Street, Suite 4200 Detroit, Michigan 48226 Telephone: (313) 961-4400 BjMcKeen@mckeenassociates.com Samodeo@mckeenassociates.com Neal H. Weinfield The Dedendum Group (312) 613-0800 nhw@dedendumgroup.com Cirilo Martinez (P65074) Law Office of Cirilo Martinez, PLLC 3010 Lovers Lane Kalamazoo, MI 49001 (269) 342-1112 Telephone martinez_cirilo@hotmail.com Andrew P. Abood (P43366) ABOOD LAW FIRM 246 East Saginaw Street, Suite One East Lansing, Michigan 48823 (517) 332-5900 Telephone andrew@aboodlaw.com

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5:16-cv-10444-JEL-MKM Doc # 136 Filed 06/09/17 Pg 36 of 36 Pg ID 6574

CERTIFICATE OF SERVICE
I hereby certify that on June 9, 2017, I filed the forgoing Joint Motion for Consolidation of the Class Actions, Appointment of Interim Co-Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions and Memorandum of Law in Support with the Clerk of Court using the ECF system which will send notice of such filing to all parties of record.

Dated: June 9, 2017

/s/ Emmy L. Levens Emmy L. Levens
COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facsimile elevens@cohenmilstein.com

 
 5:16-cv-10444-JEL-MKM Doc # 173 Filed 07/27/17 Pg 1 of 5 Pg ID 8072

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases

Judith E. Levy United States District Judge

________________________________/

ORDER GRANTING IN PART THE WAID MOTION FOR CONSOLIDATION OF THE CLASS ACTIONS, APPOINTMENT OF INTERIM CO-LEAD CLASS COUNSEL, AND APPOINTMENT
OF LIAISON COUNSEL FOR THE INDIVIDUAL ACTIONS [CASE NO. 16-cv-10444, DKT. 136], DENYING THE GUERTIN MOTION TO CONSOLIDATE CASES [CASE NO. 16-cv-12412, DKT. 165], HOLDING IN ABEYANCE BRIEFING IN ALL NONCLASS ACTION FLINT WATER CASES, AND SETTING DATES

On July 26, 2017, the Court held a status conference regarding all

pending Flint Water litigation before the Court.

A. Motions to Consolidate

At that hearing, the Court discussed pending motions to consolidate in Waid v. Snyder, Case No. 16-cv-10444, Dkt. 136, and Guertin v. State of Michigan, Case No. 16-cv-12412, Dkt. 165. For the reasons set forth on the record, the Waid motion is granted in part, and the Guertin motion is denied.
The Waid motion is granted as to Case Nos. 16-cv-10444, 16-cv-

10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16-cv-14498, 17-cv-

5:16-cv-10444-JEL-MKM Doc # 173 Filed 07/27/17 Pg 2 of 5 Pg ID 8073
10343, 17-cv-10360, and 17-cv-10799. The motion is held in abeyance regarding Case No. 17-cv-10996, in which a motion to remand to Michigan state court is pending. Once that motion to remand is decided, and if the Court retains jurisdiction over that case, an order will be issued consolidating that case with Case No. 16-cv-10444.
Newly-appointed interim co-lead counsel are ordered to file a master class action complaint in Case No. 16-cv-10444 on or before September 29, 2017. Defendants are ordered to file answers or responsive motions on or before December 1, 2017.
Pursuant to the grant of the motion to consolidate, Theodore Leopold of Cohen Milstein Sellers & Toll PLLC and Michael Pitt of Pitt McGehee Palmer & Rivers PC, are appointed interim co-lead counsel for the combined class, Corey Stern of Levey Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC are appointed as liaison counsel for all individual personal injury and property damage cases pending before the Court. Further, the Court orders the creation of an Executive Committee for the combined class action, whose membership will be recommended to the Court by interim co-lead counsel no later than September 29, 2017.
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The above-named counsel will meet and confer with other plaintiffs’ counsel and defense counsel regarding the specific duties of the co-lead counsel and liaison counsel so that a proposed statement of duties for these positions can be filed with the Court by September 29, 2017. Also by this same date, co-lead counsel will confer with all named defendants and file either a joint statement regarding agreed-upon preliminary discovery or separate statements addressing whether preliminary discovery is appropriate at this juncture in the combined class action, and statements regarding the appointment of a Special Master under Fed. R. Civ. P. 53 in Case No. 16-cv-10444.
B. Motion for Master Individual Complaint Liaison counsel informed the Court during the status conference that they wish to file a motion permitting the filing of a master complaint in all individual personal injury and property damage cases pending in this Court. Liaison counsel are directed to file a motion to permit the filing of the master complaint in all individual cases within ten days of this order. The motion should be filed in Case No. 17-cv10164, the earliest-filed active individual Flint Water case in which the liaison counsel have appeared.
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Defendants are ordered to respond within fourteen days of the filing of the motion. All other plaintiffs’ counsel in individual personal injury and property damage cases may also file responses to the motion within fourteen days. All dispositive motion briefing in all individual cases is held in abeyance pending a determination of the motion to file a master complaint.
C. Master Case Number The Court will not establish a master case number at this time because all of the pending Flint Water cases are not consolidated. D. Order of Consolidation For the reasons set forth above, it is hereby ordered that: Case Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799 are consolidated with Case No. 16-cv-10444 for all purposes, including trial; All subsequent papers filed after the date of this order regarding those cases shall be entered in Case No. 16-cv-10444; and Case Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799 are closed in light of the consolidation order.
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It is further ordered that all pending dispositive motions in Case

No. 16-cv-10444 (Dkts. 122, 124, 125, 131, 132, 135) are denied without

prejudice.

IT IS SO ORDERED.

Dated: July 27, 2017 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 27, 2017.

s/Shawna Burns SHAWNA BURNS Case Manager

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 5:16-cv-10444-JEL-MKM Doc # 214 Filed 09/29/17 Pg 1 of 156 Pg ID 8494
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases

Case No.: 5:16-cv-10444-JEL-MKM Hon. Judith E. Levy

CONSOLIDATED AMENDED CLASS COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF, MONEY DAMAGES, AND JURY DEMAND

5:16-cv-10444-JEL-MKM Doc # 214 Filed 09/29/17 Pg 2 of 156 Pg ID 8495
TABLE OF CONTENTS
INTRODUCTORY STATEMENT .................................................................................................1 SUMMARY OF THE ENGINEERING DEFENDANTS’ MISCONDUCT ..................................2 SUMMARY OF THE CONSTITUTIONAL AND CIVIL RIGHTS VIOLATIONS
AND INJURIES CAUSED BY THE GOVERNMENTAL DEFENDANTS.....................3 JURISDICTION AND VENUE ......................................................................................................5 PARTIES .........................................................................................................................................7
A. Plaintiffs ...................................................................................................................7 B. Engineering Defendants.........................................................................................17 C. Government Defendants ........................................................................................25 STATEMENT OF FACTS ............................................................................................................33 A. Dangers From the Flint River Water Have Been Well-Known for
Decades ..................................................................................................................33 B. Despite These Well-Known Dangers, Defendants Decided to Use Flint
River Water as the Primary Water Source for the City of Flint.............................36 C. The LAN Defendants Failed to Meet Their Duties of Care and
Competence as Design Engineers for the Flint Water Treatment Plant ................44 D. Numerous Signs of the Public Health Crisis Caused By the
Contaminated Water Were Evident Within Weeks of the Switch .........................50 E. The LAN and Veolia Defendants Were Asked to Evaluate the
Problems, But Failed to Do So Properly................................................................56 F. The LAN and Veolia Defendants Fail to Conduct a Root Cause
Analysis..................................................................................................................61 G. The LAN and Veolia Defendants’ Conclusions Made the Crisis Worse...............67 H. Despite the Numerous Signs of the Growing Crisis, the Government
Defendants Failed to Act, and Concealed Known Dangers From the Plaintiffs .................................................................................................................73
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5:16-cv-10444-JEL-MKM Doc # 214 Filed 09/29/17 Pg 3 of 156 Pg ID 8496 I. Defendants’ Misconduct Has Caused the Plaintiffs to Suffer Devastating Health Effects and Other Personal Injuries........................................92 J. Defendants’ Misconduct Has Also Caused the Plaintiffs to Suffer Extensive Property Damage and Monetary Losses. ..............................................97 K. Defendants’ Misconduct Has Resulted in Criminal Indictments and Other Government Investigations ........................................................................104 L. Efforts to Remediate the Harms Alleged Herein Are Inadequate........................107
CLASS ALLEGATIONS ............................................................................................................108 PRAYER FOR RELIEF ..............................................................................................................149 DEMAND FOR TRIAL BY JURY .............................................................................................150
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INTRODUCTORY STATEMENT 1. This class action is pursued on behalf of about 100,000 residents and other Flint water users—adults, children, workers, students, business owners, homeowners, multi-unit property owners, and all other victims of Defendants’ unconstitutional and unlawful conduct—who from April 25, 2014 to the present (the “Class Period”), have experienced and will continue to experience serious personal injury and property damage caused by Defendants’ deliberate, reckless, and negligent misconduct. Defendants caused a public health crisis by exposing Plaintiffs to contaminated water. Defendants also exacerbated the crisis by concealing and misrepresenting its scope, failing to take effective remedial action to eliminate it, and then lying about it to cover up their misconduct. 2. Two groups of Defendants are responsible for the severe harm suffered by the Plaintiffs. A group of engineering companies, including Lockwood, Andrews & Newnam, P.C. (“LAN PC”), Lockwood, Andrews & Newnam, Inc. (“LAN Inc.”), Leo A. Daly Company (“LAD”), Veolia North America, LLC (“Veolia LLC”), Veolia North America, Inc. (“Veolia Inc.”), and Veolia Water North America Operating Services, LLC (“Veolia Water”) are referred to collectively herein as the “Engineering Defendants.” A group of government officials and bodies, including Governor Rick Snyder, the State of Michigan, Daniel Wyant, Nick Lyon, Andy Dillon, Liane Shekter-Smith, Adam
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Rosenthal, Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Jeff Wright, Edward Kurtz, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow, Daugherty Johnson, and the City of Flint are collectively herein referred to as the “Government Defendants.”
SUMMARY OF THE ENGINEERING DEFENDANTS’ MISCONDUCT i. Professional and Common Law Negligence in Engineering
Services Related to Distribution of Water From Flint River: Plaintiffs have sustained serious injuries as a result of the Engineering Defendants’ professional negligence in their duties relating to the distribution of water from the Flint River using the Flint Water Treatment Plant (“FWTP”), and in failing to report the dangers associated with not installing proper anti-corrosive treatment when using the Flint River as a primary source of water.
ii. Professional and Common Law Negligence and Fraud in Declaring Flint Water Safe and Potable: Plaintiffs have sustained serious injuries as a result of the Engineering Defendants’ professional negligence in failing to properly evaluate Flint’s water system and in publicly declaring its water safe and potable. The Engineering Defendants failed to conduct a root cause analysis, which would have revealed that the pipes were corroding and causing lead, legionella, and other contaminates to enter residents’ homes. The Engineering Defendants also failed to mention that the addition of a corrosion inhibitor was
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necessary to prevent these serious and well-known health issues, and mandated the

usage of highly acidic ferric chloride, rather than advising that the pH of the water

should be increased. The Engineering Defendants also were professionally

negligent and committed fraud in their effort to cover up their mistakes by

knowingly or recklessly misinforming the public about the existence and extent of

the public health crisis.

SUMMARY OF THE CONSTITUTIONAL AND CIVIL RIGHTS VIOLATIONS AND INJURIES CAUSED BY THE GOVERNMENTAL
DEFENDANTS
iii. Due process based on state created danger doctrine: Plaintiffs

have sustained violations of their substantive due process rights, including their

fundamental right to not have the state create, inflict and/or exacerbate dangers

through the culpable actions of public officials;

iv.

Due process based on bodily integrity doctrine: Plaintiffs have

sustained violations of their substantive due process rights, including their

fundamental right to not have their bodily integrity violated;

v. Equal protection, race: Plaintiffs have sustained serious

injuries as a result of some of the Government Defendants’ decision to deliver a

superior water product to the water users in the remainder of Genesee County

because that community was predominately white, while at the same time

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delivering a grossly inferior water product to water users in Flint because that community was predominately African American;
vi. Equal protection, wealth: Plaintiffs have sustained serious injuries as a result of some of the Government Defendants’ decision to protect the health of the water users in the remainder of Genesee County because that community was predominately more affluent and at the same time disregard the health of water users in Flint because that community was predominately poor.
vii. Monell Claim: Plaintiffs have sustained violations of their fundamental substantive due process rights, including their right to bodily integrity, their right to be protected from state created danger, and their right to equal protection of the laws, all pursuant to the customs, policies, and/or practices of Defendant City of Flint;
viii. Violation of 42 U.S.C. § 1985(3): Plaintiffs have sustained serious injuries as a result of the conspiracy of two or more of the Government Defendants to directly or indirectly conspire to violate Plaintiffs’ constitutional rights, said conspiracy being based on invidious racial animus; and
ix. Violation of Elliot Larsen Civil Rights Act (“ELCRA”): Plaintiffs have sustained serious injuries as a result of their denial of the full and equal enjoyment of services provided by some of the Defendants because they were residents of a predominately African American community;
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3. Plaintiffs sustained personal injury, property damage, economic damage, and emotional injury as a result of Defendants’ conduct, as described herein, and set forth in more detail below.
JURISDICTION AND VENUE 4. This is a civil action brought pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief together with monetary damages against the Government Defendants for violations of the Thirteenth and Fourteenth Amendments of the United States Constitution, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. 5. The Court has jurisdiction pursuant to 28 U.S.C. § 1331, which authorizes federal courts to decide cases concerning federal questions; 28 U.S.C. § 1343(a)(3) and (4), which authorizes federal courts to hear civil rights cases; and 28 U.S.C. § 2201, the Declaratory Judgment Act and supplemental jurisdiction pursuant to 28 U.S.C. § 1367. 6. The Court also has diversity jurisdiction under 28 U.S.C. § 1332(d). The matter in controversy in this suit exceeds $5,000,000, exclusive of interest and costs. This is a class action in which at least one plaintiff is a citizen of the State of Michigan, and at least one defendant is a citizen of a different state—in particular, Defendant LAN, Inc. is a citizen of the State of Texas and Defendant Veolia is a citizen of the States of Delaware and Illinois.
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7. The Court has personal jurisdiction over the Engineering Defendants because each of them have personally availed themselves of the benefits and protections of the State of Michigan. Each of the Engineering Defendants conducted business and committed torts in Michigan, by themselves and their agents and/or alter egos, which caused Plaintiffs to suffer severe personal and property injuries in Michigan. As such, the Court has personal jurisdiction over the Engineering Defendants pursuant to MCL 600.705 and MCL 600.715.
8. The Court has personal jurisdiction over the Government Defendants named herein as public officials of the State of Michigan, including the Emergency Managers, sued in their individual capacities; and public officials and employees of the City of Flint, sued in their official and individual capacities; the Genesee County Drain Commissioner, sued in his official and individual capacity; and the City of Flint for its customs, policies, or practices which affirmatively caused and/or contributed to the violations of Plaintiffs’ Constitutional rights.
9. Similarly, this Court has personal jurisdiction over the Governor of the State of Michigan, in his individual and official capacity, and the State of Michigan for prospective relief.
10. Venue is proper in this Court because the original injury and damage occurred in the Eastern District of Michigan, Defendants reside or conduct business in the Eastern District of Michigan, Plaintiffs reside in the Eastern District
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of Michigan and/or own property located in the Eastern District of Michigan that was damaged, and many of the occurrences described herein occurred in the Eastern District of Michigan.
PARTIES A. Plaintiffs 11. Plaintiff Elnora Carthan is a 72 year old widow who lives alone at a home she owns in Flint, Michigan where she has lived since 1976. Throughout the Class Period, Ms. Carthan received water serviced from the City of Flint at her home. In April 2014, Ms. Carthan began to boil her water but also continued to cook with it and to wash and bathe with it. In August 2015, Virginia Polytechnic Institute and State University (“Virginia Tech”) tested her water for lead and other metals; that test revealed that the lead levels in her water vastly exceeded the maximum levels allowed under standards set forth by the federal Environmental Protection Agency (“EPA”), and were, in fact, extremely dangerous. 12. As a direct and proximate result of Defendants’ conduct, as set forth herein, Ms. Carthan has suffered property damage as well as a diminution in the value of her property. Additionally, as a direct and proximate cause of Defendants’ conduct, she experienced and continues to experience serious physical and emotional injury due to her exposure to toxic water, including but not limited to: skin lesions and dermatologic pathology; neurological disorders, including but
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not limited to constant exhaustion and memory loss; chronic and acute respiratory disorders including, but not limited to, chronic rhinitis; other significant medical injuries; and psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder, and an inability to cope with normal stress. Finally, as a direct and proximate result of Defendants’ actions, as set forth herein, Ms. Cathan has further experienced property damages, as well as a diminution in the value of her property.
13. Plaintiff Rhonda Kelso, individually and on behalf of her minor child, “K.E.K,” suffered the following injuries. Ms. Kelso is a 54 year old woman who suffers from several disabilities including the results of a stroke, spastic paraparesis, and bi-polar disorder. She owns her home located in Flint, Michigan. She and her family have lived in that home since 1993. As a result direct and proximate result of Defendants’ conduct, Ms. Keslo has suffered property damages including damages to her water pipes and a diminution in the value of her property. Ms. Keslo has also suffered extreme disruption, inconvenience, discomfort, and emotional distress. Ms. Kelso lives at the aforementioned home with her minor daughter K.E.K. who is 14 years old. K.E.K. is a special needs student in school and suffers from a number of disabilities including, but not limited to hearing impairment, cardiac problems, and developmental delays involving speech and language. Both Rhonda Kelso and K.E.K. drank the toxic water from April 2014
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until the autumn of 2014. They bathed, washed, and cooked with the water until at least January 2015.
14. Plaintiffs Darrell and Barbara Davis live in and own a home in Flint, Michigan. Plaintiffs Barbara and Darryl Davis have suffered from skin problems including rashes and other medical issues, as a direct and proximate cause of Defendants’ conduct as alleged herein. From 2014 through the present, Plaintiff Barbara Davis has been employed by Flint Community Schools, a school district headquartered in Flint, Michigan, and has worked in schools with high lead levels. As a direct and proximate result of Defendants’ conduct, while working at Holmes STEM Academy, located at 6602 Oxley Drive, Flint, Michigan and Eisenhower Elementary School, 1235 Pershing Street Flint, Michigan, two Flint Community Schools, Plaintiff Barbara Davis developed skin rashes from contact with contaminated water.
15. As a direct and proximate result of Defendants’ conduct, Plaintiff Barbara Davis has been forced to move out of her home in Flint on several occasions beginning in approximately August 2015 and ending in approximately April 2016. Thus, the family was separated with Plaintiff Darryl Davis remaining in Flint and his wife living in either Nevada or Louisiana. After having abated while away from her home, each time she returned to Flint, Ms. Davis’s skin
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rashes recurred. Plaintiffs Barbara and Darrell Davis also endured pain, suffering, and profound emotional distress as a result of the water contamination.
16. Finally, as a direct and proximate result of Defendants’ conduct, the Davises have sustained damage to their property, including, but not limited to, costs associated with remediating the water service lines and plumbing as well as in the diminution of the value of the property. The contamination of their water supply has unreasonably interfered with all aspects of daily living, quality of life, and the use and enjoyment of the property; as a result, Mr. and Mrs. Davis have incurred substantial expense in coping with the inconvenience and disruption to their lives, including, but not limited to, the cost of bottled water, transportation, and medical care.
17. Plaintiff Michael Snyder, son of John Snyder, was appointed Personal Representative of the Estate of John Snyder by a Genesee County Probate Court Judge on August 15, 2015. John Snyder died at the age of 83 on June 30, 2015 while at McLaren Hospital in Flint. Mr. Snyder was admitted to McLaren Hospital because of right shoulder swelling on June 16, 2015. He was discharged on June 25, 2015 to the home of his daughter Mary-Anne Tribble. Ms. Tribble’s home is located on Secluded Lane, Flint. Two days later, Mr. Snyder was transported by ambulance from his daughter’s home to the Linden, Michigan Caretel Inns for assisted living care.
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18. Mr. Snyder went to Caretel because his health was deteriorating. At approximately 3:45AM on June 30, 2015, Mr. Snyder was taken by ambulance from Caretel to the emergency room at McLaren in Flint because of acute respiratory failure “most likely secondary due to healthcare-associated pneumonia.” He passed away soon thereafter. McLaren Hospital records establish that Mr. Snyder had the legionella antigen in his urine. Mr. Snyder died because of pneumonia caused by exposure to legionella bacteria which he acquired through exposure to contaminated Flint River water flowing through Flint’s water supply.
19. Mr. Snyder is survived by daughter Mary-Anne Tribble (DOB: July 1951), son Michael Snyder (DOB: May 1950), son John Snyder (DOB: August 1952), and six grandchildren. Defendants’ deliberately indifferent wrongful conduct as alleged in this Complaint caused the death of Mr. Snyder. The Estate of John Snyder and his survivors seek compensation for lost earnings and other economic losses such as funeral expenses and uninsured medical expenses; pain and suffering of the decent prior to his death, mortification, loss of society and companionship, and other damages flowing from Mr. Snyder’s wrongful death.
20. Plaintiff Marilyn Bryson is a 58 year old woman who has lived at the same home in Flint, Michigan for 40 years. Mrs. Bryson’s home has lead plumbing. During the relevant time period, Mrs. Bryson used the toxic water in her home for purposes that included, but were not limited to, cooking and bathing.
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Mrs. Bryson took frequent baths during the relevant time period due to symptoms from menopause, and noticed a strong odor in her water that would change from time to time. At first, her water smelled like rotten eggs and then the smell changed to a strong bleach-like odor. Mrs. Bryson was admitted to the emergency room in July 2015 with vomiting and diarrhea that had lasted for several weeks. During this time, Mrs. Bryson lost more than 20 pounds. She was subsequently diagnosed with a urinary tract infection and testing revealed E. coli.
21. As a direct and proximate result of Defendants’ actions, as set forth herein, Mrs. Bryson has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to E. coli and urinary tract infections. Also as a direct and proximate result of Defendants’ actions, as set forth herein, Mrs. Bryson has suffered property damage, as well as a diminution in the value of her property.
22. Plaintiff David Munoz has lived in Flint, Michigan his entire life and has owned a home there for over 20 years. As a direct and proximate result of Defendants’ conduct, Mr. Munoz suffered personal and property damages as well as a diminution in the value of his property.
23. Plaintiff Tiantha Williams, individually and on behalf of her minor child, “T.W.,” suffered the following injuries. Ms. Williams, age 40, is the daughter of VanNessa Taylor, age 62 and the mother T.W., age 22 months. The
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Williams/Taylor family at all relevant times lived in a single-family home on West Genesee in Flint. Since April 25, 2014, the Williams/Taylor family continues to be exposed to highly dangerous conditions created by Defendants’ use of the Flint River as a water source, and Defendants’ continued failure to remediate these harmful and toxic conditions. From April 25, 2014 until approximately December 2015, members of the Williams/Taylor family, unaware of the toxic nature of the tap water supplied by Flint, regularly used the water for drinking, cooking, bathing/showering, and clothes washing. The Williams/Taylor family continued to consume, wash, bathe, and wash dishes and clothing in the water until December 2015, when the family became aware of the highly toxic and harmful nature of the supplied water. Prior to that time, the family trusted previous reports that the condition of the water was not an immediate health emergency. They also relied on statements about the safety of the water that were made in public forums.
24. It was not until December 2015, when the city of Flint declared a State of Emergency, that the Williams/Taylor family stopped drinking the water; however, Tiantha Williams and VanNessa Taylor have consistently bathed and showered in the water. T.W. was born on December 15, 2015, preterm, during the 28th week of gestation. Upon birth, he stopped breathing 3 times and was revived. Following his birth, T.W. remained in the hospital for 1 month and 2 weeks in the Hurley Medical Center Neonatal Intensive Care Unite (NICU), being sustained by
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a heart monitor and oxygen therapy. After giving birth to T.W. on December 15, 2015, Tiantha Williams was diagnosed with listeria-infected amniotic fluid.
25. As a direct and proximate result of Defendants’ actions, as set forth herein, Tiantha Williams has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to listeria-infected amniotic fluid; hair loss, skin rashes and other skin problems; sleeping disorders; and psychological disorders such as depression, chronic anxiety, post-traumatic stress disorder, and a difficulty coping with normal stress.
26. As a direct and proximate result of Defendants’ actions, as set forth herein, T.W. has experienced serious physical and emotional injury due to his exposure to the toxic water, including but not limited to premature birth at 28 weeks gestation; excessive crying and irritability; sleeping disorders; delayed physical development; and expressive language delay.
27. Plaintiff Amber Brown, on behalf of her minor child, “K.L.D.,” suffered the following injuries. Ms. Brown is a 33 year old woman residing in Flint, Michigan. Ms. Brown’s minor daughter, K.L.D., was born on November 28, 2014. During her pregnancy, Ms. Brown resided in Flint, Michigan, and used the tap water for drinking, cooking, and washing. As a direct and proximate result of Defendants’ conduct, K.L.D. has experienced serious physical injury due to her
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exposure to the toxic water, including, but not limited to, heightened levels of lead in her blood.
28. Plaintiffs Elnora Carthan, Rhonda Kelso, individually and on behalf of her minor child, K.E.K., Darrell and Barbara Davis, Michael Snyder, Marilyn Bryson, David Munoz, Tiantha Williams, individually and on behalf of her minor child, T.W., and Amber Brown, on behalf of her minor child, K.L.D., are referred to collectively herein as, “Individual Plaintiffs.”
29. Plaintiff Frances Gilcreast resides in Mt. Morris, Michigan. FG&S Investments, located at 4322 E. Mt. Morris Road, Mt. Morris, Michigan 48458, is a partnership owned and operated by Ms. Gilcreast and her husband, Aonie Gilcreast. Ms. Gilcreast, through FG&S Investments, owns multiple properties in Flint, Michigan that are serviced by water provided by the City of Flint. As a direct and proximate result of Defendants’ conduct described herein, Ms. Gilcreast has suffered property damage, lost rental and business income, and diminution in the value of her properties.
30. Plaintiff EPCO Sales, LLC (“EPCO”) is a domestic limited liability company located at 601 Kelso Street, Flint, Michigan 48506. EPCO is a family owned and operated company that engineers and makes architectural and functional hardware products for commercial and residential buildings, and has resided at its current location in Flint since 1965. EPCO provides services to the
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residents of Flint at all times relevant to this Complaint. Plaintiff EPCO received its water from the City of Flint and paid its water bill to the City in accordance with its contract. In exchange, EPCO received toxic and contaminated water not fit for human use and consumption. As a direct and proximate result of Defendants’ conduct described herein, EPCO has suffered property damage as well as a diminution in the value of its property.
31. Plaintiff Angelo’s Coney Island Palace Inc., (“Angelo’s Coney Island”) is a Michigan Corporation located at 1807 N. Franklin Avenue, Flint, Michigan 48506. Angelo’s Coney Island is a restaurant chain doing business in Flint, Michigan since 1949. Angelo’s Coney Island has been significantly injured in its business and property as a direct and proximate result of Defendants’ conduct, as set forth herein. Customer traffic at Angelo’s Coney Island and similarly situated restaurants dropped considerably once the issues with Flint’s water became known, leading to a substantial drop in revenue and profits thereby also impairing the value of the business. Additionally, Angelo’s Coney Island has suffered property damages.
32. Plaintiffs Frances Gilcreast, EPCO, and Angelo’s Coney Island are referred to collectively herein as, “Business Plaintiffs.” The Business Plaintiffs and Individual Plaintiffs are referred to collectively as, “Plaintiffs.”
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33. Plaintiff representatives have at all times relevant been residents of Flint, Michigan and citizens of the State of Michigan who have suffered personal injuries as a result of exposure to the City of Flint’s drinking water, and/or property owners who have had property located in Flint damaged from exposure to the City of Flint’s drinking water, and/or have suffered or continue to suffer economic harm caused by the City of Flint’s drinking water.
34. Plaintiff representatives bring this action on behalf of themselves and a Class of individuals and entities who were injured in their persons or their property after April 25, 2014.
35. Unless otherwise noted, the term “Plaintiffs,” as used in this Consolidated Amended Complaint, shall mean Plaintiffs and all members of the Class they purport to represent.
B. Engineering Defendants 36. Defendant LAN PC is a Michigan professional corporation with its principal place of business located at 1311 S. Linden Road, Suite B, Flint, Genesee County, Michigan 48532. In 2008, LAN PC was incorporated by LAN Inc., after it was retained to conduct studies and reports of a new water supply that was being developed for Flint, Genesee County. At this Flint location, LAN PC held itself out to the world as a LAD company. Upon information and belief, substantial
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amount of work and services provided by LAN PC were conducted at LAN Inc.’s Chicago, Illinois location.
37. Defendant LAN Inc. is a Texas corporation with its principal place of business in Houston, Texas. At all relevant times, LAN Inc. conducted business in Genesee County, Michigan through LAN PC. Per its website, LAN Inc.’s Michigan office is located at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. holds itself out as a full-service consulting firm offering planning, engineering, and program management services, including civil infrastructure engineering and municipal water treatment and design. At all relevant times, LAN Inc. held itself out to be a LAD company.
38. Defendant LAD is a Nebraska corporation with its principal place of business in Omaha, Nebraska. Per its website, LAD’s “[s]ervices are extended through [LAN Inc.].” LAD’s website advertises that it has “experience, creativity and technical experience . . . in every service we offer[,]” which includes “[p]lanning, architecture, engineering and interior design, and program management [] delivered by multidisciplinary teams hand-picked to provide the precise combination of expertise required for project success.” Additionally, LAD’s website indicates: “[a]s a multi-disciplinary firm, engineering is an integral part of our process from the beginning of each project. Our engineers work closely with planners, architects and interior designers . . . . Our in-house engineers also
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provide services for engineering projects independent of architectural design services.”
39. The corporate structure of LAD and LAN Inc. is such that LAD exerts nearly unfettered control over its subsidiary. The top executives between Defendants are identical—Leo A. Daly, III serves as Chairman and CEO of both LAD and LAN Inc., and Dennis W. Petersen is the President of both. Three of LAN Inc.’s seven directors are high ranking LAD executives, including Mr. Daly, Mr. Petersen, and James B. Brader, the CFO of LAD. While LAN Inc. does not appear to retain a CFO, LAD’s CFO is one of LAN Inc.’s seven board members. On information and belief, Mr. Brader serves as the de facto CFO of LAN Inc. and controls LAN Inc.’s finances. LAD and LAN Inc. share offices in Houston (LAN’s principal place of business), Los Angeles, and Miami. The relationship between these entities is exemplified by the footer on the bottom of the “Final Operational Report, Trihalomethane Formation Concern,” which lists the author as “LAN, Lockwood, Andrews & Newnam, Inc. A Leo A Daly Company.” Both this document and the LAN Inc. website, http://www.lan-inc.com/, include the logo:
Similarly, LAN’s Flint office boasts the following sign clearly describing it as, “A Leo A Daly Company”:
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40. Defendants LAN PC, LAN Inc., and LAD (collectively “LAN” or “LAN Defendants”) are defendants in this action based on their collective failure to properly place the Flint Water Treatment Plant into operation using the Flint River as a primary source, specifically neglecting to ensure the viability of the water source for use by the public; failing to insist upon and implement the necessary safeguards through the plant to allow the water to be safely consumed by the public; and failure to report the dangers associated with not installing proper anti-corrosive treatment when using the Flint River as a primary source of drinking water. The LAN Defendants worked in concert in negligently advising the government and thereby causing the damage alleged herein. In addition to the alter ego allegations above, the entities are referred to collectively because they acted in concert and their acts overlapped or were identical.
41. Defendant Veolia LLC is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
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42. Defendant Veolia Inc. is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
43. Defendant Veolia Water is a Delaware Limited Liability Company with its principal place of business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
44. Veolia LLC, Veolia Inc., and Veolia Water design and provide water solutions for communities and industries across North America under the banner “Veolia North America.”
45. Non-party Veolia Environment S.A. is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia Environment S.A. provides its services through, and thus derives its revenues from, its four global divisions—water management, waste management, public transport, and energy services. The divisions provide its services across the globe, and in North America, those services are provided under the aforementioned moniker “Veolia North America.”
46. In or around 2005, Veolia Environment S.A. united these four global divisions under a single umbrella, and since then, has held out itself and all other Veolia entities to the world simply as one “Veolia.” Indeed, Veolia
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Environment S.A. adopted this simple “Veolia” branding across all of its businesses, which is evidenced on its website and press releases.
47. The four global divisions are composed of the subsidiaries and other businesses owned and otherwise controlled by Veolia Environment S.A.
48. Veolia Environment S.A. and its divisions also underwent a restructuring beginning around 2011. As described by Veolia Environment S.A. Chair and CEO Antoine Frerot, “[o]ur new organization is based on some simple principles—operating as an integrated company, establishing a single Veolia in each country, setting up regional management teams and strengthening corporate management functions.” Veolia 2013 Annual and Sustainability Report at 10. In other words, “[t]he new Veolia is one Veolia.” Id. at 14.
49. As a result, the corporate structure of Veolia Environment S.A., Veolia LLC, Veolia Inc., and Veolia Water (the latter three collectively, “Veolia” or “Veolia Defendants”) is such that Veolia Environment S.A. exerts nearly unfettered control over the entire Veolia empire. The Veolia Defendants hold themselves out to the world as a single entity, examples of which are numerous and readily observed in the public domain. For example, the Veolia website makes no effort to distinguish or advertise any distinct legal entities, instead grouping them together and collectively presenting themselves to the world as “Veolia.” When “Veolia” advertises the number of its employees and reports its annual revenue, it
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does so collectively. And Veolia markets itself as “Veolia, which is the world’s largest water services and technology company.”
50. In Flint, Michigan specifically, a February 10, 2015 joint press release stated:
The City of Flint has retained a team of urban water experts from Veolia North America to conduct an analysis of the city’s water system. Veolia, which is the world’s largest water services and technology company, will assess how Flint’s water is tested and distributed, including reviewing water treatment processes and operations, laboratory testing and analysis, and engineering reports that detail the city’s treatment and distribution systems. 51. And, in a February 2015 Veolia Water Quality Report, which forms part of the basis of Plaintiffs’ claims and has caused plaintiffs severe injuries, the Veolia Defendants refer to themselves simply as “Veolia.” 52. Upon information and belief, the Veolia Defendants are controlled by the same top executives and revenues are commingled and reported as one. As such, the Veolia Defendants disregard corporate formalities and do not adequately or separately capitalize each of their respective businesses. 53. The Veolia Defendants have abused the corporate form to avoid liability in this matter. Indeed, while it appears Veolia Water may have executed the subject contract with the City of Flint, the Veolia Defendants, together, as indistinguishable entities, performed services, and presented their conclusions as
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“Veolia.” At all times relevant, the Veolia Defendants have represented to the world that they are not distinct legal entities but rather one and the same.
54. The Veolia Defendants collectively maintain several offices in Michigan, including Westland, Livonia, and Grand Rapids, where they regularly conduct business.
55. The Veolia Defendants are parties to this action based upon providing professionally negligent engineering services in reviewing Flint’s water system and declaring the water safe to drink. The Veolia Defendants worked in concert in negligently advising the government and thereby causing the damage alleged herein. In addition to the alter ego allegations herein, the entities are referred to collectively because they acted in concert and their acts overlapped or were identical.
56. Additionally, both the Veolia and LAN Defendants are parties to this action because, among other reasons, they were professionally negligent in several ways: These defendants (1) failed to conduct a root cause analysis which would have revealed that the pipes were corroding and causing lead and legionella to enter the residents’ homes; (2) failed to recognize at least several red flags that should alert a prudent engineer to extensive corrosion problems and lead to implementation of effective protective measures; (3) failed to advise the City that they were out of compliance with the Safe Drinking Water Act’s Lead and Copper
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Rule; (4) failed to advise the City that the addition of a corrosion inhibitor was necessary to prevent lead poisoning and Legionnaires’ disease; and (5) advised the City to use or even increase the dosage of highly acidic ferric chloride, rather than advising that the pH of the water should be increased.
C. Government Defendants 57. All individual Defendants are sued in their individual and/or official capacities as indicated below. 58. Defendant Rick Snyder is the Governor of the State of Michigan (“Governor”) and is vested with executive power pursuant to Art. V, Section 1 of the Michigan Constitution. The Governor is responsible for the management of state government for the health and welfare of its citizens and residents and is sued by Plaintiffs and the Class in both his individual capacity for compensation for the Plaintiffs, insofar as his deliberate conduct constituted an abuse and/or misuse of his authority, and, in his official capacity, for prospective equitable relief to correct the harm caused and prolonged by state government and to prevent future injury. The Governor is sued in his individual capacity for the injuries he caused to Plaintiffs resulting from his deliberately indifferent deprivation of Plaintiffs’ constitutional and civil rights. 59. Defendant State of Michigan (“the State”) operates its Department of Environmental Quality (“MDEQ”), which is the state department primarily
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responsible for the environmental safety and health of Michigan citizens and residents. The State is sued for injunctive and/or prospective relief, because, acting through MDEQ and its employees, it caused the public health crisis at issue in this case, concealed the harm that it caused, and has exacerbated and prolonged the injuries to Plaintiffs by failing to effectively remediate the harm it caused and concealed.
60. Daniel Wyant (“Wyant”) was Director of MDEQ and is sued by Plaintiffs in his individual capacity because he participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm.
61. Andy Dillon (“Dillon) was Treasurer for the State of Michigan and is sued by Plaintiffs in his individual capacity because he, along with the Governor, Jeff Wright, Dayne Walling, and Edward Kurtz, caused harm to Plaintiffs when he participated in the development of an interim water delivery plan in June 2013 which favored the predominately white Genesee County water users and discriminated against the water users in Flint, a predominantly African American community.
62. Nick Lyon (“Lyon”) was Director of the Michigan Department of Health and Human Services (“MDHSS”) and is sued by Plaintiffs in his individual capacity because he participated in the decisions that deliberately created,
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increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
63. Liane Shekter-Smith (“Smith”) was Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, holding that position until October 19, 2015 when she was removed from her position. Smith is sued in her individual capacity because during her term as Chief of Drinking Water for MDEQ, she approved and participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm her department caused Plaintiffs.
64. Adam Rosenthal (“Rosenthal”) was a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. Rosenthal is sued in his individual capacity because, as Water Quality Analyst for MDEQ, he approved and participated in, the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
65. Stephen Busch (“Busch”) was District Supervisor assigned to the Lansing District Office of the MDEQ. Busch is sued in his individual capacity because, as District Office Supervisor of MDEQ, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
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66. Patrick Cook (“Cook”) was at all relevant times a Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. Cook is sued in his individual capacity because, as Water Treatment Specialist District of MDEQ, he approved of, and thereby participated in, the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
67. Michael Prysby (“Prysby”) was an Engineer assigned to District 11 (Genesee County) of the MDEQ. Prysby is sued in his individual capacity because, as Engineer assigned to District 11, he approved of, and thereby participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of harm his department caused Plaintiffs.
68. Bradley Wurfel (“Wurfel) was the Director of Communications for MDEQ. Wurfel is sued in his individual capacity because, as Director of Communications for MDEQ, he was responsible for the deliberately misleading and inaccurate communications that increased and prolonged the public health crisis at issue in this case and for making false statements and providing false assurances which caused harm to Plaintiffs.
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69. Jeff Wright (“Wright”) has been the Genesee County Drain Commissioner since 2001. Wright is sued in his individual capacity because, as the Genesee Country Drain Commissioner, he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
70. Edward Kurtz (“Kurtz”) was the Emergency Manager of Flint appointed by the Governor in August 2012 and served in this capacity until July 2013. Kurtz is sued in his individual capacity because, during his term as Emergency Manager of Flint, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Kurtz is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in or aided and/or abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
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71. Darnell Earley (“Earley”) was the Emergency Manager of the City of Flint appointed by the Governor on November 1, 2013 and served in this capacity until January 12, 2015. Earley is sued in his individual capacity because, during his term as Emergency Manager of Flint, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Earley is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
72. Gerald Ambrose (“Ambrose”) was the Emergency Manager of the City of Flint appointed by the Governor on January 13, 2015 and served in this capacity until April 28, 2015. Ambrose is sued in his individual capacity because, during his term as Emergency Manager of Flint, he deliberately increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Ambrose is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under
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the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
73. Dayne Walling (“Walling”) was Mayor of Flint from August 4, 2009 until November 9, 2015 when he was unseated by Karen Weaver. Walling is sued in both his individual and official capacities. He is individually liable insofar as he personally approved of, and thereby participated in, the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Walling is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution. Additionally, as Mayor, he was a policymaker for the Defendant City of Flint and as such his actions constituted customs, policies, and/or practices of the Defendant City of Flint, within the meaning of Monell.
74. Howard Croft (“Croft”) was Director of Public Works for the City of Flint. Croft is sued in his individual capacity because, as Director of Public Works, he approved of, and thereby participated in, the decisions that deliberately created,
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increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs.
75. Michael Glasgow (“Glasgow”) was Utilities Administrator for the City of Flint. Glasgow is sued in his individual capacity because as Utilities Administrator, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs.
76. Daugherty Johnson (“Johnson”) was the Utilities Administrator for the City of Flint. Johnson is sued in his individual capacity because, as Utilities Administrator, he approved of, and thereby participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs.
77. The City of Flint (“Flint”) is a municipal corporation, so authorized by the laws of the State of Michigan that operates Department of Public Works and provides water to its residents and property owners as part of its responsibilities and services. Flint is a Defendant because, despite the protests of a number of elected and appointed officials within the organization, the municipal corporation itself, through its policies, customs, and practices deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm it caused Plaintiffs. Flint is also sued because it deprived
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Plaintiffs of their civil and constitutional rights by violating Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA.
78. Defendants Kurtz, Earley and Ambrose as Emergency Managers, acted in both their individual capacities and as agents of the State of Michigan, and their official capacities as policy makers for Defendant City of Flint and as such their actions constituted customs, policies, and/or practices of Defendant City of Flint, within the meaning of Monell.
79. At all relevant times hereto, the conduct of Defendants Walling, Croft, Glasgow, and Johnson was pursuant to the customs, policies, and/or practices of Defendant City of Flint.
STATEMENT OF FACTS 80. This case arises from the tragic and preventable poisoning of the City of Flint. The outrageous acts and omissions of the Defendants have caused immeasurable and irreparable harm to Plaintiffs. A. Dangers From the Flint River Water Have Been Well-Known for
Decades 81. On July 8, 1897, the City of Flint passed an ordinance requiring that all connections with any water mains shall be made with lead pipe. 82. The Flint Water Treatment Plant (“FWTP”) was constructed in 1917 to draw water from the Flint River as the source of Flint’s drinking water for nearly 50 years until 1964.
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83. As early as 1964, the U.S. Geological Survey noted high levels of
chloride in the Flint River. Due to the concerns regarding the adequacy of the Flint
River to provide safe drinking water, Flint evaluated alternatives for a new water
supply, and ultimately switched providers. From 1964 to 2014, Flint water users
received their water from Lake Huron via purchase from the Detroit Water and
Sewerage Department (“DWSD”). This water did not require treatment through
the FWTP.
84. During this half-century, Flint water users enjoyed safe, clean, fresh
water in their homes, businesses, hospitals, and other places of public services.
85. However, since approximately the 1990s, Flint and other local
governmental entities had growing concerns over the cost of the DWSD water
supply. Amidst these growing concerns, Flint and the other local governmental
entities commissioned studies for alternative water supplies:
a. A 2001 report by the Department of Natural Resources noted that certain businesses along the Flint River had permits to discharge runoff from industrial and mining activities as well as petroleum and gasoline cleanups.
b. In 2004, a technical assessment of the Flint River raised concerns about using the river as a source of drinking water. One of the key points from the technical assessment, entitled “Source Water Assessment Report for the City of Flint Water Supply—Flint River Emergency Intake,” prepared by the U.S. Geological Survey, the MDEQ, and the Flint Water Utilities Department, was that the Flint River was a highly sensitive drinking water source that was susceptible to contamination.
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c. In 2006 and 2009, Flint and the local governmental entities completed additional studies for alternative water supplies. The 2009 study, prepared by the LAN Defendants and others, evaluated two alternatives for water supply—continue to purchase from DWSD, or construct a new pipeline (later known as the Karegnondi Water Authority (“KWA”) pipeline) from Lake Huron.
d. In 2011, Flint officials commissioned a study to determine if the Flint River could be safely used by the city as the primary source of drinking water. The “Analysis of the Flint River as a Permanent Supply for the City of Flint, July 2011” (“2011 Report”), prepared by Rowe Engineering and the LAN Defendants, cautioned against the use of the Flint River water and the dormant FWTP. The report concluded that “water from the river can be treated to meet current regulations; however, additional treatment will be required than for Lake Huron Water . . . . Although water from the river can be treated to meet regulatory requirements, aesthetics of the finished water will be different than that from Lake Huron.” The study further concluded that such treatments to Flint River water could be done if improvements were made to the FWTP. However, if used as a water supply, the study noted that “a source water protection management plan should be developed to . . . identify potential sources of contamination . . . .”
e. The LAN Defendants also prepared an additional analysis, attached to the 2011 Report as an appendix, which detailed over $69 million in improvements that would have to be made to ring the FWTP up to current standards. This additional analysis specifically projected costs for corrosion control chemicals that would be required to ensure the safety of water to be drawn from the Flint River.
86. Use of the Flint River as a primary drinking source was rejected in
2011.
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B. Despite These Well-Known Dangers, Defendants Decided to Use Flint River Water as the Primary Water Source for the City of Flint
87. In August 2012, the Governor appointed Edward Kurtz as Flint’s Emergency Manager.
88. In November of 2012, Kurtz wrote to State of Michigan Treasurer Andy Dillon suggesting that Flint join the yet to be formed KWA due to projected cost savings over DWSD. This was pursuant to the Emergency Manager’s mandate to cut costs, and consistent with political pressure from Genesee County Drain Commissioner Jeffrey Wright, who had encouraged the formation of the KWA in 2009.
89. Throughout 2012, DWSD presented to Kurtz, Wright, Dillon, Walling, and the Governor compelling arguments, based on numerous studies, demonstrating that from a cost and water reliability standpoint, Flint should reject Wright’s pressure to join KWA and continue to receive water from DWSD. Most of the discourse about Flint joining KWA or continuing with DWSD included Wright who consistently raised arguments designed to persuade Kurtz, Dillon, and the Governor that the DWSD cost studies were wrong.
90. In late 2012, Dillon, reacting to Wright’s contention that the DWSD cost studies were wrong, requested the independent engineering firm of Tucker, Young, Jackson and Tull (“TYJT”) to assess whether it would be cost-
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effective for Flint to switch from water supplied by DWSD and join the KWA water delivery system. In February 2013, TYJT concluded that it would be more cost-effective for Flint on both a short term and long term basis to continue to be supplied with water from DWSD. In an email from Treasurer Dillon to Governor Snyder dated March 17, 2013, Dillon noted that the KWA representatives were misrepresenting the benefits of the deal and that the “(r)eport that I got is that Flint should stay w DWSD.”
91. Likewise, on March 26, 2013, Busch sent an email to Wyant, copying Shekter-Smith, discussing the risks associated with using the Flint River as a drinking water source for the City of Flint. Indeed, Busch stated that the use of Flint River water would pose increased health risks to the public, including a microbial risk, an increased risk of disinfection by-product [trihalomethanes often referred to as “Total Trihalomethanes” or “TTHM”] exposure, the triggering of additional regulatory requirements, and significant upgrades to the Flint Water Treatment Plant.
92. On March 27, 2013, MDEQ officials, sensing that Kurtz, Wright, Walling, and Dillon (in spite of his earlier email suggesting that Flint should “stay w DWSD”) were pushing the Governor to approve the KWA deal, acknowledged that the decision to switch the water source for Flint was not based on a scientific assessment of the suitability of the Flint River water. In
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the words of MDEQ Deputy Director Jim Sygo, “[a]s you might guess we are in a situation with Emergency Financial Managers so it’s entirely possible that they will be making decisions relative to cost.”
93. On March 28, 2013, in an email from Dillon to Governor Rick Snyder, with copies to numerous other Treasury officials and Wyant, Dillon recommended that he authorize KWA going forward, even though the independent firm he hired to perform a cost evaluation said staying with DWSD made the most economic sense. Dillon wrote the Governor, explaining that, “based upon today’s presentations to the DEQ by the City of Flint, KWA and the engineering firm (Tucker Young) Treasury hired to vet the options as to whether Flint should stay with DWSD or join KWA, I am recommending we support the City of Flint’s decision to join KWA. The City’s Emergency Manager, Mayor, and City Council all support this decision. Dan Wyant likewise concurs and will confirm via email.”
94. Governor Snyder was personally involved in the decisional process which led to the transition from DWSD to the KWA. Indeed, because both the City of Flint and the City of Detroit were under State of Michigan emergency management at the time, Snyder was briefed on reports from both Flint’s and Detroit’s emergency managers and issued directions to both managers as it related to the transition.
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95. On April 4, 2013, Governor Snyder’s Chief of Staff Dennis Muchmore emailed Governor Snyder and stated that “(a)s you know, the Flint people have requested Dillon’s ok to break away from the DWSD.” Snyder instructed Muchmore, Dillon, Detroit’s Emergency Manager Kevin Orr, DWSD personnel, and Flint Emergency Manager Ed Kurtz to require DWSD to submit an additional offer to continue as Flint’s water provider before allowing Dillon to authorize the transition away from DWSD.
96. Later in April, DWSD submitted a final proposal to Flint’s Emergency Manager Ed Kurtz and the proposal, detailed background, and financial information were all forwarded to Governor Snyder by his Executive Director, Allison Scott, with an email stating “looks like they were following your instructions.”
97. Shortly thereafter, Brom Stiblitz, a Senior Policy Advisor in the Michigan Department of Treasury emailed Snyder’s Executive Director, Ms. Scott, and informed her that Flint’s Emergency Manager Kurtz and Detroit’s Emergency Manager Orr had spoken and that “Flint will not accept the last offer from DWSD.” Again, Ms. Scott forwarded the information to Governor Snyder in an email dated April 29, 2013 and stated “(l)ooks like they adhered to the plan.”
98. Governor Snyder, in what is now understood to be a non-fiscal decision, authorized Kurtz, through Department of Treasury officials, to enter into
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a contractual relationship with KWA for the purpose of supplying water to Flint beginning in mid-year 2016.
99. Governor Snyder participated in discussions between his appointed Emergency Manager of Flint, Mr. Kurtz, and his appointed Emergency Manager of Detroit, Kevin Orr. At the time the Governor authorized Kurtz to contractually bind Flint to the KWA project, the Governor and State officials knew that the Flint River would be used as an interim source and that the use of the interim source had the backing of Snyder, Andy Dillon, and MDEQ Director Wyant.
100. In June 2013, Dillon, Kurtz, Wright, and Walling developed an interim plan (“Interim Plan”) to use the Flint River water before KWA became operational. The Interim Plan would cover 2.5 years (April 25, 2014 until approximately October 2016).
101. Dillon, Kurtz, Wright, and Walling knew that in 2011 the Flint River was professionally evaluated and rejected as a drinking source and that upgrades for the FWTP would cost millions.
102. The Governor, in a timeline prepared by his office, confirmed that in June 2013, he knew that Flint River water would be used as an interim source of water.
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103. In May 2013, Emergency Manager Kurtz announced his resignation effective July 2013. The Governor reappointed Michael Brown as Flint’s Emergency Manager.
104. In September 2013, after Emergency Manager Brown resigned, Darnell Earley was appointed by the Governor as Flint’s Emergency Manager.
105. As Emergency Manager, Earley was, by his own admission, responsible for ensuring that the City of Flint was in compliance with state and federal laws regarding safe drinking water. In his testimony to the United States House Committee on Oversight and Government Reform on March 15, 2016, he stated “the [e]mergency [m]anager obviously is the person responsible for making sure that those things get done, and I’ve always accepted that.”
106. On March 14, 2014, Brian Larkin, then associate director of the Michigan Governor’s Office of Urban and Metropolitan Initiatives, foretold of the crisis in an email to several others in the governor’s office stating, “The expedited timeframe,” of switching Flint’s water sources, “is less than ideal and could lead to some big potential disasters down the road.”
107. Despite having been copied on an email alerting her to the potential dangers of switching Flint’s water source nearly a year earlier, on March 20, 2014 Shekter-Smith played an integral role in ensuring that the City of Flint received an Administrative Consent Order that (i) required Flint to
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make use of the Flint Water Treatment Plant, (ii) attempted to prevent Flint from ever returning to the DWSD and (iii) mandated Flint to “undertake the KWA public improvement project or undertake other public improvement projects to continue to use the Flint River, such as additional Flint Water Treatment Plant public improvements, source water protection public improvements, and public improvements to obtain a back-up water supply, in order to comply with Act 399.”
108. Michael Glasgow, the City of Flint’s water treatment plant’s laboratory and water quality supervisor informed the MDEQ on April 17, 2014, that the FWTP was not fit to begin operations and that “management” was not listening to him because “they seem to have their own agenda.” Glasgow had told Rosenthal the day before, in the same e-mail chain, “. . . it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible . . . . I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.” The next day, Glasgow wrote Prysby and Busch of the MDEQ, that “. . . I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I
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will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.”
109. Glasgow later told State investigators that he received pressure from superiors—particularly Defendants Johnson and Croft—to begin the switch to the Flint River.
110. On April 18, 2014, Joshua Spencer, who was responsible for handling public relations for the City of Flint, urged the City to issue a press release stating, “The Tests are in. The Water is Good!;” “In an effort to dispel myths and promote the truth about the Flint River and its viability as a residential water resource, there have been numerous studies and tests conducted on its water by several different independent organizations;” and “For nearly 10 years Mike Glasgow has worked in the laboratory at the City of Flint Water Service Center. He has run countless tests on our drinking water to ensure its safety for public use. Mike has not only conducted tests on water provided to us by Detroit, but also on local water from nearby rivers, lakes and streams including the Flint River. When asked if over the last decade of he has seen any abnormalities of major concern in the water, his response was an emphatic, ‘No.’” Johnson told early that as an MDEQ Official, he was “comfortable releasing the ad.”
111. MDEQ’s Cook signed a permit in 2014 that was the last approval necessary for the use of the Flint Water Treatment Plant.
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112. Beginning in June 2013 and continuing through April 25, 2014, the State created a dangerous public health crisis for the users of Flint tap water when it and Kurtz and Earley ordered and set in motion the use of highly corrosive and toxic Flint River water knowing that the FWTP was not ready.
113. For at least a year prior thereto, the State knew that using the Flint River water was dangerous and could cause serious public health issues.
C. The LAN Defendants Failed to Meet Their Duties of Care and Competence as Design Engineers for the Flint Water Treatment Plant
114. On June 10, 2013, the LAN Defendants submitted a proposal to Flint for upgrading the FWTP entitled “Flint Water Treatment Plant Rehabilitation – Phase II.” The proposal was to make “improvements . . . intended to help the City operate[] the plant on a full time basis using the Flint River.” The proposal was signed by J. Warren Green, Professional Engineer (Project Director) and Samir F. Matta, Professional Engineer (Senior Project Manager).
115. The LAN Defendants claimed in their proposal that their “staff has the knowledge, expertise and the technical professionals to handle all aspects of the projects. Our staff has firsthand knowledge of the [FWTP] . . . .”
116. The proposal included the following relevant sections: a. A “Scope of Services” section that stated the “project involves the evaluation and upgrade of the Flint Water Plant to provide continuous water supply service to the City of Flint (Flint) and
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its customers.” The upgrades and improvements would allow the use of the Flint River as a water supply. b. A “Standards of Performance” section where the LAN Defendants “agree[d] to exercise independent judgment and to perform its duties under this contract in accordance with sound professional practices.” As part of the proposal, it was understood that Flint was relying upon the professional reputation, experience, certification, and ability of the LAN Defendants. 117. In or around June 2013, Flint formally retained the LAN Defendants as the design engineer for improvements and upgrades to the FWTP for the treatment of new water sources, including both the Flint River and the KWA pipeline. In deciding to proceed with the transition to the Flint River, the City of Flint noted the LAN Defendants’ “extensive experience in this field,” and relied upon the LAN Defendants’ identification of the “engineering, procurement, and construction needs” for the project. Although the City recognized that water from the Flint River “would be more difficult to treat,” the City concluded, based on LAN’s recommendations, that the Flint River was “viable as a source” of the City’s water. LAN continued to advise the City with respect to its transition to the Flint River through 2015, and ultimately was paid more than $3.8 million for its engineering services. 118. Upon information and belief, there were no bids submitted by the LAN Defendants or any other firm for this work, nor were any other firms considered for this work. The contract was awarded without competitive bidding.
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119. On June 29, 2013, LAN met with representatives of Flint,
representatives of the Genesee County Drain Commissioners Office and the
MDEQ to discuss:
a. Using the Flint River as a water source; b. The ability to perform the necessary upgrades to the FWTP; c. The ability to perform quality control; d. The ability for Flint to provide water to Genesee County; e. The ability to meet an April or May 2014 timeline; and f. Developing a cost analysis. 120. According to incomplete meeting minutes, “the conversation was
guided with focus on engineering, regulatory, and quality aspects . . .” of the items
previously referenced, and the following determinations were made:
a. The Flint River would be more difficult to treat, but was viable as a source;
b. It was possible to engineer and construct the upgrades needed for the treatment process;
c. It was possible to perform quality control “with support from LAN engineering which works with several water systems around the state, quality control could be addressed[;]”
d. FWTP did not have the capacity to treat and distribute sufficient water to meet the needs of Flint and Genesee County;
e. There were many obstacles to overcome, but completion by the April or May 2014 timeline was reachable; and
f. The next steps were for the LAN Defendants to present Flint with a proposal that would include engineering, procurement, and construction needs for the project along with cost estimates. 46

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121. LAN was directly involved in conversations about the potential for lead contamination following the switch. According to a September 3, 2015 email with the subject “Flint Water,” sent to Warren Green and Samir Matta of LAN, along with various city and state officials, Public Works Director Howard Croft addressed concerns about the amount of lead found in the water, stating, “[a]t the onset of our plant design, optimization for lead was addressed and discussed with the engineering firm and with the DEQ.”
122. Since 1965, the FWTP served as a secondary and backup water supply system to the DWSD. Typically, a secondary supply for a public water system would be needed only during emergency situations, and is normally designed for short-term operation such as providing the average daily demand for only a few days.
123. Upon information and belief, the FWTP was previously upgraded in or around 2004 in order to allow it to operate for an extended short-term period (i.e., approximately 6 weeks) because of a perceived high risk that the DWSD supply would fail and remain out of service for an extended duration.
124. Due to the aforementioned 2013 agreement, the FWTP needed upgrading to operate on a full-time basis, otherwise it would be unable to provide the citizens of Flint with sufficient quantities of water.
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125. In April of 2014, the LAN Defendants, Flint, and MDEQ officials addressed and discussed optimization for lead, and they decided that having more data was advisable before implementing an optimization method.
126. On April 9, 2014, the City received the necessary permits from MDEQ to draw Flint River water for distribution as the supply source for its water distribution system during the multi-year transition to the new KWA facility.
127. Despite receiving these permits, the Flint water system was not prepared for the switch to Flint River water. The Flint River was contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The level of chlorides in the Flint River was eight times the levels provided in DWSD water. Chlorides are highly corrosive, and must be neutralized with anticorrosive agents, such as phosphates, before entering public water systems. It is well known that corrosive water that is not properly treated results in the corrosion of pipes, such that the metals in the pipes, including lead, will leach into drinking water.
128. The LAN Defendants knew, if not recommended, that the FWTP would begin drawing water from the Flint River later that month that would not be treated with anti-corrosive measures. Moreover, the potential consequences in endangering the public health as a result of not using anti-corrosive treatments when using water from the Flint River as the primary source were or should have
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been well-known and foreseeable to the LAN Defendants, engineering firms that, according to their website, were a “national leader in the heavy civil infrastructure engineering industry,” “one of the most respected engineering firms in the United States today,” and “a recognized leader in the industry with a rich history of serving a diverse group of heavy civil infrastructure clients across the country.”
129. From July of 2013 through April of 2014, the LAN Defendants provided professional engineering services associated with the switch from the DWSD to the FWTP, but failed to meet their duty of care and competence. The LAN Defendants were responsible for providing engineering services to ensure that the FWTP was equipped to treat water from each of its new sources. The LAN Defendants’ actions facilitated the transfer of Flint’s water source to river water without proper corrosion control treatment. The improvement and upgrade plans to the FWTP were approved by MDEQ in April of 2014 pursuant to plans and specifications signed and sealed by the LAN Defendants. Further, the LAN Defendants, as Flint’s outside contractor, had a duty to recognize the need for corrosion control and advise that it should be implemented. Yet, incredibly, at the time of the switch to Flint River water, no phosphates were being added to the water supply. In fact, nothing whatsoever was being done to account for the corrosive nature of the Flint River water. Moreover, the LAN Defendants did not
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require water quality standards to be set for the Flint River water that would be delivered to Flint’s residents and property.
D. Numerous Signs of the Public Health Crisis Caused By the Contaminated Water Were Evident Within Weeks of the Switch
130. On April 25, 2014, Flint officially began using the Flint River as its primary water source, despite the fact that the proper preparations had not been made and Glasgow had warned that the FWTP was not ready.
131. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water.
132. Indeed, as early as May 15, 2014, within two weeks of the switch to Flint River water, Shekter-Smith had received numerous citizen complaints, including one forwarded from the EPA’s Jennifer Crooks regarding rashes caused by the new water.
133. In June 2014, citizen complaints about contaminated water continued without the State doing anything to address these complaints. Many Flint water users reported that the water was making them ill.
134. On August 14, 2014, Flint’s water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response.
135. To address the bacteria problem, the water was treated with additional chlorine. However, as has been well known for decades, in corroded
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pipes, chlorine preferentially reacts with the bare metal instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply was thus ineffective in treating bacteria—so more chlorine was added.
136. The use of chlorine to disinfect water produced various disinfection byproducts, including trihalomethanes (“TTHM”). When bare pipes are not protected with a corrosion control protocol, more chlorine yields more TTHM.
137. Immediately after the discovery of Flint’s bacterial problems, it was apparent that Flint’s TTHM levels were high. This should have been a red flag that the steel in the pipes had been laid bare by the high salt concentrations the water pumped from the Flint River.
138. Moreover, PowerPoint slides circulated among MDEQ officials— including Busch, Prysby, and Rosenthal—in March and April 2015 showed that MDEQ officials knew as early as May 2014 that the water contained TTHM levels above the EPA’s maximum contaminant level. According to the presentation, the City and MDEQ had also been receiving complaints about the water for some time, including about the water’s taste, odor, color, and that it was causing rashes but this failed to prompt any action.
139. As officials were beginning to assess the extent of Flint’s TTHM problems, another problem emerged in the summer of 2014—the Michigan
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Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires’ disease—another red flag.
140. Legionnaires’ disease is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the rate rises to 80%. Infection in humans occurs when water droplets contaminated with legionella bacteria are inhaled or when water-containing legionella enters the trachea. Extensive studies of legionella have established that the pathogen enters the water supply when the “bio-film” protecting pipes is stripped away—which is exactly what happened when the River’s corrosive water entered the City’s pipes.
141. On October 3, 2014, an email from Jason Lorenz, the Public Information Officer for the City of Flint, informed Ambrose and later Earley about the spike in cases of Legionnaires’ disease. Earley responded to the email chain disclaiming any connection between the outbreak and Flint’s water, writing that the City’s “message” should be that the outbreak was “an internal issue at McLaren [Hospital] that they are working on with our assistance, not a Flint water problem that we are trying to resolve.” Statements made to the Michigan Attorney General’s Office as part of its investigation into the crisis show that “MDHHS personnel were not in agreement with Earley ‘message.’”
142. In addition to a rise in the reported incidence of Legionnaires’ disease, MDHHS first noted another potential problem related to Flint’s water in
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September 2014—lead poisoning rates “were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014.”
143. As early as October 1, 2014, it was known that one of the causes of the bacterial contamination was the existence of iron pipes in the City’s water distribution system.
144. Most of Flint’s 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall.
145. On October 13, 2014, General Motors ceased the use of Flint River water at its engine plant because of fears that it would cause corrosion due to high levels of chloride.
146. Governor Snyder’s senior executive staff was immediately aware of the ramifications of GM’s decision and the adverse health effects confronting the citizenry of Flint. In an email written only the day after GM’s decision to withdraw from Flint River-sourced water, Deputy Legal Counsel and Senior Policy Advisor to the Governor Valerie Brader wrote:
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Now we are getting comments about being lab rats in the media, which are going to be exacerbated when it comes out that after the boil water order, there were chemicals in the water that exceeded health-based water quality standards. I think we should ask the EM to consider coming back to the Detroit system in full or in part as an interim solution to both the quality, and now the financial, problems that the current solution is causing. Brader’s email was addressed to Dennis Muchmore, Governor Snyder’s Chief of Staff, Michael Gadola, the Governor’s Legal Counsel and Jarrod Agen, the Governor’s Communications Director. Brader also noted that she intentionally did not distribute her email to officials at MDEQ to keep the communication secret and hidden under the Freedom of Information Act. But she noted that she had been in touch with MDEQ officials to brief Flint’s Emergency Manager “directly on the water quality issues.” 147. Richard Baird, Governor Snyder’s “Transformation Manager” and close confidant, who also received a copy of Brader’s email, was then present for a conference call with Earley during which Earley rejected the idea of returning to the Detroit Water & Sewer Department. 148. The following day, Governor Snyder’s Legal Counsel Michael Gadola issued a more frank assessment of the health issues associated with using the Flint River as the drinking water source for the population of Flint calling its use “downright scary.” Gadola advised that, “[t]hey should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.”
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149. On December 31, 2014, the first round of lead monitoring showed results exceeding the Lead and Copper Rule’s action levels for lead, 15 parts per billion. Worse yet, these samples were not drawn from the highest risk homes as required by the Lead and Copper Rule.
150. In January 2015, David Murray, Governor Snyder’s deputy press secretary, saw an email from Wurfel stating, “I don’t want my director to say publicly that the water in Flint is safe until we get back the results of some county health department of epidemiological trace-back work on 41 cases of Legionnaires’ disease in Genesee County since last May.”
151. On January 9, 2015, University of Michigan-Flint water tests revealed high lead levels in two locations on campus, causing the university to turn off certain water fountains.
152. That same day, Earley refused to return to DWSD water, according to the Attorney General’s investigation into the crisis.
153. In addition to these events, the City conducted six (6) sampling events on the corrosivity of the “treated” drinking water that occurred either before or concurrently with the creation of reports by the Engineering Defendants. The sampling events were in May 2014, August 2014, October 2014, February 2015, May 2015, and August 2015. The sampling results all showed that the drinking
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water was very corrosive, and yet none of the reports produced by the Engineering Defendants mentioned these sampling results.
E. The LAN and Veolia Defendants Were Asked to Evaluate the Problems, But Failed to Do So Properly
154. In November of 2014, the LAN Defendants were on actual notice of the need to assess the factors contributing to high TTHM levels following the water source change because the LAN Defendants were engaged to evaluate this issue by Flint and provide a report of its findings, which they did in August of 2015.
155. The LAN Defendants issued a 20-page Operational Evaluation Report on November 26, 2014, intended to address compliance with EPA and MDEQ operations and regulations. The LAN Defendants entirely failed to address the hazard of lead associated with the corrosive water flowing through the pipes, at least half of which were made of lead.
156. The Veolia Defendants submitted to Flint their “Response to Invitation to Bid for Water Quality Consultant,” Proposal No. 15-573. The Veolia Defendants proposed to provide “a complete solution to address the immediate reliability and operational needs” of Flint’s water system.
157. Flint had requested engineering services: a. To review and evaluate “the City’s water treatment process . . . and procedures to maintain and improve water quality”;
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b. To develop and report with recommendations “to maintain compliance with both State of Michigan and federal agencies”; and
c. To assist the City in implementing the recommendations. 158. The Veolia Defendants, however, responded that “addressing the fundamental issues concerning water quality compliance and operational reliability is much more complex than the recommendations study and advisory services outlined [in City of Flint’s request].” The Veolia Defendants proposed to respond to Flint’s requested scope of work by:
a. Calibrating “daily water quality samples with the City’s hydraulic model”;
b. Refining “the operational strategies for the plant and distribution system”;
c. Coordinating “daily efforts across plant, operations and maintenance staff”; and
d. Alleviating “continued concerns from the public communications process.”
159. In February of 2015, the Veolia Defendants were hired through a resolution that incorporated a standard of performance clause, which stated that “the City is relying upon the professional reputation, experience, certification, and ability of [Veolia].”
160. The Veolia Defendants’ task was to review Flint’s public water system, including treatment processes, maintenance procedures, and actions taken. As water treatment professionals, the Veolia Defendants had an opportunity to
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catch what the LAN Defendants had missed or refused to warn about—corrosive water was being pumped through lead pipes into the homes of Flint residents without corrosion control.
161. On February 10, 2015, the Veolia Defendants and the City issued a joint press release to the community at large, indicating that Veolia was an “urban water expert” in “handling challenging river water sources” and that it would be evaluating all of the City’s water treatment processes.
162. The press release contained no limitation on the Veolia Defendants’ scope of work. David Gadis, the Vice President of Veolia North America’s Municipal & Commercial Business stated, “We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint.” He continued, “We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water.” Based on these representations, the people of Flint had every reason to rely on the Veolia Defendants’ subsequent representations of safety.
163. On February 12, 2015, Rob Nicholas, Veolia’s Vice President stated: “We’re going to look at the numbers, we’re going to look at the plant, we’re going to decide how the equipment’s functioning, look at the raw water, look at the
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finished water, decide how it’s getting through the pipe to the house, and from that, decide how to fix each of those problems as we go forward.”
164. Despite its representations that it would conduct a thorough, allencompassing review of the Flint Water system, it took Veolia only 6 days to issue an interim report on its findings, which it presented to a committee of Flint’s City Council on February 18, 2015. Per the interim report, the only issue not in the Veolia Defendants’ scope of study was “why the change from [Lake Huron water via the Detroit system pipeline to Flint River water] or the history of the utility.”
165. In the interim report, the Veolia Defendants indicated that Flint’s water was “in compliance with drinking water standards.” It also noted that “[s]afe [equals] compliance with state and federal standards and required testing.” The Veolia Defendants effectively declared publicly that Flint’s water was safe.
166. The Veolia Defendants’ interim report also noted that the discoloration in Flint’s water “raises questions,” but “[d]oesn’t mean the water is unsafe.” It noted that among the Veolia Defendants’ “next steps” were to “carry out more detailed study of initial findings” and “[m]ake recommendations for improving water quality.”
167. In response to potential questions about “[m]edical problems,” the Veolia Defendants’ interim report dismissively claimed that “[s]ome people may be sensitive to any water.”
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168. Veolia issued its final “Water Quality Report” dated March 12, 2015.
169. In the final report, the Veolia Defendants noted that it had conducted a “160-hour assessment of the water treatment plant, distribution system, customer services and communication programs, and capital plans and annual budget.” The final report claims that “a review of water quality records for the time period under our study indicates compliance with State and Federal water quality regulations.”
170. The final report states that “the public has also expressed its frustration of discolored and hard water. Those aesthetic issues have understandably increased the level of concern about the safety of the water. The review of the water quality records during the time of Veolia’s study shows the water to be in compliance with State and Federal regulations, and based on those standards, the water is considered to meet drinking water requirements.”
171. Specifically addressing the lack of corrosion control, the final report notes that “[m]any people are frustrated and naturally concerned by the discoloration of the water with what primarily appears to be iron from the old unlined cast iron pipes. The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water. Polyphosphate addition will not make discolored water issues go away. The system has been experiencing a tremendous number of water line breaks the last two winters. Just last week there
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were more than 14 in one day. Any break, work on broken valves or hydrant flushing will change the flow of water and potentially cause temporary discoloration.”
172. Therefore, in addition to missing the connection between the lack of corrosion control and lead contamination, the Veolia Defendants made a permissive “could” suggestion aimed only at reducing aesthetic deficiencies while suggesting that Flint’s drinking water met all applicable requirements and was safe to drink.
173. In fact, not only did the report fail to discuss lead corrosion, the use of polyphosphate, as suggested, only deals with iron corrosion and could worsen lead corrosion.
174. As a result of the LAN and Veolia Defendants’ actions, the residents of Flint, including Plaintiffs, were exposed to much greater amounts of poisonous water, and for a much longer time.
F. The LAN and Veolia Defendants Fail to Conduct a Root Cause Analysis
175. Both the LAN and Veolia Defendants were hired to ensure Flint’s water system was protective of human health and compliant with federal and state environmental statutes. In February 2015, the LAN Defendants issued their report “Trihalomethane Formation Concern,” and on March 12, 2015, the Veolia Defendants issued their report, “Flint Michigan Water Quality Report.” Critically
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absent from both reports was a root cause analysis of why the high TTHM levels existed. A root cause analysis is the standard process used by engineers to determine the origin, case and interrelationship of events. It is a standard practice used by environmental, health, safety, and infrastructure engineers whenever an adverse event occurs. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event. It is important to note that a root cause analysis would not have required invasive testing, just consideration of the facts known to date and drawing a conclusion about their interrelationship. Had such an analysis been done, the consultants would have discovered the corrosion of the pipes, and the presence of lead and legionella in the water system.
176. The causal relationship of events leading to the high TTHM levels is not complex science. It is widely known in the scientific community that:
 Road salt from decades of deicing contaminates northern rivers such as the Flint River;
 Road salt contains chloride, which is highly corrosive to steel and lead pipes and that such pipes are used throughout Michigan and Flint;
 Chloride strips pipes of protective surfaces which frees legionella and lead;
 Urban rivers contain high levels of E. coli;
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 While chlorine is effective in treating E. coli, it becomes far less effective when bare metal has been exposed because the chlorine preferentially reacts with the metal;
 The need to add excessive chlorine is indicates that bare metal has been exposed, and that corrosion is occurring; and
 Excessive chlorination causes high TTHM levels. 177. The failure of the LAN and Veolia Defendants to conduct a root cause analysis recognizing the corrosion’s role in Flint’s water problems is truly inexplicable because as detailed above all of these events had been highly publicized before they issued their report:
 The Flint River had been highly impacted by road salt for decades—the river had eight times more salt than water supplied by the DWSD;
 Lead and steel pipes are ubiquitous in the United States, Michigan and Flint;
 In the summer of 2014, Flint suffered one of the worst outbreaks of Legionnaires’ disease in U.S. history;
 On October 14, 2014, as widely reported by the press the next day, GM stopped using the City’s water because of corrosivity;
 On January 9, 2015, UM Flint shut its water fountains because lead exceed federal standards; and
 In February 2015, if not before, lead in drinking water in other locations also exceed the standards.
178. Any of these red flags, and indeed the general knowledge in the scientific community, should have alerted the LAN and Veolia Defendants to the
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extensive corrosion and resultant release of lead and legionella in the City’s drinking water system.
179. For example, it should have been obvious to the LAN and Veolia Defendants—as professed experts on water quality and treatment issues—that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations during many Michigan winters. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey (“USGS”), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint’s prior water source, should have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight-times more chloride than the DWSD-supplied water. The Flint River water also had an extremely high chloride-to-sulfate mass ratio (“CSMR”) of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had the LAN or Veolia Defendants investigated the chloride-to-sulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint’s CSMR posed serious corrosion risks.
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180. The City’s inability to effectively treat E. coli with chlorine should have likewise alerted the LAN and Veolia Defendants to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the U.S. EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine is caused by corroded pipes. Flint’s inability to treat E. coli with moderate amounts of chlorine—and the resulting high TTHM concentrations— should have placed the LAN and Veolia Defendants on notice that Flint’s pipes were corroding and releasing lead and other materials into the drinking water supply. Moreover, the uptick in reported cases of Legionnaires’ disease, reported during a press conference prior to the LAN and Veolia Defendants’ retention, should have put both on notice that Flint’s water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires’ disease, grows on the film on the inside of pipes, which when stripped away by corrosion frees the legionella into the drinking water system. Outbreaks of Legionnaires’ disease are rare unless pipes have been stripped of their bio-film by warm, corrosive water— which is exactly what exists in the Flint River and water supply. Yet neither the LAN Defendants nor the Veolia Defendants drew a connection between the
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outbreak and the cause of the outbreak. Nor for that matter, did they make any recommendations to treat the water to prevent or abate an outbreak.
181. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. “Lead has been a challenge and a bane for water suppliers since historical times . . . The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births.” Dr. Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 2010). As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: “Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem . . . Solubility and dissolution rates of corrosion products are affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual.” These are the exact conditions that existed in Flint’s water supply.
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182. Finally, just the color of Flint’s water should have led any reasonable engineer to the conclusion that Flint’s pipes were dangerously corroded. The source of Flint’s water discoloration was rust, a product of steel and lead corrosion. The presence of rust in the water should have alerted LAN and Veolia that Flint’s water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
G. The LAN and Veolia Defendants’ Conclusions Made the Crisis Worse
183. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule (LCR) in 1991, which requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, sub. E and I. Flint’s own sampling analysis indicated that its system violated the LCR standards. Nevertheless, the Veolia Defendants, while failing to conduct any analysis, knowingly made the false statement in their March 12, 2015 report that their “review of water quality records for the time period under our study indicates compliance with State and Federal water regulations.”
184. Another reason for the corrosion of pipes is the drinking water’s acidity. It is well known that the decay of pathogens and other organic materials such as those found in the Flint River causes water to become more acidic.
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185. It is also well known to water quality engineers that the addition of
acidic water quality treatment chemicals, such as ferric chloride which is used as a
coagulant to settle out particles at the water treatment plant, can further increase
the water’s acidity. According to U.S. EPA, “[i]f the raw water for a utility has a
relatively high concentration of chloride and a history of lead corrosion problems,
coagulants that add to chloride concentration should be avoided. Also, since a
lower pH will increase corrosion in almost all cases, a utility should consider the
finished water pH goal before implementing enhanced coagulation.”
186. The Veolia Defendants should have recommended maintaining the
drinking water’s neutral pH by adding phosphate, but instead, in direct
contradiction of federal authorities, recommended increasing the dosage of ferric
chloride—a very potent, corrosive acid, rather than advising that the pH of the
water should be increased.
187. According to the Centers for Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . . Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper
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corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. . . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water. 188. Yet the Veolia Defendants did not recommend that the City take steps to institute corrosion control to prevent lead and legionella from spreading throughout the City’s water supply. The Veolia Defendants merely suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. There was no mention of the need to add corrosion control to prevent the release of lead and legionella. The Veolia Defendants’ report states, “The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water.” (Emphasis added). The report explains that, “Polyphosphate addition will not make discolored water issues go away.” (Emphasis added). Thus, rather than recognizing that corrosion control was required to render Flint’s water system compliant with federal regulations and prevent catastrophic corrosion, the Veolia Defendants merely suggested adding phosphate to address water discoloration. Even the Veolia Defendants’ suggested dosage to address discoloration, 0.5 mg/L was far too low. In February 2016, the City was adding four to eight times as much phosphate, 2 to 4 mg/L.
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189. Even worse, the Veolia Defendants presented their conclusion that no efforts needed to be undertaken to maintain the neutrality of the water supply as a scientific certainty. Their March 2015 report stated that prior to arriving at their conclusions, the Veolia Defendants undertook “laboratory testing” and concluded that, “[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended.” The Veolia Defendants acknowledged that their recommended increase was significant: “This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year.” Instead, the Veolia Defendants should have advised that the pH of the water should be increased.
190. At the same time that the Veolia Defendants gave the unqualified opinion that the current dosage is “too low,” and should be doubled, the Veolia Defendants knew that the City had no corrosion control protocol and knew (or should have known) that significant corrosion was already occurring. The Veolia Defendants’ directive that the City double its dosage of ferric chloride was unqualified and in no way warned that acidic water would increase corrosion. Instead, it should have advised that the pH of the water should be increased.
191. In August 2015, the LAN Defendants made the same recommendation to increase the dose of ferric chloride, rather than advising that the pH of the water should be increased.
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192. The LAN and Veolia Defendants should have told the City to reduce the concentration of ferric chloride, and that adding phosphate as a pH buffer was mandatory. No such recommendation was made, and as a result, the lead and legionella courses through the City’s water supply to this day.
193. A graph prepared by the Flint Water Study Group from Virginia Tech University shows that the pH of Flint’s water distribution system became more acidic after the Veolia Report was issued in March, even as the pH in the Flint River became less acidic:
194. The graph above shows that the Flint River had a harmless pH at or above 8.0 for all of 2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint’s municipal water supply started dropping steadily from 7.9 in March (just after the Veolia Defendants made their recommendation to double the ferric chloride concentration) to 7.3 in August. This difference is significant. pH is measured on a logarithmic scale, meaning that a pH of one
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whole number, such as 7.0 is ten times more corrosive than a pH of another whole number, such as 8.0. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint’s water.
195. The graph above is punctuated with quotes from Defendants’ emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint’s drinking water.
196. On June 24, 2015, the U.S. EPA reached a similar conclusion about the City’s addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network. Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (hereinafter “Del Toral Report”) (emphasis added). 197. In December 2016, Dr. Susan Masten, American Water Works Journal, published “Flint Water Crisis: What happened and Why?” Dr. Masten conducted a detailed analysis of the chemistry and engineering behind what happened to Flint’s water and examined why the water was corrosive. Dr. Maston
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concluded that the ferric chloride caused chloride (i.e., salt) levels in the drinking water to be 28-100% higher than Flint River water. Based on these results, it is apparent that the LAN and Veolia Defendants should have advised the City to reduce the levels of ferric chloride, which neither firm did.
198. Both the LAN and Veolia Defendants analyzed the pH in Flint’s water. Both made recommendations about the addition of chemicals that affect pH. Both were reckless and negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or decreased the dosage of ferric chloride, less lead and legionella would have been released into Flint’s water supply.
H. Despite the Numerous Signs of the Growing Crisis, the Government Defendants Failed to Act, and Concealed Known Dangers From the Plaintiffs
199. In January 2015, State officials met to discuss the ongoing threat to public health posed by the legionella bacteria in the Flint River water. The Governor and his staff, the Genesee Co. Health Department, and the MDHHS had already been aware for at least three months of the ongoing public health threat to the people of Flint, including the threat of Legionnaires’ disease resulting from the use of the Flint River water, yet they had done nothing. The public health crisis was not addressed in any serious and/or non-frivolous way.
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200. On January 13, 2015, Earley resigned his position as Emergency Manager and the Governor replaced him with Gerald Ambrose.
201. On January 21, 2105, State officials ordered water coolers to be installed in State buildings operating in Flint. State officials were concerned that this action, if it became widely known by the public, would reveal their dishonesty because they had been advising the residents of Flint that it was safe to drink the tap water and at the same time arranging for alternative water sources for the State employees who were working in Flint.
202. Nick Lyon, the director of the MDHHS, received materials on or about January 28, 2015 from a departmental epidemiologist showing an outbreak of Legionnaires’ disease in Genesee County in 2014.
203. On January 27, 2015, Flint was placed on notice that the Genesee County Health Department (“GCHD”) believed there was an association between the spike in Legionnaires’ disease reports and the onset of the use of Flint River water. Again, Defendants did nothing about the impending health catastrophe.
204. By January 29, 2015, State officials understood that the public health crisis was caused by the corrosion of the entire infrastructure of the Flint water system. Yet no action was taken to warn the public of the health crisis or to correct the harm caused by the State’s decision to switch from DWSD water to Flint River water.
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205. On January 29, 2015, Sue McCormick, the Director of DWSD, offered Ambrose an opportunity to purchase DWSD water at attractive rates. DSWD’s proposal included waiving the re-connection fee. This offer was rejected by Ambrose.
206. In January 2015, a Flint home owner, LeeAnn Walters, called the EPA regarding water issues that she was experiencing at her Flint home. She informed the EPA that she and her family members were becoming physically ill from exposure to the Flint River water coming from her tap.
207. By the end of January 2015, the Governor’s office was fully aware of the public health emergency caused by the rise in legionella bacteria found in the Flint River and launched a cover-up of the public health crisis.
208. By February 1, 2015, the Governor was aware of the health crisis in Flint. Given the months of complaints from Flint water users that the water was discolored, foul smelling/tasting, and making them visibly sick, the Governor knew that there was an imminent threat to the people of Flint. Yet, neither the Governor, nor State and local public officials, took corrective action.
209. On February 17, 2015, Flint water users staged public demonstrations demanding that Flint re-connect with DWSD. Once again Ambrose refused to restore Detroit water for Flint water users. State and local
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public officials falsely insisted that the water was acceptable for use and took no action.
210. On February 26, 2015, Jennifer Crooks of the EPA wrote an email to MDEQ and EPA representatives. Crooks noted that Walters complained of “black sediment in her water.” She noted that the iron contamination was so high that the testing instrumentation could not measure it. Crooks wrote, “But, because the iron levels were so high [Michael Glasgow, Flint Utilities Administrator], suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3….Big worries here….I think Lead is a good indication that other contaminants are also present in the tap water that obviously were not present in the compliance samples taken at the plant…We also talked about Dr. Joan Rose from Michigan State being on the Flint Tech Advisory committee--would want to dive further into this…she and her family are also exhibiting the rashes when exposed to the water, and her daughter’s hair is falling out in clumps.”
211. In a second email on February 26, 2015, Crooks stated that Miguel Del Toral of the EPA is of the opinion that the “black sediment” in the Walters water was actually lead. She continued, “Miguel is wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it phosphates? From a public health perspective, can we assume that the high lead
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levels in Mrs. Walters’ neighborhood are isolated to just her area? Or are they more widespread?”
212. On February 27, 2015, Stephen Busch advised Del Toral that the City was using corrosion control. This statement was false and Busch knew it was false when he made this statement to the EPA.
213. Defendant Cook similarly misled the EPA regarding the necessity of using corrosion control in Flint after the switch when he allegedly forwarded information he knew to be false to the EPA in response to its inquiry.
214. Likewise, Defendant Johnson inhibited efforts by Genessee County Health Department (“GCHD”) to obtain information about Flint’s water through the Freedom of Information Act (“FOIA”). On January 27, 2015, James Henry, Environmental Health Supervisor at the GCHD, sent a FOIA request to the City of Flint requesting “testing locations and laboratory results within the City of Flint public water system for Coliform, E-Coli, Heterotrophic Bacteria and Trihalomethanes from January 1, 2010 to January 27, 2015. . . [and] a map or list of locations, detailing dead ends, pooling, [and] low pressure . . . areas.” A week later, on February 5, 2015, Flint Utilities Administrator Johnson responded that he had not received Mr. Henry’s FOIA request but would “fulfill [the] request as soon as possible.” Despite Johnson’s assurances, by March 2015, GCHD still had not received the information they requested by FOIA.
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215. On March 5, 2015, the Governor and officials in the Governor’s office realized that they had a massive public health emergency which probably included widespread lead poisoning on their hands and began discussing distributing water filters to Flint water users. Yet these public officials took no action to warn or otherwise protect Plaintiffs and the Class, and continued to conceal from them and the public the true nature, extent, and severity of the public health crisis.
216. By March 10, 2015, James Henry of the GCHD raised concerns that he was being stonewalled by the State and City in accessing public health information about the Legionnaires’ disease outbreak in Genesee County. The concealment of the public health emergency by City and State officials— Defendants herein—was shocking and unconscionable.
217. As of March 10, 2015, the Defendants knew that the extreme public health emergency involved lead poisoning, deadly legionella bacteria and a host of other ailments.
218. Indeed, Defendant Shekter-Smith acknowledged as much on March 12, 2015 when, in connection with a FOIA request from the Genesee County Health Department regarding the outbreak of legionella, she emailed MDEQ employees Brad Wurfel, Jim Sygo, and Sarah Howes that “[w]hile the change in source may have created water quality conditions that could provide
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additional organic nutrient source to support legionella growth, there is no evidence or confirmation of legionella coming directly from the Water Treatment Plant or in the community water supply distribution system at this time” (emphasis added).
219. Despite acknowledging internally that the switch could have caused the legionella outbreak, the very next day, on March 13, 2015, ShekterSmith approved and praised Stephen Busch on his on his response to the Genesee County Health Department wherein Defendant Busch stated, among other things, that:
a. “conclusions that legionella is coming from the public water system without the presentations of any substantiating evidence from your epidemiologic investigations appears premature and prejudice toward that end;
b. “[i]t is highly unlikely that legionella would be present in treated water coming from the City of Flint water treatment plan given the treatment plant’s use of ozone along with complete treatment and chlorine disinfect contact time to comply with federal surface water treatment rules for potable water;” and
c. “there is no direct correlation that can be made to the presence of legionella.”
220. That same day, Wurfel wrote in an email to Snyder administration officials, “Political flank cover out of the City of Flint today regarding the spike in Legionnaire cases. . . . Also, area ministers put a shot over the bow last night …
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with a call for Snyder to declare a state of emergency there and somehow ‘fix’ the water situation …”
221. On March 25, 2015, Flint City Council voted to re-connect to Detroit’s water system. Governor Snyder’s appointed Emergency Manager, Gerald Ambrose, exacerbated the State-created danger by rejecting this vote of the Flint public officials.
222. In March 2015, Jarrod Agen, Governor Snyder’s Director of Communications and later Chief of Staff, participated in conference calls with Harvey Hollins, an aide to the Governor, and others in which Hollins stated that he was hearing from Flint-area pastors that people were complaining about the odor and the look of the water and that they had requested water filters.
223. On April 24, 2015, Patrick Cook of the MDEQ emailed Miguel Del Toral at the U. S. EPA and in referring to Flint’s Water Treatment Plant (“WTP”) stated: “Flint is currently not practicing corrosion control at the WTP.”
224. On June 24, 2015, the aforementioned Del Toral Report warned of “High Lead Levels in Flint Michigan.” On the following day, Del Toral wrote an internal email with respect to the elevated lead in Flint water at EPA stating:
I understand that this is not a comfortable situation, but the State is complicit in this and the public has a right to know what they are doing because it is their children that are being harmed.
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225. Del Toral further warned that the failure to inform Flint water users of the elevated lead levels was “bordering on criminal neglect.”
226. The Del Toral Report was shared with, among others, MDEQ’s Chief of Office of Drinking Water and Municipal Assistance, Liane Shekter-Smith, MDEQ’s Water Treatment Specialist, Patrick Cook, MDEQ’s District Supervisor, Stephen Busch, and MDEQ’s Engineer assigned to District 11 (Genesee County), and Michael Prysby.
227. Nonetheless, State and local public officials failed to undertake any measures to effectively address any of the dangers, including lead poisoning, identified by Del Toral.
228. On June 30, 2015, Mayor Walling notified EPA Region 5 Director, Dr. Susan Hedman (“Hedman”) that Del Toral was speaking publicly about the Flint environmental crisis.
229. On July 2, 2015, Hedman advised Walling that he was given a preliminary draft and that it would be premature to draw any conclusions.
230. On July 10, 2015, MDEQ official Brad Wurfel, in an effort to conceal the public health crisis, appeared on public radio and advised listeners that Flint water was safe and that it was not causing “any broad problem” with lead leaching into residential water. Parents, worried about the lead poisoning of their children demanded answers from Wurfel. He told the concerned parents, “[l]et me
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start here-anyone who is concerned about lead in the drinking water can relax.” Wurfel, at the time he made this statement, knew his statements were false and he deliberately misled the public about the seriousness of the crisis.
231. By July 2015, multiple agencies within the State of Michigan, including the Governor, the Governor’s Office and MDEQ, had actual notice of high lead exposure and other dangers, including Legionnaires’ disease, associated with Flint water.
232. But there is no doubt that the Government Defendants were well aware of the dangers facing Flint’s residents. On July 9, 2015—nearly three months before the City first issued a lead advisory to the public—Mike Glasgow sent an email to MDEQ’s Adam Rosenthal with the following “Key Points” listed in all caps:
1) Flint has lots of lead pipe, no corrosion control treatment, and has had no legitimate LCR testing for at least a year. 2) Amongst low income infants, breast feeding rates are lower, and formula use is higher. Many Flint[] residents cannot afford to flush due to higher water rates. They cannot afford bottled water. This is an unprecedented situation and EPA needs to take this seriously. Now. 3) We have one child with an elevated blood lead already…In fact, that is the only reason we know about any of the above. 4) MDEQ is still publicly insisting Flint water has tested safe, is safe, and that flint has no violations of any sort. 233. On July 22, 2015, Governor Snyder’s Chief of Staff, Dennis Muchmore, wrote to MDHHS Director Lyon and stated that the Plaintiffs’
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concerns (and those of the Class) regarding lead poisoning and other dangers were being “blown off” by the Defendants.
234. On July 24, 2015, Wurfel continued to promote the cover-up of the health crisis. In response to the recognition that the Defendants were blatantly ignoring the concerns of Flint residents, he stated, “[i]n terms of near-future issues, the bottom line is that residents of Flint do not need to worry about lead in their water supply, and DEQ’s recent sampling does not indicate an imminent health threat from lead or copper.”
235. But the State’s sampling did not comply with regulations. Rather, the sampling purposefully skewed results to minimize the crisis. According to an email from Professor Marc Edwards of Virginia Tech that was forwarded to Shekter-Smith and Stephen Busch, among others, on September 21, 2015, the State did, “not have an approved lead sampling pool. Only 13 of the lowest lead sampled homes from 2014, were resampled in 2015. The homes sampling high in 2014, were not asked to be resampled.” Professor Edwards continues on to describe a video available on the ACLU website in which, “Mike Glasgow (Flint LCR program) notes what is perfectly obvious from looking at the MDEQ FOIA materials. ‘we threw out bottles everywhere just to collect as many as we can, just to hit our number, and we just turn in every result we get in.’” Professor Edwards
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then proceeds to note several instances in which the MDEQ covered up high samples.
236. Indeed Michael Glasgow essentially admitted that the City’s testing procedures were inadequate when he pleaded no contest to willful neglect of duty and agreed to cooperate with the Attorney General’s investigation after being accused of distorting the City’s water test results by instructing residents to run their water—or “flush” it—before testing, and failing to obtain water from certain houses. These inaccurate results were reported in a February 27, 2015 report entitled, Lead and Copper Report and Consumer Notice of Lead Result.”
237. Several MDEQ officials—including Defendants Busch, Rosenthal, and Prysby—similarly deceived the public about the water’s quality. Glasgow has stated publicly that Defendants Busch and Prysby directed him to alter water quality reports and remove the highest lead levels. And following an investigation involving numerous witness interviews and reviewing thousands of documents, the Michigan Attorney General’s office charged both Busch and Prysby for their involvement in the crisis. The Attorney General’s investigation similarly led to criminal charges against Rosenthal, including for his willful participation in the manipulation of lead testing results and falsely reported that the 90th percentile of the results for lead water testing was below the federal action level. Eventually, a
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July 28, 2015 report was altered to exclude some high lead tests and Rosenthal forwarded the altered report on.
238. After months of trying to notify City and State officials of the problems with Flint’s water, in August 2015, Professor Edwards publicly announced that there was serious lead contamination of the Flint water system and stated that the people of Flint face a major public health emergency.
239. Wurfel, speaking for the State, immediately dismissed and discredited Edwards by stating that Edwards’s team “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.”
240. By late 2014 or early 2015, Lyon was aware from MDHHS data that there was a dramatic increase in the percentage of Flint children with elevated blood lead level readings from blood drawn during the second and third quarters of 2014, and that Legionnaires’ disease was on the rise during the same period of time. Lyon was aware of this dangerous condition but did nothing to report the findings to the Plaintiffs, their Class or the public.
241. Lyon knew that these elevated blood lead levels, and an increase of Legionnaires’ disease found in its own database, correlated with the introduction of
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the corrosive Flint River water into the Flint water distribution system. Lyon did not order that any action be taken to warn the public.
242. The increase in elevated blood lead levels in Flint’s children, and Lyon’s failure to do anything to prevent further injury to the people of Flint, identifies yet another aspect of this unconscionable government-created health and public safety emergency. Lyon, aware of the elevated blood lead levels in Flint’s children, failed to report the evidence to the MDEQ, Governor’s Office, EPA or the Flint community. His concealment of this critical information increased the risk and exacerbated the danger.
243. Dr. Mona Hanna-Attisha, in the summer of 2015, using data available to her from Hurley Hospital, observed a similar spike in the percentage of Flint children with elevated blood lead levels from blood drawn in the second and third quarter of 2014. She published her study in an effort to alert the community about the health risks associated with drinking Flint River water.
244. The Government Defendants and the MDHHS immediately accused Dr. Hanna-Attisha of providing false information to the public.
245. No genuine effort was made to investigate Dr. Hanna-Attisha’s findings. To the contrary, on September 28, 2015, in response to Dr. HannaAttisha’s testing results, Defendant Lyon directed his staff to provide “an analysis of the Vtech/Hurley data and their conclusions,” in addition to demanding a
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“strong statement with a demonstration of proof that the lead blood levels seen are not of the ordinary and are attributable to seasonal fluctuations.”
246. In September 2015, the MDEQ continued to falsely assure the public that use of Flint Water was safe and continued to deny the public health crisis at hand. For example, a MDEQ document entitled, “DEQ Frequently Asked Questions, Water Lead Levels in the City of Flint, September, 2015” which stated: “Are there other ways the city monitors for lead exposure? The County Health Departments, overseen statewide by the Michigan Department of Health and Human Services, regularly monitors blood levels in children throughout Michigan communities. The leading cause of lead poisoning is exposure to lead paint. Blood lead level testing results for the 12-month period just after the City of Flint changed its water source (May 2014 – April 2015) showed no significant change in the pattern of blood lead levels in Flint, compared to the previous three years. This data suggests the recent change in water source by the City of Flint has not contributed to an increase in lead exposure throughout the community.” (emphasis added).
247. On September 25, 2015, Wurfel falsely advised media and the public that MDHHS officials have re-examined its blood lead level data and the MDHHS statistics do not show the same upward trend documented by Dr. HannaAttisha.
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248. On September 28, 2015, Wurfel stated publically that the Flint water crisis was becoming “near-hysteria” because of Dr. Hanna-Attisha’s report. He said that he wouldn’t call her reports “irresponsible. I would call them unfortunate.” Wurfel finished his remarks that day by falsely stating that “Flint’s drinking water is safe in that it’s meeting state and federal standards.”
249. On September 29, 2015, Wurfel referred to EPA Del Toral of the EPA as a “rogue employee.”
250. By late September 2015, reconnecting to the Detroit water system was the only reasonable option to protect the health and safety of the Flint water users. Yet the State deliberately chose not to proceed in this fashion. Instead, on or about October 2, 2015, State officials announced that the State would appoint a Flint Water Advisory Task Force and would provide water filters designed to eliminate the lead in the water to Flint water users.
251. On October 8, 2015, the Governor recognized that he could no longer pretend that the water from the Flint River was safe. He finally ordered Flint to re-connect with the Detroit water system which contained corrosion control chemicals.
252. The re-connect to DWSD took place on or about October 16, 2015.
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253. Throughout the period of time between April 2014 (when Flint’s
water source changed to the Flint River) through October 16, 2015 (when Flint’s
water source switched back to the DWSD) MDEQ officials either:
a. Falsely represented that Flint was using optimized corrosion control chemicals to treat the water for purposes of preventing lead poisoning, when in fact, they were not; or
b. Adhered to the faulty regulatory position that Flint could poison its citizens with lead contaminated water for two sixmonth monitoring intervals and then decide if corrosion control chemicals were necessary.
254. On October 18, 2015, MDEQ Director Wyant emailed Governor
Snyder and admitted that the delayed implementation of optimized corrosion
control for two six month intervals while Flint’s citizens were being lead poisoned
was improper. Wyant wrote:
Simply said, our staff believed that they were constrained by two consecutive six-month tests. We followed and defended that protocol. I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning. (emphasis added)
255. The next day, on October 19, 2015, City of Flint Technical Advisory
Committee meeting, LAN was listed as the “owner” of the “corrosion control”
issue.
256. Starting in approximately November of 2015, the State of Michigan
Department of Health and Human Services began publicly reporting blood lead
level test results for “Flint Zip Codes 48501-48507.” However, the use of zip
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code level data for these reports is misleading and significantly underreports the prevalence of lead contamination in blood for Flint residents. Academics studying the data have noted that the zip codes relied upon by MDHHS (48501-48507) include both people who receive their water from the City of Flint and large geographic areas outside of the City of Flint where people receive their water from safe sources. In spite of these noted inaccuracies in the data, MDHHS officials (and their attorneys in court) continue to misleadingly rely upon this inaccurate data to downplay the severity of the crisis.
257. Flint is currently in a State of Emergency: Mayor Karen Weaver declared a State of Emergency on December 14, 2015. On January 4, 2016, the Genesee County Commissioners declared a State of Emergency. On January 5, 2016, Governor Snyder declared a State of Emergency. On January 13, 2016, the Governor activated the Michigan National Guard to assist the people of Flint. On January 14, 2016, the Governor asked then-President Barack Obama and the Department of Homeland Security, Federal Emergency Management Agency (“FEMA”) to declare Flint a Major Disaster. On January 16, 2016, FEMA issued an emergency declaration to assist the people of Flint.
258. Yet, the efforts to conceal the full truth of what happen continue. For example, on January 11, 2016, during a conversation with Eden Wells,
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Governor Snyder, and others, Lyon acknowledged that there was a Legionnaires’ outbreak but falsely claimed that it was limited to one healthcare institution.
259. The relief efforts of State public officials have been ineffective, indeed often frivolous, in mitigating the devastation caused by its creation of the public health crisis. The ineffective relief efforts have prolonged the dangerous conditions and, in many cases, the failed mitigation efforts have further exacerbated the effects of the public health calamity created by the State.
260. Moreover, the reaction of many of the Defendants to this wholly preventable crisis has been cold to say the least. For example, when Wurfel was forwarded a response from Bob Wheaton (Manager of Communications for MDHHS), in which ABC News asked about Head start programs giving bottled water to children in Flint after a DHS report talked about the risks of lead. Wheaton had responded to ABC News saying that the bottled water report “was a recommendation – not an order.” Wurfel forwarded it to his wife and David Murray, saying only: “Laughing so hard I’m crying right now.”
261. Likewise, rather than immediately providing real information to Flint residents facing this crisis, the State promoted the following poster (which it later took down) which minimizes the serious health risks associated with contaminated water:
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I. Defendants’ Misconduct Has Caused the Plaintiffs to Suffer Devastating Health Effects and Other Personal Injuries
262. As a result of the failure to properly treat water from the Flint River, corrosive water was delivered throughout the Flint Water System. The water predictably corroded metal pipes, causing them to leach lead into the water. An estimated 15,000 of Flint’s 30,000 residential service lines are composed at least partially of lead. The exact number is presently unknown.
263. Lead’s catastrophic effects are indisputable. According to the EPA, “[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been
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linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
264. According to the World Health Organization, “lead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible.”
265. Lead is so harmful that, according to the EPA, “ingestion of lead can cause seizures, coma and even death.”
266. The effects of lead exposure are long lasting. The EPA has explained that, “[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help from the bones of the fetus. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth.”
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267. Tragically, the damage from lead exposure to Flint’s children includes diminished potential over the entire course of their lives. The World Health Organization states, “[t]hese costs are sometimes referred to as lost opportunity costs. Using a conservative estimate, the decrease in intelligence attractable to each 1 µg/dl increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial.”
268. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical, sociological, disability and occupational services, or long-term monitoring and treatment costs.
269. According to an analysis of the economic losses attributable to lead exposure in 2009, “[t]he present value of Michigan’s economic losses attributable to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings.”
270. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity
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resulting from reduced cognitive potential from preventable childhood lead exposure.
271. As a direct and proximate result of Defendants’ misconduct, Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services, and related education assistance programs.
272. Lead is also harmful to adults. The EPA warns that “[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women).” The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning—typically chelation therapy—as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
273. These effects are far from hypothetical. According to a recent study from health economists Daniel Grossman of West Virginia University and David Slusky of Kansas University, the fertility rate in Flint, Mich., dropped precipitously after the city decided to switch to lead-poisoned Flint River water in 2014. Grossman and Slusky’s working paper estimates that among the babies conceived
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from November 2013 through March 2015, “between 198 and 276 more children would have been born had Flint not enacted the switch in water.”
274. Given the long-lasting risks of lead exposure and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
275. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires’ disease. As explained above, the presence of legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires’ disease and at least nine died. Those members of the Class who became infected with Legionnaires’ disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants’ conduct. At least one case of Legionnaires’ Disease occurred in 2016, even after the City’s water supply was switched back to the DWDS, indicated that the disease still poses a risk to the community.
276. In October 2016, Flint and Michigan authorities determined that Flint was experiencing an outbreak of the infectious bacterial disease called Shigellosis, which can cause bloody diarrhea and fever. Shigellosis is caused by the shigella bacteria, and its symptoms include fever, abdominal pain
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and diarrhea, which can lead to dehydration. Since the water crisis, there has been a steady increase of cases, especially in children. The youngest person diagnosed was 17 months old.
277. Finally, as a direct and proximate result of Defendants’ conduct, Plaintiffs have suffered extreme emotional distress.
J. Defendants’ Misconduct Has Also Caused the Plaintiffs to Suffer Extensive Property Damage and Monetary Losses.
278. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants’ misconduct has caused significant property damage and monetary losses.
279. The property damages sustained by Plaintiffs fall into three basic categories. First, the Plaintiffs’ pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and potentially legionella—thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs’ real property has been substantially diminished as a result of the continuing questionable safety of Flint’s water and existence of corroded pipes and appliances.
280. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s
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water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply.
281. Plaintiffs’ homes and properties have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially legionella. Solubilized and particulate lead and legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
282. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: “[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains.”
283. The Water Research Watershed Center has further explained that, “[t]he cost of corrosion can be expensive. Corrosion can impact you and your family’s health, aesthetic quality of your water, waste money, and damage your household piping and fixtures.”
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284. Not only does corrosion cause the “premature failure of household plumbing and plumbing fixtures,” the Water Research Watershed Center has explained, corrosion also “decreases the efficiency of hot water heaters and may cause premature failure to the heater.”
285. On January 10, 2017, Marc Edwards, the principal scientist who discovered the high lead concentration in Flint water, published “Flint Water Crisis Caused By Interrupted Corrosion Control: Investigating “Ground Zero Home” in which he concluded that the lead in the homes originated in part from rust stripped by the corrosive water from galvanized pipes. Galvanized pipes are in people’s homes. Although galvanized (zinc-coated) pipe is still considered to be a safe transport material for drinking water, there are some potential health concerns if the water supply is corrosive due to its acidic condition (low pH). These results establish that the pipes in the pipes and appliances in Flint homes and businesses need to be replaced.
286. Moreover, residents and property owners have already reported damage to major appliances such as dishwashers and washing machines following Flint’s decision to switch water sources.
287. According to emails from Governor Snyder’s office, the State estimates that replacing Residents’ pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
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Obviously, the cost to replace pipes in a residential building with multiple units will be far higher, costing tens and hundreds of thousands of dollars.
288. Corroded pipes not only present a continuing health threat, they risk further damage to one’s property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
289. Although the City has stated it intends to begin replacing some Cityowned pipes, this is far from sufficient to render Flint’s water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that “changing all the mains in the city will not really solve the problem for the homeowners” because the lead piping in these homes probably has been severely compromised. “The corrosion is not going away. It’s still there.”
290. Plaintiffs have been left to pay for the damage caused by the Engineering and Governmental Defendants. This has proven nearly impossible as many of the City’s residents survive on very little money. To make matters worse, the Washington Post has reported that, “many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say.”
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291. According to a study by University of Michigan that analyzed the cross-section samples of 10 service pipes in Flint’s water system, the average Flint pipe released 18 grams of lead during the 17 months that untreated, corrosive water ran through the system. “This is the amount of lead that would have entered a single home,” lead study author Terese Olson, an associate professor of civil and environmental engineering at Michigan, said in a news release. “If we average that release over the entire period the city received Flint River water, it would suggest that on average, the lead concentration would be at least twice the EPA action level of 15 parts per billion.” Critically, however, the report also concluded that not all of the leached lead was consumed by drinkers. Some was washed down the drains and some likely remains in private plumbing systems.
292. Moreover, the problems associated with Flint’s water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, “[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing.”
293. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: “[u]ntil [water]
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testing and potability is affirmed, it will be difficult to lend,” said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require “a continuing and sufficient supply of safe and potable water” to provide home financing.
294. This creates a catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, Plaintiffs, including residents and property owners, cannot obtain financing to replace their pipes and appliances until the water is deemed safe.
295. The water crisis also caused extensive economic damage to property owners who paid water bills for several years in exchange for clean water for themselves and their tenants. Instead, they were provided toxic water. Besides losing the benefit of the bargain, this also hurt the landlords’ relationship and goodwill with tenants, both real and financial.
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296. As a result of the water crisis, many tenants refused to pay rent or simply left the premises. Some tenants paid less than the full rent amount. And it is difficult to find new tenants to rent units. Even if found, the rental value is now much lower. Landlords in the Class have been forced to offer lower rent to entice renters. This results in lower revenue. As a result, the Class has experienced a lower occupancy level than before the water crisis and receives lower revenue.
297. The ordeal also damaged property owners because the crisis caused property values to plummet. Moreover, it is difficult to sell property, even at severely depressed prices, because buyers are scared of investing in the area. Even if a buyer could be found, that buyer cannot secure a loan from banks and other institutional lenders that are understandably uninterested in securing a loan with damaged property or accepting the unusually high risk of securing a loan with property in Flint, Michigan.
298. For the same reasons, it is difficult or impossible to refinance properties.
299. As a result of all the above, it is difficult to find new tenants, receive a fair rental amount, or even sell the property at any price.
300. As a result of the above, some members of the Class had difficulty making mortgage payments for their property because they rely on a steady cash flow from tenants to make such payments.
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301. Class members paid to install water filters in their properties for their tenants’ benefit. These heavy filters naturally damaged the sinks, which had to be repaired and/or replaced at Class members’ expense. They also supplied bottled water at their own expense.
302. In February of 2016, Governor Snyder signed a $30 million package to refund all Flint residents’ water bills for the period of April 2014 to April 2016. Under this system, residents would receive a 100% refund for the water use portion of their bills. However, the state has and is discriminating against multi-unit property owners by providing them with only a 20% refund of their bills. Class members rented out their properties with water included at the owner’s expense. This was a significant amount of money.
303. There are tens of thousands of housing units in Flint, Michigan. Currently property owners are renting about 45% of those units to residents.
K. Defendants’ Misconduct Has Resulted in Criminal Indictments and Other Government Investigations
304. As the events that gave rise to this lawsuit emerged, multiple government investigations were launched including Congressional hearings.
305. One such investigation has been spearheaded by the Michigan Attorney General’s Flint legal team which interviewed over 180 witnesses, reviewed hundreds of thousands of documents, and ultimately filed criminal
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charges against the following current and former City and State officials, many of whom are Defendants in this case:1

Table 1: Summary of Criminal Charges

Defendant

Criminal Charges

City Officials

Darnell Earley – Emergency Manager - Involuntary Manslaughter, Felony

- False Pretenses, Felony

- Conspiracy to Commit False

Pretenses, Felony

- Misconduct in Office, Felony

- Willful Neglect of Duty in Office,

Misdemeanor

Gerald Ambrose – Emergency Manager - False Pretenses, Felony

- Conspiracy to Commit False

Pretenses, Felony

- Misconduct in Office, Felony

- Willful Neglect of Duty,

Misdemeanor

Michael Glasgow – City of Flint

- Willful Neglect of Duty,

Laboratory and Water Quality

Misdemeanor (Pleaded No Contest)

Supervisor

- Tampering with Evidence, Felony

(charge dismissed as part of plea)

Howard Croft – City of Flint Director of - Involuntary Manslaughter, Felony

the Department of Public Works

- False Pretenses, Felony

- Conspiracy to Commit False

Pretenses, Felony

Daugherty Johnson – City of Flint

- False Pretenses, Felony

Utilities Director for the Department of - Conspiracy to Commit False

1 Corinne Miller, MDHHS Former Director of the Bureau of Epidemiology and State Epidemiologist, was also charged as part of the Attorney General’s investigation. As part of a plea agreement, Miller pleaded no contest to willful neglect of duty and must cooperate with the Attorney General’s investigation into the Flint Water Crisis.

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Public Works

Pretenses, Felony

MDEQ Officials

Stephen Busch – MDEQ District 8 Water Supervisor
Michael Prysby – MDEQ District 8 Water Engineer
Liane Shekter-Smith – MDEQ former Chief of Drinking Water and Municipal Assistance Adam Rosenthal – MDEQ Water Quality Analyst
Patrick Cook – MDEQ Specialist for Community Drinking Water Unit

- Involuntary Manslaughter, Felony - Misconduct in Office, Felony - Conspiracy – Tampering with
Evidence, Felony - Tampering with Evidence, Felony - Treatment Violation, Michigan Safe
Drinking Water Act, Misdemeanor - Monitoring Violation, Michigan
Safe Drinking Water Act, Misdemeanor - Two counts of Misconduct in Office, Felony - Conspiracy – Tampering with Evidence, Felony - Tampering with Evidence, Felony - Treatment violation, Michigan Safe Drinking Water Act, Misdemeanor - Monitoring Violation, Michigan Safe Drinking Water Act, Misdemeanor - Involuntary Manslaughter, Felony - Misconduct in Office, Felony - Willful Neglect of Duty, Misdemeanor
- Misconduct in Office, Felony - Willful Neglect of Duty,
Misdemeanor - Tampering with Evidence, Felony - Conspiracy – Tampering with
Evidence, Felony - Willful Neglect of Duty,
Misdemeanor - Misconduct in Office, Felony - Conspiracy, Felony

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MDHHS Officials

Nick Lyon – MDHHS Director
Eden Wells – MDHHS Chief Medical Executive
Nancy Peeler – MDHHS Director, Program for Maternal, Infant and Early
Childhood Home Visiting
Robert Scott – MDHHS Data Manager for the Healthy Homes and Lead
Prevention program

- Involuntary Manslaughter, Felony - Misconduct in Office, Felony - Obstruction of Justice, Felony - Lying to a Peace Officer,
Misdemeanor - Misconduct in Office, Felony - Conspiracy, Felony - Willful Neglect of Duty,
Misdemeanor
- Misconduct in Office, Felony - Conspiracy, Felony - Willful Neglect of Duty,
Misdemeanor

L. Efforts to Remediate the Harms Alleged Herein Are Inadequate. 306. In March 2017, a settlement was reached in Concerned Pastors for Social Action v. Khouri, Case No. 2:16-cv-10277 (E.D. Mich. filed Jan. 27, 2016). That suit was brought by citizens of Flint, Michigan against the State of Michigan and related entities for their failure to comply with the Safe Drinking Water Act, 42 U.S.C. § 300j-8(a). The settlement provides that the State of Michigan will provide $97 million for service line replacement, tap water monitoring, filter installation, bottled water distribution, and health programs. 307. The prospective relief provided for in the Concerned Pastors settlement fails to adequately fund service line pipe replacement or necessary health programs. Moreover, it does not even attempt to remediate the harm caused by the Government Defendants’ unconstitutional conduct.
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308. For example, corroded private service lines and appliances present an ongoing public health concern as these stripped pipes are a breeding ground for potentially life-threatening bacteria. The Concerned Pastors settlement fails to impose an ongoing obligation for the Government Defendants to repair this private property.
309. Moreover, the health effects of lead poisoning often go undetected for some time—the Concerned Pastors settlement does not provide for ongoing medical monitoring nor does it provide for educational programs or other remedial programs necessary to remediate the broad societal impact resulting from the Government Defendants’ unconstitutional conduct.
CLASS ALLEGATIONS 310. Plaintiffs request certification pursuant to Fed. R. Civ. P 23(b)(3) on behalf of a proposed damages class defined as follows: all individuals and entities who from April 25, 2014 to present were exposed to toxic Flint water or who owned property within the City of Flint and experienced injuries and damages to their person or property. 311. Plaintiffs request certification pursuant to Fed. R. Civ. P 23(b)(2) on behalf of a proposed injunctive relief class defined as follows: all individuals and entities who from April 25, 2014 to present were exposed to toxic Flint water or
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who owned property within the City of Flint and experienced injuries and damages to their person or property.
312. The number of class members is sufficiently numerous to make class action status the most practical method for Plaintiffs to secure redress for injuries sustained and to obtain class wide equitable injunctive relief.
313. There are questions of law and fact raised by the named Plaintiffs’ claims common to those raised by the Class(es) they seek to represent. Such common questions predominate over question affecting only individual members of the Class(es).
314. The violations of law and resulting harms alleged by the named Plaintiffs are typical of the legal violations and harms suffered by all Class members.
315. Plaintiff Class representatives will fairly and adequately protect the interests of the Plaintiff Class members. Plaintiffs’ counsel are unaware of any conflicts of interest between the Class representatives and absent Class members with respect to the matters at issue in this litigation; the Class representatives will vigorously prosecute the suit on behalf of the Class; and the Class representatives are represented by experienced counsel. Plaintiffs are represented by attorneys with substantial experience and expertise in complex and class action litigation involving personal and property damage.
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316. Plaintiffs’ attorneys have identified and thoroughly investigated all claims in this action and have committed sufficient resources to represent the Class.
317. The maintenance of the action as a class action will be superior to other available methods of adjudication and will promote the convenient administration of justice. Moreover, the prosecution of separate actions by individual members of the Class could result in inconsistent or varying adjudications with respect to individual members of the Class and/or one or more of the Defendants.
318. Defendants have acted or failed to act on grounds generally applicable to all Plaintiffs, necessitating declaratory and injunctive relief for the Class.
COUNT I—CAUSE OF ACTION 42 U.S.C. § 1983—14TH AMENDMENT SUBSTANTIVE DUE PROCESS—STATE CREATED DANGER: BY ALL PLAINTIFFS AGAINST GOVERNMENT
DEFENDANTS 319. Plaintiffs and the Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 320. Plaintiffs have a clearly established right under the substantive due process clause of the Fourteenth Amendment to the United States Constitution to be protected from risks, dangers, dangerous situations, or being made more
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vulnerable to increased risk of harms, affirmatively created and/or caused by persons acting under color of state law.
321. The Government Defendants, while acting under color of state law, affirmatively created or exacerbated the dangers and dangerous situations to which Plaintiffs were exposed, making them more vulnerable to said dangers, and the Government Defendants did so with an extreme degree of culpability.
322. The Government Defendants, while acting under color of state law, affirmatively continued, increased and perpetuated the dangers, risks of harm, and dangerous situations creating the public health crisis, when they deliberately and affirmatively denied, lied about, covered up, deceived, discredited, and ignored said known dangers and risks of harm to which they exposed Plaintiffs making them more vulnerable to said dangers.
323. The Government Defendants were aware that their conduct could result in the deprivation of Plaintiffs’ due process rights to be protected from the dangers, dangerous situations, or being made more vulnerable to the dangers affirmatively created and perpetuated by them.
324. This conduct was reckless, deliberately indifferent, and/or so outrageous as to shock the conscience, such that it was culpable in the extreme, insofar as the Government Defendants knew of and disregarded the substantial risk of serious harm to Plaintiffs.
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325. The dangers and risks of harm were discreet and special to Plaintiffs, as Flint water users and property owners in particular, and not risks affecting the public at large.
326. The dangers and risks of harm to Plaintiffs from the ongoing exposure to the water toxins which were created and perpetuated by the Government Defendants, were so extreme as to be equivalent to private acts of violence visited upon them.
327. These actions of the Government Defendants, all under color of law, constituted affirmative acts that caused and/or substantially increased the risks of physical, emotional and economic harm to the Plaintiffs.
328. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which through the creation of state created danger, violated Plaintiffs’ fundamental property and/or liberty rights, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering;
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d. Embarrassment, outrage, mental anguish, fear and mortification, denial of social pleasures, and stress related physical symptoms.
329. The conduct of the Government Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. §1988.
COUNT II—CAUSE OF ACTION 42 U.S.C. § 1983—14th AMENDMENT SUBSTANTIVE DUE PROCESS—BODILY INTEGRITY: BY INDIVIDUAL PLAINTIFFS AGAINST GOVERNMENT DEFENDANTS 330. Individual Plaintiffs and the Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 331. Individual Plaintiffs have a clearly established fundamental right under the substantive due process clause of the Fourteenth Amendment to the United States Constitution to bodily integrity. 332. The conduct of the Government Defendants, all while acting under color of law, endangered and/or threatened Plaintiffs’ fundamental liberty interest to bodily integrity as guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. 333. The Government Defendants were aware that their conduct could result in the deprivation of Individual Plaintiffs’ fundamental due process rights to bodily integrity.
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334. The Government Defendants deliberately and knowingly breached the constitutionally protected bodily integrity of Individual Plaintiffs by creating and perpetuating the ongoing exposure to contaminated water, with deliberate indifference to the known risks of harm which said exposure would, and did, cause to Individual Plaintiffs.
335. The Government Defendants had the opportunity to reflect and deliberate before they acted and/or failed to act.
336. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which violated Individual Plaintiffs’ fundamental property and/or liberty rights to bodily integrity, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 337. The conduct of the Government Defendants was both reckless and outrageous, entitling Individual Plaintiffs and Plaintiff Class members to an award
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of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT III—CAUSE OF ACTION 42 U.S.C. § 1983—5th AND 14th AMENDMENTS EQUAL PROTECTION OF THE LAW: RACE-BASED: BY ALL PLAINTIFFS AGAINST SNYDER, DILLON, WRIGHT, WALLING,
AMBROSE, KURTZ & EARLEY 338. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 339. Defendants Snyder, Dillon, Wright, Walling, Ambrose, Kurtz and Earley, acting under color of law, and in their respective individual and/or official capacities, engaged in conduct and/or adopted laws and policies that violated Plaintiffs’ rights under the Fifth and Fourteenth Amendments to the United States Constitution 340. Amendment Fourteen, § 1 states in pertinent part, “No state shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.” 341. The Equal Protection Clause prohibits laws and the application of laws that invidiously discriminate between similarly situated individuals or between groups of persons in the exercise of fundamental rights.
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342. Defendants’ conduct deliberately exposed Plaintiffs to contaminated Flint River water, knowing that it could and would result in widespread serious damage.
343. In 2013, Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational).
344. These Defendants knew that the water from the Flint River was grossly inferior to the Lake Huron water Flint and Genesee County citizens had been receiving from DWSD.
345. These Defendants knew that the raw water from the Flint River would have to be processed at the Flint WTP which would have required millions of dollars of upgrades.
346. These Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
347. Recognizing these facts, Defendants devised an Interim Plan that caused the predominately white water users of those areas of Genesee County outside of Flint to receive the safe and superior water from DWSD, whereas the
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water users of predominantly African American Flint received water that was known to be grossly inferior and unsafe, i.e. Flint River water.
348. As evidence of the fact that race discrimination was the reason for treating the two groups of water users differently, the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less than the cost of upgrading the Flint WTP in order to safely process the raw Flint River water.
349. Given the clear difference in the treatment between these two groups of similarly situated water users, the deliberate and intentional decisions and actions of these Defendants in devising the Interim Plan was the product of racial discrimination in violation of the Equal Protection Clause.
350. If Plaintiffs’ community had been predominately white, Plaintiffs would have been treated in the same manner as their predominantly white neighbors in Genesee County and they too would have received DWSD water as part of the Interim Plan.
351. Because Plaintiffs and their Class were water users in a predominately African American community, their complaints were dismissed and disrespected as exaggerated, without merit, or inconsequential. If Plaintiffs’ community had been predominately white, citizen complaints would have been
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taken seriously, treated as valid and the MDEQ and Flint public officials would have taken timely action to address the concerns.
352. Both Governor Snyder’s Task Force and the Michigan Civil Rights Commission have acknowledged that the residents of Flint were denied equal protection of the laws. Governor Snyder’s Task Force found that Flint residents, who are majority Black or African American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities. And the Michigan Civil Rights Commission found that the people of Flint did not enjoy the equal protection of environmental or public health laws, nor did they have a meaningful voice in the decisions leading up to the Flint Water Crisis.
353. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which violated Plaintiffs’ fundamental property and/ or liberty rights to equal protection of the laws based on race, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others; 118

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c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 354. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT IV—CAUSE OF ACTION 42 U.S.C. § 1983—5th AND 14th AMENDMENTS EQUAL PROTECTION OF THE LAW: WEALTH-BASED: BY ALL PLAINTIFFS AGAINST SNYDER, DILLON, WRIGHT, WALLING,
AMBROSE, KURTZ & EARLEY 355. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 356. Defendants Snyder, Dillon, Wright, Walling, Ambrose, Kurtz and Earley, acting under color of law, and in their respective individual and/or official capacities, engaged in conduct and/or adopted laws and policies that violated Plaintiffs’ rights under the Fifth and Fourteenth Amendments to the United States Constitution. 357. Amendment Fourteen, § 1 states in pertinent part, “No state shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
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358. The Equal Protection Clause prohibits laws and the application of laws that invidiously discriminate between similarly situated individuals or between groups of persons in the exercise of fundamental rights.
359. Defendants’ conduct deliberately exposed Plaintiffs to contaminated Flint River water, knowing that it could and would result in widespread serious damage.
360. In 2013, Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational.)
361. These Defendants knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
362. These Defendants knew that the raw water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
363. These Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
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364. Recognizing these facts, Defendants devised an Interim Plan that allowed the predominately—more affluent water users of Genesee County to receive the safe superior water from DWSD and the predominately impoverished water users of Flint would have to accept during the interim period grossly inferior, previously rejected and dangerous Flint River water.
365. There was no rational economic or fiscal justification for treating the predominately more affluent water users of Genesee County differently than the predominately impoverished water users of Flint because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less the cost of upgrading the Flint WTP in order to safely process the raw Flint River water.
366. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic justification, and taking into account the economic and class makeup of the group which received the grossly inferior and dangerous water product, the deliberate decisions and actions of these Defendants in devising the Interim Plan can fairly be said to be the product of income and class discrimination, in violation of the Equal Protection Clause of the 14th Amendment.
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367. If Plaintiffs’ community had been predominately more affluent, Plaintiffs would have been treated just like their more affluent neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
368. Because Plaintiffs were in a predominately impoverished community, their complaints were dismissed as exaggerated, without merit or inconsequential. If Plaintiffs’ community had been predominately more affluent, citizen complaints would have been treated as valid and the MDEQ and Flint public officials would have taken timely action to address the concerns.
369. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which violated Plaintiffs’ fundamental property and/ or liberty rights to equal protection of the laws based on wealth, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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370. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT V—CAUSE OF ACTION 42 U.S.C. § 1985(3) INVIDIOUS RACIAL ANIMUS: BY ALL PLAINTIFFS AGAINST SNYDER, DILLON, WRIGHT, WALLING,
AMBROSE, KURTZ & EARLEY 371. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 372. Defendants Snyder, Dillon, Wright, Walling, Ambrose, Kurtz and Earley, acting under color of law, and in their respective individual and/or official capacities, engaged in conduct and/or adopted laws and policies that violated Plaintiffs’ rights under the Thirteenth Amendment to the United States Constitution. 373. 42 U.S.C § 1985(3) secures the rights of the Plaintiffs and the Class to be free from conspiracies, founded on invidious racial animus, to violate the constitutional rights of Plaintiffs to equal protection and due process. 374. The Equal Protection Clause prohibits laws and the application of laws that invidiously discriminate between similarly situated individuals or between groups of persons in the exercise of fundamental rights.
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375. Defendants’ conduct deliberately exposed Plaintiffs to contaminated Flint River water, knowing that it could and would result in widespread serious damage.
376. In 2013, Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational.)
377. These Defendants knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
378. These Defendants knew that the raw water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
379. These Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
380. Recognizing these facts, Defendants conspired to devise an Interim Plan that allowed the predominately white water users of Genesee County to receive the safe superior water from DWSD and the predominately black water
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users of Flint would have to accept during the interim period grossly inferior, previously rejected and potentially unsafe Flint River water.
381. There was no rational economic or fiscal justification for treating the predominately white water users of those parts of Genesee County outside of Flint differently than the water users in the predominately African American community of Flint because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less the cost of upgrading the Flint WTP in order to safely process the raw Flint River water.
382. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic or fiscal justification, and taking into account the racial makeup of the community that received the grossly inferior and dangerous water product, the deliberate decisions and actions of these conspiring Defendants in devising the Interim Plan can fairly be said to be the product of invidious racial animus in violation of the Thirteenth Amendment. The provision of unhealthy and dangerous food and water is a badge, vestige, and symbol of slavery abolished and prohibited by the Thirteenth Amendment.
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383. If Plaintiffs’ community had been predominately white, Plaintiffs would have been treated the same as their white neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
384. Because Plaintiffs were water users in a predominately African American community, their complaints were disrespected and dismissed as exaggerated, without merit or inconsequential. If Plaintiffs’ community had been predominately white, citizen complaints would have been treated as valid and the MDEQ and Flint public officials would have taken timely action to address the concerns. This disrespect and dismissive response arose directly from the conspiracy between these Defendants founded on invidious racial animus.
385. As a direct and proximate result of the aforementioned conspiracy founded on racial animus as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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386. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. §1988.
COUNT VI—CAUSE OF ACTION MCL 37. 2302 - VIOLATION OF PUBLIC SERVICE PROVISIONS OF
ELCRA-DISPARATE TREATMENT AND DISPARATE IMPACT PLAINTIFFS AGAINST SNYDER, STATE OF MICHIGAN,
DILLON, WRIGHT, WALLING, AMBROSE, KURTZ, EARLEY, AND THE CITY OF FLINT
387. Plaintiffs and the Class incorporate by reference all preceding allegations set forth above as if fully stated herein.
388. Flint and Walling and Emergency Managers Kurtz, Ambrose, and Earley represent a public facility, agency, board owned and operated by a political subdivision of the state established to provide public service to the public within the meaning of MCL 37.2301(b).
389. If not “provider[s]” of a public service, Wright, Walling, Ambrose, Kurtz, Earley are liable under MCL 37.2701(b) because they aided or abetted the “provider” to violate MCL 37.2302(a).
390. Snyder, State of Michigan, and Dillon are liable under MCL 37.2701(b) because they aided the “provider” of water services to Plaintiffs in the acts which denied Plaintiffs of the full and equal enjoyment of water services because of race.
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391. The Defendants identified in this Count shall be referred to as the “ELCRA Defendants.”
392. The ELCRA Defendants were under a statutory duty to either provide water services to Plaintiffs so that they would not be denied the full and equal enjoyment of public water service on account of race, or they aided and abetted the public service provider to deny Plaintiffs full and equal enjoyment of public water service an account of race.
393. In 2013, the ELCRA Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational).
394. The ELCRA Defendants knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
395. The ELCRA Defendants knew that the water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
396. The ELCRA Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
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397. Recognizing these facts, the ELCRA Defendants devised or acquiesced to an Interim Plan that allowed the predominately white water users of Genesee County to receive the safe superior water from DWSD and the predominately black water users of Flint would have to accept during the interim period grossly inferior, previously rejected and potentially unsafe Flint River water.
398. There was no rational economic justification for treating the predominately white water users from those areas of Genesee County outside of Flint differently than the users of water from Flint, a predominately African American community. This is so because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less than the cost of upgrading the Flint WTP in order to safely process (assuming this was possible) the raw Flint River water.
399. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic or fiscal justification, and taking into account the racial makeup of the community that received the grossly inferior and dangerous water product, the deliberate decisions and actions of these conspiring Defendants in devising the Interim Plan can fairly be said to be the product of racial discrimination in violation of MCL 37.2302(a).
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400. If Plaintiffs’ community had been predominately white, Plaintiffs would have been treated just like their neighbors from the predominantly white neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
401. Assuming that the policy to supply different quality water to the water users of Flint and the surrounding communities was race neutral, the ELCRA Defendants are liable under the MCL 37.2302(a) because the impact of that policy had a grossly disparate negative impact on the predominately African-American and poor water users in the City of Flint.
402. As a direct and proximate result of the aforementioned violation of Plaintiffs’ rights under MCL 37.2302(a) by the ELCRA Defendants, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 403. Plaintiffs and Plaintiff Class members are further entitled to an award costs and reasonable attorney fees, pursuant to MCL 37.2802.
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COUNT VII—CAUSE OF ACTION MONELL CLAIM: BY ALL PLAINTIFFS AGAINST THE CITY OF FLINT
404. At all times herein, Defendant City of Flint, acting through its
official policymakers identified above, established and/or maintained the following
customs, usages, policies and/or practices:
a. Undertaking, making and/or approving decisions with regard to the public water system of the City, while at all times knowing that these decisions would likely result in the creation and prolongation of a public health crisis to its residents, including the infliction of harm and injury to Plaintiffs herein;
b. Participating in the concealment of the above-described acts, injuries, and harms of which it was aware, through its supervisors and official policymakers;
c. Approving, encouraging, authorizing, condoning, and acquiescing in the decisions and acts of concealment that were committed by its employees, agents, supervisors and policymakers, all under color of law and all in violation of Plaintiffs’ rights under the Constitution;
d. Failure to train, supervise, and/or discipline agents, employees, and officials of the City of Flint to:
i. Determine whether the water supplied to the public has received adequate corrosion control;
ii. Never provide the users of public water in Flint with water, the source of which has not received adequate corrosion control;
iii. When water which has not received adequate corrosion control is supplied to the public, to immediately take steps and measures to end the supply of such water to the public;
iv. When water which has not received adequate corrosion control is supplied to the public, to immediately take steps
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and measures to warn and instruct the public of the dangers and hazards of such water and how to protect from harm and injury arising therefrom; and v. When water which has not received adequate corrosion control is supplied to the public, to immediately take all other necessary steps and measures to protect the public. 405. Each of the aforementioned customs, policies, and/or practices, i.e. the affirmative decisions made by the official policymakers, the failure to train, supervise, and/or discipline the individually named Defendants, was known to Defendant City, as highly likely and probable to cause violations of the constitutional rights of members of the public, including but not limited to Plaintiffs herein. 406. The conduct of the individually named Defendants Walling, Croft, Glasgow, and Johnson was committed pursuant to the customs, policies, and/or practices of Defendant City. 407. Each such custom, policy and/or practice, referenced above, was a moving force in the violations of Plaintiffs’ constitutional rights, as set forth herein. 408. As a direct and proximate result of the aforementioned violations of Plaintiffs’ constitutional rights pursuant to Defendant City of Flint’s customs, policies and/or practices, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, including, but not limited to:
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a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 409. Plaintiffs and Plaintiff Class members are further entitled to an award costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT VIII—CAUSE OF ACTION PROFESSIONAL NEGLIGENCE: BY ALL PLAINTIFFS AGAINST LAN PC, LAN INC. & LAD 410. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 411. The LAN Defendants undertook, for consideration, to render services for the City of Flint, which they should have recognized as necessary for the protection of Plaintiffs and their property. 412. The LAN Defendants undertook to perform a duty owed to Plaintiffs by the City of Flint and/or the State of Michigan. Additionally, the LAN Defendants, in undertaking to perform services related to the Flint water supply and in making public statements about the safety of the Flint water supply, assumed a duty directly to the Plaintiffs and the Class.
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413. Based on their undertaking, the LAN Defendants had a duty to Plaintiffs, as residents and property owners in the City of Flint, to exercise that degree of care consistent with the greater degree of knowledge and skill possessed by design professionals, as well as an ethical duty to report to public authorities the dangers posed to public health and property that would result from the failure to install and/or operate a proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
414. The LAN Defendants also owed a duty to Plaintiffs to notify the proper authorities of unethical illegal practices of others whose actions or decisions posed threats to public health and property that would result from the failure to install and/or operate a proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
415. The LAN Defendants’ duties to Plaintiffs included, but were not limited to, a duty to properly administer the placing of the FWTP into operation using the Flint River as a primary source, a duty to do so in such a manner that would not endanger the health and property of Plaintiffs, a duty to take other actions consistent with the greater degree of knowledge and skill possessed by design professionals, and/or the duty to report to public authorities the dangers posed to public health and property that would result from the failure to install
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and/or provide proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
416. Plaintiffs relied on the LAN Defendants to perform their duties. 417. The LAN Defendants failed to exercise reasonable care in performing their duties, including in preparing for and executing the transition from treated DWSD water to untreated Flint River water, which was unsafe, toxic and unsuitable for human use. 418. The LAN Defendants failed to undertake reasonable care and conduct as a professional engineering firm. 419. The LAN Defendants failed to exercise reasonable care when they did not ensure that corrosion control measures were implemented in a water supply system containing lead pipes that was being transitioned to a highly corrosive water source. 420. The LAN Defendants failed to exercise reasonable care when they failed to conduct a root cause analysis which would have uncovered that the source of the TTHM was corrosive water coursing through the City’s pipes, which also would cause the release of lead and legionella. 421. The LAN Defendants failed to exercise reasonable care when they did not forcefully recommend the addition of phosphates to the water.
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422. The LAN Defendants failed to exercise reasonable care when they failed to recommend that the City use a coagulant other than ferric chloride.
423. The LAN Defendants failed to exercise reasonable care for other reasons alleged throughout this complaint, including ignoring at least several red flags that should have alerted them to the relevant problems.
424. The LAN Defendants’ conduct and/or failure(s) to act constitutes gross negligence because they were so reckless that they demonstrated a substantial lack of concern for whether an injury or harm would result.
425. The LAN Defendants’ professional negligence was voluntary conduct that inspired humiliation, outrage, and indignity by the Plaintiffs.
426. The LAN Defendants’ conduct was malicious, willful, and wanton as to disregard the Plaintiffs’ rights, for the following reasons:
a. The LAN Defendants knew that Plaintiffs were relying upon them to provide Flint with safe water;
b. The LAN Defendants knew that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs; and/or
c. The LAN Defendants knew that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs.
427. Plaintiffs suffered harm resulting from the LAN Defendants’ failures to exercise reasonable care.
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428. The LAN Defendants’ failure(s) to exercise reasonable care was direct and proximate cause of the Plaintiffs’ injuries, which were entirely foreseeable.
429. The LAN Defendants are liable to Plaintiffs for all harms resulting to them from the LAN Defendants’ failures to exercise reasonable care.
430. As a direct and proximate result of the LAN Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 431. As a result of the foregoing, in addition to compensatory damages, Plaintiffs seek an award of exemplary damages from the LAN Defendants so as to deter such morally reprehensible conduct by the LAN Defendants and similarly situated corporations in the future.
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COUNT IX—CAUSE OF ACTION PROFESSIONAL NEGLIGENCE: BY ALL PLAINTIFFS AGAINST THE VEOLIA DEFENDANTS 432. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 433. Plaintiffs bring this cause of action against the Veolia Defendants. The Veolia Defendants undertook, for consideration, to render services for the City of Flint, which they should have recognized as necessary for the protection of Plaintiffs. 434. The Veolia Defendants undertook to perform a duty owed to Plaintiffs by the City of Flint and/or the State of Michigan. Additionally, the Veolia Defendants, in undertaking to perform services related to the Flint water supply and in making public statements about the safety of the Flint water supply, assumed a duty directly to the Plaintiffs and the Class. 435. Based on their undertaking, the Veolia Defendants had a duty to Plaintiffs to exercise reasonable care. 436. Plaintiffs relied on the Veolia Defendants to perform the duty to inspect the City’s water supply to make sure that it was safe. 437. The Veolia Defendants failed to undertake reasonable care and conduct as a professional engineering firm.
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438. The Veolia Defendants failed to exercise reasonable care in inspecting the city’s water system and issuing their interim and final reports.
439. The Veolia Defendants failed to exercise reasonable care when they declared that Flint’s drinking water met federal and/or state and/or all applicable requirements.
440. The Veolia Defendants failed to exercise reasonable care when they represented that Flint’s drinking water was safe.
441. The Veolia Defendants failed to exercise reasonable care when they discounted the possibility that problems unique to Flint’s water supply were causing medical harm and property and monetary damage.
442. The Veolia Defendants failed to exercise reasonable care when they failed to warn about the dangers of lead leaching into Flint’s water system.
443. The Veolia Defendants failed to exercise reasonable care when they did not forcefully recommend the immediate implementation of corrosion control for purposes of preventing lead contamination in Flint’s water supply.
444. The Veolia Defendants failed to exercise reasonable care when they failed to conduct a root cause analysis which would have uncovered that the source of the TTHM was corrosive water coursing through the City’s pipes, which also would cause the release of lead and legionella.
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445. The Veolia Defendants failed to exercise reasonable care when they
did not forcefully recommend the addition of phosphates to the water.
446. The Veolia Defendants failed to exercise reasonable care when they
failed to recommend that the City use a coagulant other than ferric chloride.
447. The Veolia Defendants failed to exercise reasonable care through
other conduct described in this complaint.
448. The Veolia Defendants’ conduct and/or failure(s) to act constitute
gross negligence because it was so reckless that it demonstrated a substantial lack
of concern for whether an injury or harm would result.
449. The Veolia Defendants’ professional negligence was voluntary
conduct that inspired humiliation, outrage, and indignity by the Plaintiffs.
450. The Veolia Defendants’ conduct was malicious, willful, and wanton
as to disregard the Plaintiffs’ rights for the following reasons:
a. The Veolia Defendants knew or should have known that Plaintiffs were relying upon them to provide Flint with safe water;
b. The Veolia Defendants knew or should have known that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs; and/or
c. The Veolia Defendants knew or should have known that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs.
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451. Plaintiffs suffered harm resulting from the Veolia Defendants’ failures to exercise reasonable care to protect its undertaking.
452. The Veolia Defendants’ failures to exercise reasonable care to protect their undertaking directly and proximately caused the Plaintiffs’ injuries and were entirely foreseeable.
453. The Veolia Defendants are liable to Plaintiffs for all harms resulting to them from the Veolia Defendants’ failures to exercise reasonable care.
454. As a direct and proximate result of the violations of the Veolia Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 455. Further, as a direct and proximate cause of the Veolia Defendants’ acts and omissions, Plaintiffs’ property has been damaged in the form of damaged
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pipes, service lines, and appliances in their homes, a diminution in property values, and other property and monetary damages.
456. As a result of the foregoing, in addition to compensatory damages, Plaintiffs seek an award of exemplary damages from the Veolia Defendants.
COUNT X—CAUSE OF ACTION FRAUD: BY ALL PLAINTIFFS AGAINST
THE VEOLIA DEFENDANTS 457. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 458. Upon information and belief, and as further set forth above, the Veolia Defendants made false and material representations regarding the safety of Flint’s water, the nature and cause of the water quality problems in Flint, and the risks to public health and property damage. 459. Upon information and belief, the false and material representations include, but are not limited to, statements in the Veolia Defendants’ 2015 Interim Report that:
a. Flint’s water was “safe” and “in compliance with drinking water standards[.]”
b. The observed discoloration was merely aesthetic and not indicative of water quality or health problem, and
c. Medical problems are because “[s]ome people may be sensitive to any water.
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460. Upon information and belief, the material representations and other acts and omissions of the Veolia Defendants constitute fraud.
461. Upon information and belief, the Veolia Defendants knew the representations were made recklessly without any knowledge about their veracity.
462. Upon information and belief, the Veolia Defendants made the representations with the intention that Plaintiffs would act and rely on them, which Plaintiffs did.
463. As a direct and proximate result of the Veolia Defendants’ fraudulent representations, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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COUNT XI—CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS: BY INDIVIDUAL PLAINTIFFS AGAINST ENGINEERING DEFENDANTS 464. Individual Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 465. The Engineering Defendants owed Individual Plaintiffs and the Class a duty to exercise reasonable care. 466. As alleged herein, the Engineering Defendants failed to exercise reasonable care, which had the direct and foreseeable result of causing Individual Plaintiffs and the Class severe emotional distress, embarrassment, outrage, mental anguish, fear and mortification, denial of social pleasures, and stress related physical symptoms.
COUNT XI—CAUSE OF ACTION NEGLIGENCE: BY ALL PLAINTIFFS AGAINST ENGINEERING DEFENDANTS 467. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 468. The Engineering Defendants owed Plaintiffs and the Class a duty to exercise reasonable care. 469. As alleged herein, the Engineering Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be
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released into the drinking water of the City of Flint, including but not limited to lead.
470. Upon learning of the release of the contaminants, the Engineering Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class, and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class, and their property.
471. The Engineering Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, the Engineering Defendants failed to take reasonable, adequate, and sufficient steps or action to eliminate, correct, or remedy any contamination after it occurred.
472. The Engineering Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses, and rental properties of Plaintiffs and the Class.
473. As a result of the Engineering Defendants’ breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and
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remediate the effects of the Engineering Defendants’ negligence for many years into the future.
474. The Engineering Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
475. The Engineering Defendants wilfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
476. As a direct and proximate result of the Engineering Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
a. Pain and suffering; b. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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COUNT XII—CAUSE OF ACTION GROSS NEGLIGENCE: BY ALL PLAINTIFFS AGAINST THE ENGINEERING DEFENDANTS 477. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 478. The Engineering Defendants owed Plaintiffs and the Class a duty to exercise reasonable care. Upon learning of the release of the contaminants, the Engineering Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property. 479. As alleged herein, the Engineering Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, the Engineering Defendants gross negligently, recklessly, wilfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class. 480. The Engineering Defendants owed Plaintiffs and the Class a duty to act with reasonable care in undertaking their obligations. As professional engineers, the Engineering Defendants had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, the Engineering
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Defendants breached their duties of care by (1) failing to conduct a root cause analysis which would have revealed that the pipes were corroding and causing lead and legionella to enter the residents’ homes; (2) failing to recognize at least several red flags that should alert a prudent engineer to extensive corrosion problems and lead to implementation of effective protective measures; (3) failing to advise the City that they were out of compliance with the Safe Drinking Water Act’s Lead and Copper Rule; (4) failing to advise the City that the addition of a corrosion inhibitor was necessary to prevent lead poisoning and Legionnaires’ disease; and (5) advising the City to use or even increase the dosage of highly acidic ferric chloride, rather than advising that the pH of the water should be increased.
481. Defendants’ conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
482. As a direct and proximate result of the Engineering Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering;
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d. Embarrassment, outrage, mental anguish, fear and mortification, denial of social pleasures, and stress related physical symptoms.
PRAYER FOR RELIEF Plaintiffs request the following relief from the Court:
a. An order certifying a damages class pursuant to Fed. R. Civ. P 23(b)(3) and an injunctive relief class pursuant to Fed. R. Civ. P. 23(b)(2);
b. An order declaring the conduct of the Government Defendants unconstitutional;
c. An injunctive order to remediate the harm caused by the Government Defendants’ unconstitutional conduct including, but not limited to: repairs of private property and establishment of medical monitoring to provide health care and other appropriate services to Class members for a period of time deemed appropriate by the Court;
d. Appointment of a monitor who will assist in the development of remedial plans including, but not limited to: early education, education intervention programs, criminal and juvenile justice evaluations;
e. An order for an award of compensatory damages;
f. An order for an award of punitive damages;
g. An order for an award of exemplary damages;
h. An order for equitable relief;
i. An order for pre-judgment and post-judgment interest;
j. An order for an award of reasonable attorney’s fees and litigation expenses; and
k. An order for all such other relief the court deems equitable.
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DEMAND FOR TRIAL BY JURY Plaintiffs demand a trial by jury as to all those issues triable as of right.

Dated: September 29, 2017

Respectfully submitted,

/s/ Theodore J. Leopold Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLL PLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone tleopold@cohenmilstein.com
Kit A. Pierson Joseph M. Sellers Emmy L. Levens Jessica Weiner COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone kpierson@cohenmilstein.com jsellers@cohenmilstein.com elevens@cohenmilstein.com jweiner@cohenmilstein.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone vbhatia@susmangodfrey.com sraymond@susmangodfrey.com

/s/ Michael L. Pitt Michael L. Pitt Cary S. McGehee PITT MCGEHEE PALMER & RIVERS, P.C. 117 West 4th Street Suite 200 Royal Oak, MI 48067 (248) 398-9800 Telephone mpitt@pittlawpc.com cmcgehee@pittlawpc.com
Paul Novak (P39524) Diana Gjonaj (P74637) Gregory Stamatopoulos (P74199) WEITZ & LUXENBERG, P.C. 719 Griswold Street Suite 620 Detroit, MI 48226 pnovak@weitzlux.com dgjonaj@weitzlux.com gstamatopoulos@weitzlux.com
Robin L. Greenwald WEITZ & LUXENBERG, P.C. 700 Broadway New York, NY 10003 (212) 558-5500 rgreenwald@weitzlux.com
Esther E. Berezofsky BEREZOFSKY LAW GROUP, LLC Woodland Falls Corporate Center
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Stephen Morrissey Jordan Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey.com jconnors@susmangodfrey.com
Peretz Bronstein Shimon Yiftach BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 (212) 697-6484 Telephone peretz@bgandg.com shimony@bgandg.com
Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org
Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310) 789-3100 Telephone khoek@susmangodfrey.com

210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002-1163 (856) 667-0500 eberezofsky@wcblegal.com
Teresa Caine Bingman (P56807) THE LAW OFFICES OF TERESA A. BINGMAN, PLLC 4131 Okemos Road, Suite 12 Okemos, MI 48864 (877) 957-7077 Telephone tbingman@tbingmanlaw.com
William Goodman (P14173) Julie H. Hurwitz (P34720) Kathryn Bruner James (P71374) GOODMAN & HURWITZ PC 1394 E. Jefferson Ave Detroit MI 48207 (313) 567-6170 Telephone bgoodman@goodmanhurwitz.com jhurwitz@goodmanhurwitz.com
Deborah A. LaBelle (P31595) LAW OFFICES OF DEBORAH A. LABELLE 221 N. Main St Ste 300 Ann Arbor MI 48104 (734) 996-5620 Telephone deblabelle@aol.com
Trachelle C. Young (P63330) TRACHELLE C. YOUNG & ASSOC. PLLC 2501 N. Saginaw St Flint MI 485054443 (810) 239-6302 Telephone trachelleyoung@gmail.com
Brian McKeen P34123
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Neal H. Weinfield THE DEDENDUM GROUP (312) 613-0800 Telephone nhw@dedendumgroup.com
Cirilo Martinez (P65074) LAW OFFICE OF CIRILO MARTINEZ, PLLC 3010 Lovers Lane Kalamazoo, MI 49001 (269) 342-1112 Telephone martinez_cirilo@hotmail.com
David J. Shea SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw.com

Claire Vergara P77654 McKEEN & ASSOCIATES, PC 645 Griswold Street, Suite 4200 Detroit, Michigan 48226 (313) 961-4400 Telephone BjMcKeen@mckeenassociates.com Cvergara@mckeenassociates.com
Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) CYNTHIA M. LINDSEY & ASSOCIATES, PLLC 8900 E. Jefferson Avenue, Suite 612 Detroit, MI 48214-2859 (248) 766-0797 Telephone cynthia@cmlindseylaw.com shermane@cmlindseylaw.com
Andrew P. Abood (P43366) ABOOD LAW FIRM 246 East Saginaw Street, Suite One East Lansing, Michigan 48823 (517) 332-5900 Telephone andrew@aboodlaw.com

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was filed with the U.S. District Court through the ECF filing system and that all parties to the above case were served via the ECF filing system on September 29, 2017.
/s/ Emmy L. Levens
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 5:16-cv-10444-JEL-MKM Doc # 238 Filed 10/27/17 Pg 1 of 157 Pg ID 8737
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
Elnora Carthan; Rhonda Kelso, individually and as next of friend of K.E.K, a minor child; Darrell and Barbara Davis; Michael Snyder, as personal representative of the Estate of John Snyder, deceased; Marilyn Bryson; Case No.: 5:16-cv-10444-JEL-MKM David Munoz; Tiantha Williams, individually and as next of friend of Hon. Judith E. Levy T.W., a minor child; Amber Brown, as Magistrate Judge Mona K. Majzoub next of friend of K.L.D, a minor child; Frances Gilcreast; EPCO Sales, LLC; Angelo’s Coney Island Palace, Inc., on behalf of themselves and all others similarly situated,
Plaintiffs,
-v-
Governor Rick Snyder, in his individual and official capacities; the State of Michigan; the City of Flint; Daniel Wyant, in his individual capacity; Andy Dillon, in his individual capacity; Nick Lyon, in his individual capacity; Nancy Peeler, in her individual capacity; Liane Shekter-Smith, in her individual capacity; Adam Rosenthal, in his individual capacity; Stephen Busch, in his individual capacity; Patrick Cook, in his individual capacity; Michael Prysby, in his individual capacity; Bradley Wurfel, in his individual capacity; Jeff Wright, in his individual capacity; Edward Kurtz, in

5:16-cv-10444-JEL-MKM Doc # 238 Filed 10/27/17 Pg 2 of 157 Pg ID 8738
his individual capacity; Darnell Earley, in his individual capacity; Gerald Ambrose, in his individual capacity; Dayne Walling, in his individual and official capacities; Howard Croft, in his individual capacity; Michael Glasgow, in his individual capacity; Daugherty Johnson, in his individual capacity; Lockwood, Andrews & Newnam, P.C.; Lockwood, Andrews & Newnam, Inc.; Leo A. Daly Company; Veolia North America, LLC; Veolia North America, Inc.; Veolia Water North America Operating Services, LLC,
Defendants.
CONSOLIDATED AMENDED CLASS COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF, MONEY DAMAGES, AND JURY DEMAND

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TABLE OF CONTENTS
INTRODUCTORY STATEMENT .................................................................................................1 SUMMARY OF THE ENGINEERING DEFENDANTS’ MISCONDUCT ..................................2 SUMMARY OF THE CONSTITUTIONAL AND CIVIL RIGHTS VIOLATIONS
AND INJURIES CAUSED BY THE GOVERNMENTAL DEFENDANTS.....................3 JURISDICTION AND VENUE ......................................................................................................5 PARTIES .........................................................................................................................................7
A. Plaintiffs ...................................................................................................................7 B. Engineering Defendants .........................................................................................17 C. Government Defendants ........................................................................................25 STATEMENT OF FACTS ............................................................................................................33 A. Dangers From the Flint River Water Have Been Well-Known for
Decades ..................................................................................................................34 B. Despite These Well-Known Dangers, Defendants Decided to Use Flint
River Water as the Primary Water Source for the City of Flint.............................36 C. The LAN Defendants Failed to Meet Their Duties of Care and
Competence as Design Engineers for the Flint Water Treatment Plant ................44 D. Numerous Signs of the Public Health Crisis Caused By the
Contaminated Water Were Evident Within Weeks of the Switch .........................50 E. The LAN and Veolia Defendants Were Asked to Evaluate the
Problems, But Failed to Do So Properly................................................................56 F. The LAN and Veolia Defendants Fail to Conduct a Root Cause
Analysis..................................................................................................................62 G. The LAN and Veolia Defendants’ Conclusions Made the Crisis Worse...............67 H. Despite the Numerous Signs of the Growing Crisis, the Government
Defendants Failed to Act, and Concealed Known Dangers From the Plaintiffs .................................................................................................................73
i

5:16-cv-10444-JEL-MKM Doc # 238 Filed 10/27/17 Pg 4 of 157 Pg ID 8740 I. Defendants’ Misconduct Has Caused the Plaintiffs to Suffer Devastating Health Effects and Other Personal Injuries........................................92 J. Defendants’ Misconduct Has Also Caused the Plaintiffs to Suffer Extensive Property Damage and Monetary Losses. ..............................................97 K. Defendants’ Misconduct Has Resulted in Criminal Indictments and Other Government Investigations ........................................................................104 L. Efforts to Remediate the Harms Alleged Herein Are Inadequate........................107
CLASS ALLEGATIONS ............................................................................................................108 PRAYER FOR RELIEF ..............................................................................................................149 DEMAND FOR TRIAL BY JURY .............................................................................................150
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INTRODUCTORY STATEMENT 1. This class action is pursued on behalf of about 100,000 residents and other Flint water users—adults, children, workers, students, business owners, homeowners, multi-unit property owners, and all other victims of Defendants’ unconstitutional and unlawful conduct—who from April 25, 2014 to the present (the “Class Period”), have experienced and will continue to experience serious personal injury and property damage caused by Defendants’ deliberate, reckless, and negligent misconduct. Defendants caused a public health crisis by exposing Plaintiffs to contaminated water. Defendants also exacerbated the crisis by concealing and misrepresenting its scope, failing to take effective remedial action to eliminate it, and then lying about it to cover up their misconduct. 2. Two groups of Defendants are responsible for the severe harm suffered by the Plaintiffs. A group of engineering companies, including Lockwood, Andrews & Newnam, P.C. (“LAN PC”), Lockwood, Andrews & Newnam, Inc. (“LAN Inc.”), Leo A. Daly Company (“LAD”), Veolia North America, LLC (“Veolia LLC”), Veolia North America, Inc. (“Veolia Inc.”), and Veolia Water North America Operating Services, LLC (“Veolia Water”) are referred to collectively herein as the “Engineering Defendants.” A group of government officials and bodies, including Governor Rick Snyder, the State of Michigan, Daniel Wyant, Nick Lyon, Nancy Peeler, Andy Dillon, Liane Shekter-
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Smith, Adam Rosenthal, Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Jeff Wright, Edward Kurtz, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow, Daugherty Johnson, and the City of Flint are collectively herein referred to as the “Government Defendants.”
SUMMARY OF THE ENGINEERING DEFENDANTS’ MISCONDUCT i. Professional and Common Law Negligence in Engineering
Services Related to Distribution of Water From Flint River: Plaintiffs have sustained serious injuries as a result of the Engineering Defendants’ professional negligence in their duties relating to the distribution of water from the Flint River using the Flint Water Treatment Plant (“FWTP”), and in failing to report the dangers associated with not installing proper anti-corrosive treatment when using the Flint River as a primary source of water.
ii. Professional and Common Law Negligence and Fraud in Declaring Flint Water Safe and Potable: Plaintiffs have sustained serious injuries as a result of the Engineering Defendants’ professional negligence in failing to properly evaluate Flint’s water system and in publicly declaring its water safe and potable. The Engineering Defendants failed to conduct a root cause analysis, which would have revealed that the pipes were corroding and causing lead, legionella, and other contaminates to enter residents’ homes. The Engineering Defendants also failed to mention that the addition of a corrosion inhibitor was
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necessary to prevent these serious and well-known health issues, and mandated the

usage of highly acidic ferric chloride, rather than advising that the pH of the water

should be increased. The Engineering Defendants also were professionally

negligent and committed fraud in their effort to cover up their mistakes by

knowingly or recklessly misinforming the public about the existence and extent of

the public health crisis.

SUMMARY OF THE CONSTITUTIONAL AND CIVIL RIGHTS VIOLATIONS AND INJURIES CAUSED BY THE GOVERNMENTAL
DEFENDANTS
iii. Due process based on state created danger doctrine: Plaintiffs

have sustained violations of their substantive due process rights, including their

fundamental right to not have the state create, inflict and/or exacerbate dangers

through the culpable actions of public officials;

iv.

Due process based on bodily integrity doctrine: Plaintiffs have

sustained violations of their substantive due process rights, including their

fundamental right to not have their bodily integrity violated;

v. Equal protection, race: Plaintiffs have sustained serious

injuries as a result of some of the Government Defendants’ decision to deliver a

superior water product to the water users in the remainder of Genesee County

because that community was predominately white, while at the same time

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delivering a grossly inferior water product to water users in Flint because that community was predominately African American;
vi. Equal protection, wealth: Plaintiffs have sustained serious injuries as a result of some of the Government Defendants’ decision to protect the health of the water users in the remainder of Genesee County because that community was predominately more affluent and at the same time disregard the health of water users in Flint because that community was predominately poor.
vii. Monell Claim: Plaintiffs have sustained violations of their fundamental substantive due process rights, including their right to bodily integrity, their right to be protected from state created danger, and their right to equal protection of the laws, all pursuant to the customs, policies, and/or practices of Defendant City of Flint;
viii. Violation of 42 U.S.C. § 1985(3): Plaintiffs have sustained serious injuries as a result of the conspiracy of two or more of the Government Defendants to directly or indirectly conspire to violate Plaintiffs’ constitutional rights, said conspiracy being based on invidious racial animus; and
ix. Violation of Elliot Larsen Civil Rights Act (“ELCRA”): Plaintiffs have sustained serious injuries as a result of their denial of the full and equal enjoyment of services provided by some of the Defendants because they were residents of a predominately African American community;
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3. Plaintiffs sustained personal injury, property damage, economic damage, and emotional injury as a result of Defendants’ conduct, as described herein, and set forth in more detail below.
JURISDICTION AND VENUE 4. This is a civil action brought pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief together with monetary damages against the Government Defendants for violations of the Thirteenth and Fourteenth Amendments of the United States Constitution, and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, et seq. 5. The Court has jurisdiction pursuant to 28 U.S.C. § 1331, which authorizes federal courts to decide cases concerning federal questions; 28 U.S.C. § 1343(a)(3) and (4), which authorizes federal courts to hear civil rights cases; and 28 U.S.C. § 2201, the Declaratory Judgment Act and supplemental jurisdiction pursuant to 28 U.S.C. § 1367. 6. The Court also has diversity jurisdiction under 28 U.S.C. § 1332(d). The matter in controversy in this suit exceeds $5,000,000, exclusive of interest and costs. This is a class action in which at least one plaintiff is a citizen of the State of Michigan, and at least one defendant is a citizen of a different state—in particular, Defendant LAN, Inc. is a citizen of the State of Texas and Defendant Veolia is a citizen of the States of Delaware and Illinois.
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7. The Court has personal jurisdiction over the Engineering Defendants because each of them have personally availed themselves of the benefits and protections of the State of Michigan. Each of the Engineering Defendants conducted business and committed torts in Michigan, by themselves and their agents and/or alter egos, which caused Plaintiffs to suffer severe personal and property injuries in Michigan. As such, the Court has personal jurisdiction over the Engineering Defendants pursuant to MCL 600.705 and MCL 600.715.
8. The Court has personal jurisdiction over the Government Defendants named herein as public officials of the State of Michigan, including the Emergency Managers, sued in their individual capacities; and public officials and employees of the City of Flint, sued in their official and individual capacities; the Genesee County Drain Commissioner, sued in his official and individual capacity; and the City of Flint for its customs, policies, or practices which affirmatively caused and/or contributed to the violations of Plaintiffs’ Constitutional rights.
9. Similarly, this Court has personal jurisdiction over the Governor of the State of Michigan, in his individual and official capacity, and the State of Michigan for prospective relief.
10. Venue is proper in this Court because the original injury and damage occurred in the Eastern District of Michigan, Defendants reside or conduct business in the Eastern District of Michigan, Plaintiffs reside in the Eastern District
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of Michigan and/or own property located in the Eastern District of Michigan that was damaged, and many of the occurrences described herein occurred in the Eastern District of Michigan.
PARTIES A. Plaintiffs 11. Plaintiff Elnora Carthan is a 72 year old widow who lives alone at a home she owns in Flint, Michigan where she has lived since 1976. Throughout the Class Period, Ms. Carthan received water serviced from the City of Flint at her home. In April 2014, Ms. Carthan began to boil her water but also continued to cook with it and to wash and bathe with it. In August 2015, Virginia Polytechnic Institute and State University (“Virginia Tech”) tested her water for lead and other metals; that test revealed that the lead levels in her water vastly exceeded the maximum levels allowed under standards set forth by the federal Environmental Protection Agency (“EPA”), and were, in fact, extremely dangerous. 12. As a direct and proximate result of Defendants’ conduct, as set forth herein, Ms. Carthan has suffered property damage as well as a diminution in the value of her property. Additionally, as a direct and proximate cause of Defendants’ conduct, she experienced and continues to experience serious physical and emotional injury due to her exposure to toxic water, including but not limited to: skin lesions and dermatologic pathology; neurological disorders, including but
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not limited to constant exhaustion and memory loss; chronic and acute respiratory disorders including, but not limited to, chronic rhinitis; other significant medical injuries; and psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder, and an inability to cope with normal stress. Finally, as a direct and proximate result of Defendants’ actions, as set forth herein, Ms. Cathan has further experienced property damages, as well as a diminution in the value of her property.
13. Plaintiff Rhonda Kelso, individually and on behalf of her minor child, “K.E.K,” suffered the following injuries. Ms. Kelso is a 54 year old woman who suffers from several disabilities including the results of a stroke, spastic paraparesis, and bi-polar disorder. She owns her home located in Flint, Michigan. She and her family have lived in that home since 1993. As a result direct and proximate result of Defendants’ conduct, Ms. Keslo has suffered property damages including damages to her water pipes and a diminution in the value of her property. Ms. Keslo has also suffered extreme disruption, inconvenience, discomfort, and emotional distress. Ms. Kelso lives at the aforementioned home with her minor daughter K.E.K. who is 14 years old. K.E.K. is a special needs student in school and suffers from a number of disabilities including, but not limited to hearing impairment, cardiac problems, and developmental delays involving speech and language. Both Rhonda Kelso and K.E.K. drank the toxic water from April 2014
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until the autumn of 2014. They bathed, washed, and cooked with the water until at least January 2015.
14. Plaintiffs Darrell and Barbara Davis live in and own a home in Flint, Michigan. Plaintiffs Barbara and Darryl Davis have suffered from skin problems including rashes and other medical issues, as a direct and proximate cause of Defendants’ conduct as alleged herein. From 2014 through the present, Plaintiff Barbara Davis has been employed by Flint Community Schools, a school district headquartered in Flint, Michigan, and has worked in schools with high lead levels. As a direct and proximate result of Defendants’ conduct, while working at Holmes STEM Academy, located at 6602 Oxley Drive, Flint, Michigan and Eisenhower Elementary School, 1235 Pershing Street Flint, Michigan, two Flint Community Schools, Plaintiff Barbara Davis developed skin rashes from contact with contaminated water.
15. As a direct and proximate result of Defendants’ conduct, Plaintiff Barbara Davis has been forced to move out of her home in Flint on several occasions beginning in approximately August 2015 and ending in approximately April 2016. Thus, the family was separated with Plaintiff Darryl Davis remaining in Flint and his wife living in either Nevada or Louisiana. After having abated while away from her home, each time she returned to Flint, Ms. Davis’s skin
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rashes recurred. Plaintiffs Barbara and Darrell Davis also endured pain, suffering, and profound emotional distress as a result of the water contamination.
16. Finally, as a direct and proximate result of Defendants’ conduct, the Davises have sustained damage to their property, including, but not limited to, costs associated with remediating the water service lines and plumbing as well as in the diminution of the value of the property. The contamination of their water supply has unreasonably interfered with all aspects of daily living, quality of life, and the use and enjoyment of the property; as a result, Mr. and Mrs. Davis have incurred substantial expense in coping with the inconvenience and disruption to their lives, including, but not limited to, the cost of bottled water, transportation, and medical care.
17. Plaintiff Michael Snyder, son of John Snyder, was appointed Personal Representative of the Estate of John Snyder by a Genesee County Probate Court Judge on August 15, 2015. John Snyder died at the age of 83 on June 30, 2015 while at McLaren Hospital in Flint. Mr. Snyder was admitted to McLaren Hospital because of right shoulder swelling on June 16, 2015. He was discharged on June 25, 2015 to the home of his daughter Mary-Anne Tribble. Ms. Tribble’s home is located on Secluded Lane, Flint. Two days later, Mr. Snyder was transported by ambulance from his daughter’s home to the Linden, Michigan Caretel Inns for assisted living care.
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18. Mr. Snyder went to Caretel because his health was deteriorating. At approximately 3:45AM on June 30, 2015, Mr. Snyder was taken by ambulance from Caretel to the emergency room at McLaren in Flint because of acute respiratory failure “most likely secondary due to healthcare-associated pneumonia.” He passed away soon thereafter. McLaren Hospital records establish that Mr. Snyder had the legionella antigen in his urine. Mr. Snyder died because of pneumonia caused by exposure to legionella bacteria which he acquired through exposure to contaminated Flint River water flowing through Flint’s water supply.
19. Mr. Snyder is survived by daughter Mary-Anne Tribble (DOB: July 1951), son Michael Snyder (DOB: May 1950), son John Snyder (DOB: August 1952), and six grandchildren. Defendants’ deliberately indifferent wrongful conduct as alleged in this Complaint caused the death of Mr. Snyder. The Estate of John Snyder and his survivors seek compensation for lost earnings and other economic losses such as funeral expenses and uninsured medical expenses; pain and suffering of the decent prior to his death, mortification, loss of society and companionship, and other damages flowing from Mr. Snyder’s wrongful death.
20. Plaintiff Marilyn Bryson is a 58 year old woman who has lived at the same home in Flint, Michigan for 40 years. Mrs. Bryson’s home has lead plumbing. During the relevant time period, Mrs. Bryson used the toxic water in her home for purposes that included, but were not limited to, cooking and bathing.
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Mrs. Bryson took frequent baths during the relevant time period due to symptoms from menopause, and noticed a strong odor in her water that would change from time to time. At first, her water smelled like rotten eggs and then the smell changed to a strong bleach-like odor. Mrs. Bryson was admitted to the emergency room in July 2015 with vomiting and diarrhea that had lasted for several weeks. During this time, Mrs. Bryson lost more than 20 pounds. She was subsequently diagnosed with a urinary tract infection and testing revealed E. coli.
21. As a direct and proximate result of Defendants’ actions, as set forth herein, Mrs. Bryson has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to E. coli and urinary tract infections. Also as a direct and proximate result of Defendants’ actions, as set forth herein, Mrs. Bryson has suffered property damage, as well as a diminution in the value of her property.
22. Plaintiff David Munoz has lived in Flint, Michigan his entire life and has owned a home there for over 20 years. As a direct and proximate result of Defendants’ conduct, Mr. Munoz suffered personal and property damages as well as a diminution in the value of his property.
23. Plaintiff Tiantha Williams, individually and on behalf of her minor child, “T.W.,” suffered the following injuries. Ms. Williams, age 40, is the daughter of VanNessa Taylor, age 62 and the mother T.W., age 22 months. The
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Williams/Taylor family at all relevant times lived in a single-family home on West Genesee in Flint. Since April 25, 2014, the Williams/Taylor family continues to be exposed to highly dangerous conditions created by Defendants’ use of the Flint River as a water source, and Defendants’ continued failure to remediate these harmful and toxic conditions. From April 25, 2014 until approximately December 2015, members of the Williams/Taylor family, unaware of the toxic nature of the tap water supplied by Flint, regularly used the water for drinking, cooking, bathing/showering, and clothes washing. The Williams/Taylor family continued to consume, wash, bathe, and wash dishes and clothing in the water until December 2015, when the family became aware of the highly toxic and harmful nature of the supplied water. Prior to that time, the family trusted previous reports that the condition of the water was not an immediate health emergency. They also relied on statements about the safety of the water that were made in public forums.
24. It was not until December 2015, when the city of Flint declared a State of Emergency, that the Williams/Taylor family stopped drinking the water; however, Tiantha Williams and VanNessa Taylor have consistently bathed and showered in the water. T.W. was born on December 15, 2015, preterm, during the 28th week of gestation. Upon birth, he stopped breathing 3 times and was revived. Following his birth, T.W. remained in the hospital for 1 month and 2 weeks in the Hurley Medical Center Neonatal Intensive Care Unite (NICU), being sustained by
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a heart monitor and oxygen therapy. After giving birth to T.W. on December 15, 2015, Tiantha Williams was diagnosed with listeria-infected amniotic fluid.
25. As a direct and proximate result of Defendants’ actions, as set forth herein, Tiantha Williams has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to listeria-infected amniotic fluid; hair loss, skin rashes and other skin problems; sleeping disorders; and psychological disorders such as depression, chronic anxiety, post-traumatic stress disorder, and a difficulty coping with normal stress.
26. As a direct and proximate result of Defendants’ actions, as set forth herein, T.W. has experienced serious physical and emotional injury due to his exposure to the toxic water, including but not limited to premature birth at 28 weeks gestation; excessive crying and irritability; sleeping disorders; delayed physical development; and expressive language delay.
27. Plaintiff Amber Brown, on behalf of her minor child, “K.L.D.,” suffered the following injuries. Ms. Brown is a 33 year old woman residing in Flint, Michigan. Ms. Brown’s minor daughter, K.L.D., was born on November 28, 2014. During her pregnancy, Ms. Brown resided in Flint, Michigan, and used the tap water for drinking, cooking, and washing. As a direct and proximate result of Defendants’ conduct, K.L.D. has experienced serious physical injury due to her
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exposure to the toxic water, including, but not limited to, heightened levels of lead in her blood.
28. Plaintiffs Elnora Carthan, Rhonda Kelso, individually and on behalf of her minor child, K.E.K., Darrell and Barbara Davis, Michael Snyder, Marilyn Bryson, David Munoz, Tiantha Williams, individually and on behalf of her minor child, T.W., and Amber Brown, on behalf of her minor child, K.L.D., are referred to collectively herein as, “Individual Plaintiffs.”
29. Plaintiff Frances Gilcreast resides in Mt. Morris, Michigan. FG&S Investments, located at 4322 E. Mt. Morris Road, Mt. Morris, Michigan 48458, is a partnership owned and operated by Ms. Gilcreast and her husband, Aonie Gilcreast. Ms. Gilcreast, through FG&S Investments, owns multiple properties in Flint, Michigan that are serviced by water provided by the City of Flint. As a direct and proximate result of Defendants’ conduct described herein, Ms. Gilcreast has suffered property damage, lost rental and business income, and diminution in the value of her properties.
30. Plaintiff EPCO Sales, LLC (“EPCO”) is a domestic limited liability company located at 601 Kelso Street, Flint, Michigan 48506. EPCO is a family owned and operated company that engineers and makes architectural and functional hardware products for commercial and residential buildings, and has resided at its current location in Flint since 1965. EPCO provides services to the
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residents of Flint at all times relevant to this Complaint. Plaintiff EPCO received its water from the City of Flint and paid its water bill to the City in accordance with its contract. In exchange, EPCO received toxic and contaminated water not fit for human use and consumption. As a direct and proximate result of Defendants’ conduct described herein, EPCO has suffered property damage as well as a diminution in the value of its property.
31. Plaintiff Angelo’s Coney Island Palace Inc., (“Angelo’s Coney Island”) is a Michigan Corporation located at 1807 N. Franklin Avenue, Flint, Michigan 48506. Angelo’s Coney Island is a restaurant chain doing business in Flint, Michigan since 1949. Angelo’s Coney Island has been significantly injured in its business and property as a direct and proximate result of Defendants’ conduct, as set forth herein. Customer traffic at Angelo’s Coney Island and similarly situated restaurants dropped considerably once the issues with Flint’s water became known, leading to a substantial drop in revenue and profits thereby also impairing the value of the business. Additionally, Angelo’s Coney Island has suffered property damages.
32. Plaintiffs Frances Gilcreast, EPCO, and Angelo’s Coney Island are referred to collectively herein as, “Business Plaintiffs.” The Business Plaintiffs and Individual Plaintiffs are referred to collectively as, “Plaintiffs.”
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33. Plaintiff representatives have at all times relevant been residents of Flint, Michigan and citizens of the State of Michigan who have suffered personal injuries as a result of exposure to the City of Flint’s drinking water, and/or property owners who have had property located in Flint damaged from exposure to the City of Flint’s drinking water, and/or have suffered or continue to suffer economic harm caused by the City of Flint’s drinking water.
34. Plaintiff representatives bring this action on behalf of themselves and a Class of individuals and entities who were injured in their persons or their property after April 25, 2014.
35. Unless otherwise noted, the term “Plaintiffs,” as used in this Consolidated Amended Complaint, shall mean Plaintiffs and all members of the Class they purport to represent.
B. Engineering Defendants 36. Defendant LAN PC is a Michigan professional corporation with its principal place of business located at 1311 S. Linden Road, Suite B, Flint, Genesee County, Michigan 48532. In 2008, LAN PC was incorporated by LAN Inc., after it was retained to conduct studies and reports of a new water supply that was being developed for Flint, Genesee County. At this Flint location, LAN PC held itself out to the world as a LAD company. Upon information and belief, substantial
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amount of work and services provided by LAN PC were conducted at LAN Inc.’s Chicago, Illinois location.
37. Defendant LAN Inc. is a Texas corporation with its principal place of business in Houston, Texas. At all relevant times, LAN Inc. conducted business in Genesee County, Michigan through LAN PC. Per its website, LAN Inc.’s Michigan office is located at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. holds itself out as a full-service consulting firm offering planning, engineering, and program management services, including civil infrastructure engineering and municipal water treatment and design. At all relevant times, LAN Inc. held itself out to be a LAD company.
38. Defendant LAD is a Nebraska corporation with its principal place of business in Omaha, Nebraska. Per its website, LAD’s “[s]ervices are extended through [LAN Inc.].” LAD’s website advertises that it has “experience, creativity and technical experience . . . in every service we offer[,]” which includes “[p]lanning, architecture, engineering and interior design, and program management [] delivered by multidisciplinary teams hand-picked to provide the precise combination of expertise required for project success.” Additionally, LAD’s website indicates: “[a]s a multi-disciplinary firm, engineering is an integral part of our process from the beginning of each project. Our engineers work closely with planners, architects and interior designers . . . . Our in-house engineers also
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provide services for engineering projects independent of architectural design services.”
39. The corporate structure of LAD and LAN Inc. is such that LAD exerts nearly unfettered control over its subsidiary. The top executives between Defendants are identical—Leo A. Daly, III serves as Chairman and CEO of both LAD and LAN Inc., and Dennis W. Petersen is the President of both. Three of LAN Inc.’s seven directors are high ranking LAD executives, including Mr. Daly, Mr. Petersen, and James B. Brader, the CFO of LAD. While LAN Inc. does not appear to retain a CFO, LAD’s CFO is one of LAN Inc.’s seven board members. On information and belief, Mr. Brader serves as the de facto CFO of LAN Inc. and controls LAN Inc.’s finances. LAD and LAN Inc. share offices in Houston (LAN’s principal place of business), Los Angeles, and Miami. The relationship between these entities is exemplified by the footer on the bottom of the “Final Operational Report, Trihalomethane Formation Concern,” which lists the author as “LAN, Lockwood, Andrews & Newnam, Inc. A Leo A Daly Company.” Both this document and the LAN Inc. website, http://www.lan-inc.com/, include the logo:
Similarly, LAN’s Flint office boasts the following sign clearly describing it as, “A Leo A Daly Company”:
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40. Defendants LAN PC, LAN Inc., and LAD (collectively “LAN” or “LAN Defendants”) are defendants in this action based on their collective failure to properly place the Flint Water Treatment Plant into operation using the Flint River as a primary source, specifically neglecting to ensure the viability of the water source for use by the public; failing to insist upon and implement the necessary safeguards through the plant to allow the water to be safely consumed by the public; and failure to report the dangers associated with not installing proper anti-corrosive treatment when using the Flint River as a primary source of drinking water. The LAN Defendants worked in concert in negligently advising the government and thereby causing the damage alleged herein. In addition to the alter ego allegations above, the entities are referred to collectively because they acted in concert and their acts overlapped or were identical.
41. Defendant Veolia LLC is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
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42. Defendant Veolia Inc. is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
43. Defendant Veolia Water is a Delaware Limited Liability Company with its principal place of business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
44. Veolia LLC, Veolia Inc., and Veolia Water design and provide water solutions for communities and industries across North America under the banner “Veolia North America.”
45. Non-party Veolia Environment S.A. is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia Environment S.A. provides its services through, and thus derives its revenues from, its four global divisions—water management, waste management, public transport, and energy services. The divisions provide its services across the globe, and in North America, those services are provided under the aforementioned moniker “Veolia North America.”
46. In or around 2005, Veolia Environment S.A. united these four global divisions under a single umbrella, and since then, has held out itself and all other Veolia entities to the world simply as one “Veolia.” Indeed, Veolia
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Environment S.A. adopted this simple “Veolia” branding across all of its businesses, which is evidenced on its website and press releases.
47. The four global divisions are composed of the subsidiaries and other businesses owned and otherwise controlled by Veolia Environment S.A.
48. Veolia Environment S.A. and its divisions also underwent a restructuring beginning around 2011. As described by Veolia Environment S.A. Chair and CEO Antoine Frerot, “[o]ur new organization is based on some simple principles—operating as an integrated company, establishing a single Veolia in each country, setting up regional management teams and strengthening corporate management functions.” Veolia 2013 Annual and Sustainability Report at 10. In other words, “[t]he new Veolia is one Veolia.” Id. at 14.
49. As a result, the corporate structure of Veolia Environment S.A., Veolia LLC, Veolia Inc., and Veolia Water (the latter three collectively, “Veolia” or “Veolia Defendants”) is such that Veolia Environment S.A. exerts nearly unfettered control over the entire Veolia empire. The Veolia Defendants hold themselves out to the world as a single entity, examples of which are numerous and readily observed in the public domain. For example, the Veolia website makes no effort to distinguish or advertise any distinct legal entities, instead grouping them together and collectively presenting themselves to the world as “Veolia.” When “Veolia” advertises the number of its employees and reports its annual revenue, it
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does so collectively. And Veolia markets itself as “Veolia, which is the world’s largest water services and technology company.”
50. In Flint, Michigan specifically, a February 10, 2015 joint press release stated:
The City of Flint has retained a team of urban water experts from Veolia North America to conduct an analysis of the city’s water system. Veolia, which is the world’s largest water services and technology company, will assess how Flint’s water is tested and distributed, including reviewing water treatment processes and operations, laboratory testing and analysis, and engineering reports that detail the city’s treatment and distribution systems. 51. And, in a February 2015 Veolia Water Quality Report, which forms part of the basis of Plaintiffs’ claims and has caused plaintiffs severe injuries, the Veolia Defendants refer to themselves simply as “Veolia.” 52. Upon information and belief, the Veolia Defendants are controlled by the same top executives and revenues are commingled and reported as one. As such, the Veolia Defendants disregard corporate formalities and do not adequately or separately capitalize each of their respective businesses. 53. The Veolia Defendants have abused the corporate form to avoid liability in this matter. Indeed, while it appears Veolia Water may have executed the subject contract with the City of Flint, the Veolia Defendants, together, as indistinguishable entities, performed services, and presented their conclusions as
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“Veolia.” At all times relevant, the Veolia Defendants have represented to the world that they are not distinct legal entities but rather one and the same.
54. The Veolia Defendants collectively maintain several offices in Michigan, including Westland, Livonia, and Grand Rapids, where they regularly conduct business.
55. The Veolia Defendants are parties to this action based upon providing professionally negligent engineering services in reviewing Flint’s water system and declaring the water safe to drink. The Veolia Defendants worked in concert in negligently advising the government and thereby causing the damage alleged herein. In addition to the alter ego allegations herein, the entities are referred to collectively because they acted in concert and their acts overlapped or were identical.
56. Additionally, both the Veolia and LAN Defendants are parties to this action because, among other reasons, they were professionally negligent in several ways: These defendants (1) failed to conduct a root cause analysis which would have revealed that the pipes were corroding and causing lead and legionella to enter the residents’ homes; (2) failed to recognize at least several red flags that should alert a prudent engineer to extensive corrosion problems and lead to implementation of effective protective measures; (3) failed to advise the City that they were out of compliance with the Safe Drinking Water Act’s Lead and Copper
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Rule; (4) failed to advise the City that the addition of a corrosion inhibitor was necessary to prevent lead poisoning and Legionnaires’ disease; and (5) advised the City to use or even increase the dosage of highly acidic ferric chloride, rather than advising that the pH of the water should be increased.
C. Government Defendants 57. All individual Defendants are sued in their individual and/or official capacities as indicated below. 58. Defendant Rick Snyder is the Governor of the State of Michigan (“Governor”) and is vested with executive power pursuant to Art. V, Section 1 of the Michigan Constitution. The Governor is responsible for the management of state government for the health and welfare of its citizens and residents and is sued by Plaintiffs and the Class in both his individual capacity for compensation for the Plaintiffs, insofar as his deliberate conduct constituted an abuse and/or misuse of his authority, and, in his official capacity, for prospective equitable relief to correct the harm caused and prolonged by state government and to prevent future injury. The Governor is sued in his individual capacity for the injuries he caused to Plaintiffs resulting from his deliberately indifferent deprivation of Plaintiffs’ constitutional and civil rights. 59. Defendant State of Michigan (“the State”) operates its Department of Environmental Quality (“MDEQ”), which is the state department primarily
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responsible for the environmental safety and health of Michigan citizens and residents. The State is sued for injunctive and/or prospective relief, because, acting through MDEQ and its employees, it caused the public health crisis at issue in this case, concealed the harm that it caused, and has exacerbated and prolonged the injuries to Plaintiffs by failing to effectively remediate the harm it caused and concealed.
60. Daniel Wyant (“Wyant”) was Director of MDEQ and is sued by Plaintiffs in his individual capacity because he participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm.
61. Andy Dillon (“Dillon) was Treasurer for the State of Michigan and is sued by Plaintiffs in his individual capacity because he, along with the Governor, Jeff Wright, Dayne Walling, and Edward Kurtz, caused harm to Plaintiffs when he participated in the development of an interim water delivery plan in June 2013 which favored the predominately white Genesee County water users and discriminated against the water users in Flint, a predominantly African American community.
62. Nick Lyon (“Lyon”) was Director of the Michigan Department of Health and Human Services (“MDHSS”) and is sued by Plaintiffs in his individual capacity because he participated in the decisions that deliberately created,
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increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
63. Nancy Peeler (“Peeler”) was the MDHHS Director for the Program for Maternal, Infant and Early Childhood Home Visiting, and was the individual in charge of MDHHS’s childhood lead poisoning program. Peeler is sued in her individual capacity because during her term as an MDHHS employee, she participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm her department caused Plaintiffs.
64. Liane Shekter-Smith (“Smith”) was Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, holding that position until October 19, 2015 when she was removed from her position. Smith is sued in her individual capacity because during her term as Chief of Drinking Water for MDEQ, she approved and participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm her department caused Plaintiffs.
65. Adam Rosenthal (“Rosenthal”) was a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. Rosenthal is sued in his individual capacity because, as Water Quality Analyst for MDEQ, he approved and participated in, the decisions that deliberately created, increased, and prolonged the
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public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
66. Stephen Busch (“Busch”) was District Supervisor assigned to the Lansing District Office of the MDEQ. Busch is sued in his individual capacity because, as District Office Supervisor of MDEQ, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
67. Patrick Cook (“Cook”) was at all relevant times a Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. Cook is sued in his individual capacity because, as Water Treatment Specialist District of MDEQ, he approved of, and thereby participated in, the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
68. Michael Prysby (“Prysby”) was an Engineer assigned to District 11 (Genesee County) of the MDEQ. Prysby is sued in his individual capacity because, as Engineer assigned to District 11, he approved of, and thereby participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of harm his department caused Plaintiffs.
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69. Bradley Wurfel (“Wurfel”) was the Director of Communications for MDEQ. Wurfel is sued in his individual capacity because, as Director of Communications for MDEQ, he was responsible for the deliberately misleading and inaccurate communications that increased and prolonged the public health crisis at issue in this case and for making false statements and providing false assurances which caused harm to Plaintiffs.
70. Jeff Wright (“Wright”) has been the Genesee County Drain Commissioner since 2001. Wright is sued in his individual capacity because, as the Genesee Country Drain Commissioner, he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
71. Edward Kurtz (“Kurtz”) was the Emergency Manager of Flint appointed by the Governor in August 2012 and served in this capacity until July 2013. Kurtz is sued in his individual capacity because, during his term as Emergency Manager of Flint, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Kurtz is also sued because he conspired with other
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Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in or aided and/or abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
72. Darnell Earley (“Earley”) was the Emergency Manager of the City of Flint appointed by the Governor on November 1, 2013 and served in this capacity until January 12, 2015. Earley is sued in his individual capacity because, during his term as Emergency Manager of Flint, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Earley is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
73. Gerald Ambrose (“Ambrose”) was the Emergency Manager of the City of Flint appointed by the Governor on January 13, 2015 and served in this capacity until April 28, 2015. Ambrose is sued in his individual capacity because, during his term as Emergency Manager of Flint, he deliberately increased and
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prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Ambrose is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution.
74. Dayne Walling (“Walling”) was Mayor of Flint from August 4, 2009 until November 9, 2015 when he was unseated by Karen Weaver. Walling is sued in both his individual and official capacities. He is individually liable insofar as he personally approved of, and thereby participated in, the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs. Walling is also sued because he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment to the United States Constitution. Additionally, as Mayor, he was a policymaker for the Defendant City of Flint and
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as such his actions constituted customs, policies, and/or practices of the Defendant City of Flint, within the meaning of Monell.
75. Howard Croft (“Croft”) was Director of Public Works for the City of Flint. Croft is sued in his individual capacity because, as Director of Public Works, he approved of, and thereby participated in, the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs.
76. Michael Glasgow (“Glasgow”) was Utilities Administrator for the City of Flint. Glasgow is sued in his individual capacity because as Utilities Administrator, he deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs.
77. Daugherty Johnson (“Johnson”) was the Utilities Administrator for the City of Flint. Johnson is sued in his individual capacity because, as Utilities Administrator, he approved of, and thereby participated in the decisions that deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm he caused Plaintiffs.
78. The City of Flint (“Flint”) is a municipal corporation, so authorized by the laws of the State of Michigan that operates Department of Public Works and provides water to its residents and property owners as part of its responsibilities and
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services. Flint is a Defendant because, despite the protests of a number of elected and appointed officials within the organization, the municipal corporation itself, through its policies, customs, and practices deliberately created, increased, and prolonged the public health crisis at issue in this case and participated in the concealment of the harm it caused Plaintiffs. Flint is also sued because it deprived Plaintiffs of their civil and constitutional rights by violating Plaintiffs’ rights to full and equal enjoyment of public services as guaranteed under the ELCRA.
79. Defendants Kurtz, Earley and Ambrose as Emergency Managers, acted in both their individual capacities and as agents of the State of Michigan, and their official capacities as policy makers for Defendant City of Flint and as such their actions constituted customs, policies, and/or practices of Defendant City of Flint, within the meaning of Monell.
80. At all relevant times hereto, the conduct of Defendants Walling, Croft, Glasgow, and Johnson was pursuant to the customs, policies, and/or practices of Defendant City of Flint.
STATEMENT OF FACTS 81. This case arises from the tragic and preventable poisoning of the City of Flint. The outrageous acts and omissions of the Defendants have caused immeasurable and irreparable harm to Plaintiffs.
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A. Dangers From the Flint River Water Have Been Well-Known for Decades
82. On July 8, 1897, the City of Flint passed an ordinance requiring that all connections with any water mains shall be made with lead pipe.
83. The Flint Water Treatment Plant (“FWTP”) was constructed in 1917 to draw water from the Flint River as the source of Flint’s drinking water for nearly 50 years until 1964.
84. As early as 1964, the U.S. Geological Survey noted high levels of chloride in the Flint River. Due to the concerns regarding the adequacy of the Flint River to provide safe drinking water, Flint evaluated alternatives for a new water supply, and ultimately switched providers. From 1964 to 2014, Flint water users received their water from Lake Huron via purchase from the Detroit Water and Sewerage Department (“DWSD”). This water did not require treatment through the FWTP.
85. During this half-century, Flint water users enjoyed safe, clean, fresh water in their homes, businesses, hospitals, and other places of public services.
86. However, since approximately the 1990s, Flint and other local governmental entities had growing concerns over the cost of the DWSD water supply. Amidst these growing concerns, Flint and the other local governmental entities commissioned studies for alternative water supplies:
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a. A 2001 report by the Department of Natural Resources noted that certain businesses along the Flint River had permits to discharge runoff from industrial and mining activities as well as petroleum and gasoline cleanups.
b. In 2004, a technical assessment of the Flint River raised concerns about using the river as a source of drinking water. One of the key points from the technical assessment, entitled “Source Water Assessment Report for the City of Flint Water Supply—Flint River Emergency Intake,” prepared by the U.S. Geological Survey, the MDEQ, and the Flint Water Utilities Department, was that the Flint River was a highly sensitive drinking water source that was susceptible to contamination.
c. In 2006 and 2009, Flint and the local governmental entities completed additional studies for alternative water supplies. The 2009 study, prepared by the LAN Defendants and others, evaluated two alternatives for water supply—continue to purchase from DWSD, or construct a new pipeline (later known as the Karegnondi Water Authority (“KWA”) pipeline) from Lake Huron.
d. In 2011, Flint officials commissioned a study to determine if the Flint River could be safely used by the city as the primary source of drinking water. The “Analysis of the Flint River as a Permanent Supply for the City of Flint, July 2011” (“2011 Report”), prepared by Rowe Engineering and the LAN Defendants, cautioned against the use of the Flint River water and the dormant FWTP. The report concluded that “water from the river can be treated to meet current regulations; however, additional treatment will be required than for Lake Huron Water . . . . Although water from the river can be treated to meet regulatory requirements, aesthetics of the finished water will be different than that from Lake Huron.” The study further concluded that such treatments to Flint River water could be done if improvements were made to the FWTP. However, if used as a water supply, the study noted that “a source water protection management plan should be developed to . . . identify potential sources of contamination . . . .”
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e. The LAN Defendants also prepared an additional analysis, attached to the 2011 Report as an appendix, which detailed over $69 million in improvements that would have to be made to ring the FWTP up to current standards. This additional analysis specifically projected costs for corrosion control chemicals that would be required to ensure the safety of water to be drawn from the Flint River.
87. Use of the Flint River as a primary drinking source was rejected in 2011.
B. Despite These Well-Known Dangers, Defendants Decided to Use Flint River Water as the Primary Water Source for the City of Flint
88. In August 2012, the Governor appointed Edward Kurtz as Flint’s Emergency Manager.
89. In November of 2012, Kurtz wrote to State of Michigan Treasurer Andy Dillon suggesting that Flint join the yet to be formed KWA due to projected cost savings over DWSD. This was pursuant to the Emergency Manager’s mandate to cut costs, and consistent with political pressure from Genesee County Drain Commissioner Jeffrey Wright, who had encouraged the formation of the KWA in 2009.
90. Throughout 2012, DWSD presented to Kurtz, Wright, Dillon, Walling, and the Governor compelling arguments, based on numerous studies, demonstrating that from a cost and water reliability standpoint, Flint should reject Wright’s pressure to join KWA and continue to receive water from DWSD. Most
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of the discourse about Flint joining KWA or continuing with DWSD included Wright who consistently raised arguments designed to persuade Kurtz, Dillon, and the Governor that the DWSD cost studies were wrong.
91. In late 2012, Dillon, reacting to Wright’s contention that the DWSD cost studies were wrong, requested the independent engineering firm of Tucker, Young, Jackson and Tull (“TYJT”) to assess whether it would be costeffective for Flint to switch from water supplied by DWSD and join the KWA water delivery system. In February 2013, TYJT concluded that it would be more cost-effective for Flint on both a short term and long term basis to continue to be supplied with water from DWSD. In an email from Treasurer Dillon to Governor Snyder dated March 17, 2013, Dillon noted that the KWA representatives were misrepresenting the benefits of the deal and that the “(r)eport that I got is that Flint should stay w DWSD.”
92. Likewise, on March 26, 2013, Busch sent an email to Wyant, copying Shekter-Smith, discussing the risks associated with using the Flint River as a drinking water source for the City of Flint. Indeed, Busch stated that the use of Flint River water would pose increased health risks to the public, including a microbial risk, an increased risk of disinfection by-product [trihalomethanes often referred to as “Total Trihalomethanes” or “TTHM”]
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exposure, the triggering of additional regulatory requirements, and significant upgrades to the Flint Water Treatment Plant.
93. On March 27, 2013, MDEQ officials, sensing that Kurtz, Wright, Walling, and Dillon (in spite of his earlier email suggesting that Flint should “stay w DWSD”) were pushing the Governor to approve the KWA deal, acknowledged that the decision to switch the water source for Flint was not based on a scientific assessment of the suitability of the Flint River water. In the words of MDEQ Deputy Director Jim Sygo, “[a]s you might guess we are in a situation with Emergency Financial Managers so it’s entirely possible that they will be making decisions relative to cost.”
94. On March 28, 2013, in an email from Dillon to Governor Rick Snyder, with copies to numerous other Treasury officials and Wyant, Dillon recommended that he authorize KWA going forward, even though the independent firm he hired to perform a cost evaluation said staying with DWSD made the most economic sense. Dillon wrote the Governor, explaining that, “based upon today’s presentations to the DEQ by the City of Flint, KWA and the engineering firm (Tucker Young) Treasury hired to vet the options as to whether Flint should stay with DWSD or join KWA, I am recommending we support the City of Flint’s decision to join KWA. The City’s Emergency Manager, Mayor,
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and City Council all support this decision. Dan Wyant likewise concurs and will confirm via email.”
95. Governor Snyder was personally involved in the decisional process which led to the transition from DWSD to the KWA. Indeed, because both the City of Flint and the City of Detroit were under State of Michigan emergency management at the time, Snyder was briefed on reports from both Flint’s and Detroit’s emergency managers and issued directions to both managers as it related to the transition.
96. On April 4, 2013, Governor Snyder’s Chief of Staff Dennis Muchmore emailed Governor Snyder and stated that “(a)s you know, the Flint people have requested Dillon’s ok to break away from the DWSD.” Snyder instructed Muchmore, Dillon, Detroit’s Emergency Manager Kevin Orr, DWSD personnel, and Flint Emergency Manager Ed Kurtz to require DWSD to submit an additional offer to continue as Flint’s water provider before allowing Dillon to authorize the transition away from DWSD.
97. Later in April, DWSD submitted a final proposal to Flint’s Emergency Manager Ed Kurtz and the proposal, detailed background, and financial information were all forwarded to Governor Snyder by his Executive Director, Allison Scott, with an email stating “looks like they were following your instructions.”
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98. Shortly thereafter, Brom Stiblitz, a Senior Policy Advisor in the Michigan Department of Treasury emailed Snyder’s Executive Director, Ms. Scott, and informed her that Flint’s Emergency Manager Kurtz and Detroit’s Emergency Manager Orr had spoken and that “Flint will not accept the last offer from DWSD.” Again, Ms. Scott forwarded the information to Governor Snyder in an email dated April 29, 2013 and stated “(l)ooks like they adhered to the plan.”
99. Governor Snyder, in what is now understood to be a non-fiscal decision, authorized Kurtz, through Department of Treasury officials, to enter into a contractual relationship with KWA for the purpose of supplying water to Flint beginning in mid-year 2016.
100. Governor Snyder participated in discussions between his appointed Emergency Manager of Flint, Mr. Kurtz, and his appointed Emergency Manager of Detroit, Kevin Orr. At the time the Governor authorized Kurtz to contractually bind Flint to the KWA project, the Governor and State officials knew that the Flint River would be used as an interim source and that the use of the interim source had the backing of Snyder, Andy Dillon, and MDEQ Director Wyant.
101. In June 2013, Dillon, Kurtz, Wright, and Walling developed an interim plan (“Interim Plan”) to use the Flint River water before KWA became operational. The Interim Plan would cover 2.5 years (April 25, 2014 until approximately October 2016).
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102. Dillon, Kurtz, Wright, and Walling knew that in 2011 the Flint River was professionally evaluated and rejected as a drinking source and that upgrades for the FWTP would cost millions.
103. The Governor, in a timeline prepared by his office, confirmed that in June 2013, he knew that Flint River water would be used as an interim source of water.
104. In May 2013, Emergency Manager Kurtz announced his resignation effective July 2013. The Governor reappointed Michael Brown as Flint’s Emergency Manager.
105. In September 2013, after Emergency Manager Brown resigned, Darnell Earley was appointed by the Governor as Flint’s Emergency Manager.
106. As Emergency Manager, Earley was, by his own admission, responsible for ensuring that the City of Flint was in compliance with state and federal laws regarding safe drinking water. In his testimony to the United States House Committee on Oversight and Government Reform on March 15, 2016, he stated “the [e]mergency [m]anager obviously is the person responsible for making sure that those things get done, and I’ve always accepted that.”
107. On March 14, 2014, Brian Larkin, then associate director of the Michigan Governor’s Office of Urban and Metropolitan Initiatives, foretold of the crisis in an email to several others in the governor’s office stating, “The expedited
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timeframe,” of switching Flint’s water sources, “is less than ideal and could lead to some big potential disasters down the road.”
108. Despite having been copied on an email alerting her to the potential dangers of switching Flint’s water source nearly a year earlier, on March 20, 2014 Shekter-Smith played an integral role in ensuring that the City of Flint received an Administrative Consent Order that (i) required Flint to make use of the Flint Water Treatment Plant, (ii) attempted to prevent Flint from ever returning to the DWSD and (iii) mandated Flint to “undertake the KWA public improvement project or undertake other public improvement projects to continue to use the Flint River, such as additional Flint Water Treatment Plant public improvements, source water protection public improvements, and public improvements to obtain a back-up water supply, in order to comply with Act 399.”
109. Michael Glasgow, the City of Flint’s water treatment plant’s laboratory and water quality supervisor informed the MDEQ on April 17, 2014, that the FWTP was not fit to begin operations and that “management” was not listening to him because “they seem to have their own agenda.” Glasgow had told Rosenthal the day before, in the same e-mail chain, “. . . it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible . . . . I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.” The
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next day, Glasgow wrote Prysby and Busch of the MDEQ, that “. . . I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.”
110. Glasgow later told State investigators that he received pressure from superiors—particularly Defendants Johnson and Croft—to begin the switch to the Flint River.
111. On April 18, 2014, Joshua Spencer, who was responsible for handling public relations for the City of Flint, urged the City to issue a press release stating, “The Tests are in. The Water is Good!;” “In an effort to dispel myths and promote the truth about the Flint River and its viability as a residential water resource, there have been numerous studies and tests conducted on its water by several different independent organizations;” and “For nearly 10 years Mike Glasgow has worked in the laboratory at the City of Flint Water Service Center. He has run countless tests on our drinking water to ensure its safety for public use. Mike has not only conducted tests on water provided to us by Detroit, but also on
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local water from nearby rivers, lakes and streams including the Flint River. When asked if over the last decade of he has seen any abnormalities of major concern in the water, his response was an emphatic, ‘No.’” Johnson told early that as an MDEQ Official, he was “comfortable releasing the ad.”
112. MDEQ’s Cook signed a permit in 2014 that was the last approval necessary for the use of the Flint Water Treatment Plant.
113. Beginning in June 2013 and continuing through April 25, 2014, the State created a dangerous public health crisis for the users of Flint tap water when it and Kurtz and Earley ordered and set in motion the use of highly corrosive and toxic Flint River water knowing that the FWTP was not ready.
114. For at least a year prior thereto, the State knew that using the Flint River water was dangerous and could cause serious public health issues.
C. The LAN Defendants Failed to Meet Their Duties of Care and Competence as Design Engineers for the Flint Water Treatment Plant
115. On June 10, 2013, the LAN Defendants submitted a proposal to Flint for upgrading the FWTP entitled “Flint Water Treatment Plant Rehabilitation – Phase II.” The proposal was to make “improvements . . . intended to help the City operate[] the plant on a full time basis using the Flint River.” The proposal was signed by J. Warren Green, Professional Engineer (Project Director) and Samir F. Matta, Professional Engineer (Senior Project Manager).
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116. The LAN Defendants claimed in their proposal that their “staff has
the knowledge, expertise and the technical professionals to handle all aspects of the
projects. Our staff has firsthand knowledge of the [FWTP] . . . .”
117. The proposal included the following relevant sections:
a. A “Scope of Services” section that stated the “project involves the evaluation and upgrade of the Flint Water Plant to provide continuous water supply service to the City of Flint (Flint) and its customers.” The upgrades and improvements would allow the use of the Flint River as a water supply.
b. A “Standards of Performance” section where the LAN Defendants “agree[d] to exercise independent judgment and to perform its duties under this contract in accordance with sound professional practices.” As part of the proposal, it was understood that Flint was relying upon the professional reputation, experience, certification, and ability of the LAN Defendants.
118. In or around June 2013, Flint formally retained the LAN Defendants
as the design engineer for improvements and upgrades to the FWTP for the
treatment of new water sources, including both the Flint River and the KWA
pipeline. In deciding to proceed with the transition to the Flint River, the City of
Flint noted the LAN Defendants’ “extensive experience in this field,” and relied
upon the LAN Defendants’ identification of the “engineering, procurement, and
construction needs” for the project. Although the City recognized that water from
the Flint River “would be more difficult to treat,” the City concluded, based on
LAN’s recommendations, that the Flint River was “viable as a source” of the
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City’s water. LAN continued to advise the City with respect to its transition to the Flint River through 2015, and ultimately was paid more than $3.8 million for its engineering services.
119. Upon information and belief, there were no bids submitted by the LAN Defendants or any other firm for this work, nor were any other firms considered for this work. The contract was awarded without competitive bidding.
120. On June 29, 2013, LAN met with representatives of Flint, representatives of the Genesee County Drain Commissioners Office and the MDEQ to discuss:
a. Using the Flint River as a water source; b. The ability to perform the necessary upgrades to the FWTP; c. The ability to perform quality control; d. The ability for Flint to provide water to Genesee County; e. The ability to meet an April or May 2014 timeline; and f. Developing a cost analysis. 121. According to incomplete meeting minutes, “the conversation was guided with focus on engineering, regulatory, and quality aspects . . .” of the items previously referenced, and the following determinations were made: a. The Flint River would be more difficult to treat, but was viable
as a source; b. It was possible to engineer and construct the upgrades needed
for the treatment process;
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c. It was possible to perform quality control “with support from LAN engineering which works with several water systems around the state, quality control could be addressed[;]”
d. FWTP did not have the capacity to treat and distribute sufficient water to meet the needs of Flint and Genesee County;
e. There were many obstacles to overcome, but completion by the April or May 2014 timeline was reachable; and
f. The next steps were for the LAN Defendants to present Flint with a proposal that would include engineering, procurement, and construction needs for the project along with cost estimates.
122. LAN was directly involved in conversations about the potential for lead contamination following the switch. According to a September 3, 2015 email with the subject “Flint Water,” sent to Warren Green and Samir Matta of LAN, along with various city and state officials, Public Works Director Howard Croft addressed concerns about the amount of lead found in the water, stating, “[a]t the onset of our plant design, optimization for lead was addressed and discussed with the engineering firm and with the DEQ.”
123. Since 1965, the FWTP served as a secondary and backup water supply system to the DWSD. Typically, a secondary supply for a public water system would be needed only during emergency situations, and is normally designed for short-term operation such as providing the average daily demand for only a few days.
124. Upon information and belief, the FWTP was previously upgraded in or around 2004 in order to allow it to operate for an extended short-term period
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(i.e., approximately 6 weeks) because of a perceived high risk that the DWSD supply would fail and remain out of service for an extended duration.
125. Due to the aforementioned 2013 agreement, the FWTP needed upgrading to operate on a full-time basis, otherwise it would be unable to provide the citizens of Flint with sufficient quantities of water.
126. In April of 2014, the LAN Defendants, Flint, and MDEQ officials addressed and discussed optimization for lead, and they decided that having more data was advisable before implementing an optimization method.
127. On April 9, 2014, the City received the necessary permits from MDEQ to draw Flint River water for distribution as the supply source for its water distribution system during the multi-year transition to the new KWA facility.
128. Despite receiving these permits, the Flint water system was not prepared for the switch to Flint River water. The Flint River was contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The level of chlorides in the Flint River was eight times the levels provided in DWSD water. Chlorides are highly corrosive, and must be neutralized with anticorrosive agents, such as phosphates, before entering public water systems. It is well known that corrosive water that is not properly treated results in the corrosion of pipes, such that the metals in the pipes, including lead, will leach into drinking water.
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129. The LAN Defendants knew, if not recommended, that the FWTP would begin drawing water from the Flint River later that month that would not be treated with anti-corrosive measures. Moreover, the potential consequences in endangering the public health as a result of not using anti-corrosive treatments when using water from the Flint River as the primary source were or should have been well-known and foreseeable to the LAN Defendants, engineering firms that, according to their website, were a “national leader in the heavy civil infrastructure engineering industry,” “one of the most respected engineering firms in the United States today,” and “a recognized leader in the industry with a rich history of serving a diverse group of heavy civil infrastructure clients across the country.”
130. From July of 2013 through April of 2014, the LAN Defendants provided professional engineering services associated with the switch from the DWSD to the FWTP, but failed to meet their duty of care and competence. The LAN Defendants were responsible for providing engineering services to ensure that the FWTP was equipped to treat water from each of its new sources. The LAN Defendants’ actions facilitated the transfer of Flint’s water source to river water without proper corrosion control treatment. The improvement and upgrade plans to the FWTP were approved by MDEQ in April of 2014 pursuant to plans and specifications signed and sealed by the LAN Defendants. Further, the LAN Defendants, as Flint’s outside contractor, had a duty to recognize the need for
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corrosion control and advise that it should be implemented. Yet, incredibly, at the time of the switch to Flint River water, no phosphates were being added to the water supply. In fact, nothing whatsoever was being done to account for the corrosive nature of the Flint River water. Moreover, the LAN Defendants did not require water quality standards to be set for the Flint River water that would be delivered to Flint’s residents and property.
D. Numerous Signs of the Public Health Crisis Caused By the Contaminated Water Were Evident Within Weeks of the Switch
131. On April 25, 2014, Flint officially began using the Flint River as its primary water source, despite the fact that the proper preparations had not been made and Glasgow had warned that the FWTP was not ready.
132. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water.
133. Indeed, as early as May 15, 2014, within two weeks of the switch to Flint River water, Shekter-Smith had received numerous citizen complaints, including one forwarded from the EPA’s Jennifer Crooks regarding rashes caused by the new water.
134. In June 2014, citizen complaints about contaminated water continued without the State doing anything to address these complaints. Many Flint water users reported that the water was making them ill.
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135. On August 14, 2014, Flint’s water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response.
136. To address the bacteria problem, the water was treated with additional chlorine. However, as has been well known for decades, in corroded pipes, chlorine preferentially reacts with the bare metal instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply was thus ineffective in treating bacteria—so more chlorine was added.
137. The use of chlorine to disinfect water produced various disinfection byproducts, including trihalomethanes (“TTHM”). When bare pipes are not protected with a corrosion control protocol, more chlorine yields more TTHM.
138. Immediately after the discovery of Flint’s bacterial problems, it was apparent that Flint’s TTHM levels were high. This should have been a red flag that the steel in the pipes had been laid bare by the high salt concentrations the water pumped from the Flint River.
139. Moreover, PowerPoint slides circulated among MDEQ officials— including Busch, Prysby, and Rosenthal—in March and April 2015 showed that MDEQ officials knew as early as May 2014 that the water contained TTHM levels above the EPA’s maximum contaminant level. According to the presentation, the City and MDEQ had also been receiving complaints about the water for some time,
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including about the water’s taste, odor, color, and that it was causing rashes but this failed to prompt any action.
140. As officials were beginning to assess the extent of Flint’s TTHM problems, another problem emerged in the summer of 2014—the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires’ disease—another red flag.
141. Legionnaires’ disease is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the rate rises to 80%. Infection in humans occurs when water droplets contaminated with legionella bacteria are inhaled or when water-containing legionella enters the trachea. Extensive studies of legionella have established that the pathogen enters the water supply when the “bio-film” protecting pipes is stripped away—which is exactly what happened when the River’s corrosive water entered the City’s pipes.
142. On October 3, 2014, an email from Jason Lorenz, the Public Information Officer for the City of Flint, informed Ambrose and later Earley about the spike in cases of Legionnaires’ disease. Earley responded to the email chain disclaiming any connection between the outbreak and Flint’s water, writing that the City’s “message” should be that the outbreak was “an internal issue at McLaren [Hospital] that they are working on with our assistance, not a Flint water problem that we are trying to resolve.” Statements made to the Michigan Attorney
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General’s Office as part of its investigation into the crisis show that “MDHHS personnel were not in agreement with Earley ‘message.’”
143. In addition to a rise in the reported incidence of Legionnaires’ disease, MDHHS first noted another potential problem related to Flint’s water in September 2014—lead poisoning rates “were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014.”
144. As early as October 1, 2014, it was known that one of the causes of the bacterial contamination was the existence of iron pipes in the City’s water distribution system.
145. Most of Flint’s 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall.
146. On October 13, 2014, General Motors ceased the use of Flint River water at its engine plant because of fears that it would cause corrosion due to high levels of chloride.
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147. Governor Snyder’s senior executive staff was immediately aware of the ramifications of GM’s decision and the adverse health effects confronting the citizenry of Flint. In an email written only the day after GM’s decision to withdraw from Flint River-sourced water, Deputy Legal Counsel and Senior Policy Advisor to the Governor Valerie Brader wrote:
Now we are getting comments about being lab rats in the media, which are going to be exacerbated when it comes out that after the boil water order, there were chemicals in the water that exceeded health-based water quality standards. I think we should ask the EM to consider coming back to the Detroit system in full or in part as an interim solution to both the quality, and now the financial, problems that the current solution is causing. Brader’s email was addressed to Dennis Muchmore, Governor Snyder’s Chief of Staff, Michael Gadola, the Governor’s Legal Counsel and Jarrod Agen, the Governor’s Communications Director. Brader also noted that she intentionally did not distribute her email to officials at MDEQ to keep the communication secret and hidden under the Freedom of Information Act. But she noted that she had been in touch with MDEQ officials to brief Flint’s Emergency Manager “directly on the water quality issues.” 148. Richard Baird, Governor Snyder’s “Transformation Manager” and close confidant, who also received a copy of Brader’s email, was then present for a conference call with Earley during which Earley rejected the idea of returning to the Detroit Water & Sewer Department.
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149. The following day, Governor Snyder’s Legal Counsel Michael Gadola issued a more frank assessment of the health issues associated with using the Flint River as the drinking water source for the population of Flint calling its use “downright scary.” Gadola advised that, “[t]hey should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.”
150. On December 31, 2014, the first round of lead monitoring showed results exceeding the Lead and Copper Rule’s action levels for lead, 15 parts per billion. Worse yet, these samples were not drawn from the highest risk homes as required by the Lead and Copper Rule.
151. In January 2015, David Murray, Governor Snyder’s deputy press secretary, saw an email from Wurfel stating, “I don’t want my director to say publicly that the water in Flint is safe until we get back the results of some county health department of epidemiological trace-back work on 41 cases of Legionnaires’ disease in Genesee County since last May.”
152. On January 9, 2015, University of Michigan-Flint water tests revealed high lead levels in two locations on campus, causing the university to turn off certain water fountains.
153. That same day, Earley refused to return to DWSD water, according to the Attorney General’s investigation into the crisis.
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154. In addition to these events, the City conducted six (6) sampling events on the corrosivity of the “treated” drinking water that occurred either before or concurrently with the creation of reports by the Engineering Defendants. The sampling events were in May 2014, August 2014, October 2014, February 2015, May 2015, and August 2015. The sampling results all showed that the drinking water was very corrosive, and yet none of the reports produced by the Engineering Defendants mentioned these sampling results.
E. The LAN and Veolia Defendants Were Asked to Evaluate the Problems, But Failed to Do So Properly
155. In November of 2014, the LAN Defendants were on actual notice of the need to assess the factors contributing to high TTHM levels following the water source change because the LAN Defendants were engaged to evaluate this issue by Flint and provide a report of its findings, which they did in August of 2015.
156. The LAN Defendants issued a 20-page Operational Evaluation Report on November 26, 2014, intended to address compliance with EPA and MDEQ operations and regulations. The LAN Defendants entirely failed to address the hazard of lead associated with the corrosive water flowing through the pipes, at least half of which were made of lead.
157. The Veolia Defendants submitted to Flint their “Response to Invitation to Bid for Water Quality Consultant,” Proposal No. 15-573. The Veolia
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Defendants proposed to provide “a complete solution to address the immediate reliability and operational needs” of Flint’s water system.
158. Flint had requested engineering services: a. To review and evaluate “the City’s water treatment process . . . and procedures to maintain and improve water quality”; b. To develop and report with recommendations “to maintain compliance with both State of Michigan and federal agencies”; and c. To assist the City in implementing the recommendations.
159. The Veolia Defendants, however, responded that “addressing the fundamental issues concerning water quality compliance and operational reliability is much more complex than the recommendations study and advisory services outlined [in City of Flint’s request].” The Veolia Defendants proposed to respond to Flint’s requested scope of work by:
a. Calibrating “daily water quality samples with the City’s hydraulic model”;
b. Refining “the operational strategies for the plant and distribution system”;
c. Coordinating “daily efforts across plant, operations and maintenance staff”; and
d. Alleviating “continued concerns from the public communications process.”
160. In February of 2015, the Veolia Defendants were hired through a resolution that incorporated a standard of performance clause, which stated that
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“the City is relying upon the professional reputation, experience, certification, and ability of [Veolia].”
161. The Veolia Defendants’ task was to review Flint’s public water system, including treatment processes, maintenance procedures, and actions taken. As water treatment professionals, the Veolia Defendants had an opportunity to catch what the LAN Defendants had missed or refused to warn about—corrosive water was being pumped through lead pipes into the homes of Flint residents without corrosion control.
162. On February 10, 2015, the Veolia Defendants and the City issued a joint press release to the community at large, indicating that Veolia was an “urban water expert” in “handling challenging river water sources” and that it would be evaluating all of the City’s water treatment processes.
163. The press release contained no limitation on the Veolia Defendants’ scope of work. David Gadis, the Vice President of Veolia North America’s Municipal & Commercial Business stated, “We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint.” He continued, “We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored
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water.” Based on these representations, the people of Flint had every reason to rely on the Veolia Defendants’ subsequent representations of safety.
164. On February 12, 2015, Rob Nicholas, Veolia’s Vice President stated: “We’re going to look at the numbers, we’re going to look at the plant, we’re going to decide how the equipment’s functioning, look at the raw water, look at the finished water, decide how it’s getting through the pipe to the house, and from that, decide how to fix each of those problems as we go forward.”
165. Despite its representations that it would conduct a thorough, allencompassing review of the Flint Water system, it took Veolia only 6 days to issue an interim report on its findings, which it presented to a committee of Flint’s City Council on February 18, 2015. Per the interim report, the only issue not in the Veolia Defendants’ scope of study was “why the change from [Lake Huron water via the Detroit system pipeline to Flint River water] or the history of the utility.”
166. In the interim report, the Veolia Defendants indicated that Flint’s water was “in compliance with drinking water standards.” It also noted that “[s]afe [equals] compliance with state and federal standards and required testing.” The Veolia Defendants effectively declared publicly that Flint’s water was safe.
167. The Veolia Defendants’ interim report also noted that the discoloration in Flint’s water “raises questions,” but “[d]oesn’t mean the water is unsafe.” It noted that among the Veolia Defendants’ “next steps” were to “carry
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out more detailed study of initial findings” and “[m]ake recommendations for improving water quality.”
168. In response to potential questions about “[m]edical problems,” the Veolia Defendants’ interim report dismissively claimed that “[s]ome people may be sensitive to any water.”
169. Veolia issued its final “Water Quality Report” dated March 12, 2015.
170. In the final report, the Veolia Defendants noted that it had conducted a “160-hour assessment of the water treatment plant, distribution system, customer services and communication programs, and capital plans and annual budget.” The final report claims that “a review of water quality records for the time period under our study indicates compliance with State and Federal water quality regulations.”
171. The final report states that “the public has also expressed its frustration of discolored and hard water. Those aesthetic issues have understandably increased the level of concern about the safety of the water. The review of the water quality records during the time of Veolia’s study shows the water to be in compliance with State and Federal regulations, and based on those standards, the water is considered to meet drinking water requirements.”
172. Specifically addressing the lack of corrosion control, the final report notes that “[m]any people are frustrated and naturally concerned by the
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discoloration of the water with what primarily appears to be iron from the old unlined cast iron pipes. The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water. Polyphosphate addition will not make discolored water issues go away. The system has been experiencing a tremendous number of water line breaks the last two winters. Just last week there were more than 14 in one day. Any break, work on broken valves or hydrant flushing will change the flow of water and potentially cause temporary discoloration.”
173. Therefore, in addition to missing the connection between the lack of corrosion control and lead contamination, the Veolia Defendants made a permissive “could” suggestion aimed only at reducing aesthetic deficiencies while suggesting that Flint’s drinking water met all applicable requirements and was safe to drink.
174. In fact, not only did the report fail to discuss lead corrosion, the use of polyphosphate, as suggested, only deals with iron corrosion and could worsen lead corrosion.
175. As a result of the LAN and Veolia Defendants’ actions, the residents of Flint, including Plaintiffs, were exposed to much greater amounts of poisonous water, and for a much longer time.
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F. The LAN and Veolia Defendants Fail to Conduct a Root Cause Analysis
176. Both the LAN and Veolia Defendants were hired to ensure Flint’s water system was protective of human health and compliant with federal and state environmental statutes. In February 2015, the LAN Defendants issued their report “Trihalomethane Formation Concern,” and on March 12, 2015, the Veolia Defendants issued their report, “Flint Michigan Water Quality Report.” Critically absent from both reports was a root cause analysis of why the high TTHM levels existed. A root cause analysis is the standard process used by engineers to determine the origin, case and interrelationship of events. It is a standard practice used by environmental, health, safety, and infrastructure engineers whenever an adverse event occurs. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event. It is important to note that a root cause analysis would not have required invasive testing, just consideration of the facts known to date and drawing a conclusion about their interrelationship. Had such an analysis been done, the consultants would have discovered the corrosion of the pipes, and the presence of lead and legionella in the water system.
177. The causal relationship of events leading to the high TTHM levels is not complex science. It is widely known in the scientific community that:
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 Road salt from decades of deicing contaminates northern rivers such as the Flint River;
 Road salt contains chloride, which is highly corrosive to steel and lead pipes and that such pipes are used throughout Michigan and Flint;
 Chloride strips pipes of protective surfaces which frees legionella and lead;
 Urban rivers contain high levels of E. coli;
 While chlorine is effective in treating E. coli, it becomes far less effective when bare metal has been exposed because the chlorine preferentially reacts with the metal;
 The need to add excessive chlorine is indicates that bare metal has been exposed, and that corrosion is occurring; and
 Excessive chlorination causes high TTHM levels.
178. The failure of the LAN and Veolia Defendants to conduct a root
cause analysis recognizing the corrosion’s role in Flint’s water problems is truly
inexplicable because as detailed above all of these events had been highly
publicized before they issued their report:
 The Flint River had been highly impacted by road salt for decades—the river had eight times more salt than water supplied by the DWSD;
 Lead and steel pipes are ubiquitous in the United States, Michigan and Flint;
 In the summer of 2014, Flint suffered one of the worst outbreaks of Legionnaires’ disease in U.S. history;
 On October 14, 2014, as widely reported by the press the next day, GM stopped using the City’s water because of corrosivity;
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 On January 9, 2015, UM Flint shut its water fountains because lead exceed federal standards; and
 In February 2015, if not before, lead in drinking water in other locations also exceed the standards.
179. Any of these red flags, and indeed the general knowledge in the scientific community, should have alerted the LAN and Veolia Defendants to the extensive corrosion and resultant release of lead and legionella in the City’s drinking water system.
180. For example, it should have been obvious to the LAN and Veolia Defendants—as professed experts on water quality and treatment issues—that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations during many Michigan winters. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey (“USGS”), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint’s prior water source, should have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight-times more chloride than the DWSD-supplied water. The Flint River water also had an extremely high chloride-to-sulfate mass ratio (“CSMR”) of 1.6. Normally, a CSMR ratio of greater
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than 0.5 is a cause for serious concern. Had the LAN or Veolia Defendants investigated the chloride-to-sulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint’s CSMR posed serious corrosion risks.
181. The City’s inability to effectively treat E. coli with chlorine should have likewise alerted the LAN and Veolia Defendants to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the U.S. EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine is caused by corroded pipes. Flint’s inability to treat E. coli with moderate amounts of chlorine—and the resulting high TTHM concentrations— should have placed the LAN and Veolia Defendants on notice that Flint’s pipes were corroding and releasing lead and other materials into the drinking water supply. Moreover, the uptick in reported cases of Legionnaires’ disease, reported during a press conference prior to the LAN and Veolia Defendants’ retention, should have put both on notice that Flint’s water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires’ disease, grows on the film on the inside of pipes, which when stripped away by corrosion frees the legionella into the drinking water system. Outbreaks of Legionnaires’ disease are
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rare unless pipes have been stripped of their bio-film by warm, corrosive water— which is exactly what exists in the Flint River and water supply. Yet neither the LAN Defendants nor the Veolia Defendants drew a connection between the outbreak and the cause of the outbreak. Nor for that matter, did they make any recommendations to treat the water to prevent or abate an outbreak.
182. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. “Lead has been a challenge and a bane for water suppliers since historical times . . . The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births.” Dr. Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 2010). As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: “Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem . . . Solubility and dissolution rates of corrosion products are
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affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual.” These are the exact conditions that existed in Flint’s water supply.
183. Finally, just the color of Flint’s water should have led any reasonable engineer to the conclusion that Flint’s pipes were dangerously corroded. The source of Flint’s water discoloration was rust, a product of steel and lead corrosion. The presence of rust in the water should have alerted LAN and Veolia that Flint’s water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
G. The LAN and Veolia Defendants’ Conclusions Made the Crisis Worse
184. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule (LCR) in 1991, which requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, sub. E and I. Flint’s own sampling analysis indicated that its system violated the LCR standards. Nevertheless, the Veolia Defendants, while failing to conduct any analysis, knowingly made the false statement in their March 12, 2015 report that their “review of water quality records for the time period under our study indicates compliance with State and Federal water regulations.”
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185. Another reason for the corrosion of pipes is the drinking water’s acidity. It is well known that the decay of pathogens and other organic materials such as those found in the Flint River causes water to become more acidic.
186. It is also well known to water quality engineers that the addition of acidic water quality treatment chemicals, such as ferric chloride which is used as a coagulant to settle out particles at the water treatment plant, can further increase the water’s acidity. According to U.S. EPA, “[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation.”
187. The Veolia Defendants should have recommended maintaining the drinking water’s neutral pH by adding phosphate, but instead, in direct contradiction of federal authorities, recommended increasing the dosage of ferric chloride—a very potent, corrosive acid, rather than advising that the pH of the water should be increased.
188. According to the Centers for Disease Control and Prevention: Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . . Lead
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and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. . . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.
189. Yet the Veolia Defendants did not recommend that the City take
steps to institute corrosion control to prevent lead and legionella from spreading
throughout the City’s water supply. The Veolia Defendants merely suggested the
implementation of corrosion control (here the addition of phosphates or other
corrosion controls) as a possible, but not wholly effective means for minimizing
water discoloration. There was no mention of the need to add corrosion control to
prevent the release of lead and legionella. The Veolia Defendants’ report states,
“The water system could add a polyphosphate to the water as a way to minimize
the amount of discolored water.” (Emphasis added). The report explains that,
“Polyphosphate addition will not make discolored water issues go away.”
(Emphasis added). Thus, rather than recognizing that corrosion control was
required to render Flint’s water system compliant with federal regulations and
prevent catastrophic corrosion, the Veolia Defendants merely suggested adding
phosphate to address water discoloration. Even the Veolia Defendants’ suggested
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dosage to address discoloration, 0.5 mg/L was far too low. In February 2016, the City was adding four to eight times as much phosphate, 2 to 4 mg/L.
190. Even worse, the Veolia Defendants presented their conclusion that no efforts needed to be undertaken to maintain the neutrality of the water supply as a scientific certainty. Their March 2015 report stated that prior to arriving at their conclusions, the Veolia Defendants undertook “laboratory testing” and concluded that, “[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended.” The Veolia Defendants acknowledged that their recommended increase was significant: “This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year.” Instead, the Veolia Defendants should have advised that the pH of the water should be increased.
191. At the same time that the Veolia Defendants gave the unqualified opinion that the current dosage is “too low,” and should be doubled, the Veolia Defendants knew that the City had no corrosion control protocol and knew (or should have known) that significant corrosion was already occurring. The Veolia Defendants’ directive that the City double its dosage of ferric chloride was unqualified and in no way warned that acidic water would increase corrosion. Instead, it should have advised that the pH of the water should be increased.
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192. In August 2015, the LAN Defendants made the same recommendation to increase the dose of ferric chloride, rather than advising that the pH of the water should be increased.
193. The LAN and Veolia Defendants should have told the City to reduce the concentration of ferric chloride, and that adding phosphate as a pH buffer was mandatory. No such recommendation was made, and as a result, the lead and legionella courses through the City’s water supply to this day.
194. A graph prepared by the Flint Water Study Group from Virginia Tech University shows that the pH of Flint’s water distribution system became more acidic after the Veolia Report was issued in March, even as the pH in the Flint River became less acidic:
195. The graph above shows that the Flint River had a harmless pH at or above 8.0 for all of 2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint’s municipal water supply started dropping steadily
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from 7.9 in March (just after the Veolia Defendants made their recommendation to double the ferric chloride concentration) to 7.3 in August. This difference is significant. pH is measured on a logarithmic scale, meaning that a pH of one whole number, such as 7.0 is ten times more corrosive than a pH of another whole number, such as 8.0. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint’s water.
196. The graph above is punctuated with quotes from Defendants’ emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint’s drinking water.
197. On June 24, 2015, the U.S. EPA reached a similar conclusion about the City’s addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network. Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (hereinafter “Del Toral Report”) (emphasis added).
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198. In December 2016, Dr. Susan Masten, American Water Works Journal, published “Flint Water Crisis: What happened and Why?” Dr. Masten conducted a detailed analysis of the chemistry and engineering behind what happened to Flint’s water and examined why the water was corrosive. Dr. Maston concluded that the ferric chloride caused chloride (i.e., salt) levels in the drinking water to be 28-100% higher than Flint River water. Based on these results, it is apparent that the LAN and Veolia Defendants should have advised the City to reduce the levels of ferric chloride, which neither firm did.
199. Both the LAN and Veolia Defendants analyzed the pH in Flint’s water. Both made recommendations about the addition of chemicals that affect pH. Both were reckless and negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or decreased the dosage of ferric chloride, less lead and legionella would have been released into Flint’s water supply.
H. Despite the Numerous Signs of the Growing Crisis, the Government Defendants Failed to Act, and Concealed Known Dangers From the Plaintiffs
200. In January 2015, State officials met to discuss the ongoing threat to public health posed by the legionella bacteria in the Flint River water. The Governor and his staff, the Genesee Co. Health Department, and the MDHHS had already been aware for at least three months of the ongoing public health threat
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to the people of Flint, including the threat of Legionnaires’ disease resulting from the use of the Flint River water, yet they had done nothing. The public health crisis was not addressed in any serious and/or non-frivolous way.
201. On January 13, 2015, Earley resigned his position as Emergency Manager and the Governor replaced him with Gerald Ambrose.
202. On January 21, 2105, State officials ordered water coolers to be installed in State buildings operating in Flint. State officials were concerned that this action, if it became widely known by the public, would reveal their dishonesty because they had been advising the residents of Flint that it was safe to drink the tap water and at the same time arranging for alternative water sources for the State employees who were working in Flint.
203. Nick Lyon, the director of the MDHHS, received materials on or about January 28, 2015 from a departmental epidemiologist showing an outbreak of Legionnaires’ disease in Genesee County in 2014.
204. On January 27, 2015, Flint was placed on notice that the Genesee County Health Department (“GCHD”) believed there was an association between the spike in Legionnaires’ disease reports and the onset of the use of Flint River water. Again, Defendants did nothing about the impending health catastrophe.
205. By January 29, 2015, State officials understood that the public health crisis was caused by the corrosion of the entire infrastructure of the Flint
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water system. Yet no action was taken to warn the public of the health crisis or to correct the harm caused by the State’s decision to switch from DWSD water to Flint River water.
206. On January 29, 2015, Sue McCormick, the Director of DWSD, offered Ambrose an opportunity to purchase DWSD water at attractive rates. DSWD’s proposal included waiving the re-connection fee. This offer was rejected by Ambrose.
207. In January 2015, a Flint home owner, LeeAnn Walters, called the EPA regarding water issues that she was experiencing at her Flint home. She informed the EPA that she and her family members were becoming physically ill from exposure to the Flint River water coming from her tap.
208. By the end of January 2015, the Governor’s office was fully aware of the public health emergency caused by the rise in legionella bacteria found in the Flint River and launched a cover-up of the public health crisis.
209. By February 1, 2015, the Governor was aware of the health crisis in Flint. Given the months of complaints from Flint water users that the water was discolored, foul smelling/tasting, and making them visibly sick, the Governor knew that there was an imminent threat to the people of Flint. Yet, neither the Governor, nor State and local public officials, took corrective action.
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210. On February 17, 2015, Flint water users staged public demonstrations demanding that Flint re-connect with DWSD. Once again Ambrose refused to restore Detroit water for Flint water users. State and local public officials falsely insisted that the water was acceptable for use and took no action.
211. On February 26, 2015, Jennifer Crooks of the EPA wrote an email to MDEQ and EPA representatives. Crooks noted that Walters complained of “black sediment in her water.” She noted that the iron contamination was so high that the testing instrumentation could not measure it. Crooks wrote, “But, because the iron levels were so high [Michael Glasgow, Flint Utilities Administrator], suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3….Big worries here….I think Lead is a good indication that other contaminants are also present in the tap water that obviously were not present in the compliance samples taken at the plant…We also talked about Dr. Joan Rose from Michigan State being on the Flint Tech Advisory committee--would want to dive further into this…she and her family are also exhibiting the rashes when exposed to the water, and her daughter’s hair is falling out in clumps.”
212. In a second email on February 26, 2015, Crooks stated that Miguel Del Toral of the EPA is of the opinion that the “black sediment” in the Walters
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water was actually lead. She continued, “Miguel is wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it phosphates? From a public health perspective, can we assume that the high lead levels in Mrs. Walters’ neighborhood are isolated to just her area? Or are they more widespread?”
213. On February 27, 2015, Stephen Busch advised Del Toral that the City was using corrosion control. This statement was false and Busch knew it was false when he made this statement to the EPA.
214. Defendant Cook similarly misled the EPA regarding the necessity of using corrosion control in Flint after the switch when he allegedly forwarded information he knew to be false to the EPA in response to its inquiry.
215. Likewise, Defendant Johnson inhibited efforts by Genessee County Health Department (“GCHD”) to obtain information about Flint’s water through the Freedom of Information Act (“FOIA”). On January 27, 2015, James Henry, Environmental Health Supervisor at the GCHD, sent a FOIA request to the City of Flint requesting “testing locations and laboratory results within the City of Flint public water system for Coliform, E-Coli, Heterotrophic Bacteria and Trihalomethanes from January 1, 2010 to January 27, 2015. . . [and] a map or list of locations, detailing dead ends, pooling, [and] low pressure . . . areas.” A week later, on February 5, 2015, Flint Utilities Administrator Johnson responded that he
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had not received Mr. Henry’s FOIA request but would “fulfill [the] request as soon as possible.” Despite Johnson’s assurances, by March 2015, GCHD still had not received the information they requested by FOIA.
216. On March 5, 2015, the Governor and officials in the Governor’s office realized that they had a massive public health emergency which probably included widespread lead poisoning on their hands and began discussing distributing water filters to Flint water users. Yet these public officials took no action to warn or otherwise protect Plaintiffs and the Class, and continued to conceal from them and the public the true nature, extent, and severity of the public health crisis.
217. By March 10, 2015, James Henry of the GCHD raised concerns that he was being stonewalled by the State and City in accessing public health information about the Legionnaires’ disease outbreak in Genesee County. The concealment of the public health emergency by City and State officials— Defendants herein—was shocking and unconscionable.
218. As of March 10, 2015, the Defendants knew that the extreme public health emergency involved lead poisoning, deadly legionella bacteria and a host of other ailments.
219. Indeed, Defendant Shekter-Smith acknowledged as much on March 12, 2015 when, in connection with a FOIA request from the Genesee
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County Health Department regarding the outbreak of legionella, she emailed MDEQ employees Brad Wurfel, Jim Sygo, and Sarah Howes that “[w]hile the change in source may have created water quality conditions that could provide additional organic nutrient source to support legionella growth, there is no evidence or confirmation of legionella coming directly from the Water Treatment Plant or in the community water supply distribution system at this time” (emphasis added).
220. Despite acknowledging internally that the switch could have caused the legionella outbreak, the very next day, on March 13, 2015, ShekterSmith approved and praised Stephen Busch on his on his response to the Genesee County Health Department wherein Defendant Busch stated, among other things, that:
a. “conclusions that legionella is coming from the public water system without the presentations of any substantiating evidence from your epidemiologic investigations appears premature and prejudice toward that end;
b. “[i]t is highly unlikely that legionella would be present in treated water coming from the City of Flint water treatment plan given the treatment plant’s use of ozone along with complete treatment and chlorine disinfect contact time to comply with federal surface water treatment rules for potable water;” and
c. “there is no direct correlation that can be made to the presence of legionella.”
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221. That same day, Wurfel wrote in an email to Snyder administration officials, “Political flank cover out of the City of Flint today regarding the spike in Legionnaire cases. . . . Also, area ministers put a shot over the bow last night … with a call for Snyder to declare a state of emergency there and somehow ‘fix’ the water situation …”
222. On March 25, 2015, Flint City Council voted to re-connect to Detroit’s water system. Governor Snyder’s appointed Emergency Manager, Gerald Ambrose, exacerbated the State-created danger by rejecting this vote of the Flint public officials.
223. In March 2015, Jarrod Agen, Governor Snyder’s Director of Communications and later Chief of Staff, participated in conference calls with Harvey Hollins, an aide to the Governor, and others in which Hollins stated that he was hearing from Flint-area pastors that people were complaining about the odor and the look of the water and that they had requested water filters.
224. On April 24, 2015, Patrick Cook of the MDEQ emailed Miguel Del Toral at the U. S. EPA and in referring to Flint’s Water Treatment Plant (“WTP”) stated: “Flint is currently not practicing corrosion control at the WTP.”
225. On June 24, 2015, the aforementioned Del Toral Report warned of “High Lead Levels in Flint Michigan.” On the following day, Del Toral wrote an internal email with respect to the elevated lead in Flint water at EPA stating:
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I understand that this is not a comfortable situation, but the State is complicit in this and the public has a right to know what they are doing because it is their children that are being harmed. 226. Del Toral further warned that the failure to inform Flint water users of the elevated lead levels was “bordering on criminal neglect.” 227. The Del Toral Report was shared with, among others, MDEQ’s Chief of Office of Drinking Water and Municipal Assistance, Liane Shekter-Smith, MDEQ’s Water Treatment Specialist, Patrick Cook, MDEQ’s District Supervisor, Stephen Busch, and MDEQ’s Engineer assigned to District 11 (Genesee County), and Michael Prysby. 228. Nonetheless, State and local public officials failed to undertake any measures to effectively address any of the dangers, including lead poisoning, identified by Del Toral. 229. On June 30, 2015, Mayor Walling notified EPA Region 5 Director, Dr. Susan Hedman (“Hedman”) that Del Toral was speaking publicly about the Flint environmental crisis. 230. On July 2, 2015, Hedman advised Walling that he was given a preliminary draft and that it would be premature to draw any conclusions. 231. On July 10, 2015, MDEQ official Brad Wurfel, in an effort to conceal the public health crisis, appeared on public radio and advised listeners that Flint water was safe and that it was not causing “any broad problem” with lead
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leaching into residential water. Parents, worried about the lead poisoning of their children demanded answers from Wurfel. He told the concerned parents, “[l]et me start here-anyone who is concerned about lead in the drinking water can relax.” Wurfel, at the time he made this statement, knew his statements were false and he deliberately misled the public about the seriousness of the crisis.
232. By July 2015, multiple agencies within the State of Michigan, including the Governor, the Governor’s Office and MDEQ, had actual notice of high lead exposure and other dangers, including Legionnaires’ disease, associated with Flint water.
233. But there is no doubt that the Government Defendants were well aware of the dangers facing Flint’s residents. On July 9, 2015—nearly three months before the City first issued a lead advisory to the public—Mike Glasgow sent an email to MDEQ’s Adam Rosenthal with the following “Key Points” listed in all caps:
1) Flint has lots of lead pipe, no corrosion control treatment, and has had no legitimate LCR testing for at least a year. 2) Amongst low income infants, breast feeding rates are lower, and formula use is higher. Many Flint[] residents cannot afford to flush due to higher water rates. They cannot afford bottled water. This is an unprecedented situation and EPA needs to take this seriously. Now. 3) We have one child with an elevated blood lead already…In fact, that is the only reason we know about any of the above. 4) MDEQ is still publicly insisting Flint water has tested safe, is safe, and that flint has no violations of any sort.
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234. On July 22, 2015, Governor Snyder’s Chief of Staff, Dennis Muchmore, wrote to MDHHS Director Lyon and stated that the Plaintiffs’ concerns (and those of the Class) regarding lead poisoning and other dangers were being “blown off” by the Defendants.
235. On July 24, 2015, Wurfel continued to promote the cover-up of the health crisis. In response to the recognition that the Defendants were blatantly ignoring the concerns of Flint residents, he stated, “[i]n terms of near-future issues, the bottom line is that residents of Flint do not need to worry about lead in their water supply, and DEQ’s recent sampling does not indicate an imminent health threat from lead or copper.”
236. But the State’s sampling did not comply with regulations. Rather, the sampling purposefully skewed results to minimize the crisis. According to an email from Professor Marc Edwards of Virginia Tech that was forwarded to Shekter-Smith and Stephen Busch, among others, on September 21, 2015, the State did, “not have an approved lead sampling pool. Only 13 of the lowest lead sampled homes from 2014, were resampled in 2015. The homes sampling high in 2014, were not asked to be resampled.” Professor Edwards continues on to describe a video available on the ACLU website in which, “Mike Glasgow (Flint LCR program) notes what is perfectly obvious from looking at the MDEQ FOIA materials. ‘we threw out bottles everywhere just to collect as many as we can, just
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to hit our number, and we just turn in every result we get in.’” Professor Edwards then proceeds to note several instances in which the MDEQ covered up high samples.
237. Indeed Michael Glasgow essentially admitted that the City’s testing procedures were inadequate when he pleaded no contest to willful neglect of duty and agreed to cooperate with the Attorney General’s investigation after being accused of distorting the City’s water test results by instructing residents to run their water—or “flush” it—before testing, and failing to obtain water from certain houses. These inaccurate results were reported in a February 27, 2015 report entitled, Lead and Copper Report and Consumer Notice of Lead Result.”
238. Several MDEQ officials—including Defendants Busch, Rosenthal, and Prysby—similarly deceived the public about the water’s quality. Glasgow has stated publicly that Defendants Busch and Prysby directed him to alter water quality reports and remove the highest lead levels. And following an investigation involving numerous witness interviews and reviewing thousands of documents, the Michigan Attorney General’s office charged both Busch and Prysby for their involvement in the crisis. The Attorney General’s investigation similarly led to criminal charges against Rosenthal, including for his willful participation in the manipulation of lead testing results and falsely reported that the 90th percentile of the results for lead water testing was below the federal action level. Eventually, a
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July 28, 2015 report was altered to exclude some high lead tests and Rosenthal forwarded the altered report on.
239. After months of trying to notify City and State officials of the problems with Flint’s water, in August 2015, Professor Edwards publicly announced that there was serious lead contamination of the Flint water system and stated that the people of Flint face a major public health emergency.
240. Wurfel, speaking for the State, immediately dismissed and discredited Edwards by stating that Edwards’s team “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.”
241. By late 2014 or early 2015, Lyon was aware from MDHHS data that there was a dramatic increase in the percentage of Flint children with elevated blood lead level readings from blood drawn during the second and third quarters of 2014, and that Legionnaires’ disease was on the rise during the same period of time. Lyon was aware of this dangerous condition but did nothing to report the findings to the Plaintiffs, their Class or the public.
242. Lyon knew that these elevated blood lead levels, and an increase of Legionnaires’ disease found in its own database, correlated with the introduction of
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the corrosive Flint River water into the Flint water distribution system. Lyon did not order that any action be taken to warn the public.
243. The increase in elevated blood lead levels in Flint’s children, and Lyon’s failure to do anything to prevent further injury to the people of Flint, identifies yet another aspect of this unconscionable government-created health and public safety emergency. Lyon, aware of the elevated blood lead levels in Flint’s children, failed to report the evidence to the MDEQ, Governor’s Office, EPA or the Flint community. His concealment of this critical information increased the risk and exacerbated the danger.
244. Dr. Mona Hanna-Attisha, in the summer of 2015, using data available to her from Hurley Hospital, observed a similar spike in the percentage of Flint children with elevated blood lead levels from blood drawn in the second and third quarter of 2014. She published her study in an effort to alert the community about the health risks associated with drinking Flint River water.
245. The Government Defendants and the MDHHS immediately accused Dr. Hanna-Attisha of providing false information to the public.
246. No genuine effort was made to investigate Dr. Hanna-Attisha’s findings. To the contrary, on September 28, 2015, in response to Dr. HannaAttisha’s testing results, Defendant Lyon directed his staff to provide “an analysis of the Vtech/Hurley data and their conclusions,” in addition to demanding a
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“strong statement with a demonstration of proof that the lead blood levels seen are not of the ordinary and are attributable to seasonal fluctuations.”
247. In September 2015, the MDEQ continued to falsely assure the public that use of Flint Water was safe and continued to deny the public health crisis at hand. For example, a MDEQ document entitled, “DEQ Frequently Asked Questions, Water Lead Levels in the City of Flint, September, 2015” which stated: “Are there other ways the city monitors for lead exposure? The County Health Departments, overseen statewide by the Michigan Department of Health and Human Services, regularly monitors blood levels in children throughout Michigan communities. The leading cause of lead poisoning is exposure to lead paint. Blood lead level testing results for the 12-month period just after the City of Flint changed its water source (May 2014 – April 2015) showed no significant change in the pattern of blood lead levels in Flint, compared to the previous three years. This data suggests the recent change in water source by the City of Flint has not contributed to an increase in lead exposure throughout the community.” (emphasis added).
248. On September 25, 2015, Wurfel falsely advised media and the public that MDHHS officials have re-examined its blood lead level data and the MDHHS statistics do not show the same upward trend documented by Dr. HannaAttisha.
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249. On September 28, 2015, Wurfel stated publically that the Flint water crisis was becoming “near-hysteria” because of Dr. Hanna-Attisha’s report. He said that he wouldn’t call her reports “irresponsible. I would call them unfortunate.” Wurfel finished his remarks that day by falsely stating that “Flint’s drinking water is safe in that it’s meeting state and federal standards.”
250. On September 29, 2015, Wurfel referred to EPA Del Toral of the EPA as a “rogue employee.”
251. By late September 2015, reconnecting to the Detroit water system was the only reasonable option to protect the health and safety of the Flint water users. Yet the State deliberately chose not to proceed in this fashion. Instead, on or about October 2, 2015, State officials announced that the State would appoint a Flint Water Advisory Task Force and would provide water filters designed to eliminate the lead in the water to Flint water users.
252. On October 8, 2015, the Governor recognized that he could no longer pretend that the water from the Flint River was safe. He finally ordered Flint to re-connect with the Detroit water system which contained corrosion control chemicals.
253. The re-connect to DWSD took place on or about October 16, 2015.
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254. Throughout the period of time between April 2014 (when Flint’s
water source changed to the Flint River) through October 16, 2015 (when Flint’s
water source switched back to the DWSD) MDEQ officials either:
a. Falsely represented that Flint was using optimized corrosion control chemicals to treat the water for purposes of preventing lead poisoning, when in fact, they were not; or
b. Adhered to the faulty regulatory position that Flint could poison its citizens with lead contaminated water for two sixmonth monitoring intervals and then decide if corrosion control chemicals were necessary.
255. On October 18, 2015, MDEQ Director Wyant emailed Governor
Snyder and admitted that the delayed implementation of optimized corrosion
control for two six month intervals while Flint’s citizens were being lead poisoned
was improper. Wyant wrote:
Simply said, our staff believed that they were constrained by two consecutive six-month tests. We followed and defended that protocol. I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning. (emphasis added)
256. The next day, on October 19, 2015, City of Flint Technical Advisory
Committee meeting, LAN was listed as the “owner” of the “corrosion control”
issue.
257. Starting in approximately November of 2015, the State of Michigan
Department of Health and Human Services began publicly reporting blood lead
level test results for “Flint Zip Codes 48501-48507.” However, the use of zip
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code level data for these reports is misleading and significantly underreports the prevalence of lead contamination in blood for Flint residents. Academics studying the data have noted that the zip codes relied upon by MDHHS (48501-48507) include both people who receive their water from the City of Flint and large geographic areas outside of the City of Flint where people receive their water from safe sources. In spite of these noted inaccuracies in the data, MDHHS officials (and their attorneys in court) continue to misleadingly rely upon this inaccurate data to downplay the severity of the crisis.
258. Flint is currently in a State of Emergency: Mayor Karen Weaver declared a State of Emergency on December 14, 2015. On January 4, 2016, the Genesee County Commissioners declared a State of Emergency. On January 5, 2016, Governor Snyder declared a State of Emergency. On January 13, 2016, the Governor activated the Michigan National Guard to assist the people of Flint. On January 14, 2016, the Governor asked then-President Barack Obama and the Department of Homeland Security, Federal Emergency Management Agency (“FEMA”) to declare Flint a Major Disaster. On January 16, 2016, FEMA issued an emergency declaration to assist the people of Flint.
259. Yet, the efforts to conceal the full truth of what happen continue. For example, on January 11, 2016, during a conversation with Eden Wells,
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Governor Snyder, and others, Lyon acknowledged that there was a Legionnaires’ outbreak but falsely claimed that it was limited to one healthcare institution.
260. The relief efforts of State public officials have been ineffective, indeed often frivolous, in mitigating the devastation caused by its creation of the public health crisis. The ineffective relief efforts have prolonged the dangerous conditions and, in many cases, the failed mitigation efforts have further exacerbated the effects of the public health calamity created by the State.
261. Moreover, the reaction of many of the Defendants to this wholly preventable crisis has been cold to say the least. For example, when Wurfel was forwarded a response from Bob Wheaton (Manager of Communications for MDHHS), in which ABC News asked about Head start programs giving bottled water to children in Flint after a DHS report talked about the risks of lead. Wheaton had responded to ABC News saying that the bottled water report “was a recommendation – not an order.” Wurfel forwarded it to his wife and David Murray, saying only: “Laughing so hard I’m crying right now.”
262. Likewise, rather than immediately providing real information to Flint residents facing this crisis, the State promoted the following poster (which it later took down) which minimizes the serious health risks associated with contaminated water:
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I. Defendants’ Misconduct Has Caused the Plaintiffs to Suffer Devastating Health Effects and Other Personal Injuries
263. As a result of the failure to properly treat water from the Flint River, corrosive water was delivered throughout the Flint Water System. The water predictably corroded metal pipes, causing them to leach lead into the water. An estimated 15,000 of Flint’s 30,000 residential service lines are composed at least partially of lead. The exact number is presently unknown.
264. Lead’s catastrophic effects are indisputable. According to the EPA, “[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been
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linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
265. According to the World Health Organization, “lead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible.”
266. Lead is so harmful that, according to the EPA, “ingestion of lead can cause seizures, coma and even death.”
267. The effects of lead exposure are long lasting. The EPA has explained that, “[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help from the bones of the fetus. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth.”
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268. Tragically, the damage from lead exposure to Flint’s children includes diminished potential over the entire course of their lives. The World Health Organization states, “[t]hese costs are sometimes referred to as lost opportunity costs. Using a conservative estimate, the decrease in intelligence attractable to each 1 µg/dl increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial.”
269. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical, sociological, disability and occupational services, or long-term monitoring and treatment costs.
270. According to an analysis of the economic losses attributable to lead exposure in 2009, “[t]he present value of Michigan’s economic losses attributable to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings.”
271. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity
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resulting from reduced cognitive potential from preventable childhood lead exposure.
272. As a direct and proximate result of Defendants’ misconduct, Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services, and related education assistance programs.
273. Lead is also harmful to adults. The EPA warns that “[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women).” The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning—typically chelation therapy—as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
274. These effects are far from hypothetical. According to a recent study from health economists Daniel Grossman of West Virginia University and David Slusky of Kansas University, the fertility rate in Flint, Mich., dropped precipitously after the city decided to switch to lead-poisoned Flint River water in 2014. Grossman and Slusky’s working paper estimates that among the babies conceived
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from November 2013 through March 2015, “between 198 and 276 more children would have been born had Flint not enacted the switch in water.”
275. Given the long-lasting risks of lead exposure and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
276. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires’ disease. As explained above, the presence of legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires’ disease and at least nine died. Those members of the Class who became infected with Legionnaires’ disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants’ conduct. At least one case of Legionnaires’ Disease occurred in 2016, even after the City’s water supply was switched back to the DWDS, indicated that the disease still poses a risk to the community.
277. In October 2016, Flint and Michigan authorities determined that Flint was experiencing an outbreak of the infectious bacterial disease called Shigellosis, which can cause bloody diarrhea and fever. Shigellosis is caused by the shigella bacteria, and its symptoms include fever, abdominal pain
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and diarrhea, which can lead to dehydration. Since the water crisis, there has been a steady increase of cases, especially in children. The youngest person diagnosed was 17 months old.
278. Finally, as a direct and proximate result of Defendants’ conduct, Plaintiffs have suffered extreme emotional distress.
J. Defendants’ Misconduct Has Also Caused the Plaintiffs to Suffer Extensive Property Damage and Monetary Losses.
279. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants’ misconduct has caused significant property damage and monetary losses.
280. The property damages sustained by Plaintiffs fall into three basic categories. First, the Plaintiffs’ pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and potentially legionella—thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs’ real property has been substantially diminished as a result of the continuing questionable safety of Flint’s water and existence of corroded pipes and appliances.
281. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s
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water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply.
282. Plaintiffs’ homes and properties have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially legionella. Solubilized and particulate lead and legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
283. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: “[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains.”
284. The Water Research Watershed Center has further explained that, “[t]he cost of corrosion can be expensive. Corrosion can impact you and your family’s health, aesthetic quality of your water, waste money, and damage your household piping and fixtures.”
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285. Not only does corrosion cause the “premature failure of household plumbing and plumbing fixtures,” the Water Research Watershed Center has explained, corrosion also “decreases the efficiency of hot water heaters and may cause premature failure to the heater.”
286. On January 10, 2017, Marc Edwards, the principal scientist who discovered the high lead concentration in Flint water, published “Flint Water Crisis Caused By Interrupted Corrosion Control: Investigating “Ground Zero Home” in which he concluded that the lead in the homes originated in part from rust stripped by the corrosive water from galvanized pipes. Galvanized pipes are in people’s homes. Although galvanized (zinc-coated) pipe is still considered to be a safe transport material for drinking water, there are some potential health concerns if the water supply is corrosive due to its acidic condition (low pH). These results establish that the pipes in the pipes and appliances in Flint homes and businesses need to be replaced.
287. Moreover, residents and property owners have already reported damage to major appliances such as dishwashers and washing machines following Flint’s decision to switch water sources.
288. According to emails from Governor Snyder’s office, the State estimates that replacing Residents’ pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
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Obviously, the cost to replace pipes in a residential building with multiple units will be far higher, costing tens and hundreds of thousands of dollars.
289. Corroded pipes not only present a continuing health threat, they risk further damage to one’s property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
290. Although the City has stated it intends to begin replacing some Cityowned pipes, this is far from sufficient to render Flint’s water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that “changing all the mains in the city will not really solve the problem for the homeowners” because the lead piping in these homes probably has been severely compromised. “The corrosion is not going away. It’s still there.”
291. Plaintiffs have been left to pay for the damage caused by the Engineering and Governmental Defendants. This has proven nearly impossible as many of the City’s residents survive on very little money. To make matters worse, the Washington Post has reported that, “many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say.”
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292. According to a study by University of Michigan that analyzed the cross-section samples of 10 service pipes in Flint’s water system, the average Flint pipe released 18 grams of lead during the 17 months that untreated, corrosive water ran through the system. “This is the amount of lead that would have entered a single home,” lead study author Terese Olson, an associate professor of civil and environmental engineering at Michigan, said in a news release. “If we average that release over the entire period the city received Flint River water, it would suggest that on average, the lead concentration would be at least twice the EPA action level of 15 parts per billion.” Critically, however, the report also concluded that not all of the leached lead was consumed by drinkers. Some was washed down the drains and some likely remains in private plumbing systems.
293. Moreover, the problems associated with Flint’s water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, “[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing.”
294. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: “[u]ntil [water]
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testing and potability is affirmed, it will be difficult to lend,” said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require “a continuing and sufficient supply of safe and potable water” to provide home financing.
295. This creates a catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, Plaintiffs, including residents and property owners, cannot obtain financing to replace their pipes and appliances until the water is deemed safe.
296. The water crisis also caused extensive economic damage to property owners who paid water bills for several years in exchange for clean water for themselves and their tenants. Instead, they were provided toxic water. Besides losing the benefit of the bargain, this also hurt the landlords’ relationship and goodwill with tenants, both real and financial.
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297. As a result of the water crisis, many tenants refused to pay rent or simply left the premises. Some tenants paid less than the full rent amount. And it is difficult to find new tenants to rent units. Even if found, the rental value is now much lower. Landlords in the Class have been forced to offer lower rent to entice renters. This results in lower revenue. As a result, the Class has experienced a lower occupancy level than before the water crisis and receives lower revenue.
298. The ordeal also damaged property owners because the crisis caused property values to plummet. Moreover, it is difficult to sell property, even at severely depressed prices, because buyers are scared of investing in the area. Even if a buyer could be found, that buyer cannot secure a loan from banks and other institutional lenders that are understandably uninterested in securing a loan with damaged property or accepting the unusually high risk of securing a loan with property in Flint, Michigan.
299. For the same reasons, it is difficult or impossible to refinance properties.
300. As a result of all the above, it is difficult to find new tenants, receive a fair rental amount, or even sell the property at any price.
301. As a result of the above, some members of the Class had difficulty making mortgage payments for their property because they rely on a steady cash flow from tenants to make such payments.
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302. Class members paid to install water filters in their properties for their tenants’ benefit. These heavy filters naturally damaged the sinks, which had to be repaired and/or replaced at Class members’ expense. They also supplied bottled water at their own expense.
303. In February of 2016, Governor Snyder signed a $30 million package to refund all Flint residents’ water bills for the period of April 2014 to April 2016. Under this system, residents would receive a 100% refund for the water use portion of their bills. However, the state has and is discriminating against multi-unit property owners by providing them with only a 20% refund of their bills. Class members rented out their properties with water included at the owner’s expense. This was a significant amount of money.
304. There are tens of thousands of housing units in Flint, Michigan. Currently property owners are renting about 45% of those units to residents.
K. Defendants’ Misconduct Has Resulted in Criminal Indictments and Other Government Investigations
305. As the events that gave rise to this lawsuit emerged, multiple government investigations were launched including Congressional hearings.
306. One such investigation has been spearheaded by the Michigan Attorney General’s Flint legal team which interviewed over 180 witnesses, reviewed hundreds of thousands of documents, and ultimately filed criminal
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Nick Lyon – MDHHS Director
Eden Wells – MDHHS Chief Medical Executive
Nancy Peeler – MDHHS Director, Program for Maternal, Infant and Early Childhood Home Visiting
Robert Scott – MDHHS Data Manager for the Healthy Homes and Lead Prevention program

- Involuntary Manslaughter, Felony - Misconduct in Office, Felony - Obstruction of Justice, Felony - Lying to a Peace Officer,
Misdemeanor - Misconduct in Office, Felony - Conspiracy, Felony - Willful Neglect of Duty,
Misdemeanor - Misconduct in Office, Felony - Conspiracy, Felony - Willful Neglect of Duty,
Misdemeanor

L. Efforts to Remediate the Harms Alleged Herein Are Inadequate. 307. In March 2017, a settlement was reached in Concerned Pastors for

Social Action v. Khouri, Case No. 2:16-cv-10277 (E.D. Mich. filed Jan. 27, 2016).

That suit was brought by citizens of Flint, Michigan against the State of Michigan

and related entities for their failure to comply with the Safe Drinking Water Act,

42 U.S.C. § 300j-8(a). The settlement provides that the State of Michigan will

provide $97 million for service line replacement, tap water monitoring, filter

installation, bottled water distribution, and health programs.

308. The prospective relief provided for in the Concerned Pastors

settlement fails to adequately fund service line pipe replacement or necessary

health programs. Moreover, it does not even attempt to remediate the harm caused

by the Government Defendants’ unconstitutional conduct.

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309. For example, corroded private service lines and appliances present an ongoing public health concern as these stripped pipes are a breeding ground for potentially life-threatening bacteria. The Concerned Pastors settlement fails to impose an ongoing obligation for the Government Defendants to repair this private property.
310. Moreover, the health effects of lead poisoning often go undetected for some time—the Concerned Pastors settlement does not provide for ongoing medical monitoring nor does it provide for educational programs or other remedial programs necessary to remediate the broad societal impact resulting from the Government Defendants’ unconstitutional conduct.
CLASS ALLEGATIONS 311. Plaintiffs request certification pursuant to Fed. R. Civ. P 23(b)(3) on behalf of a proposed damages class defined as follows: all individuals and entities who from April 25, 2014 to present were exposed to toxic Flint water or who owned property within the City of Flint and experienced injuries and damages to their person or property. 312. Plaintiffs request certification pursuant to Fed. R. Civ. P 23(b)(2) on behalf of a proposed injunctive relief class defined as follows: all individuals and entities who from April 25, 2014 to present were exposed to toxic Flint water or
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who owned property within the City of Flint and experienced injuries and damages to their person or property.
313. The number of class members is sufficiently numerous to make class action status the most practical method for Plaintiffs to secure redress for injuries sustained and to obtain class wide equitable injunctive relief.
314. There are questions of law and fact raised by the named Plaintiffs’ claims common to those raised by the Class(es) they seek to represent. Such common questions predominate over question affecting only individual members of the Class(es).
315. The violations of law and resulting harms alleged by the named Plaintiffs are typical of the legal violations and harms suffered by all Class members.
316. Plaintiff Class representatives will fairly and adequately protect the interests of the Plaintiff Class members. Plaintiffs’ counsel are unaware of any conflicts of interest between the Class representatives and absent Class members with respect to the matters at issue in this litigation; the Class representatives will vigorously prosecute the suit on behalf of the Class; and the Class representatives are represented by experienced counsel. Plaintiffs are represented by attorneys with substantial experience and expertise in complex and class action litigation involving personal and property damage.
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317. Plaintiffs’ attorneys have identified and thoroughly investigated all claims in this action and have committed sufficient resources to represent the Class.
318. The maintenance of the action as a class action will be superior to other available methods of adjudication and will promote the convenient administration of justice. Moreover, the prosecution of separate actions by individual members of the Class could result in inconsistent or varying adjudications with respect to individual members of the Class and/or one or more of the Defendants.
319. Defendants have acted or failed to act on grounds generally applicable to all Plaintiffs, necessitating declaratory and injunctive relief for the Class.
COUNT I—CAUSE OF ACTION 42 U.S.C. § 1983—14TH AMENDMENT SUBSTANTIVE DUE PROCESS—STATE CREATED DANGER: BY ALL PLAINTIFFS AGAINST GOVERNMENT
DEFENDANTS 320. Plaintiffs and the Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 321. Plaintiffs have a clearly established right under the substantive due process clause of the Fourteenth Amendment to the United States Constitution to be protected from risks, dangers, dangerous situations, or being made more
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vulnerable to increased risk of harms, affirmatively created and/or caused by persons acting under color of state law.
322. The Government Defendants, while acting under color of state law, affirmatively created or exacerbated the dangers and dangerous situations to which Plaintiffs were exposed, making them more vulnerable to said dangers, and the Government Defendants did so with an extreme degree of culpability.
323. The Government Defendants, while acting under color of state law, affirmatively continued, increased and perpetuated the dangers, risks of harm, and dangerous situations creating the public health crisis, when they deliberately and affirmatively denied, lied about, covered up, deceived, discredited, and ignored said known dangers and risks of harm to which they exposed Plaintiffs making them more vulnerable to said dangers.
324. The Government Defendants were aware that their conduct could result in the deprivation of Plaintiffs’ due process rights to be protected from the dangers, dangerous situations, or being made more vulnerable to the dangers affirmatively created and perpetuated by them.
325. This conduct was reckless, deliberately indifferent, and/or so outrageous as to shock the conscience, such that it was culpable in the extreme, insofar as the Government Defendants knew of and disregarded the substantial risk of serious harm to Plaintiffs.
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326. The dangers and risks of harm were discreet and special to Plaintiffs, as Flint water users and property owners in particular, and not risks affecting the public at large.
327. The dangers and risks of harm to Plaintiffs from the ongoing exposure to the water toxins which were created and perpetuated by the Government Defendants, were so extreme as to be equivalent to private acts of violence visited upon them.
328. These actions of the Government Defendants, all under color of law, constituted affirmative acts that caused and/or substantially increased the risks of physical, emotional and economic harm to the Plaintiffs.
329. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which through the creation of state created danger, violated Plaintiffs’ fundamental property and/or liberty rights, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering;
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d. Embarrassment, outrage, mental anguish, fear and mortification, denial of social pleasures, and stress related physical symptoms.
330. The conduct of the Government Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. §1988.
COUNT II—CAUSE OF ACTION 42 U.S.C. § 1983—14th AMENDMENT SUBSTANTIVE DUE PROCESS—BODILY INTEGRITY: BY INDIVIDUAL PLAINTIFFS AGAINST GOVERNMENT DEFENDANTS 331. Individual Plaintiffs and the Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 332. Individual Plaintiffs have a clearly established fundamental right under the substantive due process clause of the Fourteenth Amendment to the United States Constitution to bodily integrity. 333. The conduct of the Government Defendants, all while acting under color of law, endangered and/or threatened Plaintiffs’ fundamental liberty interest to bodily integrity as guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. 334. The Government Defendants were aware that their conduct could result in the deprivation of Individual Plaintiffs’ fundamental due process rights to bodily integrity.
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335. The Government Defendants deliberately and knowingly breached the constitutionally protected bodily integrity of Individual Plaintiffs by creating and perpetuating the ongoing exposure to contaminated water, with deliberate indifference to the known risks of harm which said exposure would, and did, cause to Individual Plaintiffs.
336. The Government Defendants had the opportunity to reflect and deliberate before they acted and/or failed to act.
337. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which violated Individual Plaintiffs’ fundamental property and/or liberty rights to bodily integrity, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 338. The conduct of the Government Defendants was both reckless and outrageous, entitling Individual Plaintiffs and Plaintiff Class members to an award
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of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT III—CAUSE OF ACTION 42 U.S.C. § 1983—5th AND 14th AMENDMENTS EQUAL PROTECTION OF THE LAW: RACE-BASED: BY ALL PLAINTIFFS AGAINST SNYDER, DILLON, WRIGHT, WALLING,
AMBROSE, KURTZ & EARLEY 339. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 340. Defendants Snyder, Dillon, Wright, Walling, Ambrose, Kurtz and Earley, acting under color of law, and in their respective individual and/or official capacities, engaged in conduct and/or adopted laws and policies that violated Plaintiffs’ rights under the Fifth and Fourteenth Amendments to the United States Constitution 341. Amendment Fourteen, § 1 states in pertinent part, “No state shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.” 342. The Equal Protection Clause prohibits laws and the application of laws that invidiously discriminate between similarly situated individuals or between groups of persons in the exercise of fundamental rights.
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343. Defendants’ conduct deliberately exposed Plaintiffs to contaminated Flint River water, knowing that it could and would result in widespread serious damage.
344. In 2013, Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational).
345. These Defendants knew that the water from the Flint River was grossly inferior to the Lake Huron water Flint and Genesee County citizens had been receiving from DWSD.
346. These Defendants knew that the raw water from the Flint River would have to be processed at the Flint WTP which would have required millions of dollars of upgrades.
347. These Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
348. Recognizing these facts, Defendants devised an Interim Plan that caused the predominately white water users of those areas of Genesee County outside of Flint to receive the safe and superior water from DWSD, whereas the
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water users of predominantly African American Flint received water that was known to be grossly inferior and unsafe, i.e. Flint River water.
349. As evidence of the fact that race discrimination was the reason for treating the two groups of water users differently, the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less than the cost of upgrading the Flint WTP in order to safely process the raw Flint River water.
350. Given the clear difference in the treatment between these two groups of similarly situated water users, the deliberate and intentional decisions and actions of these Defendants in devising the Interim Plan was the product of racial discrimination in violation of the Equal Protection Clause.
351. If Plaintiffs’ community had been predominately white, Plaintiffs would have been treated in the same manner as their predominantly white neighbors in Genesee County and they too would have received DWSD water as part of the Interim Plan.
352. Because Plaintiffs and their Class were water users in a predominately African American community, their complaints were dismissed and disrespected as exaggerated, without merit, or inconsequential. If Plaintiffs’ community had been predominately white, citizen complaints would have been
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taken seriously, treated as valid and the MDEQ and Flint public officials would have taken timely action to address the concerns.
353. Both Governor Snyder’s Task Force and the Michigan Civil Rights Commission have acknowledged that the residents of Flint were denied equal protection of the laws. Governor Snyder’s Task Force found that Flint residents, who are majority Black or African American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities. And the Michigan Civil Rights Commission found that the people of Flint did not enjoy the equal protection of environmental or public health laws, nor did they have a meaningful voice in the decisions leading up to the Flint Water Crisis.
354. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which violated Plaintiffs’ fundamental property and/ or liberty rights to equal protection of the laws based on race, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others; 118

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c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 355. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT IV—CAUSE OF ACTION 42 U.S.C. § 1983—5th AND 14th AMENDMENTS EQUAL PROTECTION OF THE LAW: WEALTH-BASED: BY ALL PLAINTIFFS AGAINST SNYDER, DILLON, WRIGHT, WALLING,
AMBROSE, KURTZ & EARLEY 356. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 357. Defendants Snyder, Dillon, Wright, Walling, Ambrose, Kurtz and Earley, acting under color of law, and in their respective individual and/or official capacities, engaged in conduct and/or adopted laws and policies that violated Plaintiffs’ rights under the Fifth and Fourteenth Amendments to the United States Constitution. 358. Amendment Fourteen, § 1 states in pertinent part, “No state shall make or enforce any law which shall . . . deny to any person within its jurisdiction the equal protection of the laws.”
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359. The Equal Protection Clause prohibits laws and the application of laws that invidiously discriminate between similarly situated individuals or between groups of persons in the exercise of fundamental rights.
360. Defendants’ conduct deliberately exposed Plaintiffs to contaminated Flint River water, knowing that it could and would result in widespread serious damage.
361. In 2013, Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational.)
362. These Defendants knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
363. These Defendants knew that the raw water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
364. These Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
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365. Recognizing these facts, Defendants devised an Interim Plan that allowed the predominately—more affluent water users of Genesee County to receive the safe superior water from DWSD and the predominately impoverished water users of Flint would have to accept during the interim period grossly inferior, previously rejected and dangerous Flint River water.
366. There was no rational economic or fiscal justification for treating the predominately more affluent water users of Genesee County differently than the predominately impoverished water users of Flint because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less the cost of upgrading the Flint WTP in order to safely process the raw Flint River water.
367. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic justification, and taking into account the economic and class makeup of the group which received the grossly inferior and dangerous water product, the deliberate decisions and actions of these Defendants in devising the Interim Plan can fairly be said to be the product of income and class discrimination, in violation of the Equal Protection Clause of the 14th Amendment.
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368. If Plaintiffs’ community had been predominately more affluent, Plaintiffs would have been treated just like their more affluent neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
369. Because Plaintiffs were in a predominately impoverished community, their complaints were dismissed as exaggerated, without merit or inconsequential. If Plaintiffs’ community had been predominately more affluent, citizen complaints would have been treated as valid and the MDEQ and Flint public officials would have taken timely action to address the concerns.
370. As a direct and proximate result of the aforementioned unconstitutional acts of the Government Defendants, which violated Plaintiffs’ fundamental property and/ or liberty rights to equal protection of the laws based on wealth, as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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371. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT V—CAUSE OF ACTION 42 U.S.C. § 1985(3) INVIDIOUS RACIAL ANIMUS: BY ALL PLAINTIFFS AGAINST SNYDER, DILLON, WRIGHT, WALLING,
AMBROSE, KURTZ & EARLEY 372. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 373. Defendants Snyder, Dillon, Wright, Walling, Ambrose, Kurtz and Earley, acting under color of law, and in their respective individual and/or official capacities, engaged in conduct and/or adopted laws and policies that violated Plaintiffs’ rights under the Thirteenth Amendment to the United States Constitution. 374. 42 U.S.C § 1985(3) secures the rights of the Plaintiffs and the Class to be free from conspiracies, founded on invidious racial animus, to violate the constitutional rights of Plaintiffs to equal protection and due process. 375. The Equal Protection Clause prohibits laws and the application of laws that invidiously discriminate between similarly situated individuals or between groups of persons in the exercise of fundamental rights.
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376. Defendants’ conduct deliberately exposed Plaintiffs to contaminated Flint River water, knowing that it could and would result in widespread serious damage.
377. In 2013, Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational.)
378. These Defendants knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
379. These Defendants knew that the raw water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
380. These Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
381. Recognizing these facts, Defendants conspired to devise an Interim Plan that allowed the predominately white water users of Genesee County to receive the safe superior water from DWSD and the predominately black water
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users of Flint would have to accept during the interim period grossly inferior, previously rejected and potentially unsafe Flint River water.
382. There was no rational economic or fiscal justification for treating the predominately white water users of those parts of Genesee County outside of Flint differently than the water users in the predominately African American community of Flint because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less the cost of upgrading the Flint WTP in order to safely process the raw Flint River water.
383. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic or fiscal justification, and taking into account the racial makeup of the community that received the grossly inferior and dangerous water product, the deliberate decisions and actions of these conspiring Defendants in devising the Interim Plan can fairly be said to be the product of invidious racial animus in violation of the Thirteenth Amendment. The provision of unhealthy and dangerous food and water is a badge, vestige, and symbol of slavery abolished and prohibited by the Thirteenth Amendment.
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384. If Plaintiffs’ community had been predominately white, Plaintiffs would have been treated the same as their white neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
385. Because Plaintiffs were water users in a predominately African American community, their complaints were disrespected and dismissed as exaggerated, without merit or inconsequential. If Plaintiffs’ community had been predominately white, citizen complaints would have been treated as valid and the MDEQ and Flint public officials would have taken timely action to address the concerns. This disrespect and dismissive response arose directly from the conspiracy between these Defendants founded on invidious racial animus.
386. As a direct and proximate result of the aforementioned conspiracy founded on racial animus as alleged in this Consolidated Amended Complaint, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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387. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. §1988.
COUNT VI—CAUSE OF ACTION MCL 37. 2302 - VIOLATION OF PUBLIC SERVICE PROVISIONS OF
ELCRA-DISPARATE TREATMENT AND DISPARATE IMPACT PLAINTIFFS AGAINST SNYDER, STATE OF MICHIGAN,
DILLON, WRIGHT, WALLING, AMBROSE, KURTZ, EARLEY, AND THE CITY OF FLINT
388. Plaintiffs and the Class incorporate by reference all preceding allegations set forth above as if fully stated herein.
389. Flint and Walling and Emergency Managers Kurtz, Ambrose, and Earley represent a public facility, agency, board owned and operated by a political subdivision of the state established to provide public service to the public within the meaning of MCL 37.2301(b).
390. If not “provider[s]” of a public service, Wright, Walling, Ambrose, Kurtz, Earley are liable under MCL 37.2701(b) because they aided or abetted the “provider” to violate MCL 37.2302(a).
391. Snyder, State of Michigan, and Dillon are liable under MCL 37.2701(b) because they aided the “provider” of water services to Plaintiffs in the acts which denied Plaintiffs of the full and equal enjoyment of water services because of race.
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392. The Defendants identified in this Count shall be referred to as the “ELCRA Defendants.”
393. The ELCRA Defendants were under a statutory duty to either provide water services to Plaintiffs so that they would not be denied the full and equal enjoyment of public water service on account of race, or they aided and abetted the public service provider to deny Plaintiffs full and equal enjoyment of public water service an account of race.
394. In 2013, the ELCRA Defendants were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational).
395. The ELCRA Defendants knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
396. The ELCRA Defendants knew that the water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
397. The ELCRA Defendants knew that using the raw water from the Flint River had been rejected as recently as 2011.
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398. Recognizing these facts, the ELCRA Defendants devised or acquiesced to an Interim Plan that allowed the predominately white water users of Genesee County to receive the safe superior water from DWSD and the predominately black water users of Flint would have to accept during the interim period grossly inferior, previously rejected and potentially unsafe Flint River water.
399. There was no rational economic justification for treating the predominately white water users from those areas of Genesee County outside of Flint differently than the users of water from Flint, a predominately African American community. This is so because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less than the cost of upgrading the Flint WTP in order to safely process (assuming this was possible) the raw Flint River water.
400. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic or fiscal justification, and taking into account the racial makeup of the community that received the grossly inferior and dangerous water product, the deliberate decisions and actions of these conspiring Defendants in devising the Interim Plan can fairly be said to be the product of racial discrimination in violation of MCL 37.2302(a).
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401. If Plaintiffs’ community had been predominately white, Plaintiffs would have been treated just like their neighbors from the predominantly white neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
402. Assuming that the policy to supply different quality water to the water users of Flint and the surrounding communities was race neutral, the ELCRA Defendants are liable under the MCL 37.2302(a) because the impact of that policy had a grossly disparate negative impact on the predominately African-American and poor water users in the City of Flint.
403. As a direct and proximate result of the aforementioned violation of Plaintiffs’ rights under MCL 37.2302(a) by the ELCRA Defendants, Plaintiffs suffered extensive damages, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 404. Plaintiffs and Plaintiff Class members are further entitled to an award costs and reasonable attorney fees, pursuant to MCL 37.2802.
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COUNT VII—CAUSE OF ACTION MONELL CLAIM: BY ALL PLAINTIFFS AGAINST THE CITY OF FLINT
405. At all times herein, Defendant City of Flint, acting through its
official policymakers identified above, established and/or maintained the following
customs, usages, policies and/or practices:
a. Undertaking, making and/or approving decisions with regard to the public water system of the City, while at all times knowing that these decisions would likely result in the creation and prolongation of a public health crisis to its residents, including the infliction of harm and injury to Plaintiffs herein;
b. Participating in the concealment of the above-described acts, injuries, and harms of which it was aware, through its supervisors and official policymakers;
c. Approving, encouraging, authorizing, condoning, and acquiescing in the decisions and acts of concealment that were committed by its employees, agents, supervisors and policymakers, all under color of law and all in violation of Plaintiffs’ rights under the Constitution;
d. Failure to train, supervise, and/or discipline agents, employees, and officials of the City of Flint to:
i. Determine whether the water supplied to the public has received adequate corrosion control;
ii. Never provide the users of public water in Flint with water, the source of which has not received adequate corrosion control;
iii. When water which has not received adequate corrosion control is supplied to the public, to immediately take steps and measures to end the supply of such water to the public;
iv. When water which has not received adequate corrosion control is supplied to the public, to immediately take steps
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and measures to warn and instruct the public of the dangers and hazards of such water and how to protect from harm and injury arising therefrom; and v. When water which has not received adequate corrosion control is supplied to the public, to immediately take all other necessary steps and measures to protect the public. 406. Each of the aforementioned customs, policies, and/or practices, i.e. the affirmative decisions made by the official policymakers, the failure to train, supervise, and/or discipline the individually named Defendants, was known to Defendant City, as highly likely and probable to cause violations of the constitutional rights of members of the public, including but not limited to Plaintiffs herein. 407. The conduct of the individually named Defendants Walling, Croft, Glasgow, and Johnson was committed pursuant to the customs, policies, and/or practices of Defendant City. 408. Each such custom, policy and/or practice, referenced above, was a moving force in the violations of Plaintiffs’ constitutional rights, as set forth herein. 409. As a direct and proximate result of the aforementioned violations of Plaintiffs’ constitutional rights pursuant to Defendant City of Flint’s customs, policies and/or practices, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, including, but not limited to:
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a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 410. Plaintiffs and Plaintiff Class members are further entitled to an award costs and reasonable attorney fees, pursuant to 42 U.S.C. § 1988.
COUNT VIII—CAUSE OF ACTION PROFESSIONAL NEGLIGENCE: BY ALL PLAINTIFFS AGAINST LAN PC, LAN INC. & LAD 411. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 412. The LAN Defendants undertook, for consideration, to render services for the City of Flint, which they should have recognized as necessary for the protection of Plaintiffs and their property. 413. The LAN Defendants undertook to perform a duty owed to Plaintiffs by the City of Flint and/or the State of Michigan. Additionally, the LAN Defendants, in undertaking to perform services related to the Flint water supply and in making public statements about the safety of the Flint water supply, assumed a duty directly to the Plaintiffs and the Class.
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414. Based on their undertaking, the LAN Defendants had a duty to Plaintiffs, as residents and property owners in the City of Flint, to exercise that degree of care consistent with the greater degree of knowledge and skill possessed by design professionals, as well as an ethical duty to report to public authorities the dangers posed to public health and property that would result from the failure to install and/or operate a proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
415. The LAN Defendants also owed a duty to Plaintiffs to notify the proper authorities of unethical illegal practices of others whose actions or decisions posed threats to public health and property that would result from the failure to install and/or operate a proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
416. The LAN Defendants’ duties to Plaintiffs included, but were not limited to, a duty to properly administer the placing of the FWTP into operation using the Flint River as a primary source, a duty to do so in such a manner that would not endanger the health and property of Plaintiffs, a duty to take other actions consistent with the greater degree of knowledge and skill possessed by design professionals, and/or the duty to report to public authorities the dangers posed to public health and property that would result from the failure to install
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and/or provide proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
417. Plaintiffs relied on the LAN Defendants to perform their duties. 418. The LAN Defendants failed to exercise reasonable care in performing their duties, including in preparing for and executing the transition from treated DWSD water to untreated Flint River water, which was unsafe, toxic and unsuitable for human use. 419. The LAN Defendants failed to undertake reasonable care and conduct as a professional engineering firm. 420. The LAN Defendants failed to exercise reasonable care when they did not ensure that corrosion control measures were implemented in a water supply system containing lead pipes that was being transitioned to a highly corrosive water source. 421. The LAN Defendants failed to exercise reasonable care when they failed to conduct a root cause analysis which would have uncovered that the source of the TTHM was corrosive water coursing through the City’s pipes, which also would cause the release of lead and legionella. 422. The LAN Defendants failed to exercise reasonable care when they did not forcefully recommend the addition of phosphates to the water.
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423. The LAN Defendants failed to exercise reasonable care when they failed to recommend that the City use a coagulant other than ferric chloride.
424. The LAN Defendants failed to exercise reasonable care for other reasons alleged throughout this complaint, including ignoring at least several red flags that should have alerted them to the relevant problems.
425. The LAN Defendants’ conduct and/or failure(s) to act constitutes gross negligence because they were so reckless that they demonstrated a substantial lack of concern for whether an injury or harm would result.
426. The LAN Defendants’ professional negligence was voluntary conduct that inspired humiliation, outrage, and indignity by the Plaintiffs.
427. The LAN Defendants’ conduct was malicious, willful, and wanton as to disregard the Plaintiffs’ rights, for the following reasons:
a. The LAN Defendants knew that Plaintiffs were relying upon them to provide Flint with safe water;
b. The LAN Defendants knew that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs; and/or
c. The LAN Defendants knew that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs.
428. Plaintiffs suffered harm resulting from the LAN Defendants’ failures to exercise reasonable care.
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429. The LAN Defendants’ failure(s) to exercise reasonable care was direct and proximate cause of the Plaintiffs’ injuries, which were entirely foreseeable.
430. The LAN Defendants are liable to Plaintiffs for all harms resulting to them from the LAN Defendants’ failures to exercise reasonable care.
431. As a direct and proximate result of the LAN Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 432. As a result of the foregoing, in addition to compensatory damages, Plaintiffs seek an award of exemplary damages from the LAN Defendants so as to deter such morally reprehensible conduct by the LAN Defendants and similarly situated corporations in the future.
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COUNT IX—CAUSE OF ACTION PROFESSIONAL NEGLIGENCE: BY ALL PLAINTIFFS AGAINST THE VEOLIA DEFENDANTS 433. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 434. Plaintiffs bring this cause of action against the Veolia Defendants. The Veolia Defendants undertook, for consideration, to render services for the City of Flint, which they should have recognized as necessary for the protection of Plaintiffs. 435. The Veolia Defendants undertook to perform a duty owed to Plaintiffs by the City of Flint and/or the State of Michigan. Additionally, the Veolia Defendants, in undertaking to perform services related to the Flint water supply and in making public statements about the safety of the Flint water supply, assumed a duty directly to the Plaintiffs and the Class. 436. Based on their undertaking, the Veolia Defendants had a duty to Plaintiffs to exercise reasonable care. 437. Plaintiffs relied on the Veolia Defendants to perform the duty to inspect the City’s water supply to make sure that it was safe. 438. The Veolia Defendants failed to undertake reasonable care and conduct as a professional engineering firm.
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439. The Veolia Defendants failed to exercise reasonable care in inspecting the city’s water system and issuing their interim and final reports.
440. The Veolia Defendants failed to exercise reasonable care when they declared that Flint’s drinking water met federal and/or state and/or all applicable requirements.
441. The Veolia Defendants failed to exercise reasonable care when they represented that Flint’s drinking water was safe.
442. The Veolia Defendants failed to exercise reasonable care when they discounted the possibility that problems unique to Flint’s water supply were causing medical harm and property and monetary damage.
443. The Veolia Defendants failed to exercise reasonable care when they failed to warn about the dangers of lead leaching into Flint’s water system.
444. The Veolia Defendants failed to exercise reasonable care when they did not forcefully recommend the immediate implementation of corrosion control for purposes of preventing lead contamination in Flint’s water supply.
445. The Veolia Defendants failed to exercise reasonable care when they failed to conduct a root cause analysis which would have uncovered that the source of the TTHM was corrosive water coursing through the City’s pipes, which also would cause the release of lead and legionella.
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446. The Veolia Defendants failed to exercise reasonable care when they
did not forcefully recommend the addition of phosphates to the water.
447. The Veolia Defendants failed to exercise reasonable care when they
failed to recommend that the City use a coagulant other than ferric chloride.
448. The Veolia Defendants failed to exercise reasonable care through
other conduct described in this complaint.
449. The Veolia Defendants’ conduct and/or failure(s) to act constitute
gross negligence because it was so reckless that it demonstrated a substantial lack
of concern for whether an injury or harm would result.
450. The Veolia Defendants’ professional negligence was voluntary
conduct that inspired humiliation, outrage, and indignity by the Plaintiffs.
451. The Veolia Defendants’ conduct was malicious, willful, and wanton
as to disregard the Plaintiffs’ rights for the following reasons:
a. The Veolia Defendants knew or should have known that Plaintiffs were relying upon them to provide Flint with safe water;
b. The Veolia Defendants knew or should have known that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs; and/or
c. The Veolia Defendants knew or should have known that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs.
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452. Plaintiffs suffered harm resulting from the Veolia Defendants’ failures to exercise reasonable care to protect its undertaking.
453. The Veolia Defendants’ failures to exercise reasonable care to protect their undertaking directly and proximately caused the Plaintiffs’ injuries and were entirely foreseeable.
454. The Veolia Defendants are liable to Plaintiffs for all harms resulting to them from the Veolia Defendants’ failures to exercise reasonable care.
455. As a direct and proximate result of the violations of the Veolia Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms. 456. Further, as a direct and proximate cause of the Veolia Defendants’ acts and omissions, Plaintiffs’ property has been damaged in the form of damaged
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pipes, service lines, and appliances in their homes, a diminution in property values, and other property and monetary damages.
457. As a result of the foregoing, in addition to compensatory damages, Plaintiffs seek an award of exemplary damages from the Veolia Defendants.
COUNT X—CAUSE OF ACTION FRAUD: BY ALL PLAINTIFFS AGAINST
THE VEOLIA DEFENDANTS 458. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 459. Upon information and belief, and as further set forth above, the Veolia Defendants made false and material representations regarding the safety of Flint’s water, the nature and cause of the water quality problems in Flint, and the risks to public health and property damage. 460. Upon information and belief, the false and material representations include, but are not limited to, statements in the Veolia Defendants’ 2015 Interim Report that:
a. Flint’s water was “safe” and “in compliance with drinking water standards[.]”
b. The observed discoloration was merely aesthetic and not indicative of water quality or health problem, and
c. Medical problems are because “[s]ome people may be sensitive to any water.
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461. Upon information and belief, the material representations and other acts and omissions of the Veolia Defendants constitute fraud.
462. Upon information and belief, the Veolia Defendants knew the representations were made recklessly without any knowledge about their veracity.
463. Upon information and belief, the Veolia Defendants made the representations with the intention that Plaintiffs would act and rely on them, which Plaintiffs did.
464. As a direct and proximate result of the Veolia Defendants’ fraudulent representations, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, reduced property values, among others;
c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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COUNT XI—CAUSE OF ACTION NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS: BY INDIVIDUAL PLAINTIFFS AGAINST ENGINEERING DEFENDANTS 465. Individual Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 466. The Engineering Defendants owed Individual Plaintiffs and the Class a duty to exercise reasonable care. 467. As alleged herein, the Engineering Defendants failed to exercise reasonable care, which had the direct and foreseeable result of causing Individual Plaintiffs and the Class severe emotional distress, embarrassment, outrage, mental anguish, fear and mortification, denial of social pleasures, and stress related physical symptoms.
COUNT XI—CAUSE OF ACTION NEGLIGENCE: BY ALL PLAINTIFFS AGAINST ENGINEERING DEFENDANTS 468. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 469. The Engineering Defendants owed Plaintiffs and the Class a duty to exercise reasonable care. 470. As alleged herein, the Engineering Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be
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released into the drinking water of the City of Flint, including but not limited to lead.
471. Upon learning of the release of the contaminants, the Engineering Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class, and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class, and their property.
472. The Engineering Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, the Engineering Defendants failed to take reasonable, adequate, and sufficient steps or action to eliminate, correct, or remedy any contamination after it occurred.
473. The Engineering Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses, and rental properties of Plaintiffs and the Class.
474. As a result of the Engineering Defendants’ breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and
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remediate the effects of the Engineering Defendants’ negligence for many years into the future.
475. The Engineering Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
476. The Engineering Defendants wilfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
477. As a direct and proximate result of the Engineering Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
a. Pain and suffering; b. Embarrassment, outrage, mental anguish, fear and
mortification, denial of social pleasures, and stress related physical symptoms.
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COUNT XII—CAUSE OF ACTION GROSS NEGLIGENCE: BY ALL PLAINTIFFS AGAINST THE ENGINEERING DEFENDANTS 478. Plaintiffs and Plaintiff Class incorporate by reference the allegations set forth in all foregoing paragraphs, as if fully set forth herein. 479. The Engineering Defendants owed Plaintiffs and the Class a duty to exercise reasonable care. Upon learning of the release of the contaminants, the Engineering Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property. 480. As alleged herein, the Engineering Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, the Engineering Defendants gross negligently, recklessly, wilfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class. 481. The Engineering Defendants owed Plaintiffs and the Class a duty to act with reasonable care in undertaking their obligations. As professional engineers, the Engineering Defendants had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, the Engineering
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Defendants breached their duties of care by (1) failing to conduct a root cause analysis which would have revealed that the pipes were corroding and causing lead and legionella to enter the residents’ homes; (2) failing to recognize at least several red flags that should alert a prudent engineer to extensive corrosion problems and lead to implementation of effective protective measures; (3) failing to advise the City that they were out of compliance with the Safe Drinking Water Act’s Lead and Copper Rule; (4) failing to advise the City that the addition of a corrosion inhibitor was necessary to prevent lead poisoning and Legionnaires’ disease; and (5) advising the City to use or even increase the dosage of highly acidic ferric chloride, rather than advising that the pH of the water should be increased.
482. Defendants’ conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
483. As a direct and proximate result of the Engineering Defendants’ actions and/or omissions, as alleged in this Consolidated Amended Complaint, Plaintiffs have suffered extensive damages, past, present and future, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury;
b. Substantial economic losses from medical expenses, lost wages, lost income, lost or impaired earning capacity, lost business profits, and reduced property values, among others;
c. Pain and suffering;
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d. Embarrassment, outrage, mental anguish, fear and mortification, denial of social pleasures, and stress related physical symptoms.
PRAYER FOR RELIEF Plaintiffs request the following relief from the Court:
a. An order certifying a damages class pursuant to Fed. R. Civ. P 23(b)(3) and an injunctive relief class pursuant to Fed. R. Civ. P. 23(b)(2);
b. An order declaring the conduct of the Government Defendants unconstitutional;
c. An injunctive order to remediate the harm caused by the Government Defendants’ unconstitutional conduct including, but not limited to: repairs of private property and establishment of medical monitoring to provide health care and other appropriate services to Class members for a period of time deemed appropriate by the Court;
d. Appointment of a monitor who will assist in the development of remedial plans including, but not limited to: early education, education intervention programs, criminal and juvenile justice evaluations;
e. An order for an award of compensatory damages;
f. An order for an award of punitive damages;
g. An order for an award of exemplary damages;
h. An order for equitable relief;
i. An order for pre-judgment and post-judgment interest;
j. An order for an award of reasonable attorney’s fees and litigation expenses; and
k. An order for all such other relief the court deems equitable.
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DEMAND FOR TRIAL BY JURY Plaintiffs demand a trial by jury as to all those issues triable as of right.

Dated: October 27, 2017

Respectfully submitted,

/s/ Theodore J. Leopold Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLL PLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone tleopold@cohenmilstein.com
Kit A. Pierson Joseph M. Sellers Emmy L. Levens Jessica Weiner COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone kpierson@cohenmilstein.com jsellers@cohenmilstein.com elevens@cohenmilstein.com jweiner@cohenmilstein.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone vbhatia@susmangodfrey.com sraymond@susmangodfrey.com

/s/ Michael L. Pitt Michael L. Pitt Cary S. McGehee PITT MCGEHEE PALMER & RIVERS, P.C. 117 West 4th Street Suite 200 Royal Oak, MI 48067 (248) 398-9800 Telephone mpitt@pittlawpc.com cmcgehee@pittlawpc.com
Paul Novak (P39524) Diana Gjonaj (P74637) Gregory Stamatopoulos (P74199) WEITZ & LUXENBERG, P.C. 719 Griswold Street Suite 620 Detroit, MI 48226 pnovak@weitzlux.com dgjonaj@weitzlux.com gstamatopoulos@weitzlux.com
Robin L. Greenwald WEITZ & LUXENBERG, P.C. 700 Broadway New York, NY 10003 (212) 558-5500 rgreenwald@weitzlux.com
Esther E. Berezofsky BEREZOFSKY LAW GROUP, LLC Woodland Falls Corporate Center
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5:16-cv-10444-JEL-MKM Doc # 238 Filed 10/27/17 Pg 155 of 157 Pg ID 8891

Stephen Morrissey Jordan Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey.com jconnors@susmangodfrey.com
Peretz Bronstein Shimon Yiftach BRONSTEIN, GEWIRTZ & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, NY 10165 (212) 697-6484 Telephone peretz@bgandg.com shimony@bgandg.com
Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org
Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310) 789-3100 Telephone khoek@susmangodfrey.com

210 Lake Drive East, Suite 101 Cherry Hill, NJ 08002-1163 (856) 667-0500 eberezofsky@eblawllc.com
Teresa Caine Bingman (P56807) THE LAW OFFICES OF TERESA A. BINGMAN, PLLC 4131 Okemos Road, Suite 12 Okemos, MI 48864 (877) 957-7077 Telephone tbingman@tbingmanlaw.com
William Goodman (P14173) Julie H. Hurwitz (P34720) Kathryn Bruner James (P71374) GOODMAN & HURWITZ PC 1394 E. Jefferson Ave Detroit MI 48207 (313) 567-6170 Telephone bgoodman@goodmanhurwitz.com jhurwitz@goodmanhurwitz.com
Deborah A. LaBelle (P31595) LAW OFFICES OF DEBORAH A. LABELLE 221 N. Main St Ste 300 Ann Arbor MI 48104 (734) 996-5620 Telephone deblabelle@aol.com
Trachelle C. Young (P63330) TRACHELLE C. YOUNG & ASSOC. PLLC 2501 N. Saginaw St Flint MI 485054443 (810) 239-6302 Telephone trachelleyoung@gmail.com
Brian McKeen P34123
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Neal H. Weinfield THE DEDENDUM GROUP (312) 613-0800 Telephone nhw@dedendumgroup.com
Cirilo Martinez (P65074) LAW OFFICE OF CIRILO MARTINEZ, PLLC 3010 Lovers Lane Kalamazoo, MI 49001 (269) 342-1112 Telephone martinez_cirilo@hotmail.com
David J. Shea SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw.com
Mark L. McAlpine (P35583) Jayson E. Blake (P56128) MCALPINE PC 3201 University Drive, Suite 100 Auburn Hills, MI 48326 (248) 373-3700 Telephone mlmcalpine@mcalpinelawfirm.com jeblake@mcalpinelawfirm.com

Claire Vergara P77654 McKEEN & ASSOCIATES, PC 645 Griswold Street, Suite 4200 Detroit, Michigan 48226 (313) 961-4400 Telephone BjMcKeen@mckeenassociates.com Cvergara@mckeenassociates.com
Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) CYNTHIA M. LINDSEY & ASSOCIATES, PLLC 8900 E. Jefferson Avenue, Suite 612 Detroit, MI 48214-2859 (248) 766-0797 Telephone cynthia@cmlindseylaw.com shermane@cmlindseylaw.com
Andrew P. Abood (P43366) ABOOD LAW FIRM 246 East Saginaw Street, Suite One East Lansing, Michigan 48823 (517) 332-5900 Telephone andrew@aboodlaw.com

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing instrument was filed with the U.S. District Court through the ECF filing system and that all parties to the above case were served via the ECF filing system on October 27, 2017.
/s/ Jessica Weiner
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases.

Judith E. Levy

United States District Judge

________________________________/

This Order Relates To:

Carthan v. Snyder Case No. 16-cv-10444

________________________________/

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART BUSCH, COOK, PRYSBY, ROSENTHAL, SHEKTERSMITH, AMBROSE, CROFT, EARLEY, FLINT, GLASGOW, JOHNSON, WALLING, WRIGHT, DILLON, LYON, MDHHS, GOVERNOR SNYDER, THE STATE OF MICHIGAN, AND WURFEL’S MOTIONS TO DISMISS [273, 276, 277, 279, 282], GRANTING IN PART AND DENYING IN PART VEOLIA’S PARTIAL MOTION TO DISMISS [274], GRANTING LAN’S
PARTIAL MOTIONS TO DISMISS [278, 283], DENYING LAN’S MOTION FOR A MORE DEFINITE STATEMENT [283], AND GRANTING WYANT AND PEELER’S MOTIONS TO DISMISS
[281, 294]

On April 25, 2014, Flint, Michigan’s water switched from the supply

provided by the Detroit Water and Sewer Department (“DWSD”) to water

from the Flint River, treated by the Flint Water Treatment Plant

(“FWTP”). As set forth in the complaint, from that switch came the Flint

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water contamination crisis. The water was not treated properly for human consumption, and the residents of Flint did not know that.
Flint’s new water supply flowed brown and full of bacteria and lead. In many homes, lead levels in the water rose dramatically, far past the levels the United States Environmental Protection Agency (“EPA”) indicates require action to remediate. Between April 25, 2014, and October 16, 2015, people who lived and worked in Flint drank this water and now bring this lawsuit seeking damages in response to the injuries they, their property, and their businesses suffered as a result. During this period, some government officials disregarded the risk the water posed, denied the increasingly clear threat the public faced, protected themselves with bottled water, and rejected solutions that would have ended this crisis sooner.
To date, the crisis remains unresolved. Lawsuits are now pending in at least seven different state and federal courts in Michigan. Litigation is prolonged, fact-dependent, and constrained by legal precedent that may be ill-suited to deal with the consequences of approximately one hundred thousand people drinking contaminated water. But however imperfect it may be, litigation is a tool made available by the Constitution
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of the United States and the laws of the state of Michigan, and what follows is this Court’s effort to fairly evaluate the thirteen claims brought in this case by these twelve individuals and three businesses against these twenty-seven defendants.
I. Factual Background The plaintiffs in this putative class action are:
• Elnora Carthan, a 72-year-old widow who lives in Flint and who had elevated lead levels in her water as determined by Virginia Polytechnic Institute in August 2015, and claims personal injury and property damage;
• Rhonda Kelso and her daughter K.E.K., who bathed, washed, and cooked with Flint water until at least January 2015, and claim personal injuries and property damage;
• Darrell and Barbara Davis, who own and live in a home in Flint, and claim personal injuries and property damage;
• Michael Snyder, as personal representative of the Estate of John Snyder, who passed away on June 30, 2015, at Flint’s McLaren Hospital of legionella-related pneumonia, and who claims personal injuries;
• Marilyn Bryson, who has lived in a house in Flint for at least 40 years, and who claims personal injuries and property damage;
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• David Munoz, who has lived in Flint for his entire life and owned a home there for over twenty years, and who claims personal injuries and property damage;
• Tiantha Williams and her daughter T.W., who live in Flint, and used the water until at least December 2015, and claim personal injury;
• Amber Brown and her daughter K.L.D., who was born on November 28, 2014, and claim personal injury;
• Frances Gilcreast, on behalf of her partnership FG&S Investments, which owns multiple properties in Flint, and claims property damage, lost income, and diminution in property value;
• EPCO Sales, LLC, a hardware products company located in Flint, which claims property damage and diminution in the value of its property; and
• Angelo’s Coney Island Palace, Inc., a restaurant chain that has done business in Flint since 1949, which claims property damages and lost revenue.
The defendants in this putative class action are:
• Lockwood, Andrews & Newnam PC, Lockwood, Andrews & Newnam Inc., and the Leo A. Daly Company (collectively “LAN”), who performed engineering work in Flint related to the water supply transition;
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• Veolia LLC, Veolia Inc., and Veolia Water (collectively “Veolia”), who performed engineering work in Flint following the water supply transition, beginning in February 2015;
• Rick Snyder, Governor of Michigan;
• The State of Michigan;
• Daniel Wyant, Director of the Michigan Department of Environmental Quality (“MDEQ”);
• Andy Dillon, Treasurer for the State of Michigan;
• Nick Lyon, former Director of the Michigan Department of Health and Human Services (“MDHHS”);
• Nancy Peeler, former MDHHS Director for the Program for Maternal, Infant, and Early Childhood Home Visiting;
• Liane Shekter-Smith, MDEQ Chief of the Office of Drinking Water and Municipal Assistance;
• Adam Rosenthal, an MDEQ Water Quality Analyst based in the Lansing District Office;
• Stephen Busch, an MDEQ District Supervisor based in the Lansing District Office;
• Patrick Cook, an MDEQ Water Treatment Specialist based in the Lansing District Office;
• Michael Prysby, an MDEQ Engineer assigned to MDEQ District 11 (Genesee County, in which Flint is located); 5

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• Bradley Wurfel, the MDEQ Director of Communications; • Jeff Wright, the Genesee County Drain Commissioner; • Edward Kurtz, the Emergency Manager of Flint from August
2012 through July 2013; • Darnell Earley, Emergency Manager of Flint from September
2013 through January 12, 2015; • Gerald Ambrose, Emergency Manager of Flint from January
13, 2015 through April 28, 2015; • Dayne Walling, Mayor of Flint from August 4, 2009 through
November 9, 2015; • Howard Croft, Flint’s former Director of Public Works; • Michael Glasgow, Flint’s former Utilities Administrator; • Daugherty Johnson, Flint’s former Utilities Administrator;
and • The City of Flint. The following facts are asserted in plaintiffs’ complaint, and taken as true for the purposes of these motions to dismiss. An 1897 city ordinance required that all water pipes in Flint be made of lead. (Dkt. 349 at 38.) In 1917, the Flint Water Treatment Plant
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(“FWTP”) was constructed, and drew water from the Flint River as Flint’s primary water source until 1964, when it went dormant. (Id.) From 1964 through 2014, users of municipal water in Flint, Michigan received their water through the Detroit Water and Sewerage Department (“DWSD”). (Id. at 38.) In 2014, Flint’s water supply switched back to the Flint River, and the water was treated at the FWTP. (Id. at 54.) This case concerns the decision to return to the Flint River as Flint’s primary water source in 2014, and the alleged injuries that arose from that switch.
Beginning in the 1990s, Flint, along with other local governments relying on the DWSD water supply, had concerns about the cost of that supply, and began studying the viability of alternative water supplies. (Id. at 38.) In 2001, Michigan’s Department of Natural Resources noted that businesses along the Flint River had permits to discharge industrial and mining runoff, as well as petroleum and gasoline cleanups. (Id. at 39.) In 2004, a study by the United States Geological Survey, the MDEQ, and the Flint Water Utilities Department determined that the Flint River was a highly sensitive drinking water source susceptible to contamination. (Id.) In 2006 and 2009, Flint and other local governments commissioned a study from LAN regarding the viability of continuing to
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purchase water from the DWSD or constructing a new pipeline, which would be administered by what would later be known as the Karegnondi Water Authority (“KWA”). (Id.)
In 2011, Flint commissioned a study by Rowe Engineering and LAN to determine if the Flint River could be safely used as a water supply. (Id.) The study determined that water from the Flint River would require more treatment than water from Lake Huron, and that proper treatment for Flint River water would require upgrades to the FWTP. (Id.) The report included an addendum that set forth over sixty-nine million dollars in improvements that would be necessary to use Flint River water through the FWTP, including the use of corrosion control chemicals. (Id. at 40.)
In August 2012, Michigan Governor Rick Snyder appointed Edward Kurtz as Flint’s Emergency Manager, following the declaration of a financial emergency in Flint. (Id. at 40.) Emergency managers may be appointed by the governor of Michigan “to address a financial emergency within” a local government, subject to the limitations in Michigan Public Act 436 of 2012. M.C.L. § 141.1549(1).
Upon appointment, an emergency manager shall act for and in the place and stead of the governing body and the office of
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chief administrative officer of the local government. The emergency manager shall have broad powers in receivership to rectify the financial emergency and to assure the fiscal accountability of the local government and the local government's capacity to provide or cause to be provided necessary governmental services essential to the public health, safety, and welfare. Following appointment of an emergency manager and during the pendency of receivership, the governing body and the chief administrative officer of the local government shall not exercise any of the powers of those offices except as may be specifically authorized in writing by the emergency manager or as otherwise provided by this act and are subject to any conditions required by the emergency manager.
M.C.L. § 141.1549(2).
In November 2012, Kurtz suggested to State of Michigan Treasurer
Andy Dillon that Flint join the proposed KWA under the belief that doing
so would save money over continuing to purchase water from the DWSD.
(Dkt. 349 at 40.) The KWA was to be an administrative body overseeing
a pipeline that would use Lake Huron water for the areas it serviced. (Id.
at 39.) Genesee County Drain Commissioner Jeff Wright had encouraged
the formation of the KWA in 2009. (Id. at 40.)
DWSD argued throughout 2012 that Flint should not join the KWA
based on cost and reliability projections. (Id.) It made these arguments
to Governor, Wright, Kurtz, Dillon, and then-Mayor of Flint Dayne 9

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Walling. (Id.) During that period, Wright consistently argued to Kurtz, Dillon, and Governor Snyder that the DWSD studies were wrong. (Id. at 41.) In late 2012, Dillon requested that an independent engineering firm assess the cost effectiveness of joining the KWA. (Id.) The firm concluded that remaining with DWSD was more cost-effective both in the short and long term. (Id.) On March 17, 2013, Dillon e-mailed Governor Snyder and stated that the KWA advocates were misrepresenting the benefits of a switch, and that the “[r]eport I got is that Flint should stay w DWSD.” (Id.)
On March 26, 2013, MDEQ District Supervisor Stephen Busch sent an e-mail to MDEQ Director Daniel Wyant and MDEQ Chief of the Office of Drinking Water and Municipal Assistance Liane Shekter-Smith setting forth risks associated with using the Flint River as Flint’s drinking water source. (Id.) The e-mail stated that the water posed increased health risks, including a microbial risk, a risk of trihalomethane (known as “Total Trihalomethanes” or “TTHM”) exposure, and would come with additional regulatory requirements, including significant upgrades to the FWTP. (Id. at 41-42.)
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On March 27, 2013, MDEQ officials acknowledged that the decision to stay with the DWSD or switch to the Flint River was not based on the scientifically determined suitability of the water, but instead that it was “entirely possible that they will be making decisions relative to cost,” in the words of MDEQ Deputy Director Jim Sygo. (Id. at 42.)
On March 28, 2013, Dillon e-mailed Governor Snyder and other officials, and recommended that the state “support the City of Flint’s decision to join the KWA,” and that all relevant officials supported the move. (Id. at 42-43.) During this period, Governor Snyder was personally involved in the decision-making process. (Id. at 43.) On April 4, 2013, Governor Snyder’s Chief of Staff Dennis Muchmore informed Governor Snyder that “[a]s you know, the Flint people have requested Dillon’s ok to break away from the DWSD.” (Id.) Governor Snyder then instructed his Chief of Staff, Dillon, the Emergency Manager of Detroit Kevin Orr, DWSD, and Kurtz to solicit an additional offer from the DWSD before permitting the transition away from the DWSD. (Id.)
DWSD submitted its final proposal later in April. (Id.) Kurtz and Orr, according to an e-mail from a Senior Policy Advisor in the Michigan Department of Treasury, determined that Flint would not accept the
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DWSD offer. (Id. at 44.) Governor Snyder’s Executive Director forwarded the e-mail to Governor Snyder on April 29, 2013, and stated that it “[l]ooks like they adhered to the plan.” (Id.)
Following this communication, Governor Snyder authorized Kurtz to enter into a contractual relationship with the KWA beginning in mid2016. (Id.) At the time Governor Snyder authorized the switch, he did so knowing the Flint River would be used as an interim source. (Id.) In June 2013, Dillon, Kurtz, Wright, and Walling developed an interim plan to govern the provision of water to Flint between April 25, 2014, and October 2016. (Id.)
On June 10, 2013, LAN submitted a proposal to Flint for upgrading the FWTP. (Id. at 48.) The proposal included a “Scope of Services” section that proposed upgrades to the FWTP that would permit “use of the Flint River as a water supply,” and a “Standards of Performance” section that promised LAN would “exercise independent judgment” and “perform its duties under this contract in accordance with sound professional practices.” (Id. at 49.) Flint retained LAN to advise it on the water source transition through 2015. (Id. at 49-50.)
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On June 29, 2013, LAN met with representatives from Flint, the Genesee County Drain Commissioner’s Office, and MDEQ to discuss logistics related to the transition to the Flint River as Flint’s primary water source. (Id. at 50.) At that meeting, the participants determined that the Flint River was a viable water source, if more difficult to treat, and that upgrades could be made to the FWTP to properly treat the water. (Id.) The parties also determined that it was possible to conduct proper quality control with LAN’s assistance, the FWTP did not have the capacity to meet the needs of both Flint and Genesee County, and the transition could occur by April or May of 2014. (Id. at 51.) LAN agreed to present a comprehensive project proposal with cost estimates. (Id.) LAN ultimately provided engineering services for the transition from July 2013 until the transition occurred on April 25, 2014, including creating the plans and specification for the transition. (Id. at 53-54.)
Kurtz resigned from his Emergency Manager position effective July 2013. (Id. at 45.) Following Michael Brown serving as Emergency Manager for two months, Darnell Earley was appointed as Emergency Manager for Flint in September 2013. (Id.) Part of Earley’s job included
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making sure Flint was in compliance with state and federal laws governing safe drinking water. (Id.)
The transition to the Flint River continued. On March 14, 2014, Brian Larkin, then associate director of the Governor’s Office of Urban and Metropolitan Initiatives, sent an e-mail to others in the Governor’s office stating that the timeframe for switching water supplies was “less than ideal and could lead to some big potential disasters down the road.” (Id. at 45-46.)
On March 20, 2014, MDEQ Chief of the Office of Drinking Water and Municipal Assistance Liane Shekter-Smith ensured that the City of Flint received an Administrative Consent Order requiring use of the FWTP, mandating Flint take steps to continue use of Flint River water or take steps to join the KWA, and attempting to prevent Flint’s return to use of the DWSD. (Id. at 46.) Shekter-Smith had been warned nearly a year earlier about the potential dangers of switching Flint’s water supply to the Flint River. (Id.)
In April 2014, LAN, Flint, and MDEQ officials discussed optimization for lead in the water supply, and decided to seek more data before implementing an optimization method. (Id. at 52.)
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On April 16, 2014, former Flint Utility Administrator Michael Glasgow had informed MDEQ Water Analyst Adam Rosenthal that he would like additional time to ensure the FWTP was meeting requirements before giving the okay to distribute water from it. (Id. at 46.) On April 17, 2014, Glasgow informed MDEQ that the FWTP was not fit to begin operation, and that “management” refused to listen to his warnings. (Id.) On April 18, 2014, Glasgow wrote to Busch and MDEQ Engineer Michael Prysby and informed them that although he was receiving pressure to begin distributing water, he would not give the okay to do so, because he did not feel that staff was trained or proper monitoring was in place. (Id. at 46-47.) Glasgow felt that “management” had its “own agenda.” (Id. at 47.) Glasgow later told investigators that former Flint Director of Public Works Howard Croft and former Flint Utilities Administrator Daugherty Johnson pressured Glasgow to approve and begin the switch to Flint River water. (Id.)
At some point in 2014, MDEQ Water Treatment Specialist Patrick Cook signed the final permit necessary to restart use of the FWTP with the Flint River as the city’s primary water source. (Id. at 48.) The FWTP
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officially went into service and began delivering Flint River water to Flint water users on April 25, 2014. (Id.)
When the transition occurred, Flint’s water treatment system was not prepared to safely deliver Flint River water to users. The river was contaminated with rock-salt chlorides from treatment of roads in and around Flint during past winters. (Id. at 52.) Chlorides are corrosive, and water must be treated to neutralize their corrosive properties. (Id.) This is particularly true in a city like Flint, where most of Flint’s water mains are over seventy-five years old and made of cast iron, leaving them subject to internal corrosion called “tuberculation.” (Id. at 57.) Tuberculation leads to the development of “biofilms,” which are layers of bacteria attached to the interior pipe wall. (Id.) Although LAN provided professional engineering services related to the transition, and those services included ensuring the safety of the water from the Flint River, it did not recommend treatment of the water to prevent corrosion of the pipes. (Id. at 53.)
Within weeks of the transition to Flint River water, residents of Flint began complaining about the smell, taste, and color of the drinking water. (Id. at 54.) Shekter-Smith received many of those complaints,
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including one forwarded from an Environmental Protection Agency (“EPA”) employee regarding rashes linked to the Flint River water. (Id.) Complaints and symptoms related to consumption of the water continued, and on August 14, 2014, Flint water tested above legal limits for coliform and E. coli bacteria. (Id. at 55.) Flint issued boil water advisories on August 16, 2014, and September 5, 2014. (Id.)
In response to these issues, Flint treated the water with additional chlorine. (Id.) However, because Flint’s old water lines were corroded, chlorine attacked the bare metal, rather than the bacteria, leading to further corrosion and the release of TTHM into the water supply. (Id.) A PowerPoint presentation circulated among MDEQ officials in March and April 2015, including Busch, Prysby, and Rosenthal, showed that MDEQ officials knew as early as May 2014 that Flint water contained elevated levels of TTHM. (Id.)
In the summer of 2014, MDHHS reported an outbreak of Legionnaires’ disease in Flint. (Id. at 56.) Legionnaires’ disease infects humans when water droplets containing legionella bacteria are inhaled or legionella-contaminated water is consumed. (Id.) Legionella can enter a water supply when the biofilm attached to a water pipe is stripped
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away, as happened when the Flint River water entered the city’s pipes, and more chlorine was added to treat the water. (Id.)
On October 3, 2014, Flint’s Public Information Officer informed Earley and Ambrose about the spike in Legionnaires’ cases via e-mail. (Id.) Earley responded by denying any connection between Flint water and the outbreak, and stated that the city’s message should be that the outbreak was an internal issue at McLaren Hospital. (Id.) MDHHS personnel did not agree with Earley’s message. (Id. at 57.)
In September 2014, elevated blood lead levels were beginning to be noted in children under the age of sixteen who were living in Flint. (Id.) By October 1, 2014, it was known that the iron pipes making up most of Flint’s water distribution system was one of the causes of the contamination of the water. (Id.)
On October 13, 2014, General Motors stopped the use of Flint River water at its engine plant due to the corrosive nature of the water. (Id.) Governor Snyder’s executive staff was immediately aware of the problem, and on October 14, 2014, Governor Snyder’s Deputy Legal Counsel and Senior Policy Advisor Valerie Brader wrote an e-mail in which she suggested asking Earley to “consider coming back to the [DWSD] in full
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or in part as an interim solution to both the quality, and now the financial, problems that the current solution is causing.” (Id.) Brader intentionally did not distribute this message to MDEQ officials so that it would be exempted from the Freedom of Information Act, but she did coordinate discussions with Earley and officials at MDEQ. (Id. at 58.) In response to this e-mail, Earley rejected the idea of returning to the DWSD on October 14, 2014. (Id.) On October 15, 2014, Governor Snyder’s Legal Counsel, Michael Gadola, stated that use of the Flint River as a water source was “downright scary,” and that Flint “should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.” (Id. at 59.)
By November 2014, LAN knew of the need to analyze the cause of the high TTHM levels in Flint water. (Id. at 60.) On November 26, 2014, LAN issued a twenty-page Operational Evaluation Report regarding the transition, which addressed compliance with EPA and MDEQ regulations, but did not address the potential for lead contamination resulting from the corrosive water flowing through the lead pipes in Flint’s water system. (Id.)
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By December 31, 2014, lead monitoring showed water testing results exceeding the federal Lead and Copper Rule’s action level for lead, which is 15 parts per billion (“ppb”). (Id. at 59.) On January 9, 2015, University of Michigan – Flint water tests revealed elevated lead levels in two locations on campus, which led the University to turn off certain water fountains. (Id.) On January 9, 2015, Earley again refused to return Flint to the DWSD. (Id.)
On January 13, 2015 Earley resigned as Emergency Manager for Flint, and was replaced by Gerald Ambrose. (Id. at 78.) On January 29, 2015, DWSD offered Ambrose an opportunity to reconnect to the DWSD water supply, with the re-connection fee waived. Ambrose rejected the offer. (Id. at 79.)
In January 2015, LeeAnn Walters, a Flint homeowner, contacted the EPA regarding complaints that Flint River water was making her and her family physically ill. (Id.) On January 21, 2015, the State of Michigan ordered water coolers to be installed in state buildings operating in Flint, but did not share this information with the public. (Id. at 78.) On January 27, 2015, Flint received notice from the Genesee County Health Department that it believed the spike in Legionnaires’
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disease cases was linked to the switch to Flint River water. (Id.) On January 28, 2015, MDHHS Director Nick Lyon received materials from an MDHHS epidemiologist showing the 2014 outbreak of Legionnaires’ disease in Genesee County. (Id.)
On February 26, 2015, Jennifer Crooks, an EPA employee, e-mailed MDEQ and EPA employees regarding Walters’ complaints of black sediment in her water. (Id. at 80.) The e-mail noted very high testing results for iron contamination, and noted that Glasgow suggested testing for lead and copper, which resulted in test findings of 104 ppb, well over the federal action levels of 15 ppb. (Id.) The e-mail also noted that the high presence of lead was a sign that there were other contaminants in the water, as well. (Id.) That day, Crooks also sent an e-mail to MDEQ and EPA representatives, opining that the black sediment from Walters’ water was actually lead, and questioning whether the issue was more widespread. (Id. at 80-81.) Crooks also wondered if Flint was using optimal corrosion control. (Id. at 81.) On February 27, 2015, Busch told Del Toral that Flint was using corrosion control, which was false. (Id.)
At some point, Flint issued a request for proposals for engineering companies to serve as a water quality consultant to the city. (Id. at 60-
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61.) Flint sought a consultant who could review and evaluate the City’s water treatment process and its procedures to maintain and improve water quality, to recommend ways to maintain compliance with state and federal agencies, and to assist Flint in implementing those recommendations. (Id. at 61.) In February 2015, Veolia was hired to be Flint’s water quality consultant. (Id.) The contract retaining Veolia stated that Flint would rely on the “professional reputation, experience, certification, and ability” of Veolia. (Id. at 62.)
On February 10, 2015, Veolia and Flint issued a joint press release that touted Veolia’s expertise in “handling challenging river water sources,” and notifying the public of Veolia’s role in evaluating Flint’s water treatment processes. (Id.) On February 10 and 12, 2015, executives at Veolia made statements professing the expertise of the companies and promising to address the issues with Flint’s water. (Id. at 62-63.)
On February 18, 2015, Veolia made an interim report to Flint’s City Council. (Id. at 63.) The report indicated that Flint’s water was “in compliance with drinking water standards,” but that the discoloration of the water “raises questions.” (Id.) The report also stated that medical issues arising from consumption of the water were explained by the fact
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that “[s]ome people may be sensitive to any water.” (Id. at 64.) LAN also released a report addressing TTHM concerns, but that report did not analyze the causes of the high TTHM levels. (Id. at 66.)
On March 12, 2015, Veolia issued a final Water Quality Report. (Id. at 64.) That report was based on a 160-hour assessment of the FWTP, Flint’s distribution system, and related administrative and financial aspects of Flint’s water system. (Id.) The report found that Flint water was in compliance with state and federal water quality regulations, despite public concerns about the color and quality of the water. (Id.) The report also recommended that Flint add polyphosphates to the water supply to minimize the discoloration from iron in the pipes, but that discoloration might happen because of regular breaks and maintenance on the pipes. (Id. at 64-65.) Polyphosphates only addressed issues with the iron pipes, and were not a solution to the issues with the lead pipes. (Id. at 65.)
Meanwhile, Cook told the EPA that Flint was using corrosion control with Flint River water, and forwarded information he knew to be false to the EPA to back up the contention. (Id. at 81.)
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On January 27, 2015, James Henry, Environmental Health Supervisor at the Genesee County Health Department, filed a Freedom of Information Act (“FOIA”) request with Flint to obtain information about Flint’s water supply. (Id.) Johnson stated on February 5, 2015, that he had not received the request, but would fulfill it as soon as possible, but had not done so by March 2015. (Id. at 82.) On March 10, 2015, Henry expressed public concern that Flint and the State of Michigan were stonewalling his requests for information. (Id.)
On March 12, 2015, Shekter-Smith e-mailed Wurfel and MDEQ employees Jim Sygo and Sarah Howes to discuss a FOIA request related to legionella and stated that although the switch to the Flint River may have created conditions that supported legionella growth, there was no evidence that legionella was coming directly from the FWTP or Flint’s water distribution system at the time. (Id. at 83.) On March 13, 2015, Busch made statements that denied any provable connection between the switch to Flint River water and the presence of legionella bacteria in that water supply, and Shekter-Smith approved them. (Id.) During March, members of Governor Snyder’s office were aware of mobilization by Flint-
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area pastors focused on the odor and appearance of Flint water, and of a request by those pastors for water filters. (Id. at 84.)
On March 25, 2015, the Flint City Council voted to reconnect to the DWSD, but Ambrose rejected that vote. (Id.) On April 24, 2015, almost exactly one year after the switch to Flint River water, Cook e-mailed Miguel Del Toral at the EPA and informed him, in contradiction of Cook’s earlier representations, that Flint was not practicing corrosion control at the FWTP. (Id.) On June 24, 2015, Del Toral issued a report noting high lead levels in Flint and the State of Michigan’s complicity in both the high lead levels and the failure to inform users of Flint’s water supply. (Id. at 84-85.) The report was shared with Shekter-Smith, Cook, Busch, and Prysby, but neither they nor any other public official named as a defendant in this lawsuit took measures to effectively address any danger identified in the report. (Id. at 85.)
Between June 30, 2015, and July 2, 2015, Walling and EPA Region 5 Director Dr. Susan Hedman discussed the report, and Hedman stated that it was a preliminary draft from which it would be premature to draw any conclusions. (Id.)
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On July 9, 2015, Glasgow sent an e-mail to Rosenthal describing the clear and undeniable issues that Flint’s lead- and bacteria-tainted water was causing. (Id. at 86.) On July 10, 2015, Wurfel appeared on public radio and made knowingly false statements asserting that Flint River water was safe and causing no “broad problem[s]” with elevated lead levels in the water. (Id. at 85-86.) On July 22, 2015, Governor Snyder’s Chief of Staff wrote to Lyon and stated that the concerns of Flint water users were being “blown off” by the defendants. (Id. at 87.) On July 24, 2015, Wurfel again falsely stated that there were no worries about lead or copper contamination in Flint’s water supply. (Id.)
In that July 24, 2015 statement, Wurfel referenced sampling of the water supply by MDEQ, but that sampling was skewed, and did not resample most lower-lead homes between 2014 and 2015, or any highlead homes between 2014 and 2015. (Id.) The sampling actually covered up high-lead samples. (Id. at 88.) Glasgow ultimately pleaded no contest to willful neglect of duty after being accused of distorting the water test results by asking residents of Flint to run or flush their water before testing, and of failing to obtain water samples from certain houses. (Id.)
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During this time period, Glasgow also stated that Busch and Prysby directed him to alter water quality reports to remove the highest lead levels. (Id.) Rosenthal also allegedly manipulated test results, including a July 28, 2015 report from which Rosenthal excluded high lead-level tests. (Id. at 88-89.)
In August 2015, Professor Marc Edwards of Virginia Tech, who had been testing Flint River water, announced that he believed there was serious lead contamination of the Flint water system, which constituted a major public health emergency. (Id. at 89.) In response, Wurfel attempted to discredit Edwards’ statements by calling the testing “quick” and implying that it was irresponsible. (Id.)
By late 2014 or early 2015, Lyon also knew about the increase in children with elevated blood lead levels and Legionnaires’ disease cases, but did not report these findings to the public or other government officials, or take any steps to otherwise intervene. (Id. at 89-90.) In the summer of 2015, Dr. Mona Hanna-Attisha used data from Hurley Hospital in Flint to note a rise in the number of Flint children with elevated blood lead levels in the second and third quarters of 2014 to publish a study, the purpose of which was to alert Flint water users about
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the health risks associated with the water. (Id. at 90.) The governmental defendants immediately accused Dr. Hanna-Attisha of providing false information to the public. (Id.) On September 28, 2015, Lyon directed his staff to provide an analysis rebutting Dr. Hanna-Attisha’s findings and portraying the rise in elevated blood lead levels as normal results corresponding to seasonal fluctuations. (Id. at 90-91.) Throughout September 2015, Wurfel and the MDEQ continued to issue false statements claiming the water in Flint was safe, and that the people sounding alarms about Flint’s water quality were mistaken or “rogue.” (Id. at 91-92.)
On October 2, 2015, the State of Michigan announced that it would create a Flint Water Advisory Task Force and provide water filters to Flint water users. (Id. at 92.) On October 8, 2015, Governor Snyder ordered Flint to reconnect to the DWSD, and that reconnection took place on October 16, 2015. (Id.) On October 18, 2015, Wyant e-mailed Governor Snyder and admitted that MDEQ made a mistake in not implementing optimized corrosion control from the beginning. (Id. at 93.) On October 19, 2015, the City of Flint Technical Advisory committee listed LAN as the “owner” of the “corrosion control” issue. (Id.)
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Current Flint Mayor Karen Weaver declared a state of emergency in Flint on December 14, 2015. (Id. at 94.) On January 4, 2016, the Genesee County Commissioners likewise declared a state of emergency; Governor Snyder did so on January 5, 2016, and activated the Michigan National Guard to assist Flint on January 13, 2016. (Id.)
II. Procedural History On July 27, 2017, this case was consolidated with eight other class actions. (Dkt. 173.) On August 14, 2017, Case No. 17-cv-10996 was also consolidated with this case. (Dkt. 185.) On September 29, 2017, the first amended consolidated class action complaint was filed. (Dkt. 214.) Then, on October 25, 2017, Case No. 17-10941 was also consolidated with this case. (Dkt. 232.) On October 27, 2017, plaintiffs filed a second amended consolidated class action complaint, adding defendant Nancy Peeler to the case caption. (Dkt. 238.) On December 1, 2017, defendants filed motions to dismiss the complaint. (Dkts. 273, 274, 276-279, 281-283.) Peeler filed her motion to dismiss on December 8, 2017. (Dkt. 294.) On January 25, 2018, plaintiffs filed a third amended consolidated class action complaint, removing references to pending criminal charges against certain
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defendants. (Dkt. 349.) On April 6, 2018, Case No. 15-cv-14002 was

consolidated with this case. (Dkt. 441.) On April 17, 2018, Case No. 16-

cv-10323 was consolidated with this case. (Dkt. 453.)

The final amended complaint asserts the following causes of action

against the following parties:

Count I: Substantive Due Process – State Created Danger
II: Substantive Due Process – Bodily Integrity
III: Equal Protection – Race IV. Equal Protection – Wealth V. 42 U.S.C. § 1985(3) – Invidious Racial Animus VI. M.C.L. § 37.2302 (ELCRA) – Violation of Public Services Provisions

Defendants Governor Snyder, State of Michigan, Wyant, Dillon, Lyon, Peeler, Shekter-Smith, Rosenthal, Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley, Ambrose, Walling, Croft, Glasgow, Johnson, Flint Governor Snyder, State of Michigan, Wyant, Dillon, Lyon, Peeler, Shekter-Smith, Rosenthal, Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley, Ambrose, Walling, Croft, Glasgow, Johnson, Flint Governor Snyder, Dillon, Wright, Walling, Ambrose, Kurtz, Earley Governor Snyder, Dillon, Wright, Walling, Ambrose, Kurtz, Earley Governor Snyder, Dillon, Wright, Walling, Ambrose, Kurtz, Earley Governor Snyder, State of Michigan, Dillon, Wright,

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VII. Monell Liability VIII. Professional Negligence IX. Professional Negligence X. Fraud XI. NIED XII. Negligence XIII. Gross Negligence

Walling, Ambrose, Kurtz, Earley, Flint Flint LAN Veolia Veolia LAN, Veolia LAN, Veolia LAN, Veolia

Oral argument was held on these motions on July 11, 2018. (See Dkt. 532.)
III. Standard of Review When deciding a motion to dismiss under Fed. R. Civ. P. 12(b)(6), the Court must “construe the complaint in the light most favorable to the plaintiff and accept all allegations as true.” Keys v. Humana, Inc., 684 F.3d 605, 608 (6th Cir. 2012). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plausible claim need not contain “detailed factual allegations,” but it must contain more than “labels and conclusions” or “a formulaic recitation of the elements of a cause of action[.]” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007).

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IV. Analysis A. Prior Flint Water Precedent
The Court is bound by the Sixth Circuit’s rulings in two other cases, Mays v. City of Flint, 871 F.3d 437 (6th Cir. 2017) and Boler v. Earley, 865 F.3d 391 (6th Cir. 2017), which were originally handled at the district court level by the Honorable John Corbett O’Meara. Although specific portions of those cases will govern specific analysis of subsequent portions of this opinion, there are general holdings in these two cases that govern the entirety of this opinion. These two cases were also consolidated with this case following remand. (Dkts. 441, 453.)
In relevant part, the Safe Drinking Water Act (“SDWA”) does not preclude plaintiffs’ claims brought under 42 U.S.C. § 1983. Boler, 865 F.3d at 409. The State of Michigan is entitled to sovereign immunity as to all claims asserted against it, and is dismissed from this case. Id. at 413. Flint is a municipality, and is not entitled to Eleventh Amendment immunity. Id. at 414. Finally, the MDEQ defendants were not acting as federal officials during the events at issue in these cases, and are not entitled to any form of immunity based on their purported status as federal officials. Mays, 871 F.3d at 444-49.
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B. LAN’s Motion for a More Definite Statement As part of its motion to dismiss, LAN also seeks to have plaintiffs provide a more definite statement of their claims pursuant to Fed. R. Civ. P. 12(e). (Dkt. 283 at 24.) Motions for more definite statements are disfavored, and should be granted “only if there is a major ambiguity or omission in the complaint that renders it unanswerable.” Farah v. Martin, 122 F.R.D. 24, 25 (E.D. Mich. 1988). LAN argues that the complaint does not distinguish between the Leo A. Daly Company (“LAD”), Lockwood, Andrews & Newnam, P.C. (“LAN P.C.”), and Lockwood, Andrews & Newnam, Inc. (“LAN, Inc.”), making it impossible to tell what each entity did. The Court has addressed the relationship between LAD, LAN P.C., and LAN, Inc. in a prior opinion. (Dkt. 437.) LAD is the parent company of LAN, Inc.; LAN P.C. is a corporation established to satisfy licensing requirements for LAN, Inc. to operate in the state of Michigan. (Id. at 4.) An agreement between LAD and LAN, Inc. establishes a relationship between the two companies in which all LAN, Inc. employees are LAD employees and all LAN, Inc. revenues go to a joint bank account over which LAD had full control. (Id. at 10-11.)
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Because LAN P.C. was a legal entity created solely to permit LAN, Inc. to perform work in Michigan, all work LAN, Inc. performed can be attributed to LAN P.C. Because all employees of LAN, Inc. were actually employees of LAD, all work those employees performed, including the work at issue in this case, can be attributed to LAD. The complaint treats all three companies as a single entity for pleading purposes because, based on the corporate structure of the companies, they are indistinguishable for the purposes of this lawsuit.
LAN also objects to being “lumped in” with Veolia with regard to some allegations. (Dkt. 283 at 26.) The complaint clearly specifies the actions LAN and Veolia each took with respect to Flint’s water supply, and sometimes refers to them jointly because either both sets of defendants had similar duties, if at different times, or because plaintiffs are asserting similar claims against both sets of defendants.
LAN’s motion for a more definite statement is denied. C. Substantive Due Process – State Created Danger
Plaintiffs assert a substantive due process claim under the Fourteenth Amendment for a state created danger against the State of Michigan, Governor Snyder, Wyant, Dillon, Lyon, Peeler, Shekter-Smith,
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Rosenthal, Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley,
Ambrose, Walling, Croft, Glasgow, Johnson, and the city of Flint. To bring a state created danger claim, the individual must show: (1) an affirmative act by the state which either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff wherein the state's actions placed the plaintiff specifically at risk, as distinguished from a risk that affects the public at large; and (3) the state knew or should have known that its actions specifically endangered the plaintiff.
Jones v. Reynolds, 438 F.3d 685, 690 (6th Cir. 2006) (citing Cartwright v. City of Marine City, 336 F.3d 487, 493 (6th Cir. 2003)) (internal quote
marks omitted). i. Threat of Violence From a Third Party
Plaintiffs do not allege that any defendant created or increased the risk that they would be exposed to an act of violence by a third party.
They argue, however, that they do not need to, based on Schneider v. Franklin Cty., 288 F. Appx. 247 (6th Cir. 2008). In that case, the Sixth
Circuit analyzed a state-created danger claim without referencing the third-party requirement of the test. Id. at 252.
However, it is clear that Schneider applied an incomplete version of this circuit’s test for a state-created danger claim. The Schneider court
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cited Kallstrom v. City of Columbus, 136 F.3d 1055, 1066 (6th Cir. 1998)
in setting forth the state-created danger standard. In doing so, however, the Schneider court omitted Kallstrom’s reference to the threat of
violence by a private third party, and then proceeded to analyze the claim without that requirement.
In support of the argument that the Schneider standard is good law in the Sixth Circuit, plaintiffs cite Stiles ex rel. D.S. v. Grainger Cty., 819
F.3d 834 (6th Cir. 2016) and McQueen v. Beecher Cmty. Sch., 433 F.3d 460 (6th Cir. 2006), two cases that also analyzed state-created danger
claims. Stiles involved a state-created danger claim arising from the brutal
emotional, psychological, and physical bullying of a junior high school student by other students. Id. at 840-46. The Stiles court stated:
As a general rule, the State has no obligation to protect the life, liberty, of property of its citizens against invasion by private actors. Two exceptions to this rule exist: 1) where the State enters into a “special relationship” with an individual by taking that person into its custody, and 2) where the State creates or increases the risk of harm to an individual. Because DS was harmed by students rather than school or government officials, there is no constitutional violation unless one of these two exceptions applies.
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Id. at 853 (citing DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189 (1989)) (internal citations omitted) (emphasis added). The court then cited McQueen, supra, for the legal standard for a state-created danger claim. Id. at 854. The standard set forth was: “(1) an affirmative act that creates or increases the risk to the plaintiff, (2) a special danger to the plaintiff as distinguished from the public at large, and (3) the requisite degree of state culpability.” Id. at 854 (citing McQueen, 433 F.3d at 464).
In McQueen, the Sixth Circuit considered whether a grant of summary judgment on a state-created danger claim was proper where a first-grader shot and killed his classmate, and the deceased child’s parent sued the teacher, principal, and school district. McQueen, 433 F.3d at 462-63. The plaintiff brought a variety of claims, among them a statecreated danger claim for failing to protect her daughter from her classmate. Id. at 463.
Quoting Kallstrom, the McQueen court stated that “[l]iability under the state-created-danger theory is predicated upon affirmative acts by the state which either create or increase the risk that an individual will be exposed to private acts of violence.” Id. at 464 (quoting Kallstrom, 136
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F.3d at 1066). The court also noted that a state-created danger claim is traditionally rejected where the act “did not create or increase the risk of private violence to the plaintiff.” Id. at 465 (collecting cases).
In most other circuits, the third-party requirement is also consistently applied. See Rivera v. Rhode Island, 402 F.3d 27, 34-35 (1st Cir. 2005); Lombardi v. Whitman, 485 F.3d 73, 80 (2d Cir. 2007); Pinder v. Johnson, 54 F.3d 1169, 1175 (4th Cir. 1995); Doe ex rel. Magee v. Covington Cty. Sch. Dist. ex rel. Keys, 675 F.3d 849, 857 (5th Cir. 2012); Fields v. Abbott, 652 F.3d 886, 889 (8th Cir. 2011); Gray v. Univ. of Colo. Hosp. Auth., 672 F.3d 909, 917 (10th Cir. 2012); Perez-Guerrero v. U.S. Atty. Gen., 717 F.3d 1224, 1233-34 (11th Cir. 2013); Butera v. Dist. of Columbia, 235 F.3d 637, 651 (D.C. Cir. 2001); but see Doe v. Village of Arlington Heights, 782 F.3d 911, 916-17 (7th Cir. 2015) (omitting thirdparty requirement).
In Kneipp v. Tedder, 95 F.3d 1199, 1204-11 (3d Cir. 1996) the Third Circuit analyzed the third-party requirement for a state-created danger claim and declined to apply it to the claim in front of it, instead opting to apply a standard requiring only that an individual be placed in danger. However, the Third Circuit has inconsistently applied the third-party
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requirement to state-created danger claims since Kneipp. See, e.g., LaGuardia v. Ross Twp., 705 F. Appx. 130, 133 (3d Cir. 2017) (applying the requirement); but see Henry v. City of Erie 728 F.3d 275 (3d Cir. 2013) (omitting the requirement).
Because all events related to plaintiffs’ claims occurred in Michigan, the Court must apply the clearly established state-created danger test set forth in Kallstrom, McQueen, Stiles, and Jones. The complaint does not plead that any act taken by any state actor created or increased the risk of private violence to the plaintiffs.
At oral argument, plaintiffs’ counsel argued that the third-party requirement could be satisfied by, for instance, a situation where a mother fed her child formula mixed with tainted Flint water. The mother would be the private actor, and the child would be the individual harmed under the state-created danger theory. (Dkt. 532 at 212.)
The Court rejects this theory in its entirety. The residents of Flint were all made to use contaminated water that leached lead and bacteria from old lines. Parents, many of them struggling to even pay for the water the city provided, whether from the DWSD or the Flint River, used what resources they had available to them. For much of the time the Flint
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River was used as Flint’s primary water source, residents did not and could not have known the danger the water posed to them or their families. To entertain plaintiffs’ counsel’s theory of harm, the Court would have to find that a loving parent, seeking only to provide their child with food or water, committed an intentional or at least negligent act of violence against his or her own child. According to counsel, every person who showered or washed their hands or made coffee or boiled pasta with bacteria-infected, lead-tainted water provided to them by their government committed repeated acts of violence against themselves, their families, their friends, and their guests. This is not what the statecreated danger theory was developed to address.
Plaintiffs have failed to plead that the actions of the governmental actors named in this claim created or increased the risk of harm from a third party, and for this reason, this particular claim must be dismissed.
ii. Specific Endangerment of Plaintiffs Even if the Court could determine that the third-party harm requirement of plaintiffs’ state-created danger claim had been met, such a claim will stand only where “the government could have specified whom it was putting at risk, nearly to the point of naming the possible victim
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or victims.” Reynolds, 438 F.3d at 696. The state-created danger must be a “special danger” to a “discrete class of individuals.” Schroder v. City of Fort Thomas, 412 F.3d 724, 729 (6th Cir. 2005). It is not sufficient for the purposes of this claim if the specific danger is “no more a danger to [the plaintiff] than to any other citizen on the City streets.” Jones v. City of Carlisle, 3 F.3d 945, 949-50 (6th Cir. 1993). The danger may not be one that “affects the public at large.” Kallstrom, 136 F.3d at 1066.
Plaintiffs argue that the entire population of Flint constitutes a discrete class of individuals. (Dkt. 379 at 82-84.) They argue that the “government could have specified whom it was putting at risk, nearly to the point of naming the possible victim or victims,” Reynolds, 438 F.3d at 696, because “identifying those at risk would have been as simple as looking up the names and addresses of residents and businesses serviced by Flint’s water.” (Dkt. 379 at 83.)
The Sixth Circuit has routinely held that threats to any person on the street or to the public at large do not constitute risks that are specific enough for the purposes of a state-created danger claim. See, e.g., City of Carlisle, 3 F.3d at 950 (the city permitting an epileptic individual to maintain a driver’s license posed a danger to any citizen on the streets);
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Janan v. Trammell, 785 F.2d 557, 560 (6th Cir. 1986) (a parolee’s release endangered plaintiff as a member of the public at large); Schroeder, 412 F.3d at 729 (government’s creation of a street, and management of traffic conditions, posed a general risk to the public).
The largest groups the Sixth Circuit has determined were able to pursue a state-created danger claim were in Kallstrom, where a city’s release of private information from the personnel files of three undercover officers “placed the personal safety of the officers and their family members, as distinguished from the public at large, in serious jeopardy,” id., 136 F.3d at 1067, and in McQueen, where the risk of a shooter in a school posed a risk to the five students in the room with him and even those in the school building, but all those outside the school building constituted “the general public.” Id., 433 F.3d at 468.
An entire city, plus all those who visit, work, or pass through that city is, by definition, “the general public.” Plaintiffs set the bar for the general public at “the general public of Michigan residents.” (Dkt. 379 at 84.) However, there is no case that supports this definition.
This claim must also be dismissed for failure to satisfy this element of the state-created danger test.
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D. Substantive Due Process – Bodily Integrity Plaintiffs assert a substantive due process claim for bodily integrity, virtually identical to the claim asserted in Guertin v. Michigan, Case No. 16-cv-12412, where the Court found plaintiffs had properly pleaded such a claim against certain defendants. Numerous plaintiffs in this matter are not individuals, but instead businesses. Bodily integrity claims are premised on “the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” Union Pac. Ry. Co. v. Botsford, 141 U.S. 250, 251 (1891). The Court can find no case that extends the fundamental right of bodily integrity to a business or business relationship, or to the property owned or used in a business’s operations. Accordingly, this claim is dismissed as to Frances Gilcreast, Epco Sales, LLC, and Angelo’s Coney Island Palace, Inc.
i. Guertin v. Michigan The Court analyzed the bodily integrity claim in Guertin as follows, and will adopt the same substantive analysis here, subject to fact-specific
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inquiry as to the liability of each named governmental defendant as
alleged in the complaint:
In Count 4, plaintiffs bring a § 1983 substantive due process claim, alleging that all defendants except Veolia and Lockwood unlawfully violated their fundamental interest in bodily integrity. Defendants argue that only a forcible physical intrusion into a person's body against the person's will without a compelling state interest will suffice, and also that plaintiffs fail to plead that defendants were motivated by malice or sadism.
[…]
“The touchstone of due process is protection of the individual against arbitrary action of the government,” and the Supreme Court has defined such a violation as “executive abuse of power as that which shocks the conscience” in the “constitutional sense.” Cty. of Sacramento v. Lewis, 523 U.S. 833, 845-46 (1998). To plead this claim against each executive official in this case, “plaintiffs must show[ ] not only that the official's actions shock the conscience, but also that the official violated a right otherwise protected by the substantive Due Process Clause.” See Martinez v. Cui, 608 F.3d 54, 64 (1st Cir. 2010) (citing cases).
It has long been held that one's right to bodily integrity is a fundamental interest under the Constitution. Union Pac. Ry. Co. v. Botsford, 141 U.S. 250, 251 (1891) (“No right is held more sacred, or is more carefully guarded by the common law, than the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.”); see Albright v. Oliver, 510 U.S. 266, 272 (1994) (“The protections of substantive due process have for the most part been accorded to matters relating to marriage, family, procreation, and the right to bodily integrity.”). As to
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the first prong of the qualified immunity analysis, plaintiffs' “allegations give rise to a constitutional violation.” Shreve, 743 F.3d at 134. They have a fundamental interest in bodily integrity under the Constitution, and, as set forth below, defendants violated plaintiffs' fundamental interest by taking conscience-shocking, arbitrary executive action, without plaintiffs' consent, that directly interfered with their fundamental right to bodily integrity. Lewis, 523 U.S. at 84546; Cui, 608 F.3d at 64; see generally Siegert v. Gilley, 500 U.S. 226, 232 (1991) (“A necessary concomitant to the determination of whether the constitutional right asserted by a plaintiff is ‘clearly established’ at the time the defendant acted is the determination of whether the plaintiff has asserted a violation of a constitutional right at all.”). As to the second prong of the qualified immunity analysis, a series of Supreme Court cases over the last seventy-five years makes clear that defendants violated plaintiffs' clearly established rights.
The Court may consider decisions by the United States Supreme Court, the Sixth Circuit, and district courts within the Sixth Circuit to determine whether the law has been clearly established. Higgason v. Stephens, 288 F.3d 868, 876 (6th Cir. 2002). Decisions from other circuits may be considered “if they ‘point unmistakably to the unconstitutionality of the conduct complained of and [are] so clearly foreshadowed by applicable direct authority as to leave no doubt in the mind of a reasonable officer that his conduct, if challenged on constitutional grounds, would be found wanting.’ ” Barrett v. Stubenville City Sch., 388 F.3d 967, 972 (6th Cir. 2004) (quoting Ohio Civil Serv. Emps. Ass'n v. Seiter, 858 F.2d 1171, 1177 (6th Cir. 1988)) (alterations in original).
In 1990, the Court held that the “forcible injection of medication into a nonconsenting person's body represents a substantial interference with that person's liberty.” Washington v. Harper, 494 U.S. 210, 229 (1990); see
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also Cruzan v. Dir. Mo. Dep't of Health, 497 U.S. 261, 278 (1990) (“[A] competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment.”). Whether such intrusion is consensual has been a key consideration in determining the constitutionality of such invasion of an individual's person since at least 1942, when the Supreme Court held that the forced sterilization of adults is unconstitutional. Skinner v. Oklahoma, 316 U.S. 535, 541 (1942); see also Winston v. Lee, 470 U.S. 753, 766-67 (1985) (the potentially harmful, nonconsensual surgical intrusion into a suspect's chest to recover a bullet without a compelling need is unconstitutional).
That defendants here violated plaintiffs' clearly established right to be free from conscience-shocking, arbitrary executive action that invades their bodily integrity without their consent is further exemplified by courts of appeals' decisions interpreting these Supreme Court cases. See, e.g., Barrett v. United States, 798 F.2d 565, 575 (2d Cir. 1986) (no qualified immunity, because actions of defendants violated New York law by administering a “dangerous drug to human subjects without adequate warning or notice of the risk involved,” and thus defendants “could be held responsible in damages for the consequences”); Lojuk v. Quandt, 706 F.2d 1456, 1465-66 (7th Cir. 1983) (noting that “compulsory treatment with antipsychotic drugs may invade a patient's interest in bodily integrity, personal security and personal dignity...., [and] compulsory treatment may invade a patient's interest in making certain kinds of personal decisions with potentially significant consequences,” in holding that these fundamental interests are implicated by compulsory electro shock therapy—“It should be obvious in light of this liberty interest that the state cannot simply seize a person and administer [electro shock therapy] to him without his consent”); Rogers v. Okin, 634 F.2d 650, 653 (1st Cir. 1980) (“[A] person has a constitutionally protected interest in being left free by the state to decide for himself whether to submit to the serious and potentially harmful medical treatment that is
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represented by the administration of antipsychotic drugs.”), vacated and remanded Mills v. Rogers, 457 U.S. 291, 303 (1982) (only applies to involuntarily admitted patients).
It would be readily apparent to any reasonable executive official, given this landscape, that a government actor violates individuals' right to bodily integrity by knowingly and intentionally introducing life-threatening substances into such individuals without their consent, especially when such substances have zero therapeutic benefit. Cf. Harper, 494 U.S. at 229 (noting that although “therapeutic benefits of antipsychotic drugs are well documented, it is also true that the drugs can have serious, even fatal, side effects”). This is not a case in which there are only a “few admittedly novel opinions from other circuit or district courts,” which would be insufficient “to form the basis for a clearly established constitutional right.” Barrett, 388 F.3d at 972. The breadth and depth of the case law “point[s] unmistakably to the unconstitutionality of the conduct complained of” here, which was “so clearly foreshadowed by applicable direct authority as to leave no doubt in the mind of a reasonable officer that his conduct, if challenged on constitutional grounds, would be found wanting.” Id. (quoting Seiter, 858 F.2d at 1177).
[…]
Plaintiffs plead (with particularity as to which defendant did what) that these defendants were the decision makers responsible for knowingly causing plaintiffs to ingest water tainted with dangerous levels of lead, which has no therapeutic benefits, and hiding the danger from them. The emergency managers and individual state employees switched the source of Flint's water from the Detroit River to the Flint River, then knowingly took deliberate action that violated federal and state, civil and possibly even criminal law, which caused the lead levels in Flint's water to rise to dangerous levels. They knew that their actions were exposing
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the residents of Flint, including plaintiffs, to dangerous levels of lead. Lead poisoning caused plaintiffs to suffer from severe medical problems with their hair, skin, digestive system, and organs, as well as brain and other developmental injuries including cognitive deficits, among other issues. (Dkt. 1 at 65.)
And when the evidence confirmed that, in fact, the lead levels in the water and in residents' blood were rising, these defendants worked to discredit the evidence and knowingly and proactively made false statements to the public to persuade residents that the water was safe to consume. They did so, even though their own testing revealed the opposite. Many residents, plaintiffs included, continued to consume the water in reliance on defendants' false assurances.
It cannot be that such actions are not “so egregious, so outrageous, that [they] may fairly be said to shock the contemporary conscience.” See Lewis, 523 U.S. at 847 n.8. Nor can it be said that reasonable officials would not have had fair notice that such actions would violate the Constitution, i.e., that defendants were violating plaintiffs' clearly established right to bodily integrity and to be free from arbitrary, conscience shocking executive action. As recently reiterated by the Sixth Circuit, immunity does not extend to “the plainly incompetent or those who knowingly violate the law.” Arrington-Bey v. City of Bedford Heights, No. 16-3317, 2017 U.S. App. LEXIS 3429, at *8, 2017 WL 2432389 (6th Cir. Feb. 24, 2017) (quoting White v. Pauly, ––– U.S. ––––, 137 S. Ct. 548, 551 (2017)). And particularly with respect to the individual governmental defendants who are facing felony and misdemeanor criminal charges pursuant to the Michigan Attorney General's Flint Water Investigation, qualified immunity cannot and should not protect them from civil liability for the constitutional violations that are pleaded against them. Id.; see Barrett, 798 F.2d at 575 (no qualified
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immunity for defendants who knowingly violated state criminal law).
Again, plaintiffs' involuntariness here is key. See Riggins v. Nevada, 504 U.S. 127, 137-38 (1992) (forced administration of antipsychotic medication during trial violated Fourteenth Amendment); Harper, 494 U.S. at 229 (“The forcible injection of medication into a nonconsenting person's body represents a substantial interference with that person's liberty.”); Cruzan, 497 U.S. at 278 (“[A] competent person has a constitutionally protected liberty interest in refusing unwanted medical treatment.”); Rochin v. California, 342 U.S. 165, 172 (1952) (“Illegally breaking into the privacy of the petitioner, the struggle to open his mouth and remove what was there, the forcible extraction of his stomach's contents.... This is conduct that shocks the conscience.”). Plaintiffs' exposure to dangerous levels of lead was involuntary on two levels.
First, it was involuntary because these defendants hid from plaintiffs that Flint's water contained dangerous levels of lead. Misleading Flint's residents as to the water's safety—so that they would continue to drink the water and Flint could continue to draw water from the Flint River—is no different than the “forced, involuntary invasions of bodily integrity that the Supreme Court has deemed unconstitutional.” See Heinrich ex rel. Heinrich v. Sweet, 62 F. Supp. 2d 282, 313-14 (D. Mass. 1999) (utilizing false pretenses to engage patients in participating in radiation treatments with no therapeutic value no different than “forced, involuntary invasions of bodily integrity that the Supreme Court has deemed unconstitutional”). Second, it was involuntary because under state and municipal law, plaintiffs were not permitted to receive water in any other way. See Flint Code of Ord. §§ 4625, 46-26, 46-50(b). The city defendants themselves make this
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argument. (See Dkt. 52 at 37.) Even had plaintiffs wanted to receive water from a different source, they would not have been permitted to.
Defendants claim they had a legitimate state interest in lowering the cost of Flint's water services. Accepting that as true, any such cost-cutting measure cannot justify the harm that was knowingly inflicted on plaintiffs without their consent. This is especially so given that Michigan law “forbids the price [of any water sold] to exceed[ ] ‘the actual cost of service as determined under the utility basis of ratemaking.’” Davis v. City of Detroit, 269 Mich. App. 376, 379 (2006) (quoting MICH. COMP. LAWS § 123.141).
Guertin v. Michigan, Case No. 16-CV-12412, 2017 U.S. Dist. LEXIS
85544, at *62–72 (E.D. Mich. June 5, 2017).
The Court also collected a variety of cases supporting the holding
that plaintiffs’ right to bodily integrity was clearly established in this
context:
See also Wright v. City of Phila., No. 10-1102, 2015 U.S. Dist. LEXIS 25278, at *37-38, 2015 WL 894237 (E.D. Pa. Mar. 2, 2015) (it is clearly established that the substantive due process right to bodily integrity is violated when the state allows individuals to suffer from prolonged asbestos exposure in part because “[t]he health effects associated with asbestos exposure have been within the public's knowledge for years”); Athans v. Starbucks Coffee Co., No. CV-06-1841-PHXDGC, 2007 U.S. Dist. LEXIS 21412, at *9, 2007 WL 899130 (D. Ariz. Mar. 23, 2007) (citing Supreme Court, Ninth Circuit, and Fourth Circuit cases to find that a pro se plaintiff states a claim by alleging “intentional poisoning” by a government
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official); Bounds v. Hanneman, No. 13-266 (JRT/FLN), 2014 U.S. Dist. LEXIS 43947, at *27-29, 2014 WL 1303715 (D. Minn. Mar. 31, 2014) (denying qualified immunity because “a reasonable officer should have known that providing an illicit drug to a citizen, where such provision was not required by the officer's legitimate duties, violates clearly established law”); In re Cincinnati Radiation Litig., 874 F. Supp. 796, 818 (S.D. Ohio 1995) (“[B]etween 1960 and 1972 the right to due process as enunciated in Rochin [v. California, 342 U.S. 165 (1952) ] was sufficiently clear to lead a reasonable government official to the conclusion that forcing unwitting subjects to receive massive doses of radiation was a violation of due process.”); Thegpen v. Dillon, No. 88 C 20187, 1990 U.S. Dist. LEXIS 3132, at *9-11, 1990 WL 32656 (N.D. Ill. Feb. 1, 1990) (clearly established that “compulsory treatment with antipsychotic drugs may invade a patient's interest in bodily integrity”); Osgood v. District of Columbia, 567 F. Supp. 1026, 1033 (D.D.C. 1983) (“[t]here is no serious dispute” that administering psychotropic drugs against an inmate's will violated the Due Process Clause of the Fifth Amendment).
Id. at *67 n.7.
ii. Branch v. Christie
Many of the defendants rely on Branch v. Christie, No. 16-2467,
2018 U.S. Dist. LEXIS 3381 (D. N.J. Jan. 8, 2018), an unpublished
District of New Jersey decision, to argue that the Court’s decision in
Guertin was wrongly decided.
In Branch, parents of children who attended Newark, New Jersey
public schools sued various state and local officials, including the school
district, for exposing their children to lead through the school system’s
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water supply. Id. at *2. Plaintiffs alleged that defendants became aware of the lead contamination in March 2011, failed to disclose the contamination, and failed to do basic monitoring or maintenance of the water fountains, including changing lead filters. Id. at *3. Plaintiffs also alleged that during this period, the government officials routinely misled them about the safety of the water. Id. at *3-4.
Among other claims, plaintiffs asserted substantive due process claims for both state-created danger and bodily integrity. Id. at *4. That Court dismissed the claims for several reasons.
First, the Branch court noted that the complaint did not allege “which public schools the children attended, when the children attended the schools, how often the children were exposed to the water, whether the children drank from the ‘several’ faucets that had outdated filters, when the children’s alleged symptoms started, or when the children were tested for lead poisoning.” Id. at *4. Here, each plaintiff has pleaded use of contaminated water from a citywide source for personal or business use, and suffering of personal injury or property damage as a result. The Branch plaintiffs did not plausibly plead that their children were exposed to lead-contaminated water, particularly as they did not allege injury on
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a system-wide basis, but instead cited a test that measured elevated lead levels in fifteen percent of Newark schools. Id. at *4.
Second, the Branch court’s analysis of the plaintiffs’ constitutional claims is either inapplicable or unclear in relation to the bodily integrity claim asserted here. In a section entitled “Section 1983,” that court analyzed plaintiffs’ state-created danger claim under the Third Circuit’s test, which as set forth above, differs substantially from the Sixth Circuit’s test. Id. at *17-18. The Branch court then determined that “the state-created danger theory is essentially based on the same allegations as the bodily integrity theory,” id. at *19, and proceeded to continue to analyze the state-created danger claim. Id. at *19-20 (analyzing Phillips v. Cty. of Allegheny, 515 F.3d 224 (3d Cir. 2008) (successful state-created danger claim) and L.R. v. Sch. Dist. of Philadelphia, 836 F.3d 235 (3d Cir. 2016) (unsuccessful state-created danger claim)). In other words, that court collapsed the analysis of the bodily integrity claim into the statecreated danger claim without differentiation.
To the extent the Branch court considered the bodily integrity claim at all, it cited two cases in support of the proposition that “substantive due process has been found not to guarantee a safe working environment
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or a right to minimum levels of safety in certain arenas.” Id. at *20 (citing Collins v. City of Harker Heights, Tex., 503 U.S. 115 (1992) and Searles v. S.E. Penn. Transp. Auth., 990 F.2d 789 (3d Cir. 1993)) (emphasis in original). Plaintiffs’ bodily integrity claim in this case does not rest on a right to a safe working environment or minimum levels of safety during public transportation, but instead on the affirmative acts of government officials that knowingly and/or intentionally introduced health- and lifethreatening substances into the bodies of individuals without their consent, and without any therapeutic benefit.
iii. Facts Alleged as to Each Defendant Next, the Court must determine whether the allegations in the complaint give rise to liability for each defendant under this legal theory. The Court takes the allegations in the complaint as true, and bases its evaluation of the sufficiency of the pleadings on the assumed truth of those allegations. At this stage of the case, a plaintiff’s claims need only be plausible, not probable. Iqbal, 556 U.S. at 678. Multiple plausible interpretations of a set of facts may exist, but what matters is the Court’s ability to “draw
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the reasonable inference that the defendant is liable for the misconduct alleged” from the facts as set forth in the complaint. Id.
Governor Rick Snyder In August 2012, Governor Snyder appointed Kurtz as Flint’s first Emergency Manager, following a declaration of financial emergency in Flint. As various officials investigated the possibility of Flint joining the KWA throughout 2012, Governor Snyder was part of the group considering whether doing so would be cost-effective. Throughout 2013, Snyder was personally involved in the KWA decision-making process. In late April or early May of 2013, Governor Snyder authorized Kurtz to enter into a contractual relationship with the KWA, which would use the Flint River as an interim water source. After the switch, Governor Snyder’s staff routinely discussed the issues with Flint’s water, and internally recommended that Flint go back to the DWSD. It is not alleged that Governor Snyder was personally a part of these communications. However, on October 8, 2015, Governor Snyder ordered Flint to reconnect to the DWSD. Plaintiffs allege that Governor Snyder was a critical part of Flint’s switch from the DWSD to the Flint River. But plaintiffs do not allege that
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Governor Snyder was aware of the dangers of the Flint River when that decision was made. The right to bodily integrity, as set forth above, protects people from being intentionally exposed to toxic substances by the government, including later deceptions or acts designed to conceal or prolong the harm. But each act giving rise to such a claim requires that plaintiffs plead intent or knowledge, and plaintiffs do not plead that Governor Snyder knew of the dangers of Flint River water when authorizing the switch. The substantive due process right to bodily integrity is not a constitutional tort for negligence. See Lewellen v. Metro. Gov’t of Nashville and Davidson Cty., Tenn., 34 F.3d 345, 348 (6th Cir. 1994) (stating that negligence does not constitute a deprivation of a constitutionally protected interest).
Further, a supervisor may only be held constitutionally liable where “the supervisor encouraged the specific incident of misconduct or in some other way directly participated in it, or at least implicitly authorized, approved or knowingly acquiesced in the unconstitutional conduct of the offending subordinate.” Leary v. Daeschner, 349 F.3d 888, 903 (6th Cir. 2003) (citations and internal quotation marks omitted). Plaintiffs do not plead that Governor Snyder was either
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included on or aware of the e-mail chains between members of his staff sent after the switch, when his staff called water from the Flint River “downright scary” and stated a desire to get Flint “back on the Detroit system as a stopgap ASAP[.]” (Dkt. 349 at 59.)
Plaintiffs base their bodily integrity claim related to the decision to switch to the Flint River on the fact that defendants did so “knowing that the switch would injure Flint residents.” (Dkt. 379 at 72.) Plaintiffs cite numerous studies detailing the risks of Flint River water prior to 2012. (Dkt. 349 at 39-40.) They also cite communications in 2013 involving MDEQ and MDHHS officials that raised serious concerns about the health risks the Flint River posed. (Id. at 41-42.) But plaintiffs allege only that in June 2013, Governor Snyder “knew that Flint River water would be used as an interim source of water.” (Id. at 45.) In contrast, plaintiffs allege that prior to the switch, “Dillon, Kurtz, Wright, and Walling knew that in 2011 the Flint River was professionally evaluated and rejected as a drinking source,” (id.) which refers to a 2011 analysis done by LAN and non-party Rowe Engineering that “cautioned against the use of the Flint River” and stated that water would only be safe to use if properly treated following improvements to the FWTP. (Id. at 39.)
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Plaintiffs have alleged that other defendants involved in the toplevel decisions surrounding the switch to the Flint River knew of and disregarded risks to the health and safety of Flint’s water users. But they have not made those same allegations with regard to Governor Snyder. For these reasons, plaintiffs have failed to plausibly assert a bodily integrity claim against Governor Snyder, and he is dismissed from this case.
Andy Dillon Dillon, Michigan’s State Treasurer, was involved in the decision to switch Flint to Flint River water. After conversations in 2012 with Kurtz and DWSD, Dillon ordered a cost effectiveness analysis by an independent engineering firm that studied Flint potentially joining the KWA. On March 17, 2013, following receipt of the firm’s report, Dillon argued to Governor Snyder that KWA advocates were misrepresenting the benefits of the switch, and that the “[r]eport I got is that Flint should stay w DWSD.” (Id. at 41.) However, on March 28, 2013, Dillon e-mailed Governor Snyder and other officials, and recommended that Flint join the KWA. Communications from Governor Snyder’s office indicate that Dillon was
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the one who would give approval to terminate Flint’s relationship with DWSD and switch to Flint River water. Dillon was part of a group that solicited a final (and ultimately rejected) bid from the DWSD.
Dillon was also part of the group, which included Kurtz, Wright, and Walling, that developed an interim plan to govern provision of water for Flint between April 25, 2014, and October 2016. At the time this group met, they were aware of a 2011 analysis that cautioned against using the Flint River unless the water was properly treated following extensive improvements to the FWTP.
Dillon, like Governor Snyder, played a critical role in Flint’s switch to the Flint River. But unlike Governor Snyder, Dillon is plausibly alleged to have been aware of the risks that the Flint River posed to potential users, yet still developed and approved a plan that would expose those users to contaminated water due to lack of proper treatment, and maintained control over or input into Flint’s choice of water supply through the April 25, 2014 switch. Because plaintiffs have alleged that Dillon took affirmative – and decisive – steps to expose Flint water users to contaminated water, plaintiffs have alleged arbitrary action that
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shocks the conscience, and have plausibly asserted a bodily integrity claim against Dillon.
Daniel Wyant Wyant, who is the Director of MDEQ, is alleged to have received a March 26, 2013 e-mail from Busch setting forth the risks of the Flint River as a water supply. On October 18, 2015, Wyant e-mailed Governor Snyder and admitted that MDEQ made a mistake in not implementing optimized corrosion control from the outset of Flint’s switch to the Flint River. Neither of these allegations gives rise to a plausible bodily integrity claim, because they do not allege intentional or knowing acts on the part of Wyant that either exposed Flint water users to contaminated water, or deceived those users about the risks the water posed. Instead, plaintiffs allege only that Wyant received information in March 2013 and took no action, and admitted a grave error on the part of MDEQ after Flint’s water supply switched back to DWSD. Plaintiffs have not plausibly asserted a bodily integrity claim against Wyant, and he is dismissed from this case.
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Nick Lyon Lyon, former Director of MDHHS, received materials on January 28, 2015, from an MDHHS epidemiologist detailing the 2014 Legionnaires’ disease outbreak in Genesee County. On September 28, 2015, Lyon directed his staff to rebut findings by Dr. Mona HannaAttisha that there was a rise in the number of Flint children with elevated blood levels in the second and third quarters of 2014. The rebuttal involved falsely portraying the rise in elevated blood lead levels as normal and corresponding to seasonal fluctuations. Flint was reconnected to the DWSD on October 16, 2015. Lyon’s alleged deceptions related to a water supply that was in use for only eighteen days after the statements began to be made. But what is relevant is that Flint’s water users were exposed to that contaminated water while those statements were being made, and Lyon made those affirmative efforts to deceive the users of Flint water months after elevated lead levels in Flint’s water were undeniably known. That deception, even if only for a period of eighteen days, plausibly led to more Flint water users being exposed to contaminated water. Further, as alleged in the complaint, the remediation efforts since October 2015 have
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been insufficient. A government official’s intentional deception about the safety of a mandatory water supply that posed a danger after the switch back to DWSD would have clear consequences for users of Flint water.
Deception may not always give rise to a bodily integrity claim, but it does here, where the clear outcome of the deception is to continue the harm to those involuntarily ingesting a substance contaminated as a result of the government’s own actions. Plaintiffs plead the essence of arbitrary government action that shocks the conscience, and have plausibly asserted a bodily integrity claim against Lyon.
Liane Shekter-Smith Shekter-Smith, MDEQ’s Chief of the Office of Drinking Water and Municipal Assistance, received Busch’s March 26, 2013 e-mail setting forth the health risks of using the Flint River as Flint’s water source, as well as the need for costly upgrades to the FWTP in order for Flint Water to be safely used. On March 20, 2014, Shekter-Smith ensured that Flint received an Administrative Consent Order requiring use of the FWTP and pushing Flint toward the KWA, which would prevent Flint from returning to the DWSD.
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Weeks after the transition, Shekter-Smith received many complaints about the smell, taste, and color of the drinking water. On March 12, 2015, Shekter-Smith e-mailed Wurfel and two other MDEQ employees to discuss a FOIA request related to legionella, and stated that there was no evidence at the time that legionella was coming directly from the FWTP of Flint’s water distribution system. On March 13, 2015, Shekter-Smith approved public statements issued by Busch reiterating her statements about the lack of evidence linking Flint’s water with legionella. On June 24, 2015, an EPA regulator issued a report noting Flint’s high lead levels and the government’s complicity in creating the issue and failing to notify the public, which Shekter-Smith received, but did not act on.
Plaintiffs do not allege that Shekter-Smith’s statements regarding legionella were deceptive, only that they were wrong. Those statements, along with Shekter-Smith’s failure to act on the EPA report or the complaints she received, are not grounds for a bodily integrity claim, because they are not acts of intention or deception.
Shekter-Smith’s March 20, 2014 issuance or approval of the Administrative Consent Order that permitted the switch to the Flint
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River, however, is grounds for a bodily integrity claim. Shekter-Smith had been made aware a year prior of the health risks the Flint River posed to potential users, yet took affirmative steps to ensure that Flint’s water users were made to consume water from that dangerous source. She was also aware that for Flint River water to be safe for Flint’s water users, a number of costly upgrades would have to be made to the FWTP, and it is plausibly alleged that she knew no such upgrades had been or would be made at the time of the switch she approved. This is arbitrary, conscience-shocking action, and plaintiffs have plausibly asserted a bodily integrity claim against Shekter-Smith.
Adam Rosenthal Rosenthal, an MDEQ Water Quality Analyst based in the Lansing District Office, is alleged to have been asked by Glasgow on April 16, 2014, for more time to ensure the FWTP was meeting requirements before approving water distribution from the plant. In March or April of 2015, Rosenthal received a PowerPoint presentation that showed MDEQ officials knew as early as May 2014 that Flint River water contained elevated levels of TTHM. On July 9, 2015, Rosenthal received an e-mail from Glasgow describing the numerous serious issues arising from Flint’s
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contaminated water. During this time, Rosenthal is also alleged to have manipulated test results for lead levels to deceive Flint water users, including a July 28, 2015 report from which he excluded high lead-level tests. Plaintiffs have alleged that Rosenthal took actions that shock the conscience.
Rosenthal took affirmative acts to deceive the public about the risks they faced from Flint’s water by altering test results, which contributed to Flint water users’ continued use of Flint River water. But the remainder of the allegations against him do not give rise to a bodily integrity claim, because they consist either of conversations or information provided to Rosenthal that did not result in an affirmative act or deception on his part. Plaintiffs have plausibly asserted a bodily integrity claim against Rosenthal.
Stephen Busch Busch, an MDEQ District Supervisor, is alleged to have sent a March 26, 2013 e-mail to Wyant and Shekter-Smith setting forth risks associated with using the Flint River as Flint’s drinking water source, including microbial and TTHM risks. On April 18, 2014, Glasgow sent Busch an e-mail regarding his concerns over the switch to the Flint River.
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In March and April 2015, Busch was among a group that received a PowerPoint showing that some MDEQ officials knew of the TTHM risk in Flint as early as May 2014.
On February 27, 2015, Busch falsely represented to the EPA that Flint was using corrosion control. On March 13, 2015, Busch made statements that denied any provable connection between the switch to Flint River water and the presence of legionella in that supply. On June 24, 2015, Busch received a report from an EPA official regarding the high levels of lead in Flint’s water supply, but failed to take measures to address the issues set forth in the report.
Finally, Busch, at some point or points during the time Flint was using Flint River water, directed Glasgow to alter water quality reports to remove the highest lead levels.
The majority of claims against Busch relate to e-mails and presentations he saw, but did nothing about. In this context, Busch’s inaction does not show that he intended to either introduce a tainted water supply into Flint, or to deceive Flint’s population about the safety of the water. However, the other allegations describe deceptive
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statements by Busch both to the EPA and to, the Court infers, the public at large.
Statements intended to deceive the public about the safety of the tainted water they were using clearly give rise to a bodily integrity claim, because knowing deceptions to the involuntary users of a tainted water supply are inherently designed to convince those users to keep consuming the water. However, in the case of Busch, the Court must determine whether deceptive statements to federal regulatory agencies also give rise to a bodily integrity claim.
By February 2015, EPA regulators were investigating Flint’s water supply. The allegations in the complaint are clear that by this point, no defendant would have been unaware of the threat Flint River water posed. However, Busch falsely represented to a regulator that Flint was using corrosion control. If believed, Busch’s misrepresentation would ensure both that the public would be misled by whatever findings the EPA ultimately made, and that the threat to the health of Flint’s water users would continue unnecessarily. Busch’s claim, while not directly made to the public, was made to a third party in an effort to ultimately deceive or harm the public.
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The Court takes these allegations as true, and they shock the conscience. Both of Busch’s false statements support plaintiffs’ bodily integrity claims. Plaintiffs have plausibly asserted a bodily integrity claim against Busch.
Patrick Cook Cook, an MDEQ Water Treatment Specialist, signed the final permit necessary to restart use of the FWTP with the Flint River as the city’s primary water source. Cook is also alleged to have misled the EPA in or around March 2015 about Flint’s use of corrosion control in their water system after the switch, and to have sent false information to support the misrepresentation. Cook signing the permit to authorize use of the FWTP, based on the allegations in the complaint, does not give rise to a bodily integrity claim. The complaint does not allege that at the time Cook signed the permit, he was aware of the risk Flint River water distributed through the FWTP posed, so that act could not have intentionally exposed Flint’s water uses to the tainted water supply. However, for the same reason that Busch’s false statement to the EPA gives rise to a bodily integrity claim against him, Cook’s false
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statement to the EPA does the same. Plaintiffs have asserted a plausible bodily integrity claim against Cook.
Michael Prysby Prysby, an MDEQ Engineer assigned to MDEQ District 11, which includes Genesee County and Flint, is alleged to have received an April 18, 2014 e-mail from Glasgow stating that Glasgow did not feel it was safe to go forward with distribution of water from the FWTP. Prysby also received the previously mentioned MDEQ PowerPoint presentation showing that some MDEQ officials had knowledge of Flint’s elevated TTHM levels as early as May 2014. Prysby also received the June 24, 2015 EPA report describing Flint’s elevated lead levels and the deficiencies in the government’s processes that led to and exacerbated the problems. Finally, Prysby allegedly directed Glasgow to alter water quality reports to remove the highest lead levels. The various communications that Prysby received to not give rise to a bodily integrity claim, because they show no affirmative act or deception on Prysby’s part. However, Prysby directing Glasgow to deceive the public by removing the highest lead levels from water quality reports does give rise to a bodily integrity claim. Prysby engaged in an
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affirmative act designed to deceive the public about the quality of Flint’s water and, as a result, keep Flint’s water users consuming tainted water, which is an arbitrary action that shocks the conscience. Plaintiffs have plausibly alleged a bodily integrity claim against Prysby.
Bradley Wurfel Wurfel, the MDEQ Director of Communications, is alleged to have received a March 12, 2015 e-mail from Shekter-Smith regarding a legionella-related FOIA request. On July 10, 2015, Wurfel appeared on public radio and made false statements regarding the safety of Flint River water and denying any link to elevated lead levels in the water. On July 24, 2015, Wurfel again made false statements denying any lead or copper contamination in Flint’s water supply. In August 2015, Wurfel attempted to discredit the findings of Professor Marc Edwards of Virginia Tech regarding elevated lead levels in Flint’s water supply by calling the testing quick and irresponsible. Throughout September 2015, Wurfel continued to issue false statements claiming the water in Flint was safe and discrediting those who attempted to raise concerns about Flint’s water supply.
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The e-mail that Wurfel received and Wurfel’s attempts to discredit Edwards do not give rise to a bodily integrity claim. As set forth above, receipt of information alone does not constitute an affirmative or deceptive act giving rise to a bodily integrity claim. And criticizing testing methods is not inherently deceptive, particularly as plaintiffs do not allege that Wurfel’s intent in doing so was to deceive.
However, Wurfel’s other statements do give rise to a bodily integrity claim, because he affirmatively and knowingly shared false statements with the public that were designed to conceal the threat Flint’s water supply posed and, as a result, continue the harm Flint’s water users faced. Plaintiffs have plausibly alleged actions that shock the conscience, and as a result, have pleaded a plausible bodily integrity claim against Wurfel.
Jeff Wright Wright, the Genesee County Drain Commissioner, had encouraged the formation of the KWA since 2009. Wright was part of the previously described discussions regarding the cost effectiveness of switching to the KWA, and consistently argued that any study showing the DWSD was more cost effective was wrong. Wright was also part of the group that
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developed the interim plan to use Flint River water between April 25, 2014, and October 2016, and was aware of the dangers Flint River water posed without proper treatment.
Wright’s role in the debate over cost effectiveness between the KWA and the DWSD and in forming the KWA do not give rise to a bodily integrity claim. Generally, the bodily integrity claim arises from the defendants’ knowledge of serious risks prior to the switch to the Flint River water supply, and the subsequent efforts to deceive the public about the safety of the water and continue the public’s exposure to the water. It does not arise from the creation of the KWA itself, which could have obtained water from a different source than the Flint River.
Wright’s role in the interim plan does, however, give rise to a bodily integrity claim, because he is alleged to have knowingly exposed all Flint water users to the contaminated water from the Flint River, as Dillon did. Plaintiffs have plausibly alleged a bodily integrity claim against Wright.
Edward Kurtz Kurtz, the Emergency Manager of Flint from August 2012 through July 2013, suggested to Dillon in November 2012 that Flint join the
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KWA. Kurtz was also a part of the 2012 conversations with DWSD about the comparative cost effectiveness of the DWSD and the KWA. Kurtz was a part of conversations in 2013 with Detroit’s Emergency Manager regarding DWSD’s final efforts to keep Flint as a customer.
Kurtz was the Emergency Manager who entered into the contractual relationship with the KWA. He was also a part of the June 2013 group that developed the interim plan to use the Flint River as an interim water source, despite knowledge of the risks the Flint River posed without proper treatment. Kurtz resigned from his position effective July 2013, nine months prior to the switch to the Flint River.
The steps Kurtz took to join the KWA and to attempt to negotiate with the DWSD do not give rise to a bodily integrity claim, because neither on their own resulted in the exposure of Flint’s water users to contaminated water. Kurtz did play a role in developing the interim plan that led to the use of the Flint River as a water source for Flint. However, Kurtz was not Flint’s Emergency Manager when the switch was made. Dillon and Wright maintained their positions of authority from the development of the interim plan through the execution of that plan, and could have stepped in at any point before April 25, 2014, to halt or alter
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the plan and prevent foreseeable harms to Flint’s water users. Kurtz, because he stepped down in July 2013, did not see the plan through and did not oversee the switch to the Flint River.
Because Kurtz did not aid in executing the interim plan on April 25, 2014, plaintiffs have failed to plausibly allege a bodily integrity claim against him. He is dismissed from this case.
Darnell Earley Earley, the Emergency Manager of Flint from September 2013 until January 13, 2015, is alleged to have heard about the spike in Legionnaires’ cases via an October 3, 2014 e-mail from Flint’s Public Information Officer. In response, Earley denied any connection between Flint water and the outbreak, and stated that the city’s “message” should be that the outbreak was an internal issue at McLaren Hospital, which MDHHS personnel did not agree with. In October 2014, Governor Snyder’s Deputy Legal Counsel and Senior Policy Advisor Valerie Brader coordinated discussions between Earley and MDEQ regarding a return to the DWSD water supply. Earley rejected the idea on October 14, 2014. On January 9, 2015, Earley again
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refused to return Flint to the DWSD. Earley resigned on January 13, 2015, and Ambrose immediately replaced him.
As a threshold matter, Earley was in charge of Flint’s governance before, during, and after the April 25, 2014 switch. Earley was also in charge of ensuring Flint’s compliance with state and federal water safety regulations. This alone is enough to give rise to a plausible bodily integrity claim, because Earley oversaw the switch and would have known about Flint’s lack of compliance with water safety regulations. The Court may also infer that as Flint’s Emergency Manager, Earley played a role in obtaining the necessary permits issued by MDEQ and MDHHS officials, which would constitute another affirmative act or set of acts that led to the delivery of contaminated water to Flint’s water users.
Earley’s initial denial of the connection between Flint’s water and the Legionnaires’ disease outbreak is insufficient to state a bodily integrity claim. The complaint does not allege that Earley knew of the connection and misled anyone about it, but instead states that he wanted to convey a message regarding fault that MDHHS personnel disagreed with.
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Earley’s October 14, 2014 refusal to return Flint to the DWSD also gives rise to a bodily integrity claim. Despite overseeing the switch to the Flint River and having been made aware of the serious concerns MDEQ had about Flint River water, Earley still made the decision to continue exposing Flint’s water users to contaminated water.
The complaint also generally alleges that Earley refused to return Flint to the DWSD on January 9, 2015. A bodily integrity claim requires an affirmative act on the part of a defendant that creates or prolongs the harm to a plaintiff. This allegation alone does not give rise to a bodily integrity claim.
Plaintiffs have alleged numerous arbitrary actions that shock the conscience, and have plausibly alleged a bodily integrity claim against Earley.
Gerald Ambrose Ambrose, Flint’s Emergency Manager from January 13, 2015 through April 28, 2015, is alleged to have rejected a January 29, 2015 offer from DWSD to reconnect Flint to the DWSD with the connection fee waived. On March 25, 2015, Ambrose also rejected the Flint City Council’s vote to reconnect to the DWSD. Ambrose became aware of the
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link between Flint River water and the Legionnaires’ disease outbreak on October 3, 2014, via the same e-mail Earley received.
Ambrose took at least one affirmative step to prolong the harm experienced by Flint’s water users. Ambrose’s rejection of a concrete offer to return to the DWSD, particularly at a cost savings to Flint, constitutes arbitrary governmental action that shocks the conscience, and pleads a plausible bodily integrity claim. It was more than a failure to act – Ambrose had the opportunity to cease the flow of contaminated water to Flint, and prevented it from occurring. Ambrose’s rejection of the Flint City Council vote presents a closer question of whether Ambrose took an affirmative step that prolonged the harm to Flint water users. The operation of Michigan’s emergency manager statute removes virtually all of the power of local elected officials. And a rejection of what appears to have been a nonbinding vote requiring a government official to find a solution differs in quality from an affirmative statement by a government official that he is refusing to adopt the concrete steps necessary to end the poisoning of a population.
Ambrose’s rejection of the DWSD offer to supply fresh, clean water to the city of Flint prolonged Flint water users’ exposure to the toxic
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water, and is sufficient to state a bodily integrity claim. Accordingly, plaintiffs have plausibly alleged a bodily integrity claim against Ambrose.
Dayne Walling Walling, the Mayor of Flint from August 4, 2009, through November 9, 2015, is alleged to have been a part of the same events leading up to the switch to the Flint River as Governor Snyder, Wright, Kurtz, and Dillon. In relevant part, Walling was also part of the group that created the interim plan to use Flint River water, and Walling was aware of the dangers outlined in the 2011 study setting forth the problems the Flint River posed as a water source. Walling, like Flint’s city council, was stripped of virtually all, if not all, of his power when emergency management was imposed on Flint. Without some indication that Walling possessed authority as a governmental actor to impose the interim plan on Flint, knowledge of the plan’s dangers alone is insufficient to state a bodily integrity claim against Walling. Unlike Dillon and Wright, Walling is not plausibly alleged to have had authority to influence, impose, or execute the interim plan, because all such power was stripped from him under Michigan law.
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Plaintiffs have failed to plead a plausible bodily integrity claim against Walling.
Michael Glasgow On April 16, 2014, Glasgow, one of Flint’s former Utility Administrators, informed Rosenthal that he wanted more time to ensure the FWTP was meeting requirements before giving the okay to distribute water from it. On April 17, 2014, Glasgow informed MDEQ that the FWTP was not fit to begin operation. On April 18, 2014, Glasgow wrote to Busch and Prysby to state that he would not give the okay to begin using Flint River water despite pressure to do so, because he did not feel that staff was trained or that proper monitoring was in place. To the extent Glasgow did anything to cause the switch, plaintiffs plead that he was pressured to do so by Croft and Johnson. By February 26, 2015, Glasgow had suggested testing for lead and copper to the EPA. On July 9, 2015, Glasgow sent an e-mail to Rosenthal describing the issues with Flint’s water. However, during the period where Flint was using the Flint River water, Glasgow altered water quality reports to remove the highest lead levels, as directed by Busch and Prysby. Glasgow ultimately pleaded no contest to willful neglect of
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duty as a result of his asking Flint residents to run or flush their water before testing, and his failing to obtain water samples from certain houses.
Glasgow tried to prevent the switch to the Flint River on April 25, 2014, and attempted to raise awareness of the issues with the supply with various officials after the switch. But Glasgow is also alleged to have taken numerous affirmative steps to hide the extent of the elevated lead levels in Flint’s water after the switch from the public. Those actions included asking Flint residents to take actions that, unbeknownst to those residents, would artificially lower the levels of contaminants in their homes before testing, and neglecting to get water samples for testing from certain houses that the Court infers would have had higher levels of lead than those houses that were tested.
Glasgow is alleged to have taken multiple actions that were intended to deceive the public about the safety of the water they were consuming, and to have played a critical role in the switch to the Flint River on April 25, 2014. Despite Glasgow’s effort to prevent or remediate the effects of his actions, this complaint, unlike in Guertin, alleges that he took actions that created, increased, or hid the risk of Flint residents
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using tainted water. Plaintiffs have asserted a plausible bodily integrity claim against Glasgow.
Daugherty Johnson Johnson, another former Flint Utility Administrator, is alleged to have pressured Glasgow to approve and begin the switch to Flint River water, and to have responded too slowly or not at all to a January 27, 2015 FOIA request from the Environmental Health Supervisor at the Genesee County Health Department. The Court infers that Johnson allegedly required Glasgow to approve and begin the Flint River switch because he had the professional capacity to do so, knowing the dangers of this water supply, which was not properly treated for corrosion control. That arbitrary, conscienceshocking action gives rise to a plausible bodily integrity claim, because Johnson acted in a context where Glasgow clearly expressed both his resistance to the switch and the reasons for his resistance – namely, dangers to the people who would be using the water based on the lack of staff and ability to monitor the water supply. Johnson ignored these risks and pressured Glasgow to make the switch regardless.
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Johnson’s allegedly late response to the FOIA request is not a basis for a bodily integrity claim, as pleaded. The complaint does not allege that Johnson violated a rule, statute, or custom regarding timely responses to FOIA requests. As such, this allegation does not give rise to an inference that a six-week delay in responding to a FOIA request rises to a constitutional violation of plaintiffs’ bodily integrity.
Plaintiffs have plausibly asserted a bodily integrity claim against Glasgow.
Howard Croft Croft, Flint’s former Director of Public Works, is also alleged to have pressured Glasgow to approve and begin the switch to Flint River water. The Court infers that Croft, like Johnson, had the professional capacity to require Glasgow to approve the switch despite Glasgow’s clearly expressed reservations about the safety of the water. For the same reasons as those set forth above for Johnson, plaintiffs have plausibly asserted bodily integrity claim against Croft.
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E. Equal Protection Clause – Race and Wealth Plaintiffs assert two Equal Protection claims under the Fourteenth Amendment of the Constitution: one based on race discrimination, the other based on wealth discrimination. These claims are asserted against Governor Snyder, Dillon, Wright, Walling, Ambrose, Kurtz, and Earley. The suspect classes plaintiffs base their Equal Protection claims on consist of “the water users of predominantly African American Flint” (Dkt. 349 at 121) and “the predominately impoverished water users of Flint.” (Id. at 125.) The Fourteenth Amendment sets forth the requirement that no governmental actor or unit shall “deny to any person within its jurisdiction the equal protection of the laws.” U.S. Const. amend. XIV § 1. “General rules that apply evenhandedly to all persons within the jurisdiction unquestionably comply with this principle. Only when a governmental unit adopts a rule that has a special impact on less than all the persons subject to its jurisdiction does the question whether this principle is violated arise.” New York City Transit Auth. v. Beazer, 440 U.S. 568, 587–88 (1979).
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The concept of “jurisdiction” in the context of an Equal Protection claim is expansive, and governmental actors and units may not define persons as being outside of their jurisdiction for the purpose of escaping liability under the Fourteenth Amendment. See Plyler v. Doe, 457 U.S. 202, 213 (1982) (holding that a state could not define undocumented immigrants as beyond the state’s jurisdiction when the state’s law applied equally to all within the state’s borders, regardless of immigration status.) “[T]he protection of the Fourteenth Amendment extends to anyone, citizen or stranger, who is subject to the laws of a [governmental unit], and reaches into every corner of a [governmental unit’s] territory.” Id. at 215 (emphasis in original).
Plaintiffs allege that Governor Snyder, Dillon, Kurtz, Earley, Ambrose, Walling, and Wright treated those who live in the city of Flint differently from those who live in Genesee County by switching Flint’s water supply from the DWSD to the Flint River, while Genesee County remained on the DWSD. Governor Snyder and Dillon, as the Governor and Treasurer of the state of Michigan, exercised control and discretion over the choices Flint made because the city was under emergency management. Kurtz, Earley, and Ambrose were each appointed by
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Governor Snyder and Dillon to manage Flint’s affairs, and Walling was the Mayor of Flint during the relevant period. Wright was the Genesee County Drain Commissioner, and was pressuring the other defendants to join the KWA between 2012 and 2014. However, it is not clear from the complaint what authority Wright had over the water supply choices of either Genesee County or Flint during this time period.
Plaintiffs’ Equal Protection claims for race-based and wealth-based discrimination require that both Flint and Genesee County have been within the jurisdiction of the named defendants. Because of the unique nature of Michigan’s emergency manager laws, the Governor and Treasurer may, through an appointed emergency manager, exercise some control over the day-to-day operations of municipalities in financial emergencies. The emergency managers themselves have jurisdiction over the municipality where a financial emergency has been declared. The mayor of Flint has jurisdiction over the city of Flint (although when under control of an emergency manager, it is unclear what, if any, power an elected official has in a municipality). The Genesee County Drain Commissioner, the Court must assume, has control over some aspect of Genesee County’s drainage system.
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It is not clear from the complaint that anyone in charge of Flint’s water supply had control over Genesee County or its water supply, or that anyone in charge of any aspect of Genesee County’s water supply had control over Flint or its water supply. There are ample allegations of Wright weighing in on the choice that Governor Snyder, Dillon, Walling, and the emergency managers made for Flint in the run up to the April 25, 2014 switch to the Flint River. However, the complaint contains no allegation that the water systems of both Flint and Genesee County were within the jurisdiction of any named defendant.
Here, the law or action being challenged is not the imposition of the emergency manager, which arises from a law that applies to every municipal unit in Michigan, whether city or county. The law or action that is being challenged is the switch of Flint’s water supply from the DWSD to the FWTP and the Flint River. The authority that Governor Snyder, Dillon, Walling, and the emergency managers had to authorize this switch came either from the emergency manager law, which granted Governor Snyder, Dillon, and the emergency managers the power to make decisions on behalf of Flint, or from Flint’s own electoral process, which granted Walling the power to make decisions regarding issues
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within Flint’s borders (at least until the imposition of an emergency
manager on Flint).
Because the complaint does not describe what Wright’s duties were
as the Genesee County Drain Commissioner, the Court must determine
whether it can be inferred that Flint, or at least the determination
regarding the source of the city’s water supply, was within Wright’s
jurisdiction. Under Michigan’s Drain Code of 1956, a drain commissioner
“ha[s] jurisdiction over all drains within his county[.]” M.C.L. § 280.23. A
“drain” includes:
the main stream or trunk and all tributaries or branches of any creek or river, any watercourse or ditch, either open or closed, any covered drain, any sanitary or any combined sanitary and storm sewer or storm sewer or conduit composed of tile, brick, concrete, or other material, any structures or mechanical devices, that will properly purify the flow of such drains, any pumping equipment necessary to assist or relieve the flow of such drains and any levee, dike, barrier, or a combination of any or all of same constructed, or proposed to be constructed, for the purpose of drainage or for the purification of the flow of such drains, but shall not include any dam and flowage rights used in connection therewith which is used for the generation of power by a public utility subject to regulation by the public service commission.
M.C.L. § 280.3.
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If a drain commissioner performs functions beyond acting as a drain commissioner, “including, but not limited to, operating sewers, lake level and soil erosion enforcement, and facilitating compliance with federal clean water act mandates,” a county may change the name of the office from drain commissioner to water resources commissioner. M.C.L. § 280.21(8).
Under Michigan law, drain commissioners have limited power over drainage systems within their counties. State law contemplates that numerous functions related to water and water supplies are outside the control of drain commissioners, to the extent that even assuring compliance with federal clean water act mandates in the operation of a county’s drainage system may result in a county changing the title of the drain commissioner. Unless state law or a county ordinance explicitly establishes that the designation of water sources for municipalities within a county is among the powers granted to the drain commissioner, the Court must assume that such power was not within Wright’s authority unless some facts are pleaded demonstrating otherwise. No such facts have been pleaded here.
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Likewise, the complaint does not allege that Flint and Genesee County had a relationship prior to Flint’s water supply switch that would allow the Court to infer that Flint exercised some form of jurisdiction over Genesee County’s water supply, or vice versa. Instead, the complaint alleges that the DWSD served both Flint and Genesee County separately.
At oral argument, plaintiffs stated that the jurisdictional element of their Equal Protection claims rests on the following two paragraphs of their complaint (Dkt. 532 at 72-76):
120. On June 29, 2013, LAN met with representatives of Flint, representatives of the Genesee County Drain Commissioners Office and the MDEQ to discuss:
a. Using the Flint River as a water source; b. The ability to perform the necessary upgrades to the FWTP; c. The ability to perform quality control; d. The ability for Flint to provide water to Genesee County; e. The ability to meet an April or May 2014 timeline; and f. Developing a cost analysis.
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121. According to incomplete meeting minutes, “the conversation was guided with focus on engineering, regulatory, and quality aspects . . .” of the items previously referenced, and the following determinations were made:
a. The Flint River would be more difficult to treat, but was viable as a source;
b. It was possible to engineer and construct the upgrades needed for the treatment process;
c. It was possible to perform quality control “with support from LAN engineering which works with several water systems around the state, quality control could be addressed[;]”
d. FWTP did not have the capacity to treat and distribute sufficient water to meet the needs of Flint and Genesee County;
e. There were many obstacles to overcome, but completion by the April or May 2014 timeline was reachable; and
f. The next steps were for the LAN Defendants to present Flint with a proposal that would include engineering, procurement, and construction needs for the project along with cost estimates.
(Dkt. 349 at 50-51.)
Assuming that the representatives of Flint and the representatives
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named in this count, these paragraphs do not allege facts sufficient to infer that the defendants had jurisdiction over both Flint and Genesee County. First, the outcome of the meeting was a conclusion that the FWTP could not distribute water to both Flint and Genesee County. At no other point does the complaint allege that Flint was providing or should have been able to provide water to Genesee County.
Second, the fact that a meeting took place between the representatives of three different governmental entities – Flint, Genesee County, and the MDEQ, a state agency – does not imply that one entity had jurisdiction over any other for purposes of this decision. Without some further allegation regarding the exercise of control by one or more defendants over both Flint and Genesee County, the Court cannot find that jurisdiction for the purposes of an Equal Protection claim has been plausibly alleged.
Although not pleaded in plaintiffs’ complaint, during oral argument plaintiffs’ counsel referenced an agreement between Flint and Genesee County that existed before Flint’s switch to the Flint River. (Dkt. 532 at 64.) It is not clear what the agreement was, but it appears that Genesee
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County may have received its water through Flint’s DWSD supply, and paid Flint to receive that water.
If that were the case, then Flint (and those who governed Flint) may have had jurisdiction for Equal Protection purposes over Genesee County’s water supply, because Flint as a governmental unit supplied Genesee County’s water. The decision to switch to the Flint River while that pre-switch agreement was still effective would have been a decision to treat the water users of Flint differently from the water users of Genesee County while all residents were, for the purposes of their water supplies, under Flint’s jurisdiction. Those facts, however, were not pleaded, and were not set forth with specificity at oral argument.
Many defendants argued that the FWTP did not have the capacity to deliver contaminated water to both Flint and Genesee County, and therefore no Equal Protection claim could stand regardless of jurisdiction. However, this argument fails. An Equal Protection claim, whatever the level of scrutiny applied, concerns the “disparity of treatment” between two groups. Heller v. Doe, 509 U.S. 312, 319-20 (1993). Here, a series of decisions were made that altered a status quo where Flint and Genesee County received the same clean water. Those
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decisions resulted in Flint receiving contaminated water that Genesee County did not receive. The issue in an Equal Protection claim is not whether Flint and Genesee County could have experienced the same harm, the issue is why Flint’s African American and impoverished residents received worse treatment than predominantly white and wealthier Genesee County residents, when that disparate treatment, according the allegations of this complaint, was not required.
Further, a community devoting limited resources to unequal treatment of certain groups cannot defend itself by saying that it only had the resources to treat those groups unequally. For example, a police department that exclusively arrests African Americans without probable cause could not defend itself by saying it only had enough officers to unlawfully arrest black residents, and therefore did not discriminate on the basis of race.
Plaintiffs’ counsel summarized the Equal Protection claims as follows: “[T]he reason the people of Flint got the inferior water was because they were black and they were poor.” (Dkt. 532 at 87.) But at this stage of the case, the Court is not ruling on whether this statement is true or false. Rather, because plaintiffs have not set forth the
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jurisdictional requirements for an Equal Protection claim, this opinion does not reach that question.
For the reasons set forth above, plaintiffs have not pleaded the core jurisdictional requirements to state a claim under the Equal Protection Clause, and their Equal Protection claims must be dismissed.
F. 42 U.S.C. § 1985(3) – Invidious Racial Animus Plaintiffs assert a claim under 42 U.S.C. § 1985(3), alleging that Governor Snyder, Dillon, Wright, Walling, Ambrose, Kurtz, and Earley engaged in a conspiracy to deprive the “water users in the predominately African American community of Flint” of their civil rights. (Dkt. 349 at 128-29.) A § 1985(3) claim requires a plaintiff to show: “(1) a conspiracy involving two or more persons (2) for the purpose of depriving, directly or indirectly, a person or class of persons of the equal protection of the laws and (3) an act in furtherance of the conspiracy (4) which causes injury to a person or property, or a deprivation of any right or privilege of a citizen of the United States.” Johnson v. Hills & Dales Gen. Hosp., 40 F.3d 837, 839 (6th Cir. 1994). The plaintiff must allege that “the conspiracy was motivated by racial, or other class-based, invidiously discriminatory animus.” Bass v. Robinson, 167 F.3d 1041, 1050 (6th Cir.
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1999). The class must be a suspect class subject to heightened protection under the Equal Protection Clause. Browder v. Tipton, 630 F.2d 1149, 1150 (6th Cir. 1980).
Although plaintiffs allege that these defendants conspired, and that the conspiracy was motivated by racial animus, the class that plaintiffs identify is not a suspect class subject to heightened scrutiny under the Equal Protection Clause. The purported suspect class that plaintiffs identify is all water users of Flint, which is a majority-African American city. A suspect class based on race would traditionally consist of the African American residents of Flint. If this were the case, and this traditional class of plaintiffs prevailed, the white Flint water users also affected by the switch to the Flint River, while not a part of the suspect class, would be aided by any remedy that class achieved for the community at large.
For instance, in Hawkins v. Town of Shaw, 437 F.2d 1286 (5th Cir. 1971), African American residents of a town sued, alleging that various municipal services, including sewer lines, water drainage, and water delivery services were systematically denied to African American residents based on the proportion of African American neighborhoods
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that lacked those services. Id. Although statistics showed that black residents overwhelmingly and disproportionately faced these problems, scattered white residents of varying numbers who lived in these same neighborhoods also faced the same problems. Id. at 1289-90. The Hawkins court determined that through these disparities, the African American plaintiffs demonstrated an Equal Protection violation. Id. at 1293.
At oral argument, the Court asked plaintiffs whether they could identify any case in which an Equal Protection class subject to heightened scrutiny consisted both of members of a suspect class and members outside that class – particularly where the class as a whole consisted of the entire population of a municipality, unlike the class of African Americans in Hawkins, and where every member of the class was subject to the same or similar treatment. Plaintiffs identified two cases: Adickes v. S.H. Kress & Co. and Phillips v. Snyder.
In Adickes v. S.H. Kress & Co., a white teacher in the company of six African American students went to a store on August 14, 1964 to eat lunch after being denied entry into the Hattiesburg Public Library. Adickes, 398 U.S. 144, 149 (1970). When the group sat down to eat, a
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policeman noticed their presence. Id. The six African American students were served, but the teacher was not served, because she “was a white person ‘in the company of Negroes.’” Id. When the white teacher was denied service, the group left, and when they reached the sidewalk, the teacher was arrested on a charge of vagrancy. Id.
The teacher sued, claiming that the store and the police conspired to, among other things, violate her Equal Protection rights by denying her service and arresting her on the basis of her race. Id. at 149-50. Notably, the suit was not on behalf of both the teacher and the students, but the teacher only. The basis of the claims in Adickes was that the teacher would not have been treated in the manner she was if she were not white. The Adickes plaintiff belonged to a suspect class subject to heightened scrutiny because she was discriminated against on the basis of her race, not because the group as a whole was discriminated against on the basis of the students’ race.
In Phillips v. Snyder, Case No. 13-cv-11370, 2014 U.S. Dist. LEXIS (E.D. Mich. Nov. 19, 2014), where some of plaintiffs’ counsel in this case were also counsel, those plaintiffs challenged Michigan’s emergency manager law under the Equal Protection Clause. There, however, the
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Equal Protection claim alleged that the law had “a discriminatory impact on African American populations.” Id. at *18-19. This claim was dismissed by stipulation of the parties in order to expedite an appeal of the case, and that dismissal was upheld on appeal. Phillips v. Snyder, 836 F.3d 707, 718-20 (6th Cir. 2016). As set forth in the trial court’s thorough opinion, the Equal Protection race discrimination claim in Phillips squarely focused on the impact of the challenged law on “Michigan’s African American population,” as opposed to “Michigan’s white citizens.” Phillips, 2014 U.S. Dist. Lexis 162097, at *30.
Unlike in Phillips, plaintiffs’ claim in this case is not brought on behalf of the African American population of Flint. It is instead brought on behalf of all residents of Flint, regardless of race, because all residents were adversely impacted due to the presence of an African American majority. The white residents who are members of the Equal Protection class are not claiming they were discriminated against on the basis of their race. Rather, they are claiming they were discriminated against because they were members of a group containing other people who were of a different race, and every member of that group was treated in a
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discriminatory fashion. In short, the common thread of the plaintiffs’ proposed equal protection class is not race, but association.
In Adickes, a white teacher who was in the company of African American students was denied service and arrested because of laws and customs that treated white and black people differently. Her unequal punishment was targeted and driven by explicitly racist prohibitions on her behavior. Here, a class of people are alleging that, regardless of race, they were equally punished based on animus toward the African American members of the class.
Despite undertaking significant research, the Court can find no case asserting claims for race discrimination under the Equal Protection Clause by a class of individuals where at least 34% are not members of the protected class. (See Dkt. 379 at 91 (citing the population of Flint as 65.4% non-white and approximately 57% black).) There are many cases where non-targeted people benefit from litigation brought on behalf of a protected class, but this is not what plaintiffs seek to do in this case. The Court also cannot assess the sufficiency of this claim as applied to African American plaintiffs, because the complaint does not specify the races of the plaintiffs.
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Because the suspect class identified as the subject of the § 1985(3) conspiracy is not a class based on race, which is subject to heightened scrutiny, but instead association, which is not, applicable Supreme Court precedent does not permit this claim to go forward, and it must be dismissed.
G. Elliot Larsen Civil Rights Act – Public Service Provisions
Plaintiffs assert a claim under the Elliot Larsen Civil Rights Act (“ELCRA”) for violation of that statute’s public service provisions, M.C.L. 37.2302. Under these provisions, a person may not “[d]eny an individual the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations of a place of public accommodation or public service because of religion, race, color, national origin, age, sex, or marital status.” M.C.L. 37.2302(a).
“In order to state a claim under MCL 37.2302(a), plaintiff must establish four elements: (1) discrimination based on a protected characteristic (2) by a person, (3) resulting in the denial of the full and equal enjoyment of the goods, services, facilities, privileges, advantages, or accommodations (4) of a place of public accommodation.” Haynes v. Neshewat, 477 Mich. 29, 35 (2007). A plaintiff may prove race
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discrimination under the ELCRA’s public service provisions either by intentional discrimination or disparate treatment. Reisman v. Regents of Wayne State Univ., 188 Mich. App. 526, 538 (1991). Under either theory, the plaintiff must show that he or she is a member of the protected class. Id.
Plaintiffs’ allegations largely rest on the same contentions that drive their Equal Protection and Section 1985(3) claims, except that the State of Michigan and City of Flint are also named as defendants. (Dkt. 349 at 131-134.) The protected class alleged here is “water users of the only predominantly non-white municipality through which the Flint River flows.” (Dkt. 379 at 104.) The protected classes set forth in the ELCRA are religion, race, color, national origin, age, sex, or marital status. The ELCRA does not permit an associational class consisting of all who live, work, or travel through a predominantly African American city, including those who are not members of the targeted racial group.
As set forth above, the complaint also does not set forth the race of any named plaintiff. Accordingly, the Court cannot assess the viability of this claim as to an African American plaintiff. This claim is dismissed.
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H. Fraud Unlike other claims at the motion to dismiss stage, fraud claims are subject to a higher pleading standard. The elements of fraud must be
pleaded with particularity, except that malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. Fed. R. Civ.
P. 9(b). In Michigan, a claim for common law fraud requires a plaintiff to
plead: (1) That defendant made a material representation; (2) that it was false; (3) that when he made it he knew that it was false, or made it recklessly, without any knowledge of its truth, and as a positive assertion; (4) that he made it with the intention that it should be acted upon by plaintiff; (5) that plaintiff acted in reliance upon it; and (6) that he thereby suffered injury.
Hi–Way Motor Co. v. Intl. Harvester Co., 398 Mich. 330, 336 (1976)
(internal citations and quotation marks omitted). All plaintiffs allege that Veolia defrauded them, based on three
statements in Veolia’s 2015 Interim Report. Those statements are: 1) that Flint’s water was “safe” and “in compliance with drinking water
standards”; 2) that the observed discoloration was merely aesthetic and not indicative of water quality or health problems; and 3) that medical
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problems arose in Flint because “[s]ome people may be sensitive to any water.” (Dkt. 349 at 146.) Plaintiffs’ complaint references no other specific statements made by Veolia, so these are the only three statements the Court may consider in evaluating the sufficiency of their pleadings. See Republic Bank & Trust Co. v. Bear Stearns & Co., 683 F.3d 239, 247 (6th Cir. 2012) (holding that fraudulent statements must be specifically alleged, including the time and place the statements were made).
Veolia raises several arguments regarding the sufficiency of the fraud claim. Chief among those argument are that the specific statements set forth above are inaccurately quoted, that plaintiffs fail to plead Veolia’s intent and knowledge properly, and that plaintiffs fail to plead their own reliance properly.
At Veolia’s request, the Court has reviewed the quoted statements in their full context in Veolia’s 2015 Interim Report. The Court may review documents incorporated into the complaint by reference, such as documents relied on for the specific statements supporting a fraud claim. Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007). The statements Veolia challenges are, for the purposes of the assertion
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of a fraud claim at the motion to dismiss stage, accurate and properly pleaded.
Further, the entirety of the pleading sets forth the basis for the plaintiffs’ claim that these statements were false. The complaint alleges the tainted water in Flint in February 2015 was not safe, in compliance with drinking water standards, or merely aesthetically displeasing; that the tainted water did specifically cause medical problems apart from the standard problems that might be associated with a population’s sensitivity to a clean water supply; and that this information was generally known absent Veolia’s representations to the contrary.
Plaintiffs allege that “[u]pon information and belief, the Veolia Defendants knew the representations were made recklessly without any knowledge about their veracity” and that the representations were made “with the intention that Plaintiffs would act and rely on them.” (Dkt. 349 at 147.) Allegations of fraud “cannot be based upon information and belief, except where the relevant facts lie exclusively within knowledge and control of the opposing party, and even then, the plaintiff must plead a particular statement of facts upon which his belief is based.” Craighead v. E.F. Hutton & Co., 899 F.2d 485, 489 (6th Cir. 1990).
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At the motion to dismiss stage for a fraud claim, “the plaintiff . . . must plead facts about the defendant’s mental state, which, accepted as true, make the state-of-mind allegation plausible on its face.” Republic Bank & Trust Co., 683 F.3d at 247 (internal quotation marks and citation omitted). Veolia argues that plaintiffs’ allegation of recklessness is insufficiently pleaded. However, the allegation meets the fraud pleading standard. Information about Veolia’s recklessness in 2015 is solely within the knowledge of Veolia’s decision-makers. On a theory of recklessness and ignorance about the veracity of a statement in a fraud claim, the plaintiffs’ voluminous factual background about the information known to Flint, which retained Veolia, and to the public at large in 2015, satisfies this pleading requirement. To require further pleading regarding Veolia’s alleged recklessness would be to ask the plaintiffs to plead facts they could not possibly know at this stage.
To sustain a fraud claim in Michigan, “the party claiming fraud must reasonably rely on the material representation.” Zaremba Equip., Inc. v. Harco Nat’l Ins. Co., 280 Mich. App. 16, 39 (2008) (emphasis in original). As set forth above, this information cannot be pleaded based
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upon information and belief, because this information is solely within the knowledge of the plaintiffs, not the defendants.
Plaintiffs’ complaint alleges only that “[u]pon information and belief, the Veolia Defendants made the representations with the intention that Plaintiffs would act and rely on them, which Plaintiffs did.” (Dkt. 349 at 147.) The phrase “which Plaintiffs did” is the sole factual allegation in the complaint stating that any plaintiff specifically relied on these statements in continuing to drink Flint River water after February 2015. That statement lacks any specificity as to when or how any plaintiff heard the allegedly fraudulent statements, which were set forth in a report purportedly on the city’s website.
At oral argument, plaintiffs argued that specific reliance was pleaded with regard to at least one plaintiff: Tiantha Williams. The portion of the complaint introducing Williams states that “[p]rior to [December 2015], the family trusted previous reports that the condition of the water was not an immediate health emergency. They also relied on statements about the safety of the water that were made in public forums.” (Id. at 17.) These general allegations are insufficient to specifically plead that Williams heard and relied on Veolia’s statements.
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Between April 2014 and December 2015, numerous parties, including Earley in October 2014, Busch and Shekter-Smith on March 13, 2015, and Wurfel on July 10 and July 24, 2015, issued allegedly false statements to the public. The general reference to “statements” may include any or all of these other false statements, and do not specifically implicate Veolia’s 2015 Interim Report.
In the alternative, plaintiffs argue that reliance may be inferred because Veolia’s report was available on Flint’s public website. (Dkt. 379 at 123 n.47.) Plaintiffs failed to plead this information in the complaint, and the Court cannot rely on it to determine if reliance was properly pleaded. Even if the Court considers this additional information, the particular plaintiffs in this case do not plead that they specifically became aware of and relied on Veolia’s statements in continuing to use Flint water after February 2015.
Plaintiffs argue that they need not show direct reliance on a fraudulent misrepresentation to assert a fraud claim, citing Nernberg v. Pearce, 35 F.3d 247 (6th Cir. 1994). In Nernberg, a plaintiff properly asserted a fraud claim where fraudulent misrepresentations were made to a third party, and the misrepresentations were repeated by that third
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party to induce the plaintiff’s reliance. Id. at 251. However, the plaintiff still specifically demonstrated that he actually heard and relied on the misrepresentations. Nernberg does not mean that a plaintiff may allege a fraud claim where a third party heard and relied on a false statement, but the plaintiff does not allege with particularity that he or she also did so.
Finally, plaintiffs argue that questions as to reliance “pertain[s] to questions of fact, not sufficiency of the pleadings.” (Dkt. 379 at 124 (citing State Farm Mut. Ins. Co. v. Elite Health Ctrs., Inc., Case No. 16-cv-13040, 2017 U.S. Dist. LEXIS 82736, at *25 (E.D. Mich. May 31, 2017).) Elite Health does not stand for the rule that a plaintiff does not need to plead reliance with particularity. That case did not concern a defendant’s argument that the pleadings were insufficient as to reliance. Instead, the defendant in Elite Health argued that the plaintiff’s allegations were “contradictory and/or self serving,” and that contention pertained to questions of fact rather than sufficiency of the pleadings. Id. The Elite Health complaint contained a “116-page description of how the alleged scheme to defraud” worked, id. at *23, and determined that the plaintiff
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had properly “alleged that it justifiably relied on Defendants’
misrepresentations.” Id. at *26.
This analysis does not foreclose a fraud claim against Veolia by
other plaintiffs. However, those plaintiffs must plead the necessary
elements of their fraud claim with particularity, including their reliance
on Veolia’s allegedly fraudulent statements. Because these plaintiffs did
not plead the reliance element of their fraud claim with sufficient
particularity, their fraud claim must be dismissed.
I. Negligent Infliction of Emotional Distress
Plaintiffs assert what they term a negligent infliction of emotional
distress (“NIED”) claim against LAN and Veolia. (Dkt. 349 at 148.) The
elements of a claim for negligent infliction of emotional distress under
Michigan law are:
(1) serious injury threatened or inflicted on a person, not the plaintiff, of a nature to cause severe mental disturbance to the plaintiff, (2) shock by the plaintiff from witnessing the event that results in the plaintiff's actual physical harm, (3) close relationship between the plaintiff and the injured person (parent, child, husband, or wife), and (4) presence of the plaintiff at the location of the accident at the time the accident occurred or, if not presence, at least shock “fairly contemporaneous” with the accident.
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Plaintiffs argue that they are bringing a “direct negligent infliction of emotional distress” claim, different from the NIED claim set forth in Hesse. Plaintiffs rely on Daley v. LaCroix, 384 Mich. 4 (1970), to argue that NIED does not require an injury to a third party for a plaintiff to pursue the claim. In Daley, the Michigan Supreme Court considered whether a plaintiff alleging “a definite and objective physical injury [] produced as a result of emotional distress proximately caused by defendant's negligent conduct . . . may recover in damages for such physical consequences to himself notwithstanding the absence of any physical impact upon plaintiff at the time of the mental shock.” Id. at 1213 (1970).
Daley did not create a cause of action for negligent infliction of emotional distress absent an injury to a closely related third party. “[R]ather than create a cause of action, [Daley and cases following it] merely allow damages for emotional distress when the plaintiff has prevailed on a negligence cause of action.” McNeil ex rel. McNeil v. Metinko, Nos. 194595, 194596, 1998 Mich. App. LEXIS 2506, at *7-8 (Mich. Ct. App. Mar. 13, 1998).
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Plaintiffs rely on two other cases, Apostle v. Booth Newspapers, Inc., 572 F. Supp. 897, 900 (W.D. Mich. 1983) and Maldonado v. Nat. Acme Co., 73 F.3d 642, 645-46 (6th Cir. 1996), to argue that Daley did establish a tort of negligent infliction of emotional distress that did not require an injury to a third party. First, both cases predate Hesse, in which the Michigan Supreme Court limited the tort as set forth above. Second, Hesse explicitly stated that “[t]he common-law cause of action for negligent infliction of emotional distress has been recognized and applied in Michigan, although this Court has never ruled on the issue.” Hesse, 466 Mich. at 34. It is impossible to read Daley, a Michigan Supreme Court decision, to create a type of NIED claim when Michigan courts have stated that Daley did not do so, and when as of 2002, the Michigan Supreme Court had not recognized NIED at all.
Further, an NIED claim “clearly contemplates a sudden, brief, and inherently shocking accidental event which causes the injury . . . , which contemporaneously, and by its very nature, results in emotional and physical injury to the plaintiff.” Brennan v. Chippewa Cty. War Mem’l Hosp., Inc., Nos. 315795, 318452, 318594, 2014 Mich. App. LEXIS 1912, at *25 (Mich. Ct. App. Oct. 16, 2014) (further citation omitted). Plaintiffs
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do not allege that either LAN or Veolia committed an act that was sudden or brief, but instead allege that over a period of months for Veolia and even years for LAN, these defendants repeatedly failed to properly evaluate or treat Flint’s water, resulting in prolonged injury to all who used Flint River water after April 25, 2014.
On review of plaintiff’s complaint, this claim is a request for emotional distress damages arising from the negligence claims asserted against LAN and Veolia. Because the claim is presented as one for NIED, it is dismissed on the grounds that it fails to plead an NIED claim under Michigan law. However, this ruling does not preclude plaintiffs’ from seeking emotional distress damages arising from their surviving negligence claims.
J. Monell Liability Plaintiffs have asserted a standalone claim against Flint for liability under Monell v. Dep’t’ of Soc. Servs. of City of New York, 436 U.S. 658 (1978). Monell states that “[l]ocal governing bodies . . . can be sued directly under § 1983 for monetary, declaratory, or injunctive relief where, as here, the action that is alleged to be unconstitutional implements or executes a policy statement, ordinance, regulation, or
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decision officially adopted and promulgated by that body's officers.” Id. at 690 (1978). A municipality may only be liable under Monell if there is an underlying constitutional violation by a municipal employee or official. Robertson v. Lucas, 753 F.3d 606, 622 (6th Cir. 2014).
Flint argues that this claim should be dismissed for two reasons: first, that a plaintiff may not assert a standalone Monell claim independent of unconstitutional behavior by city officials or employees, and second, that the imposition of the emergency manager on Flint means that any unconstitutional actions taken by an official or employee of Flint was pursuant to a policy or decision adopted and promulgated by the State of Michigan rather than the city of Flint.
As set forth above, plaintiffs have stated a claim that Earley, Ambrose, Croft, Glasgow, and Johnson violated their constitutional right to bodily integrity. They have also pleaded that Flint had a policy of providing tainted water to the users of its municipal water supply. To the extent that Flint argues that plaintiffs’ municipal liability claim under Monell should have been pleaded as a part of the bodily integrity claim rather than as a separate claim, there is no requirement that a Monell
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claim be presented in either fashion if it is clear from the face of the pleading that the elements of that claim have been asserted.
Flint’s argument regarding whether a state-appointed emergency manager is a final decision-maker for Flint appears to be a matter of first impression. However, it is not a difficult question.
A municipality is liable under § 1983 where the unconstitutional policy or decision may be said to have been promulgated by a final decision-maker. Pembaur v. City of Cincinnati, 475 U.S. 469, 485 (1986). There is no requirement that the final decision-maker be elected or appointed in any particular fashion, so long as one exists and created or enforced the policy. Flint argues that because the emergency manager was acting on behalf of the state, any policy or decision made by the emergency manager is, by definition, a state policy rather than a city policy.
As set forth previously, an emergency manager “act[s] for and in the place and stead of the governing body and the office of chief administrative officer of the local government.” M.C.L. § 141.1549(2). “Following appointment of an emergency manager and during the pendency of receivership, the governing body and the chief
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administrative officer of the local government shall not exercise any of the powers of those offices except as may be specifically authorized in writing by the emergency manager or as otherwise provided by this act and are subject to any conditions required by the emergency manager.” Id.
When an emergency manager is appointed to run a municipality, he or she becomes a final decision-maker for that municipality with respect to the areas in which he or she has assumed power. To hold otherwise would require a holding that the imposition of a different kind of government under the emergency manager statute meant that municipalities had, in effect, no government at all for constitutional purposes. The imposition of an emergency manager would completely block municipal liability for the unconstitutional acts of city officials or employees.
Flint does not otherwise challenge plaintiffs’ Monell claim. Because the emergency managers imposed by the State of Michigan were officials whose edicts or acts may fairly be said to represent official policy for Flint, the claim survives with respect to plaintiffs’ bodily integrity claim, but is dismissed as to plaintiffs’ other constitutional claims.
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K. Negligence Claims Plaintiffs assert claims for negligence, professional negligence, and gross negligence against LAN and Veolia. LAN and Veolia move to dismiss the negligence and gross negligence claims, on the grounds that the negligence claims are preempted by the professional negligence claims, and the gross negligence claims do not exist under Michigan law. Veolia also moves to dismiss certain defendants based on deficiencies in the pleading. In Guertin, the Court analyzed these same negligence claims and ultimately held as LAN and Veolia now argue. First, the common-law negligence claims against these defendants were dismissed, as claims against professional engineering companies requiring expert testimony as to the required professional standard of care sound in professional, rather than common-law negligence. (Case No. 16-cv-12412, Dkt. 191 at 4-5.) Second, the gross negligence claims were dismissed, as gross negligence does not exist as an independent tort in Michigan. (Case No. 16-cv-12412, Dkt. 151 at 94-97.)
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i. Common-Law Negligence Plaintiffs argue that claims for both negligence and professional negligence can be asserted against LAN and Veolia, because the complaint alleges that these defendants failed both to act as reasonable people would, and as reasonable professionals would. (Dkt. 379 at 10708.) Plaintiffs rely chiefly on Bryant v. Oakpointe Villa Nursing Ctr., 471 Mich. 411 (2004), a medical malpractice case in which claims for medical malpractice and common-law negligence were allowed to proceed. In Michigan, “[t]he determination whether a claim will be held to the standards of proof and procedural requirements of a medical malpractice claim as opposed to an ordinary negligence claim depends on whether the facts allegedly raise issues that are within the common knowledge and experience of the jury or, alternatively, raise questions involving medical judgment.” Dorris v. Detroit Osteopathic Hosp. Corp., 460 Mich. 26, 46 (1999). Bryant concerned claims arising from the death of a nursing home resident who slipped between the rails of her bed and the mattress after wedges failed to keep her in place, was unable to free herself, and asphyxiated, after she had previously been observed slipping out of bed
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and nearly asphyxiating herself the previous day. Bryant, 471 Mich. at 416-17. Even though there were medical malpractice claims asserted, the plaintiff was permitted to proceed with a common-law negligence claim because the complaint alleged that the decedent’s risk of slipping and falling was known to defendant, and defendant did nothing to prevent future harm. “No expert testimony [was] necessary to show that the defendant acted negligently by failing to take any corrective action after learning of the problem. A fact-finder relying only on common knowledge and experience [could] readily determine whether the defendant’s response was sufficient.” Id. at 431.
Plaintiffs likewise rely on other medical malpractice cases to support the existence of an independent cause of action for negligence in this case. See, e.g., Trowell v. Providence Hosp. & Med. Ctrs., Inc., 316 Mich. App. 680, 693-94 (2016) (analyzing medical malpractice cases). The critical issue in these cases is whether an ordinary layperson “lacks knowledge regarding the appropriate methods and techniques for” performing the duties at the core of the negligence claim. Wiley v. Henry Ford Cottage Hosp., 257 Mich. App. 488, 510 (2003).
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Plaintiffs’ common-law negligence claim states that LAN and Veolia, “[u]pon learning of the release of the contaminants . . . owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class, and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class, and their property.” (Dkt. 349 at 149.) An ordinary layperson would have little to no knowledge about the appropriate methods and techniques for remediating, containing, and eliminating lead and bacteria in a municipal water supply, and plaintiffs do not argue otherwise.
In Bryant, the duty to prevent an elderly woman from falling out of bed and choking to death involved methods and techniques that were obvious to any person, and required no specific medical knowledge – the defendant needed to put something in place that would stop the patient from slipping out of bed. Here, the duty to remediate, contain, and eliminate water contamination on a citywide basis necessarily implicates methods and techniques beyond those of a layperson. As plaintiffs plead in their complaint, proper treatment of the water by LAN and Veolia required scientific knowledge related to corrosion inhibition, whether
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mandating use of certain chemicals was likely to solve or exacerbate the contamination, and monitoring the acidity levels of the water flowing throughout the city of Flint. (Dkt. 349 at 6-7.) Plaintiffs’ negligence claim is dismissed.
ii. Gross Negligence Plaintiffs also argue that gross negligence is an independent cause of action in Michigan. Gross negligence is not an independent cause of action in Michigan, but instead a standard used to determine liability in certain tort and contract-based claims. Xu v. Gay, 257 Mich. App. 263, 268-69 (2003). “[I]n Jennings v. Southwood, 446 Mich. 125 (1994), the Michigan Supreme Court barred all claims of common-law gross negligence under Michigan law except in certain contexts in which Michigan law exculpates actors for mere negligent conduct.” Biegas v. Quickway Carriers, Inc., 573 F.3d 365, 377 (6th Cir. 2009); see also Johnson v. Williams, Case No. 15-cv-13856, 2017 U.S. Dist. LEXIS 156149, at *48 (E.D. Mich. Sept. 25, 2017) (noting that “there is no independent cause of action for gross negligence” in Michigan).
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Because gross negligence does not exist as an independent claim in Michigan, plaintiffs’ gross negligence claim is dismissed.
iii. Pleading Deficiencies Veolia argues that certain named defendants should be dismissed in part or in whole based on pleading deficiencies. First, Veolia argues that Rhonda Kelso and her daughter K.E.K.’s claims must be dismissed, because Kelso and her daughter allege that they “bathed, washed, and cooked with the water until at least January 2015.” (Dkt. 349 at 13.) The complaint alleges that Veolia became involved in the Flint water contamination crisis in February 2015. Plaintiffs argue that the Court may infer that “at least” means that it is plausible that Kelso and her daughter bathed, washed, and cooked with Flint River water after January 2015. The complaint sets forth specific allegations about the manner in which each plaintiff used Flint River water after April 25, 2014, and in select cases, mentions specific dates through which the plaintiffs used the water. Other plaintiffs, however, allege that they used Flint River water for the entirety of “the relevant time period,” or mention no limitation on the time period. (See, e.g., Dkt. 349 at 14-15 (alleging claims on behalf of
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Marilyn Bryson).) If Kelso and K.E.K. allege that they used Flint River water through “at least January 2015,” and other plaintiffs either specifically allege that they used Flint River water for the entire time period or do not mention any potential limitation on their period of use, the Court must infer that Kelso and K.E.K. have not plausibly alleged use of Flint River water after January 2015. Their claims against Veolia are dismissed.
Second, Veolia argues that David Munoz’s claims against it should be dismissed because there is no allegation that Munoz’s home, which is located in Flint, was “serviced by City of Flint municipal water at any time after February 10, 2015.” (Dkt. 274 at 29.) However, the complaint states that Munoz owned a home in Flint, and places no limitation on the time period in which he owned his home. The Court may plausibly infer that all homes in Flint were serviced by City of Flint municipal water, because the point of a municipal water supply is to provide water to the residents of the city. Munoz’s claim against Veolia is not dismissed.
Third, Veolia argues that Amber Brown and K.L.D.’s claims as to Veolia must be dismissed, because their claims arise from harm K.L.D. experienced in utero and was realized at her birth on November 18, 2014.
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The complaint specifically references Brown and K.L.D.’s use of Flint Water up to K.L.D.’s birth, but then makes no allegation about any use of the water after that date. Because Brown and K.L.D.’s allegations of harm end at the date of K.L.D.’s birth, months before Veolia became involved in this crisis, Brown and K.L.D.’s claims against Veolia are dismissed.
Fourth, Veolia argues that Gilcreast’s claims against it should be dismissed because Gilcreast has not designated herself as a partner litigating on behalf of the partnership. (Id. at 32 (citing Ragnone v. Charter Twp. of Fenton, No. 267530, 2006 Mich. App. LEXIS 3273, at *8 (Mich. Ct. App. Nov. 2, 2006)).) However, the complaint states that she is a member of a partnership, and states that the harms she has experienced are to the properties the partnership owns. (Dkt. 349 at 19.) Gilcreast has “brought the instant action in [her] capacity as [a] partner[],” and her claims will not be dismissed. George Morris Cruises v. Irwin Yacht & Marine Corp., 191 Mich. App. 409, 415 (1991).
Finally, Veolia argues that EPCO and Angelo’s Coney Island Palace’s claims against it must be dismissed, because, like Munoz, they fail to specifically allege damages after February 10, 2015, when Veolia
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became involved in the Flint water crisis. Because neither plaintiff places a limitation on when it used or was affected by Flint River water, the Court plausibly infers that they are alleging harm throughout the entire time period at issue in this case. Their claims are not dismissed.
Kelso, K.E.K., Brown, and K.L.D.’s claims against Veolia are all dismissed. Because no other defendant moved to dismiss any individual plaintiff’s claim based on any particular pleading deficiency, the Court will not address any argument Veolia made with regard to any claim asserted against any other defendant.
L. Nancy Peeler Plaintiffs’ complaint names Nancy Peeler as a defendant, and describes her role as the MDHHS Director for the Program for Maternal, Infant and Early Childhood Home Visiting, and as the person in charge of MDHHS’s childhood lead poisoning program. (Dkt. 349 at 31.) The complaint does not contain any allegation about what Peeler did or did not do in relation to the Flint water contamination crisis. At oral argument, Peeler’s counsel noted that the complaint contained no specific allegations regarding Peeler. Plaintiff’s counsel stated that allegations regarding Peeler were left out of the complaint,
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but also stated that the omission arose from an order of the Court following the October 25, 2017 global status conference for all Flint water cases. In plaintiffs’ counsel’s view, the Court permitted plaintiffs to amend their complaint to add Peeler to the case caption, but refused leave for plaintiffs to amend their complaint to add substantive allegations against Peeler.
At the October 25, 2017 status conference, Michael Pitt, counsel for class plaintiffs, brought up “one housekeeping matter.” (Dkt. 259 at 108.) Plaintiffs had “agreed now to file a new consolidated complaint by the end of this week.” (Id.) Pitt noted “an oversight,” which was that Peeler “was left off of the complaint” – namely, “[t]he case caption. She’s mentioned in the body of the complaint.” (Id. at 108-09.) The Court then granted plaintiffs’ counsel’s request to amend the complaint to correct the deficiency. (Id. at 109.) The amended complaint was filed on October 27, 2017. (Dkt. 238.) Another amended complaint was filed on January 25, 2018, to remove certain allegations about criminal charges against certain defendants. (Dkt. 349.)
The Court did not deny plaintiffs an opportunity to amend their complaint to include allegations against Peeler, because plaintiffs made
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no such request. They merely requested leave to amend the case caption. Because the complaint contains no allegations that Peeler engaged in any activity that could give rise to liability for any claim in which she was named, all claims against Peeler are dismissed.
V. Conclusion For the reasons set forth above, it is hereby ordered that: Busch, Cook, Prysby, Rosenthal, and Shekter-Smith’s motion to dismiss the complaint (Dkt. 273) is GRANTED IN PART AND DENIED IN PART; Veolia’s partial motion to dismiss the complaint (Dkt. 274) is GRANTED IN PART AND DENIED IN PART; Ambrose, Croft, Earley, Flint, Glasgow, Johnson, and Walling’s motion to dismiss (Dkt. 276) is GRANTED IN PART AND DENIED IN PART; Wright’s motion to dismiss (Dkt. 277) is GRANTED IN PART AND DENIED IN PART; The LAN partial motions to dismiss (Dkts. 278, 283) are GRANTED; LAN’s motion for a more definite statement (Dkt. 283) is DENIED;
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Dillon, Lyon, MDHHS, Governor Snyder, and the State of

Michigan’s motion to dismiss (Dkt. 279) is GRANTED IN PART AND

DENIED IN PART;

Wyant’s motion to dismiss (Dkt. 281) is GRANTED;

Wurfel’s motion to dismiss (Dkt. 282) is GRANTED IN PART AND

DENIED IN PART; and

Peeler’s motion to dismiss (Dkt. 294) is GRANTED.

The State of Michigan, Governor Snyder, Wyant, Kurtz, Walling,

and Peeler are DISMISSED from this case.

Plaintiffs’ state-created danger, Equal Protection, § 1985(3),

ELCRA, fraud, NIED, negligence, and gross negligence claims are

DISMISSED.

Kelso, K.E.K., Brown, and K.L.D.’s professional negligence claims

against Veolia are DISMISSED.

Frances Gilcreast, Epco Sales, LLC, and Angelo’s Coney Island

Palace, Inc.’s bodily integrity claims are DISMISSED.

IT IS SO ORDERED.

Dated: August 1, 2018 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on August 1, 2018.
s/Shawna Burns SHAWNA BURNS Case Manager
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 Case 5:16-cv-10444-JEL-MKM ECF No. 659 filed 10/31/18 PageID.19225 Page 1 of 20

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases.

Judith E. Levy

United States District Judge

________________________________/

This Order Relates To:

Carthan, et al. v. Snyder, et al. Case No. 16-cv-10444

________________________________/

ORDER DENYING CITY OF FLINT’S MOTION TO AMEND AND
CERTIFY IN PART THE COURT’S AUGUST 1, 2018 OPINION AND ORDER FOR INTERLOCUTORY APPEAL [565]

Following the declaration of a financial crisis in 2012, Governor

Snyder appointed an emergency manager, Edward Kurtz, to oversee and

improve defendant-the City of Flint’s fiscal situation. (Dkt. 546 at 8.)

Kurtz was the first of several emergency managers tasked with restoring

the City’s economic wellbeing. To facilitate that effort, the emergency

managers were given broad powers over municipal decision-making. See

Mich. Comp. Laws Ann. § 141.1549(2) (West 2018). During the imposition

of emergency management, defendant’s governing body was unable to

exercise any real authority over municipal functions. See id.

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In the spring of 2014, still under the direction of emergency management, the City of Flint switched its municipal water source from that supplied by the Detroit Water and Sewerage Department to that drawn from the Flint River. (Dkt. 546 at 1.) Yet the new water was not properly treated and, as a result, contained high levels of lead and other toxic contaminants. The City’s residents were not informed of the risks and continued to use the water. And in response to the injuries they allegedly suffered, they filed a multitude of lawsuits in various courts across Michigan. (Id. at 1–2.) To date, these lawsuits are still pending, including this one which is a consolidated class action.1
Plaintiffs filed the operative complaint in this case in the fall of 2017. (Dkt. 238.) Among the many claims the complaint set forth was the allegation that the City of Flint is liable under Monell v. Dept’ of Soc. Serves. of City of New York, 436 U.S. 658 (1978) for the violation of plaintiffs’ right to bodily integrity. This claim was based on defendant’s alleged municipal policy of unconstitutionally providing the residents of Flint tainted water. (Dkt. 546 at 112–14.)
1 For a more complete recitation of the facts alleged, see Carthan v. Snyder, No. 16-cv-10444, 2018 U.S. Dist. LEXIS 128989 (E.D. Mich. Aug. 1, 2018).
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Defendant filed a motion to dismiss the complaint in its entirety. With respect to the Monell claim in particular, defendant pointed out that it was under the control of the state-imposed emergency managers throughout the time of the alleged wrongdoing. (Id.) Consequently, in defendant’s view, the claim must be dismissed because the imposition of emergency management meant that any unconstitutional act was taken pursuant to state, not municipal policy. (Id.) In other words, the City of Flint could not be responsible for the alleged decision to provide the residents of Flint with the tainted water, when the city’s governing body was unable to exercise any real authority. (Id.)
On August 1, 2018, the Court entered an opinion and order granting in part and denying in part defendant’s motion. Defendant’s requested relief was granted almost in its entirety, but the Court rejected the City’s argument that it could not be held liable for the acts of the emergency managers: “When an emergency manager is appointed to run a municipality, he or she becomes a final decision-maker for the municipality . . ..” (Id. at 115.) To decide otherwise would block Monell liability for the unlawful actions of officials who were acting pursuant to
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prevailing city policy. (Id.) In effect, it would be as if the City had no government at all for constitutional purposes. (Id.)
Following that decision, defendant filed this motion asking the Court to certify for interlocutory appeal the question of “whether Monell liability applies when the final decision maker(s), with respect to the relevant alleged policy, were State officials, serving as or acting through the Emergency Managers, appointed by and accountable to the State pursuant to Michigan’s Emergency Manager law, 2012 P.A. 436.” (Dkt. 565 at 1.) On September 12, 2018, the Court heard oral argument, and, following the hearing, defendant’s motion was denied for the reasons set forth on the record and for those described below.
* A district judge may certify an order for interlocutory appeal when she is of the opinion that “[1] such [an] order involves a controlling question of law [2] as to which there is substantial ground for difference of opinion and that [3] an immediate appeal from the order may materially advance the ultimate termination of the litigation.” 28 U.S.C.A. § 1292(b) (West 2018). The decision to certify an order for interlocutory appeal is a discretionary matter. See In re Trump, 874 F.3d
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948, 951 (6th Cir. 2017); see also 16 Charles Alan Wright et al., Federal Practice and Procedure § 3930 (3d ed.).
1. Controlling Question of Law The first factor is whether an order “involves a controlling question of law.” A motion to dismiss, like that at issue here, challenges the sufficiency of a complaint and undoubtedly presents a question of law. See In re Trump, 874 F.3d at 951. As a result, the Court need only determine whether the question in this case is controlling. For the following reasons, it is not. As defendant correctly observes, “[a]ll that must be shown in order for a question to be ‘controlling’ is that resolution of the issue on appeal could materially affect the outcome of the litigation[.]” In re Baker & Getty Fin. Servs., 954 F.2d 1169, 1172 n. 8 (6th Cir.1992); see In re City of Memphis, 293 F.3d 345, 351 (6th Cir. 2002). Yet courts have differed on what it means for a question to “materially affect the outcome” of a case. And while some see it as a relatively formal inquiry, looking no further than whether an erroneous decision would eventually require reversal, see Fried v. JP Morgan Chase & Co., 850 F.3d 590, 595 (3d Cir. 2017); Spong v. Fid. Nat. Prop. & Cas. Ins. Co., 787 F.3d 296, 304 (5th
5

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Cir. 2015), others treat it more as a practical consideration and weigh whether interlocutory review presents the most efficient means to dispose of the litigation. See Kuehner v. Dickinson & Co., 84 F.3d 316, 319 (9th Cir. 1996); Eisenberg v. U.S. Dist. Court for S. Dist. of Illinois, 910 F.2d 374, 376 (7th Cir. 1990). The Sixth Circuit leans towards the latter, rather than the former perspective. See Gerboc v. ContextLogic, Inc., 867 F.3d 675, 678 (6th Cir. 2017).
With this in mind, while a question does not need to terminate an entire action to be “controlling,” In re Baker & Getty Fin. Servs., 954 F.2d at 1172 n. 8, it must do more than provide expeditious review of an issue that could otherwise be decided following final disposition. It must represent a question that, if appealed, would have a tangible impact on the proceedings; and, in addition, it must also save the Court and the litigants time and money. Gerboc, 867 F.3d at 678; see Harriscom Svenska AB v. Harris Corp., 947 F.2d 627, 631 (2d Cir. 1991); 16 Charles Alan Wright et al., Federal Practice and Procedure § 3930 (3d ed.). Only then can a would be appellant gain exception to the normal rule that appeals are taken from a final order or judgment.
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In this case, whether or not defendant’s question is certified for interlocutory appeal, the litigation will proceed much in the same manner. Although the City of Flint is one of a number of defendants facing the allegation that it violated plaintiffs’ right to bodily integrity, defendant’s liability does not turn on its independent conduct. Rather, the City, as a municipality, is only liable, if at all, based on the acts of others. “[T]hose whose edicts or acts may fairly be said to represent official policy.” Monell, 436 U.S. at 694. So, even if defendant were dismissed following an interlocutory appeal, the proceedings here in the district court would go on in much the same manner. The Court would still need to ascertain whether the emergency managers violated plaintiffs’ right to bodily integrity. If defendant is not dismissed, and assuming, for the sake of argument that the emergency managers have infringed upon plaintiffs’ federal interests, the Court has already decided the Monell issue, which is a purely legal question. It would need only to refer back to that decision to determine the outcome with respect to the City of Flint.
Conversely, defendant would save some time and money if the Monell question is certified for interlocutory appeal and it prevailed. Yet,
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while it is true that defendant will know of its fate with greater certainty if allowed to appeal now, the same could be said of any defendant who has not been dismissed at this stage in the litigation. Thus, this on its own is an insufficient reason to certify the question.
On balance, although certifying the question of Monell liability will affect the outcome of the litigation to some extent, the interests are insufficient to weigh in favor of doing so. For this reason, the question is not controlling within the meaning of § 1292(b) and this first factor cuts against certification.
2. Substantial Ground for Difference of Opinion The second factor is whether “there is substantial ground for difference of opinion” in the question that defendant wants certified for appeal. In this context, a difference of opinion exists where fair-minded jurists might reach contradictory conclusions on a novel legal issue. In re Trump, 874 F.3d at 952. But, in this case, the underlying legal issue is not novel. Instead, it rests on well-established precedent. And even if it were novel, fair minded jurists would not hold conflicting views on the correct outcome.
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Whether the Legal Issue is Novel Defendant characterizes the legal issue as “whether Monell liability can apply when a municipality is controlled by state officials, stripped of independent policymaking authority, and forced to implement a State policy.” (Dkt. 565 at 13.) In defendant’s view, this issue is novel because it is one of first impression. (Id.) Here, the underlying legal question is actually more general—when is a government official considered a municipal policymaker for Monell purposes? And although the full inquiry is admittedly more specific— whether Flint’s emergency managers, in particular, were City of Flint policymakers—it is the underlying question that must be novel to warrant interlocutory appeal. Otherwise, any issue resolved at the motion to dismiss stage could be reduced to a unique question suitable for certification. Defendant counters that the Court acknowledged in its August 1, 2018 opinion and order that the issue was one of first impression. (Dkt. 565 at 13.) Defendant is correct, yet it ignores the context in which that phrase was used. The Court explained that “whether a state-appointed emergency manager is a final decision maker for Flint appears to be a
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matter of first impression.” (Dkt. 564 at 114.) And since no other court had previously addressed whether the state-appointed emergency managers could be policymakers for the City, this was a true statement. Yet that does not make the question outside the bounds of established precedent.
Indeed, the underlying legal issue here is anything but novel. To the contrary, the controlling caselaw has developed over many decades and is well established. When deciding whether a government employee is a policymaker for Monell purposes, courts do not look at whether an official is responsible for policymaking in general. McMillian v. Monroe Cty., Ala., 520 U.S. 781, 785–86 (1997). Rather, the question is whether an official is responsible for setting policy in relation to a specific issue. See Jett v. Dallas Indep. Sch. Dist., 491 U.S. 701, 737 (1989). State law guides the analysis, but a state’s characterization of a government employee as a state or municipal official is not controlling. McMillian, 520 U.S. at 786.2 Courts are instructed to look at the actual function of
2 For similar reasons, although the Michigan Court of Appeals has ruled that emergency managers are state employees for the limited purpose of jurisdiction under Michigan’s Court of Claims Act, Mays v. Snyder, 323 Mich. App. 1, 50–51 (2018), this does not control the Monell inquiry. See McMillian, 520 U.S. at 786.
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an official in municipal affairs, id., and to work under the assumption that someone has responsibility for setting policy in a given area. See City of St. Louis v. Praprotnik, 485 U.S. 112, 125 (1988) (plurality opinion) (“[W]e can be confident that state law . . . will always direct a court to some official or body that has the responsibility for making law or setting policy in any given area of a local government's business.”); id. at 122 (“[G]overnmental bodies can act only through natural persons.”). Finally, if an individual with policymaking authority is also responsible for making a final decision on whether to implement that policy, even a single act by that decision-maker could constitute a policy for the purposes of Monell liability. Pembaur v. City of Cincinnati, 475 U.S. 469, 485 (1986); see also Jack M. Beermann, Municipal Responsibility for Constitutional Torts, 48 DePaul L. Rev. 627, 657 (1999) (“An official is not a policymaker merely because he or she is vested with final decisionmaking authority over an area, unless he or she is also vested with authority to establish the standards under which that authority is exercised.”)
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The controlling caselaw is therefore well established and, as set forth below, its application in this case leads to a single, reasonable answer.
Whether Fair Minded Jurists Would Reach Contrary Conclusions Even if the underlying legal issue were novel, defendant must still show that “fair-minded jurists” might come to a contrary answer. Defendant fails to meet this burden. In the opinion and order at issue in this motion, the Court applied the facts to the principles just discussed and arrived at the only reasonable conclusion. The Court decided that “emergency managers imposed by the State of Michigan were officials whose edicts or acts may fairly be said to represent [Flint’s] official policy . . ..” (Dkt. 564 at 114– 15.) This decision was compelled by state law. See McMillian, 520 U.S. at 786. Emergency managers “act for and in the place and stead of the governing body and the office of chief administrative officer of the local government.” (Id., citing Mich. Comp. Laws Ann. § 141.1549(2) (West 2018)). Further, “[f]ollowing [the] appointment of an emergency manger . . . the governing body and the chief administrative officer of the local government shall not exercise any of the powers of those offices except as
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may be specifically authorized in writing by the emergency manager . . ..” (Dkt. 564 at 114–15, citing § 141.1549(2).)
With this in mind, state law provides that the emergency managers have the authority to make wide-ranging policy decisions and were final decision-makers for the City of Flint with respect to those choices. Since state law indicates that the emergency managers are responsible for setting policy with regards to Flint’s water supply, see § 141.1549(2) (detailing that state law gives emergency managers broad powers to assure a municipality’s capacity to provide services essential to the public health, safety, and welfare)—something that defendant does not dispute—and because the emergency manager’s decisions were final, the Court concluded that defendant is liable for the alleged policy of providing its residents with tainted water. See Pembaur, 475 U.S. at 485. The Court indicated that it was “not a difficult question” and stands by that decision. (Dkt. 564 at 114.) In the Court’s view, no “fair-minded jurist” would reach a different result given these facts and the applicable law.
Defendant offers two arguments to the contrary. First, defendant claims that a municipality cannot be held liable under Monell unless a
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municipal official creates the allegedly unlawful policy. In support, defendant looks to the words of Monell, that “‘local governing bodies . . . can be sued directly under § 1983 . . . where . . . the action that is alleged to be unconstitutional implements or executes a policy . . . officially adopted and promulgated by that body's officers.’” (Dkt. 565 at 8, citing Monell, 436 U.S. at 690 (emphasis added).) This was a contention that defendant repeatedly returned to during oral argument. (Dkt. 613 at 26, 29–30, 32.)
However, in Monell, the Court not only explained that “a local government . . . [may] be sued under § 1983 for an injury inflicted solely by its employees or agents,” but also when an injury has been inflicted by “those whose edicts or acts may fairly be said to represent official policy.” Monell, 436 U.S. at 694 (emphasis added). Post-Monell cases have also implicitly rejected defendant’s position, recognizing that the policymaking power of municipal governments could be wielded by a wide array of government actors. See Praprotnik, 485 U.S. at 127 (“[O]ne may expect to find a rich variety of ways in which the power of government is distributed among a host of different officials and official bodies.”). Perhaps for this reason, courts have decided that a municipal employee
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may even be a state or federal policymaker in the context of Monell liability. E.g., Burley v. Gagacki, 729 F.3d 610, 619 (6th Cir. 2013) (ruling that a municipal employee was acting as a federal official and therefore could not be a municipal policymaker); Cady v. Arenac Cty., 574 F.3d 334, 345 (6th Cir. 2009) (deciding that a municipal employee was acting as a state agent and could not be a municipal policymaker as a result). Equally, a state employee may be considered a municipal policymaker if the circumstances so warrant. See McMillian, 520 U.S. at 786 (“That is not to say that state law can answer the question for us by . . . simply labelling as a state official an official who clearly makes county policy.”)
Ultimately, defendant focuses its first argument on a single sentence from Monell—when others lead to a different conclusion. But since Monell was decided, countless decisions have helped shape that body of law. The Monell decision itself even warned that it was not providing the complete contours of municipal liability. 436 U.S. at 695.
Next, defendant argues that plaintiffs should be prohibited from shifting liability from the state to a municipality in order to sidestep sovereign immunity. (Dkt. 565 at 15.) Again, defendant contends that the emergency managers are state officials, immune from suit for damages
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in their official capacity under the Eleventh Amendment. (Dkt. 565 at 15.)
Defendant’s second argument fails because it confuses distinct legal concepts. On the one hand, Monell deals with when a municipality may be liable for the actions of government actors. On the other, Eleventh Amendment immunity addresses when a state may be sued as a limitation on subject matter jurisdiction. So, for the purposes of Monell, the concept of Eleventh Amendment immunity is irrelevant. If anything, the question would be whether defendant can claim immunity even if liable because the allegedly unconstitutional policy was set by a state official. Defendant asserted as much at length in its motion to dismiss. (Dkt. 276 at 43–55.) Yet that argument is foreclosed by a Sixth Circuit decision. Boler v. Earley, 865 F.3d 391, 409–10 (6th Cir. 2017).
At oral argument, defendant developed a third argument. It claimed that an Ex parte Young action against the state would be necessary to enjoin an emergency manager in his or her official capacity from enforcing an unconstitutional policy. (Dkt. 613 at 33.) Based on this premise, defendant thought it logically inconsistent to hold a municipality liable under Monell when injunctive relief involving the
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same allegedly unconstitutional policy would demand a suit against the state. (Id.) But, here, although the emergency managers were acting pursuant to state law, they were acting on behalf of the City of Flint— they were setting Flint’s policy. And an injunctive suit does not lie against the state if it seeks to enjoin municipal directives. Thus, Ex parte Young does not apply, contrary to defendant’s position.
In the end, the thrust of defendant’s argument is that the allegedly unconstitutional policy was a state policy and had nothing to do with the City. But the City of Flint still existed as a legal entity, despite the fact that the Legislature could have chosen to dissolve it at any time and for any reason. See Hunter v. City of Pittsburgh, 207 U.S. 161, 178 (1907) (“Municipal corporations are political subdivisions of the state, created as convenient agencies for exercising such of the governmental powers of the state as may be intrusted to them.”). So, someone had to be making municipal policy. See Praprotnik, 485 U.S. at 125 (“[S]tate law . . . will always direct a court to some official or body that has the responsibility for . . . setting policy in any given area of a local government's business.”). Although defendant asks the Court to certify this question because, in its view, reasonable jurists would reach conflicting outcomes, defendant
17

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does not provide an alternative answer and instead appears simply to disagree with the Court’s decision. See United States v. Grand Trunk W. R. Co., 95 F.R.D. 463, 471 (W.D. Mich. 1981) (merely questioning the decision is not enough to warrant certification). Because the Court reached the only reasonable conclusion, the second factor also cuts against certification.
3. Materially Advance Termination of the Litigation The third factor is whether “an immediate appeal from the order may materially advance the ultimate termination of the litigation.” “When litigation will be conducted in substantially the same manner regardless of [the] decision [to review a question on interlocutory appeal], the appeal cannot be said to materially advance the ultimate termination of the litigation.” In re City of Memphis, 293 F.3d at 351, quoting White v. Nix, 43 F.3d 374, 378–79 (8th Cir.1994). This inquiry is closely tied to the first requirement that an order involve a controlling question of law. The Duplan Corp. v. Slaner, 591 F.2d 139, 148 n. 11 (2d Cir. 1978); Newsome v. Young Supply Co., 873 F. Supp. 2d 872, 878 (E.D. Mich. 2012). The expenditure of judicial resources and litigant expense is therefore again a relevant consideration, see Newsome, 873 F. Supp. 2d
18

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at 878, as courts must grapple with whether interlocutory appeal presents the most efficient way to resolve the proceedings. See McNulty v. Borden, Inc., 474 F. Supp. 1111, 1120–1122 (E.D. Pa. 1979).
For those reasons set forth above, certifying this issue for interlocutory review would not materially advance the termination of the litigation. This is because even if defendant were dismissed following an appeal, the proceedings would continue in much the same manner. And although the litigation would change to some extent, interlocutory appeal is not a vehicle to provide early review absent exceptional circumstances. See Milbert v. Bison Laboratories, Inc., 260 F.2d 431, 433 (3d Cir.1958). There are none here. The third factor thus additionally cuts against certification.
* The Court is cognizant that it should certify questions for interlocutory appeal sparingly and only under exceptional circumstances, In re City of Memphis, 293 F.3d at 350, as interlocutory appeal was not intended to open the floodgates to a vast number of appeals. Milbert, 260 F.2d at 433. While the issue defendant seeks to appeal is undoubtedly important, the Court decided it on the basis of well-established caselaw
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and sees no reason to certify it at this time. It may be that defendant is

ultimately vindicated on an appeal following a final order—importantly,

defendant does not lose the right to appeal at this later time. But

irrespective of that future possibility, this litigation will proceed in much the same fashion whether defendant appeals now or later. Therefore, the Court declines to exercise its discretion to certify defendant’s question for interlocutory appeal.

Accordingly, IT IS ORDERED that defendant’s motion to amend

and certify in part the Court’s August 1, 2018 opinion and order for

interlocutory appeal [565] is DENIED.

IT IS SO ORDERED.

Dated: October 31, 2018 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on October 31, 2018.

s/Shawna Burns SHAWNA BURNS Case Manager

20

 
 Case 5:16-cv-10444-JEL-MKM ECF No. 670 filed 11/09/18 PageID.19329 Page 1 of 4

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases.

Judith E. Levy

United States District Judge

________________________________/

This Order Relates To:

Carthan, et al. v. Snyder, et al. Case No. 16-cv-10444

________________________________/

ORDER GRANTING PLAINTIFFS’ MOTION FOR RELIEF
FROM JUDGMENT AND VACATING THE COURT’S AUGUST 1, 2018 OPINION AND ORDER [546]

On August 1, 2018, the Court entered an opinion and order,

granting in part and denying in part defendants’ motions to dismiss.

(Dkt. 546.) Several defendants appealed by right. Others filed motions

for reconsideration. The Sixth Circuit docketed the case, but held it in

abeyance. Citing to Federal Rule of Appellate Procedure 4(a)(4), the Sixth

Circuit notified the parties that jurisdiction remained with this Court

until the motions for reconsideration were decided. Subsequently,

plaintiffs filed a motion for leave to file an amended complaint under

Federal Rule of Civil Procedure 15(a). (Dkt. 620.)

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It is true that Rule 15(a) requests to amend the complaint “are frequently filed and, generally speaking, ‘freely’ allowed.” Leisure Caviar, LLC v. U.S. Fish and Wildlife Serv., 616 F.3d 612, 615 (2010). However, “[f]ollowing entry of final judgment, a party may not seek to amend their complaint without first moving to alter, set aside, or vacate judgment pursuant to either Rule 59 or Rule 60 of the Federal Rules of Civil Procedure.” Morse v. McWhorter, 209 F.3d 795, 799 (6th Cir. 2002). A plaintiff must meet this threshold requirement before a court can adjudicate his or her motion to amend. In re Ferro Corp. Deriv. Litig., 511 F. 3d 611, 624 (6th Cir. 2008).
With this in mind, the Court now construes plaintiffs’ motion as a joint motion for relief from judgment under Rule 60(b) and a motion for leave to file an amended complaint under Rule 15(a). In practice, these motions would be considered together. Charles A. Wright, et al., 6 Fed. Prac. & Proc. Civ. § 1489 (3d ed.).
Rule 60(b) provides that: On motion and just terms, the court may relieve a party or its legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect; (2) newly discovered evidence that, with reasonable diligence, could not have been discovered in time to move for a new trial under
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Rule 59(b); (3) fraud (whether previously called intrinsic or extrinsic), misrepresentation, or misconduct by an opposing party; (4) the judgment is void; (5) the judgment has been satisfied, released, or discharged; it is based on an earlier judgment that has been reversed or vacated; or applying it prospectively is no longer equitable; or (6) any other reason that justifies relief. Fed. R. Civ. P. 60. In this case, the Court finds reason that justifies relief. This case is a Flint water case. It is one of many, and cannot be easily separated or otherwise considered in isolation. The Court has granted leave to co-liaison counsel for the individual plaintiffs to file a similar motion to amend in scores of related cases. Therefore, in the interests of judicial economy, and to avoid piecemeal litigation that will work to the detriment of all parties and the Court, the motion for relief from judgment will be granted. At present, this Court is doing all that it can to address pending motions, coordinate among over 150 lawyers who have filed appearances in these cases, and coordinate between state and federal Flint water litigation in an efficient manner. Adjudicating the pending motion for leave to amend plaintiffs’ complaint will allow the Court to handle the litigation in a consistent manner and ensure a just resolution.
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Accordingly, IT IS ORDERED that plaintiffs’ motion for relief

from judgment is GRANTED, and the Court’s August 1, 2018 opinion

and order (Dkt. 546) is VACATED. In the upcoming days, the Court will

schedule a hearing on plaintiffs’ motion for leave to file an amended complaint. (Dkt. 620.) As a result of this order, the outstanding motion for reconsideration (Dkt. 560) relating to the Court’s August 1, 2018 opinion and order is DENIED as moot. The outstanding motions to stay

this proceeding pending appeal (Dkt. 603 & 604) are also DENIED as

moot.

IT IS SO ORDERED.
Dated: November 9, 2018 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on November 9, 2018.

s/Shawna Burns SHAWNA BURNS Case Manager

4

 
 Case 5:16-cv-10444-JEL-MKM ECF No. 798 filed 04/01/19 PageID.21103 Page 1 of 128

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases.

Judith E. Levy

United States District Judge

________________________________/

This Order Relates To:

Carthan v. Snyder Case No. 16-10444
________________________________/

OPINION AND ORDER GRANTING IN PART AND DENYING IN PART PUTATIVE CLASS PLAINTIFFS’ MOTION FOR LEAVE
TO FILE AN AMENDED COMPLAINT [620] AND GRANTING IN PART AND DENYING IN PART DEFENDANTS’ MOTIONS TO
DISMISS

This is a class action lawsuit that is part of the litigation collectively

referred to as the Flint Water Cases. To those following these cases, the

facts are by now well known. Plaintiffs, residents and property owners in

Flint, Michigan, were exposed to lead, legionella, and other contaminants

within the municipal water supply. They allege that defendants, a

collection of government officials and private parties, caused or prolonged

this exposure, injuring them and damaging their property. In this

opinion and order, the Court will address the following: plaintiffs’ motion

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for leave to file a fourth amended complaint and defendants’ motions to
dismiss the entire case.
Table of Contents I. Procedural History ........................................................................... 3 II. Motion for Leave to Amend the Complaint ................................. 7 a. Background ........................................................................................ 7 b. Standard of Review ........................................................................ 34 c. Threshold Issues..............................................................................36 d. Main Analysis ................................................................................... 38 1. Bodily Integrity ............................................................................... 39 2. Equal Protection ............................................................................. 49 3. Elliott Larsen Civil Rights Act ..................................................... 68 4. Conspiracy ........................................................................................ 72 5. Gross Negligence ............................................................................. 76 6. Res Judicata and Statute of Limitations ................................... 81 e. Conclusion ........................................................................................ 81 III. Motions to Dismiss ......................................................................... 82 a. Background ...................................................................................... 82 b. Standard of Review ........................................................................ 83 c. Threshold Issues..............................................................................84 d. Main Analysis ................................................................................... 88 i. Federal Claims ................................................................................. 88 1. Bodily Integrity ............................................................................... 88 2. Equal Protection ...........................................................................100 3. Conspiracy ......................................................................................101 4. State-Created Danger...................................................................101
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5. Monell Liability..............................................................................108 ii. State Claims....................................................................................109 1. ELCRA..............................................................................................109 2. Professional Negligence ..............................................................110 3. Fraud................................................................................................111 4. Negligent Infliction of Emotional Distress..............................117 5. Negligence.......................................................................................119 6. Gross Negligence ...........................................................................121 7. Exemplary Damages .....................................................................123 e. Conclusion and Order ..................................................................127
I. Procedural History Although this lawsuit is still in its early phases, its procedural
history is complicated. This case was consolidated with eight other Flint water class action complaints on July 27, 2017. (Dkt. 173.)1 In September 2017, plaintiffs filed their first amended consolidated class action complaint. (Dkt. 214.) A second amended complaint followed less than a month later. (Dkt. 238.) Then, plaintiffs filed a third amended complaint on January 25, 2018. (Dkt. 349.)
Defendants filed motions to dismiss the complaint under Federal Rules of Civil Procedure 12(b)(1) and (6). (Dkts. 273, 274, 276–79, 281–
1 Other cases were subsequently added to the consolidated docket. (Dkts. 185, 232, 441, 453.)
3

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83, 294.) On August 1, 2018, after hearing oral argument on the motions to dismiss, the Court issued an opinion and order granting defendants’ motions in part and denying them in part. Carthan v. Snyder (In re Flint Water Cases), 329 F. Supp. 3d 369 (E.D. Mich. 2018), vacated, No. 16-cv10444, 2018 U.S. Dist. LEXIS 192371 (E.D. Mich. Nov. 9, 2018). Several defendants appealed part of the ruling to the Sixth Circuit Court of Appeals (Dkts. 570, 573, 575, 579, 589); others filed motions for reconsideration. (Dkts. 560–61.) And under the prevailing rules, the Sixth Circuit awaited the resolution of the motions for reconsideration prior to taking jurisdiction. Carthan v. Snyder, No. 18-1967 (6th Cir. Aug. 28, 2018).
Plaintiffs filed a motion for leave to amend the complaint for a fourth time before the Court had resolved the pending motions for reconsideration. (Dkt. 620.) The Court granted leave for plaintiffs in other Flint water lawsuits to file similar motions,2 and, as a result, there was a significant risk that the Flint Water Cases would proceed in a piecemeal fashion. (Dkt. 670.) The Court was managing filings from more
2 This includes Walters v. Flint, No. 17-cv-10164, and Sirls v. Michigan, No. 17-cv-10342. Neither of these cases are consolidated with the present case.
4

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than 150 lawyers and coordinating with related federal and state cases. Having different lawsuits proceed on divergent allegations and differing claims would further complicate the case. Such a scenario would also burden defendants, who would be unable to wage consistent defenses. In the interest of handling the cases in a consistent manner, the Court interpreted plaintiffs’ motion as a joint motion for relief from judgment and a motion for leave to file an amended complaint. Finding just cause, the Court vacated its August 1 decision on November 9, 2018, so that it could consider plaintiffs’ motion for leave to amend. (Id.)3
To fulfill its duty to ensure that the litigation proceeds efficiently, the Court adopted an unorthodox but necessary plan. Noting that there was significant overlap between the proposed fourth amended complaint and the third amended complaint, and that a motion for leave to amend and a motion to dismiss turn on substantively the same standard, the Court determined that it would treat defendants’ responses to the motion for leave to amend as addenda to their previously filed motions to dismiss. (Dkt. 714.) The Court would then issue an omnibus opinion and
3 Some defendants challenged the Court’s authority to do so, but the Sixth Circuit upheld this decision. Carthan v. Snyder, No. 18-1967 (6th Cir. Feb. 19, 2019).
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order, adjudicating plaintiffs’ motion for leave to file a fourth amended complaint, and, if successful, defendants’ motions to dismiss it in a single decision. Mindful of the parties’ rights, the Court also gave plaintiffs and defendants the opportunity to file supplemental briefing. (Id.)
The Court now addresses plaintiffs’ motion for leave to amend the complaint and defendants’ motions to dismiss. Accordingly, this opinion and order will proceed as follows: Part II will address plaintiffs’ motion for leave to file a fourth amended complaint, and, for the reasons set forth below, the Court will grant it in part and deny it in part. In Part III, rather than wait for plaintiffs to file their amended complaint, the Court will adopt the fourth amended complaint as the operative complaint and rule on defendants’ motions to dismiss it. The Court’s ruling in Part II will be preclusive, so any claim found lacking there will not be addressed separately in Part III. The result will be that the fourth amended complaint, to the extent permitted below, will become the operative complaint for the purposes of this litigation.
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II. Motion for Leave to Amend the Complaint a. Background i. The Parties
There are three types of named plaintiffs. First, the following Flint residents claim personal injury and property damage: Elnora Carthan, a seventy-two year old African American woman; Rhonda Kelso, a fiftyfour year old African American woman who also represents the interests of her minor child; Darrell and Barbara Davis, both African Americans; Marilyn Bryson, a fifty-eight year old African American woman; and David Munoz, a Hispanic man.
Next, the following Flint residents only claim personal injury: Michael Snyder, the personal representative of the estate of John Snyder, who received medical treatment in Flint before his death; Tiantha Williams, a forty-year old African American woman and her minor child; and Amber Brown and her minor child.
Finally, the following individuals only claim property damage: Frances Gilcreast, on behalf of her Flint real estate partnership FG&S Investments; EPCO Sales, a domestic limited liability company located
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in Flint; and Angelo’s Coney Island Palace, a Michigan corporation located in Flint.
The named defendants can be separated into two groups: government and private defendants. First, the government defendants include the state defendants Rick Snyder, the former Governor of Michigan;4 the State of Michigan; Andy Dillon, then-Treasurer for the State of Michigan; Nick Lyon, the previous Director of the Michigan Department of Health and Human Services (MDHHS); and Nancy Peeler, former MDHHS Director for the Program for Maternal, Infant, and Early Childhood Home Visiting.
The government defendants also include the Michigan Department of Environmental Quality (MDEQ) defendants Daniel Wyant, Director of the MDEQ; Liane Shekter-Smith, MDEQ Chief of the Office of Drinking Water and Municipal Assistance; Adam Rosenthal, an MDEQ Water Quality Analyst; Stephen Busch, an MDEQ District Supervisor; Patrick
4 Plaintiffs sue former Governor Snyder in his official and individual capacities. For the sake of consistency with earlier Flint water decisions, former Governor Snyder will simply be referred to as Governor Snyder or the Governor where the claim is against him is in his individual capacity. Where the claim is against him in his official capacity, the count is now against Governor Gretchen Whitmer. See Fed. R. Civ. P. 25(d). But, again, for consistency, the Court will still refer to Governor Snyder.
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Cook, an MDEQ Water Treatment Specialist; Michael Prysby, an MDEQ Engineer assigned to MDEQ District 11 (where Flint is located); and Bradley Wurfel, the MDEQ Director of Communications.
Additionally, the government defendants include the city defendants Edward Kurtz, Flint’s Emergency Manager from August 2012 to July 2013; Darnell Early, Emergency Manager from September 2013 to January 2015; Gerald Ambrose, Emergency Manager from January 2015 to April 2015; Dayne Walling, Mayor of Flint from August 2009 to November 2015; Howard Croft, Flint’s former Director of Public Works; Michael Glasgow, Flint’s former Utilities Administrator; Daugherty Johnson, another former Utilities Administrator; and the City of Flint.
Finally, Jeffrey Wright is also a government defendant. Wright is the Genesee County Drain Commissioner and current Chief Executive Officer of the Karegnondi Water Authority (KWA).
The private defendants include Lockwood, Andrews & Newman, PC, Lockwood Andrews & Newman, Inc., and the Leo. A. Daly Company (collectively “LAN”); and Veolia, LLC, Veolia, Inc., and Veolia Water (collectively “Veolia”). LAN performed consultancy work in Flint related to the water supply transition to the Flint River, whereas Veolia
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performed consultancy work in Flint after the transition, in February
and March 2015.
ii. Facts As Pleaded in the Third Amended Complaint
What follows is a summary of the facts set forth in the third
amendment complaint, as summarized in the Court’s vacated August 1,
2018, opinion and order:
An 1897 city ordinance required that all water pipes in Flint be made of lead. (Dkt. 349 at 38.) In 1917, the Flint Water Treatment Plant (FWTP) was constructed, and drew water from the Flint River as Flint’s primary water source until 1964, when it went dormant. (Id.) From 1964 through 2014, users of municipal water in Flint, Michigan received their water through the Detroit Water and Sewerage Department (DWSD). (Id. at 38.) In 2014, Flint’s water supply switched back to the Flint River, and the water was treated at the FWTP. (Id. at 54.) This case concerns the decision to return to the Flint River as Flint’s primary water source in 2014, and the alleged injuries that arose from that switch.
Beginning in the 1990s, Flint, along with other local governments relying on the DWSD water supply, had concerns about the cost of that supply, and began studying the viability of alternative water supplies. (Id. at 38.) In 2001, Michigan’s Department of Natural Resources noted that businesses along the Flint River had permits to discharge industrial and mining runoff, as well as petroleum and gasoline cleanups. (Id. at 39.) In 2004, a study by the United States Geological Survey, the [MDEQ], and the Flint Water Utilities Department determined that the Flint River was a highly sensitive drinking water source susceptible to contamination. (Id.) In 2006 and 2009, Flint and other local
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governments commissioned a study from LAN regarding the viability of continuing to purchase water from the DWSD or constructing a new pipeline, which would be administered by what would later be known as the [KWA]. (Id.)
In 2011, Flint commissioned a study by Rowe Engineering and LAN to determine if the Flint River could be safely used as a water supply. (Id.) The study determined that water from the Flint River would require more treatment than water from Lake Huron, and that proper treatment for Flint River water would require upgrades to the FWTP. (Id.) The report included an addendum that set forth over sixtynine million dollars in improvements that would be necessary to use Flint River water through the FWTP, including the use of corrosion control chemicals. (Id. at 40.)
In August 2012, Michigan Governor Rick Snyder appointed Edward Kurtz as Flint’s Emergency Manager, following the declaration of a financial emergency in Flint. (Id. at 40.) Emergency managers may be appointed by the governor of Michigan “to address a financial emergency within” a local government, subject to the limitations in Michigan Public Act 436 of 2012. M.C.L. § 141.1549(1).
Upon appointment, an emergency manager shall act for and in the place and stead of the governing body and the office of chief administrative officer of the local government. The emergency manager shall have broad powers in receivership to rectify the financial emergency and to assure the fiscal accountability of the local government and the local government’s capacity to provide or cause to be provided necessary governmental services essential to the public health, safety, and welfare. Following appointment of an emergency manager and during the pendency of receivership, the governing body and the chief administrative officer of the local government shall not exercise
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any of the powers of those offices except as may be specifically authorized in writing by the emergency manager or as otherwise provided by this act and are subject to any conditions required by the emergency manager.
M.C.L. § 141.1549(2).
In November 2012, Kurtz suggested to State of Michigan Treasurer Andy Dillon that Flint join the proposed KWA under the belief that doing so would save money over continuing to purchase water from the DWSD. (Dkt. 349 at 40.) The KWA was to be an administrative body overseeing a pipeline that would use Lake Huron water for the areas it serviced. (Id. at 39.) Genesee County Drain Commissioner Jeff Wright had encouraged the formation of the KWA in 2009. (Id. at 40.)
DWSD argued throughout 2012 that Flint should not join the KWA based on cost and reliability projections. (Id.) It made these arguments to Governor [Snyder], Wright, Kurtz, Dillon, and then-Mayor of Flint Dayne Walling. (Id.) During that period, Wright consistently argued to Kurtz, Dillon, and Governor Snyder that the DWSD studies were wrong. (Id. at 41.) In late 2012, Dillon requested that an independent engineering firm assess the cost effectiveness of joining the KWA. (Id.) The firm concluded that remaining with DWSD was more cost-effective both in the short and long term. (Id.) On March 17, 2013, Dillon e-mailed Governor Snyder and stated that the KWA advocates were misrepresenting the benefits of a switch, and that the “[r]eport I got is that Flint should stay w [sic] DWSD.” (Id.)
On March 26, 2013, MDEQ District Supervisor Stephen Busch sent an e-mail to MDEQ Director Daniel Wyant and MDEQ Chief of the Office of Drinking Water and Municipal Assistance Liane Shekter-Smith setting forth risks associated with using the Flint River as Flint’s drinking water source.
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(Id.) The e-mail stated that the water posed increased health risks, including a microbial risk, a risk of trihalomethane (known as “Total Trihalomethanes” or “TTHM”) exposure, and would come with additional regulatory requirements, including significant upgrades to the FWTP. (Id. at 41–42.)
On March 27, 2013, MDEQ officials acknowledged that the decision to stay with the DWSD or switch to the Flint River was not based on the scientifically determined suitability of the water, but instead that it was “entirely possible that they will be making decisions relative to cost,” in the words of MDEQ Deputy Director Jim Sygo. (Id. at 42.)
On March 28, 2013, Dillon e-mailed Governor Snyder and other officials, and recommended that the state “support the City of Flint’s decision to join the KWA,” and that all relevant officials supported the move. (Id. at 42–43.) During this period, Governor Snyder was personally involved in the decision-making process. (Id. at 43.) On April 4, 2013, Governor Snyder’s Chief of Staff Dennis Muchmore informed Governor Snyder that “[a]s you know, the Flint people have requested Dillon’s ok to break away from the DWSD.” (Id.) Governor Snyder then instructed his Chief of Staff, Dillon, the Emergency Manager of Detroit Kevin Orr, DWSD, and Kurtz to solicit an additional offer from the DWSD before permitting the transition away from the DWSD. (Id.)
DWSD submitted its final proposal later in April. (Id.) Kurtz and Orr, according to an e-mail from a Senior Policy Advisor in the Michigan Department of Treasury, determined that Flint would not accept the DWSD offer. (Id. at 44.) Governor Snyder’s Executive Director forwarded the e-mail to Governor Snyder on April 29, 2013, and stated that it “[l]ooks like they adhered to the plan.” (Id.)
Following this communication, Governor Snyder authorized Kurtz to enter into a contractual relationship with the KWA beginning in mid-2016. (Id.) At the time Governor
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Snyder authorized the switch, he did so knowing the Flint River would be used as an interim source. (Id.) In June 2013, Dillon, Kurtz, Wright, and Walling developed an interim plan to govern the provision of water to Flint between April 25, 2014, and October 2016. (Id.)
On June 10, 2013, LAN submitted a proposal to Flint for upgrading the FWTP. (Id. at 48.) The proposal included a “Scope of Services” section that proposed upgrades to the FWTP that would permit “use of the Flint River as a water supply,” and a “Standards of Performance” section that promised LAN would “exercise independent judgment” and “perform its duties under this contract in accordance with sound professional practices.” (Id. at 49.) Flint retained LAN to advise it on the water source transition through 2015. (Id. at 49–50.)
On June 29, 2013, LAN met with representatives from Flint, the Genesee County Drain Commissioner’s Office, and MDEQ to discuss logistics related to the transition to the Flint River as Flint’s primary water source. (Id. at 50.) At that meeting, the participants determined that the Flint River was a viable water source, if more difficult to treat, and that upgrades could be made to the FWTP to properly treat the water. (Id.) The parties also determined that it was possible to conduct proper quality control with LAN’s assistance, the FWTP did not have the capacity to meet the needs of both Flint and Genesee County, and the transition could occur by April or May of 2014. (Id. at 51.) LAN agreed to present a comprehensive project proposal with cost estimates. (Id.) LAN ultimately provided engineering services for the transition from July 2013 until the transition occurred on April 25, 2014, including creating the plans and specification for the transition. (Id. at 53–54.)
Kurtz resigned from his Emergency Manager position effective July 2013. (Id. at 45.) Following Michael Brown serving as Emergency Manager for two months, Darnell
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Earley was appointed as Emergency Manager for Flint in September 2013. (Id.) Part of Earley’s job included making sure Flint was in compliance with state and federal laws governing safe drinking water. (Id.)
The transition to the Flint River continued. On March 14, 2014, Brian Larkin, then associate director of the Governor’s Office of Urban and Metropolitan Initiatives, sent an e-mail to others in the Governor’s office stating that the timeframe for switching water supplies was “less than ideal and could lead to some big potential disasters down the road.” (Id. at 45–46.)
On March 20, 2014, MDEQ Chief of the Office of Drinking Water and Municipal Assistance Liane ShekterSmith ensured that the City of Flint received an Administrative Consent Order requiring use of the FWTP, mandating Flint take steps to continue use of Flint River water or take steps to join the KWA, and attempting to prevent Flint’s return to use of the DWSD. (Id. at 46.) Shekter-Smith had been warned nearly a year earlier about the potential dangers of switching Flint’s water supply to the Flint River. (Id.)
In April 2014, LAN, Flint, and MDEQ officials discussed optimization for lead in the water supply, and decided to seek more data before implementing an optimization method. (Id. at 52.)
On April 16, 2014, former Flint Utility Administrator Michael Glasgow had informed MDEQ Water Analyst Adam Rosenthal that he would like additional time to ensure the FWTP was meeting requirements before giving the okay to distribute water from it. (Id. at 46.) On April 17, 2014, Glasgow informed MDEQ that the FWTP was not fit to begin operation, and that “management” refused to listen to his warnings. (Id.) On April 18, 2014, Glasgow wrote to Busch and MDEQ Engineer Michael Prysby and informed them that
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although he was receiving pressure to begin distributing water, he would not give the okay to do so, because he did not feel that staff was trained or proper monitoring was in place. (Id. at 46–47.) Glasgow felt that “management” had its “own agenda.” (Id. at 47.) Glasgow later told investigators that former Flint Director of Public Works Howard Croft and former Flint Utilities Administrator Daugherty Johnson pressured Glasgow to approve and begin the switch to Flint River water. (Id.)
At some point in 2014, MDEQ Water Treatment Specialist Patrick Cook signed the final permit necessary to restart use of the FWTP with the Flint River as the city’s primary water source. (Id. at 48.) The FWTP officially went into service and began delivering Flint River water to Flint water users on April 25, 2014. (Id.)
When the transition occurred, Flint’s water treatment system was not prepared to safely deliver Flint River water to users. The river was contaminated with rock-salt chlorides from treatment of roads in and around Flint during past winters. (Id. at 52.) Chlorides are corrosive, and water must be treated to neutralize their corrosive properties. (Id.) This is particularly true in a city like Flint, where most of Flint’s water mains are over seventy-five years old and made of cast iron, leaving them subject to internal corrosion called “tuberculation.” (Id. at 57.) Tuberculation leads to the development of “biofilms,” which are layers of bacteria attached to the interior pipe wall. (Id.) Although LAN provided professional engineering services related to the transition, and those services included ensuring the safety of the water from the Flint River, it did not recommend treatment of the water to prevent corrosion of the pipes. (Id. at 53.)
Within weeks of the transition to Flint River water, residents of Flint began complaining about the smell, taste, and color of the drinking water. (Id. at 54.) Shekter-Smith
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received many of those complaints, including one forwarded from an Environmental Protection Agency (EPA) employee regarding rashes linked to the Flint River water. (Id.) Complaints and symptoms related to consumption of the water continued, and, on August 14, 2014, Flint water tested above legal limits for coliform and E. coli bacteria. (Id. at 55.) Flint issued boil water advisories on August 16, 2014, and September 5, 2014. (Id.)
In response to these issues, Flint treated the water with additional chlorine. (Id.) However, because Flint’s old water lines were corroded, chlorine attacked the bare metal, rather than the bacteria, leading to further corrosion and the release of TTHM into the water supply. (Id.) A PowerPoint presentation circulated among MDEQ officials in March and April 2015, including Busch, Prysby, and Rosenthal, showed that MDEQ officials knew as early as May 2014 that Flint water contained elevated levels of TTHM. (Id.)
In the summer of 2014, MDHHS reported an outbreak of Legionnaires’ disease in Flint. (Id. at 56.) Legionnaires’ disease infects humans when water droplets containing legionella bacteria are inhaled or legionella-contaminated water is consumed. (Id.) Legionella can enter a water supply when the biofilm attached to a water pipe is stripped away, as happened when the Flint River water entered the city’s pipes, and more chlorine was added to treat the water. (Id.)
On October 3, 2014, Flint’s Public Information Officer informed Earley and Ambrose about the spike in Legionnaires’ cases via e-mail. (Id.) Earley responded by denying any connection between Flint water and the outbreak, and stated that the city’s message should be that the outbreak was an internal issue at McLaren Hospital. (Id.) MDHHS personnel did not agree with Earley’s message. (Id. at 57.)
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In September 2014, elevated blood lead levels were beginning to be noted in children under the age of sixteen who were living in Flint. (Id.) By October 1, 2014, it was known that the iron pipes making up most of Flint’s water distribution system [were] one of the causes of the contamination of the water. (Id.)
On October 13, 2014, General Motors stopped the use of Flint River water at its engine plant due to the corrosive nature of the water. (Id.) Governor Snyder’s executive staff was immediately aware of the problem, and on October 14, 2014, Governor Snyder’s Deputy Legal Counsel and Senior Policy Advisor Valerie Brader wrote an e-mail in which she suggested asking Earley to “consider coming back to the [DWSD] in full or in part as an interim solution to both the quality, and now the financial, problems that the current solution is causing.” (Id.) Brader intentionally did not distribute this message to MDEQ officials so that it would be exempted from the Freedom of Information Act [(FOIA)], but she did coordinate discussions with Earley and officials at MDEQ. (Id. at 58.) In response to this e-mail, Earley rejected the idea of returning to the DWSD on October 14, 2014. (Id.) On October 15, 2014, Governor Snyder’s Legal Counsel, Michael Gadola, stated that use of the Flint River as a water source was “downright scary,” and that Flint “should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.” (Id. at 59.)
By November 2014, LAN knew of the need to analyze the cause of the high TTHM levels in Flint water. (Id. at 60.) On November 26, 2014, LAN issued a twenty-page Operational Evaluation Report regarding the transition, which addressed compliance with EPA and MDEQ regulations, but did not address the potential for lead contamination resulting from the corrosive water flowing through the lead pipes in Flint’s water system. (Id.)
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By December 31, 2014, lead monitoring showed water testing results exceeding the federal Lead and Copper Rule’s action level for lead, which is 15 parts per billion (ppb). (Id. at 59.) On January 9, 2015, University of Michigan – Flint water tests revealed elevated lead levels in two locations on campus, which led the University to turn off certain water fountains. (Id.) On January 9, 2015, Earley again refused to return Flint to the DWSD. (Id.)
On January 13, 2015 Earley resigned as Emergency Manager for Flint, and was replaced by Gerald Ambrose. (Id. at 78.) On January 29, 2015, DWSD offered Ambrose an opportunity to reconnect to the DWSD water supply, with the re-connection fee waived. Ambrose rejected the offer. (Id. at 79.)
In January 2015, LeeAnn Walters, a Flint homeowner, contacted the EPA regarding complaints that Flint River water was making her and her family physically ill. (Id.) On January 21, 2015, the State of Michigan ordered water coolers to be installed in state buildings operating in Flint, but did not share this information with the public. (Id. at 78.) On January 27, 2015, Flint received notice from the Genesee County Health Department that it believed the spike in Legionnaires’ disease cases was linked to the switch to Flint River water. (Id.) On January 28, 2015, MDHHS Director Nick Lyon received materials from an MDHHS epidemiologist showing the 2014 outbreak of Legionnaires’ disease in Genesee County. (Id.)
On February 26, 2015, Jennifer Crooks, an EPA employee, e-mailed MDEQ and EPA employees regarding Walters’ complaints of black sediment in her water. (Id. at 80.) The e-mail noted very high testing results for iron contamination, and noted that Glasgow suggested testing for lead and copper, which resulted in test findings of 104 ppb, well over the federal action levels of 15 ppb. (Id.) The e-mail also noted that the high presence of lead was a sign that there
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were other contaminants in the water, as well. (Id.) That day, Crooks also sent an e-mail to MDEQ and EPA representatives, opining that the black sediment from Walters’ water was actually lead, and questioning whether the issue was more widespread. (Id. at 80–81.) Crooks also wondered if Flint was using optimal corrosion control. (Id. at 81.) On February 27, 2015, Busch told [Miguel] Del Toral [at the EPA] that Flint was using corrosion control, which was false. (Id.)
At some point, Flint issued a request for proposals for engineering companies to serve as a water quality consultant to the city. (Id. at 60–61.) Flint sought a consultant who could review and evaluate the City’s water treatment process and its procedures to maintain and improve water quality, to recommend ways to maintain compliance with state and federal agencies, and to assist Flint in implementing those recommendations. (Id. at 61.) In February 2015, Veolia was hired to be Flint’s water quality consultant. (Id.) The contract retaining Veolia stated that Flint would rely on the “professional reputation, experience, certification, and ability” of Veolia. (Id. at 62.)
On February 10, 2015, Veolia and Flint issued a joint press release that touted Veolia’s expertise in “handling challenging river water sources,” and notifying the public of Veolia’s role in evaluating Flint’s water treatment processes. (Id.) On February 10 and 12, 2015, executives at Veolia made statements professing the expertise of the companies and promising to address the issues with Flint’s water. (Id. at 62– 63.)
On February 18, 2015, Veolia made an interim report to Flint’s City Council. (Id. at 63.) The report indicated that Flint’s water was “in compliance with drinking water standards,” but that the discoloration of the water “raises questions.” (Id.) The report also stated that medical issues arising from consumption of the water were explained by the
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fact that “[s]ome people may be sensitive to any water.” (Id. at 64.) LAN also released a report addressing TTHM concerns, but that report did not analyze the causes of the high TTHM levels. (Id. at 66.)
On March 12, 2015, Veolia issued a final Water Quality Report. (Id. at 64.) That report was based on a 160-hour assessment of the FWTP, Flint’s distribution system, and related administrative and financial aspects of Flint’s water system. (Id.) The report found that Flint water was in compliance with state and federal water quality regulations, despite public concerns about the color and quality of the water. (Id.) The report also recommended that Flint add polyphosphates to the water supply to minimize the discoloration from iron in the pipes, but that discoloration might happen because of regular breaks and maintenance on the pipes. (Id. at 64–65.) But polyphosphates only addressed issues with the iron pipes, and were not a solution to the issues with the lead pipes. (Id. at 65.)
Meanwhile, Cook told the EPA that Flint was using corrosion control with Flint River water, and forwarded information he knew to be false to the EPA to back up the contention. (Id. at 81.) On January 27, 2015, James Henry, Environmental Health Supervisor at the Genesee County Health Department, filed a [FOIA] request with Flint to obtain information about Flint’s water supply. (Id.) Johnson stated on February 5, 2015, that he had not received the request and would fulfill it as soon as possible. However, he had not done so by March 2015. (Id. at 82.) On March 10, 2015, Henry expressed public concern that Flint and the State of Michigan were stonewalling his requests for information. (Id.)
On March 12, 2015, Shekter-Smith e-mailed Wurfel and MDEQ employees Jim Sygo and Sarah Howes to discuss a FOIA request related to legionella and stated that although the switch to the Flint River may have created conditions that supported legionella growth, there was no evidence that
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legionella was coming directly from the FWTP or Flint’s water distribution system at the time. (Id. at 83.) On March 13, 2015, Busch made statements that denied any provable connection between the switch to Flint River water and the presence of legionella bacteria in that water supply, and Shekter-Smith approved them. (Id.) During March, members of Governor Snyder’s office were aware of mobilization by Flint area pastors focused on the odor and appearance of Flint water, and of a request by those pastors for water filters. (Id. at 84.)
On March 25, 2015, the Flint City Council voted to reconnect to the DWSD, but Ambrose rejected that vote. (Id.) On April 24, 2015, almost exactly one year after the switch to Flint River water, Cook e-mailed . . . Del Toral . . . and informed him, in contradiction of Cook’s earlier representations, that Flint was not practicing corrosion control at the FWTP. (Id.) On June 24, 2015, Del Toral issued a report noting high lead levels in Flint and the State of Michigan’s complicity in both the high lead levels and the failure to inform users of Flint’s water supply. (Id. at 84–85.) The report was shared with Shekter-Smith, Cook, Busch, and Prysby, but neither they nor any other public official named as a defendant in this lawsuit took measures to effectively address any danger identified in the report. (Id. at 85.)
Between June 30, 2015, and July 2, 2015, Walling and EPA Region 5 Director Dr. Susan Hedman discussed the report, and Hedman stated that it was a preliminary draft from which it would be premature to draw any conclusions. (Id.)
On July 9, 2015, Glasgow sent an e-mail to Rosenthal describing the clear and undeniable issues that Flint’s leadand bacteria-tainted water was causing. (Id. at 86.) On July 10, 2015, Wurfel appeared on public radio and made knowingly false statements asserting that Flint River water was safe and causing no “broad problem[s]” with elevated lead
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levels in the water. (Id. at 85–86.) On July 22, 2015, Governor Snyder’s Chief of Staff wrote to Lyon and stated that the concerns of Flint water users were being “blown off” by the defendants. (Id. at 87.) On July 24, 2015, Wurfel again falsely stated that there were no worries about lead or copper contamination in Flint’s water supply. (Id.)
In that July 24, 2015 statement, Wurfel referenced sampling of the water supply by MDEQ, but that sampling was skewed, and did not resample most lower-lead homes between 2014 and 2015, or any high-lead homes between 2014 and 2015. (Id.) The sampling actually covered up high-lead samples. (Id. at 88.) Glasgow ultimately pleaded no contest to willful neglect of duty after being accused of distorting the water test results by asking residents of Flint to run or flush their water before testing, and of failing to obtain water samples from certain houses. (Id.)
During this time period, Glasgow also stated that Busch and Prysby directed him to alter water quality reports to remove the highest lead levels. (Id.) Rosenthal also allegedly manipulated test results, including a July 28, 2015 report from which Rosenthal excluded high lead-level tests. (Id. at 88–89.)
In August 2015, Professor Marc Edwards of Virginia Tech, who had been testing Flint River water, announced that he believed there was serious lead contamination of the Flint water system, which constituted a major public health emergency. (Id. at 89.) In response, Wurfel attempted to discredit Edwards’ statements by calling the testing “quick” and implying that it was irresponsible. (Id.)
By late 2014 or early 2015, Lyon also knew about the increase in children with elevated blood lead levels and Legionnaires’ disease cases, but did not report these findings to the public or other government officials, or take any steps to otherwise intervene. (Id. at 89–90.) In the summer of 2015,
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Dr. Mona Hanna-Attisha used data from Hurley Hospital in Flint to note a rise in the number of Flint children with elevated blood lead levels in the second and third quarters of 2014 to publish a study, the purpose of which was to alert Flint water users about the health risks associated with the water. (Id. at 90.) The governmental defendants immediately accused Dr. Hanna-Attisha of providing false information to the public. (Id.) On September 28, 2015, Lyon directed his staff to provide an analysis rebutting Dr. Hanna-Attisha’s findings and portraying the rise in elevated blood lead levels as normal results corresponding to seasonal fluctuations. (Id. at 90–91.) Throughout September 2015, Wurfel and the MDEQ continued to issue false statements claiming the water in Flint was safe, and that the people sounding alarms about Flint’s water quality were mistaken or “rogue.” (Id. at 91–92.)
On October 2, 2015, the State of Michigan announced that it would create a Flint Water Advisory Task Force and provide water filters to Flint water users. (Id. at 92.) On October 8, 2015, Governor Snyder ordered Flint to reconnect to the DWSD, and that reconnection took place on October 16, 2015. (Id.) On October 18, 2015, Wyant e-mailed Governor Snyder and admitted that MDEQ made a mistake in not implementing optimized corrosion control from the beginning. (Id. at 93.) On October 19, 2015, the City of Flint Technical Advisory committee listed LAN as the “owner” of the “corrosion control” issue. (Id.)
Current Flint Mayor Karen Weaver declared a state of emergency in Flint on December 14, 2015. (Id. at 94.) On January 4, 2016, the Genesee County Commissioners likewise declared a state of emergency; Governor Snyder did so on January 5, 2016, and activated the Michigan National Guard to assist Flint on January 13, 2016. (Id.)
Carthan, 329 F. Supp. 3d at 382–89.
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iii. Additional Allegations in the Proposed Fourth Amended Complaint
The proposed fourth amended complaint adds new factual allegations as follows. During the middle of the twentieth century, Flint’s water supply was taken from the Flint River and was of poor quality due to the presence of fecal coliform bacteria and contaminants. (Dkt. 620-3 at 38–39.) Because of these environmental concerns, Flint began evaluating different water sources in the 1960s. (Id.) Flint eventually mothballed the FWTP around 1965, and entered into an agreement to receive its water from DWSD. (Id.) This agreement gave Flint the exclusive right to sell DWSD water to the remainder of Genesee County. (Id.) And the Genesee County Drain Commission (GCDC) contracted with Flint to buy DWSD water in order to resell it to local customers. (Id.)
In 1973, the GCDC updated its contract with Flint. (Id. at 39.) The GCDC had to accept water from Flint as delivered, so long as it met “all requirements of the various State Regulatory Agencies.” (Id. at 39–40.) In return, Flint was required to sell water “generally sufficient to supply the County’s system use.” (Id. at 40.) In 2003, the contract was again updated. (Id.) It similarly required the “City . . . to sell water to the [GCDC] in such quantities as will meet the demands of the County
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Agency’s customers” and “the [GCDC] agree[d] to purchase water exclusively from the City[.]” (Id.) This was the situation until 2014, when Flint transitioned back to the Flint River as its source of water. (Id. at 52–53.)
Flint was not the only municipality looking to switch its water supply in the early 2000s. Various communities in the same region had formed the KWA in 2009 to explore this possibility. (Id. at 42.) Specifically, the KWA was aiming to construct a new water pipeline connected to Lake Huron. (Id.) Walling was elected as the KWA’s chair, and Wright was elected its Chief Executive Officer. (Id.) Wright later stated that he was motivated to establish the KWA at least in part because DWSD was “the poster child for Detroit corruption.” (Id. at 43.)
To be viable, the KWA would have to construct a water intake at Lake Huron and sixty-three miles of pipeline. (Id.) The system would have to supply sixty million gallons of water each day. (Id.) It was estimated that Genesee County would require forty-two million gallons a day and Flint eighteen. (Id.) The projected capital cost ran to approximately $300 million, of which Flint would shoulder eighty-five million and serve 34.2% of the debt. (Id.) Unlike the treated water
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supplied by DWSD, the KWA water would be raw and would require considerable treatment before use. (Id.)
By 2013, Wright had secured long-term commitments from most of its members to purchase their future water from the KWA. (Id. at 46.) The commitments were necessary to fund the bonds required to finance the project. (Id.) However, at that time, Flint had not committed to the KWA. (Id.) And Wright knew that it was doubtful the financing would be successful without Flint’s backing. (Id. at 46–47.) So beginning in March and April of that year, Wright aggressively argued the case for Flint joining the KWA. (Id.) All officials involved in the decision knew that the FWTP would have to be upgraded to process the future supply of raw water. (Id. at 47.)
Yet there was a problem with Flint’s participation in the KWA: how would it pay for its share of the costs? Under state law, Flint could not issue new bonds because it was in financial receivership. (Id. at 55.) An Administrative Consent Order (ACO) would permit Flint to circumvent this problem. (Id. at 129–32.) But the only way Flint could obtain an ACO was from a state agency as a result of an emergency. (Id. at 132.) Accordingly, Flint began pursuing an ACO from the MDEQ. (Id. at 133.)
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And although initially hesitant, the MDEQ began to help with the ACO even though there was no prerequisite emergency. (Id. at 133–34.) The MDEQ executed the ACO on March 20, 2014. (Id. at 136.) Pursuant to its terms, Flint was bound to adopt the interim plan to use the Flint River as its water source. (Id.) The bond issue that followed allowed the KWA project to move forward. (Id.)
When developing the interim plan, a group of people including defendants Wright, Dillon, and Walling recognized that the FWTP could not process enough water for all of Genesee County. (Id. at 53.) So together with other officials, these defendants eventually planned for Flint to receive Flint River water while Genesee County would continue to receive DWSD water. (Id.) This was despite evidence that the use of the Flint River would “[p]ose an increased microbial risk to public health,” “an increased risk of disinfection by-product (carcinogen) exposure,” and “[r]equire significant enhancements to treatment [sic] at the [FWTP.]” (Id. at 131.)
As a necessary part of the interim plan, MDEQ officials issued an operating permit for the FWTP in April 2014. (Id. at 52.) However, they did so without following the required procedures. (Id. at 126.) Federal
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law requires states to “review and approve the addition of a new source or long-term change in water treatment[.]” (Id. at 136.) In turn, Michigan law regulates the MDEQ’s authority to issue permits that impact the State’s water systems. Before issuing a permit for certain water sources, the MDEQ is required to provide a public comment period of “not less than 45 days.” (Id. at 136–37.) This regulation applied to the FWTP permitting process. (Id. at 137.) Publicly, the MDEQ stated that “the city would just continue to buy water from [DWSD]” if no permit was issued in time. (Id. at 138.) And Flint officials assured people that there would be a series of open forums to permit public questions. (Id.) But when Flint eventually submitted its permit application on March 31, 2013, it was approved in a matter of days, without an opportunity for public comment. (Id. at 138–39.)
Flint transitioned to the Flint River on April 25, 2014. (Id. at 62.) And in the months that followed, members of Governor Snyder’s senior staff began to discuss the possibility of lead contamination. (Id. at 104– 05.) In March 2015, a Flint resident wrote an open letter to Walling stating that “the water is dangerous to our health!” (Id. at 158.) Ambrose eventually received the letter, forwarding it to Flint’s public relations
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firm simply stating, “[w]elcome to Monday.” (Id.) Civic groups tried to get the government defendants to take the issue seriously. (Id. at 158–59.) But officials dismissed their concerns as unwarranted. (Id.)
Even as the EPA continued to uncover evidence of lead contamination and some senior members of Governor Snyder’s administration voiced the view that the problem was not being taken seriously (id. at 159–60), many officials continued to deny that anything was wrong. (Id. at 160–62.) Instead, they put it down to “old time negative racial experiences.” (Id. at 161.) Several officials recommended that more money be spent on public relations to combat the issue, rather than looking to resolve the underlying problem. (Id. at 159.)
On April 28, 2015, Governor Snyder received an e-mail from his chief of staff advising him that the water issue in Flint continued to be a “danger flag” for the administration. (Id. at 92.) Later that summer, the Governor’s Director of Urban Initiatives discussed with him the growing concerns among Flint residents that they were being exposed to contaminated water. (Id. at 94.) And on September 25, the Governor’s chief of staff again e-mailed the Governor to discuss the issue of lead exposure and the potential political implications. (Id. at 103.) In the same
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communication, the chief of staff opined that the residents of Flint were having their concerns about water quality inappropriately dismissed. (Id. at 104.) The Governor received this e-mail almost a week before he publicly acknowledged in October 2015 that Flint’s water was contaminated with lead. (Id. 103.) In the meantime, MDEQ officials continued to tell the public that “the drinking water distributed to city customers currently meets all drinking water standards[.]” (Id. at 162.)
Following his public acknowledgment of the crisis in October 2015, the Governor was told in December that in addition to elevated lead levels, Flint residents were also at risk of legionella exposure. (Id. at 101.) Despite all this knowledge, Governor Snyder did not disclose this risk when he declared a state of emergency on January 5, 2016. (Id. at 102.) It was not until January 13 that he publicly admitted that Flint’s water contained legionella bacteria. (Id.) He did this while activating the Michigan National Guard to assist the people of Flint. (Id.) On January 14, Governor Snyder asked the federal government to issue an emergency declaration. (Id.) The federal government did so two days later. (Id.)
In the aftermath of the crisis, facts about how the MDEQ dealt with the disaster came to light. For example, the MDEQ failed to comply with
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various rules and regulations. (Id. at 126.) State law requires the MDEQ to notify the public if a source of water is found to be out of compliance. (Id. at 142.) In August 2014, MDEQ officials discussed whether a Flint boil water advisory was caused by a sampling error in a test or a high fecal coliform result. (Id.) It was far from certain that sampling error was the culprit. (Id.) And although the MDEQ suspected that the water was contaminated, no one made an effort to investigate the issue or notify the public. (Id. at 143–44.)
Additionally, the MDEQ lacked a nondiscrimination policy required by federal law. (Id. at 126.) In 1992, the EPA found that the MDEQ had discriminated against Flint’s majority African American population in the public participation processes for a power station permit. (Id. at 145– 46.) In conducting its investigation, the EPA concluded that the MDEQ had insufficient formalized safeguards to protect against operational discrimination as required by federal regulations. (Id. at 146.) In 2014, the EPA informed the MDEQ that it was still not in compliance and needed to have in place a non-discrimination policy. (Id. at 147.) And even when the MDEQ provided the EPA with a written policy, the EPA
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determined that it was legally insufficient. (Id.) The same defective policy remains in place. (Id.)
Throughout the crisis and its aftermath, the concerns and fears of the people of Flint were not taken seriously. In the opinion of some government officials, residents “making noise about civil unrest, violence, [Michigan State Police] shootings and an [emergency manager], [were] the naysayers[.]” (Id. at 156.) These officials believed that too many of them had “their handout [sic] and their voices raised,” and caving to their demands was part of the reason that Flint had been “placed in receivership twice in the past decade.” (Id. at 156–57.) In the view of these officials, the problem an “entitlement mentality.” (Id. at 157.) Ultimately, the Task Force charged with investigating the causes of the crisis summed it up: “Flint residents, who are majority Black or African American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities.” 5 (Id. at 165.)
5 According to the fourth amended complaint, Flint’s population is 54.3% African American. (Dkt. 620-3 at 152.)
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iv. Prior Flint Water Cases Litigation from the Flint Water Cases has already resulted in several opinions from the Sixth Circuit. The Court must follow these as they are binding precedent, including Guertin v. Michigan, 912 F.3d 907 (6th Cir. 2019); Boler v. Earley, 865 F.3d 391 (6th Cir. 2017); and Mays v. City of Flint, 871 F.3d 437 (6th Cir. 2017).6 Other decisions have been issued by this Court, which will be adhered to where appropriate. This includes Guertin v. Michigan, No. 16-cv-12412, 2017 U.S. Dist. LEXIS 85544, (E.D. Mich. June 5, 2017), and the Court’s vacated August 1, 2018 opinion in the present case. 329 F. Supp. 3d 369.
b. Standard of Review Plaintiffs seek leave to amend the complaint under Federal Rule of Civil Procedure 15(a)(2). Rule 15(a)(2) states that “a party may amend its pleading only with . . . the court’s leave.”7 However, “court[s] should freely give leave when justice so requires.” Fed. R. Civ. P. 15(a)(2); see also
6 On remand from the Sixth Circuit, Boler was consolidated with the present case. (Dkt. 453.)
7 Where, as here, leave is sought following a dispositive ruling, the moving party must normally have the ruling set aside. Morse v. McWhorter, 290 F.3d 795, 799 (6th Cir. 2002). But in this case, the ruling has already been vacated. (Dkt. 670.)
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Leisure Caviar, LLC v. U.S. Fish & Wildlife Serv., 616 F.3d 612, 615 (6th Cir. 2010) (noting that Rule 15(a) requests are normally liberally granted). And when evaluating the interests of justice, courts consider various factors. These include “‘[u]ndue delay in filing, lack of notice to the opposing party, bad faith by the moving party, repeated failure to cure deficiencies by previous amendments, [and] undue prejudice to the opposing party[.]’” Wade v. Knoxville Utils. Bd., 259 F.3d 452, 458–59 (6th Cir. 2001) (quoting Head v. Jellico Hous. Auth., 870 F.2d 1117, 1123 (6th Cir.1989)). Mere delay on its own is insufficient to warrant denial. Oleson v. United States, 27 F. App’x 566, 569 (6th Cir. 2001). Instead, courts examine the competing interests of the litigants and the likelihood of prejudice to the non-moving party. See Morse, 290 F.3d at 799.
Yet regardless of the equities, leave must be denied if an amendment would be futile. Parchman v. SLM Corp., 896 F.3d 728, 736, 738 (6th Cir. 2018) (citing Foman v. Davis, 371 U.S. 178, 182 (1962)). And a “proposed amendment is futile if [it] could not withstand a Rule 12(b)(6) motion[.]” Beydoun v. Sessions, 871 F.3d 459, 469 (6th Cir. 2017). Under Rule 12(b)(6), the Court must “construe the complaint in the light most favorable to the plaintiff and accept all allegations as true.” Keys v.
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Humana, Inc., 684 F.3d 605, 608 (6th Cir. 2012). “To survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009). A plausible claim need not contain “detailed factual allegations,” but it must contain more than “labels and conclusions” or “a formulaic recitation of the elements of a cause of action.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007). Ultimately, a claim is only facially plausible “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.
c. Threshold Issues i. Jurisdiction
Several parties question the Court’s jurisdiction to rule on plaintiffs’ motion. (Dkt. 635 at 4–5; Dkt. 650 at 1–2; Dkt. 653 at 12–13; Dkt. 655 at 12–14; Dkt. 657 at 11–12.) They argue that the Court was divested of jurisdiction by appeals filed in response to its August 1, 2018 opinion and order. (Id.) However, as explained in its November 9, 2018 order, the Court retained jurisdiction. (Dkt. 670.) And the Sixth Circuit recently affirmed this position, dismissing defendants’ appeals in the
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process. Carthan v. Snyder, No. 18-1967 (6th Cir. Feb. 19, 2019). As such, the Court retains the authority to rule on the present motion.
ii. Class Definitions Plaintiffs seek leave to amend the class definitions. The third amended complaint broadly defined the class as including all individuals and entities who were exposed to Flint’s contaminated water and who experienced injuries or damages to their persons or property. (Dkt. 349 at 112–13.) The fourth amended complaint keeps this general definition but adds a subclass of African Americans. (Dkt. 620-3 at 167–68.) Plaintiffs also further divide the proposed classes into a series of even smaller subclasses based on property damage, personal injury, injunctive relief, and a set of common issues relating to liability and causation. (Id. at 167–72.) Class certification should occur “at an early practicable time.” Fed. R. Civ. P. 23(c)(1)(A). The Court is currently preparing a comprehensive case management order that will set forth the timeframe for consideration of class definitions and certification. Therefore, plaintiffs may amend the complaint to include the amended class definitions with the understanding that this issue will be revisited.
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d. Main Analysis

Plaintiffs seek leave to amend the following six counts:

Count I
II-III IV V
XIV

Claim 42 U.S.C. § 1983 Bodily Integrity 42 U.S.C. § 1983 Equal Protection 42 U.S.C. § 1985(3) -
Conspiracy
Elliott-Larsen Civil Rights Act
Gross Negligence

Defendants
All government defendants
Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, Wyant, Shekter-
Smith, Prysby, and Busch Snyder, Dillon, Wright, Ambrose,
Kurtz, and Earley Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, The City of Flint, Wyant, Shekter-Smith, Prysby,
and Busch Snyder, Dillon, Lyon, ShekterSmith, Rosenthal, Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley, Ambrose, Croft, Johnson,
and Glasgow.

i. Competing Interests and Likelihood of Prejudice

Some of the defendants argue that leave to amend the complaint

should be denied because plaintiffs’ request is unduly delayed. (Dkt. 651

at 19–20; Dkt. 653 at 33–34). The Court disagrees.

It is true that the present case has been pending for several years.

This is now plaintiffs’ fourth amended complaint, and if this were a

routine case, their attempt to amend the pleadings again might be

unusual. But this litigation is far from routine. The harm alleged and the 38

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number of parties involved are extraordinary. What started out as a series of individual suits has become a large consolidated action. And the complex nature of the claims coupled with less than straightforward procedure must be considered. This weighs in plaintiffs’ favor.
Conversely, defendants do not explain how they will be prejudiced. Having resisted the start of discovery, they cannot claim that they will be subject to duplicative discovery. See Morse, 290 F.3d at 800–01. Plaintiffs have not changed their allegations so much that defendants will need to completely overhaul their strategy. See Prather v. Dayton Power & Light Co., 918 F.2d 1255, 1259 (6th Cir. 1990). And the fourth amended complaint does not contain new claims so far outside the scope of the third amended complaint such that granting leave to amend may later lead to confusion. See Lover v. D.C., 248 F.R.D. 319, 323 (D.D.C. 2008). As a result, leave to amend will not be denied on the basis of prejudice. Instead, the Court will examine each count for futility.
ii. Futility of Amendments 1. Bodily Integrity
Plaintiffs first seek leave to amend their bodily integrity claim brought under § 1983 against defendant Governor Snyder. (Dkt. 620-1 at
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13.) In their view, the newly pleaded allegations establish that the Governor was aware of the significant risks posed by the Flint River water as early as April 2015, but he did nothing to inform Flint’s residents until the crisis could no longer be denied many months later. (Id. at 14–15.) Additionally, Governor Snyder not only denied the crisis in the intervening period, but later played down the risks for months after having publicly acknowledged the disaster. (Id.) Because plaintiffs’ state a plausible bodily integrity claim against Governor Snyder, granting leave to include it would not be futile.
a. Constitutional Violation The right to bodily integrity is a fundamental interest protected by the Due Process Clause of the Fourteenth Amendment. Guertin, 912 F.3d at 918–19; Guertin, 2017 U.S. Dist. LEXIS 85544, at *63 (citing Union Pac. Ry. Co. v. Botsford, 141 U.S. 250, 251 (1891)). And although violations of the right to bodily integrity usually arise in the context of physical punishment, the scope of the right is not limited to that context. Kallstrom v. City of Columbus, 136 F.3d 1055, 1062–63 (6th Cir. 1998). For instance, the “forcible injection of medication into a nonconsenting person’s body represents a substantial interference with that person’s
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liberty[.]” Guertin, 912 F.3d at 919 (citing Washington v. Harper, 494 U.S. 210, 229 (1990)). And “compulsory treatment with anti-psychotic drugs may [also] invade a patient’s interest in bodily integrity[.]” Guertin, 2017 U.S. Dist. LEXIS 85544, at *66 (citing Lojuk v. Quandt, 706 F.2d 1456, 1465–66 (7th Cir. 1983)). The key is whether the intrusion is consensual. See Guertin, 912 F.3d at 920. There is no difference between the forced invasion of a person’s body and misleading that person into consuming a substance involuntarily. Guertin, 2017 U.S. Dist. LEXIS 85544, at *71 (citing Heinrich v. Sweet, 62 F. Supp. 2d 282, 313–14 (D. Mass. 1999)). As such, officials can violate an individual’s bodily integrity by introducing life-threatening substances into that person’s body without their consent. Guertin, 2017 U.S. Dist. LEXIS 85544, at *65 (citing Washington, 494 U.S. at 229).
However, to state a claim, plaintiffs must do more than point to the violation of a protected interest; they must also demonstrate that it was infringed arbitrarily. Guertin, 912 F.3d at 922. But see Range v. Douglas, 763 F.3d 573, 589 (6th Cir. 2014) (observing that in some contexts government action may violate substantive due process without a liberty interest at stake). And with executive action, as here, only the most
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egregious conduct can be classified as unconstitutionally arbitrary. Cty. of Sacramento v. Lewis, 523 U.S. 833, 846 (1998). In legal terms, the conduct must “shock[ ] the conscience.” Guertin, 2017 U.S. Dist. LEXIS 85544, at *63 (quoting Lewis, 523 U.S. at 846).
Whether government action shocks the conscience depends on the situation. Ewolski v. City of Brunswick, 287 F.3d 492, 510 (6th Cir. 2002). Where unforeseen circumstances demand the immediate judgment of an executive official, liability turns on whether decisions were made “maliciously and sadistically for the very purpose of causing harm.” Lewis, 523 U.S. at 852–53 (quoting Whitley v. Albers, 475 U.S. 312, 320– 21 (1986)). But where an executive official has time for deliberation before acting, conduct taken with “deliberate indifference” to the rights of others “shocks the conscience.” See Claybrook v. Birchwell, 199 F.3d 350, 359 (6th Cir. 2000). This case involves the latter of these two situations. And as a result, plaintiffs must demonstrate that (1) officials knew of facts from which they could infer a “substantial risk of serious harm,” (2) that they did infer it, and (3) that they nonetheless acted with indifference, Range, 763 F.3d at 591 (citing Ewolski, 287 F.3d at 513), demonstrating a callous disregard towards the rights of those affected,
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Guertin, 912 F.3d at 924 (quoting Schroder v. City of Fort Thomas, 412 F.3d 724, 730 (6th Cir. 2005)).
As a preliminary matter, plaintiffs point to a bodily integrity violation. This is not a case about the right to a contaminant-free environment or clean water. But see Guertin, 912 F.3d at 955–57 (McKeague, J., dissenting). Rather, this case implicates the consumption of life-threatening substances. Indeed, neither side disagrees that lead and legionella are life threatening, nor that plaintiffs ingested these contaminants and others through the water supply. This intrusion was also involuntary. “[I]t was involuntary because defendants hid from plaintiffs that Flint’s water contained dangerous levels of lead,” Guertin, 2017 U.S. Dist. LEXIS 85544, at *71, and, “because under state and municipal law, plaintiffs were not permitted to receive water in any other way[,]” id. (citing Flint Code of Ord. §§ 46-25, 46-26, 46-50(b)). Plaintiffs’ claim therefore implicates the right to bodily integrity.
Plaintiffs also plead facts which, when taken as true, show that Governor Snyder was deliberately indifferent. First, plaintiffs plausibly allege that Governor Snyder knew of facts from which he could infer that plaintiffs faced a substantial risk of serious harm. As early as March
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2014, members of the Governor’s administration were warning that transitioning to the Flint River could lead to a potential disaster. Initial warning signs included an outbreak of Legionnaires’ disease in the Flint area. And by October 2014, senior staff, including the Governor’s Chief of Staff, were discussing the need to return to DWSD water because of a growing awareness that the treated Flint River water did not meet established quality standards. In July 2015, this clamor continued to build when the Governor’s Chief of Staff wrote that concerns over lead contamination were being inappropriately dismissed. There was also a public outcry. Concerned religious leaders informed the administration of problems with the Flint River. News articles discussed lead in Flint’s drinking water. And General Motors stopped using Flint water because it was corroding machinery. Considering the seriousness of the potential problem, the widespread reports, and the seniority of the government staff involved, it is reasonable to infer from plaintiffs’ allegations that Governor Snyder was aware of this information. As a result, the Governor possessed sufficient facts from which he could have deduced that plaintiffs faced a substantial risk of serious harm from the Flint River.
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Second, plaintiffs successfully claim that Governor Snyder did in fact infer that plaintiffs faced such a risk of harm. In January 2015, the Governor met with other government officials to discuss the ongoing threat to public health posed by legionella bacteria in the Flint River water. A couple of months later, the Governor and his staff discussed whether to distribute water filters to Flint residents as a form of mitigation against possible contamination. At the same time, the Governor’s Chief of Staff informed the Governor that the water issue in Flint continued to be “a danger flag” and was something that needed addressing sooner rather than later. (Id. at 92.) And in the summer, a senior member of the administration spoke with Governor Snyder about the fear that Flint’s residents were being exposed to toxic levels of lead through the Flint River water. So when plaintiffs state that by February 2015, the Governor was fully aware of a public health threat posed by the water supply in Flint, and that by July 2015, at the very latest, the Governor knew that the water supply was contaminated, these conclusions are supported by well-pleaded factual allegations. It is reasonable to infer that Governor Snyder knew that the residents of Flint faced a substantial risk of serious harm emanating from the water.
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Third, plaintiffs plausibly state that the Governor acted indifferently to the risk of harm they faced, demonstrating a callous disregard for their right to bodily integrity. This indifference manifested itself in two ways. Initially, the Governor was indifferent because instead of mitigating the risk of harm caused by the contaminated water, he covered it up. In private, he worried about the need to return Flint to DWSD water and the political implications of the crisis. But in public, he denied all knowledge, despite being aware of the developing crisis. As a result, plaintiffs were lured into a false sense of security. They could have taken protective measures, if only they had known what the Governor knew. Instead, the Governor misled them into assuming that nothing was wrong. Governor Snyder’s administration even encouraged them to continue to drink and bathe in the water.
Subsequently, the Governor continued to show indifference to the risk of harm plaintiffs faced. Even once he acknowledged the crisis, he downplayed the risks that plaintiffs faced. By October 2015, the Governor had publicly admitted that the water was contaminated and Flint had returned to DWSD water. Yet the Governor still waited many months to declare a state of emergency. This was despite local area leaders
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requesting such a declaration as far back as March 2015. Without a state of emergency, plaintiffs were denied valuable resources that could have helped abate the harm that they were still suffering. It is reasonable to infer that the rationale for the delay was in part because the Governor wanted to act as if the issue was resolved. But by downplaying the continuing risk of harm, the Governor undermined efforts to enact protective measures. And as with his initial form of indifference, this led to plaintiffs involuntarily ingesting lead and other contaminants, violating their bodily integrity.
These two ways of showing indifference represent a continuum of actions, more powerful combined than when viewed in isolation. They depict indifference in the form of deception, from the Governor’s unwillingness to admit the crisis, to his downplaying of its severity once it became public knowledge. Viewed as a whole, the allegations plausibly describe “conscience shocking” conduct. Governor Snyder’s actions were deliberately indifference and exhibited a callous disregard for plaintiffs’ right to bodily integrity.8
8 In response, Governor Snyder points out that the new allegations do not indicate that he knew of the risks posed by the Flint River prior to the decision to switch water sources. (Dkt. 654 at 19.) And because, in his view, the right to bodily
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b. Qualified Immunity Although plaintiffs plausibly plead that Governor Snyder violated their right to bodily integrity, qualified immunity shields public officials “from undue interference with their duties and from potentially disabling threats of liability.” Harlow v. Fitzgerald, 457 U.S. 800, 806 (1982). It provides protection to government officials who make reasonable yet mistaken decisions that involve open questions of law. Ashcroft v. alKidd, 563 U.S. 731, 743 (2011). But an official cannot avail herself of qualified immunity if the right violated was “clearly established at the time of the challenged conduct.” Guertin, 912 F.3d at 917 (quoting alKidd, 563 U.S. at 741–42). If controlling caselaw or a body of persuasive authority has put the constitutional question beyond debate, government
integrity only limits the State’s power to take affirmative action, Governor Snyder argues that what he knew after the switch is irrelevant information. (Id. at 20.) Moreover, according to the Governor, the Constitution does not guarantee that the State will remedy local water contamination issues. (Id.)
However, the Governor misunderstands the nature of plaintiffs’ claim. Plaintiffs do not argue that Governor Snyder violated their right to bodily integrity by authorizing the switch to the Flint River. Nor do they assert that Governor Snyder should have remediated a polluted water source. Rather, plaintiffs contend that the Governor was indifferent to their rights by concealing the risk of harm posed by Flint’s contaminated water.
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officials are on notice that their conduct must conform to an established legal standard. Id. at 932.
As the Sixth Circuit recently held, the right to bodily integrity was clearly established at the time of the challenged conduct. Id. at 932–35. “Knowing the Flint River water was unsafe for public use,” failing to take “steps to counter its problems, and assuring the public in the meantime that it was safe” was “‘conduct that would alert a reasonable person to the likelihood of personal liability.” Id. at 933 (quoting Scicluna v. Wells, 345 F.3d 441, 446 (6th Cir. 2003)). In other words, any reasonable official should have known that “contaminat[ing] a community through its public water supply with deliberate indifference is a government invasion of the highest magnitude.” Id. As a result, the Governor is not entitled to qualified immunity.
2. Equal Protection Plaintiffs also seek leave to revise their equal protection claims under § 1983. Plaintiffs’ third amended complaint included two equal protection counts, one alleging discrimination on the basis of race and the other on wealth. (Dkt. 349 at 119, 123.) Under both counts, plaintiffs alleged that defendants Snyder, Dillon, Wright, Walling, Ambrose,
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Kurtz, and Earley developed and executed an interim plan to deliver contaminated water to the predominantly poor African American residents of Flint, while providing the mostly white higher income residents of Genesee County with safe water. (Id. at 120–21, 124–25.)
The fourth amended complaint makes two important changes. First, only those plaintiffs who are African American allege race discrimination. (Dkt. 620-3 at 174, 180.) Second, both counts are broken into three theories of liability: (1) like in the third amended complaint, defendants Snyder, Dillon, Wright, Ambrose, Kurtz, and Earley violated their right to equal protection by providing Flint with contaminated water while supplying the remainder of Genesee County with clean water (id. at 174–76, 181–83);9 (2) Governor Snyder violated their right to equal protection by delaying his decision to declare a state of emergency in Flint while promptly doing so in other emergency situations (id. at 177–78, 183–84); and (3) MDEQ defendants Wyant, Shekter-Smith, Prysby, and Busch violated their right to equal protection by not enforcing certain
9 This theory is identical to that stated in the third amended complaint, with the omission of Dayne Walling as a named defendant. However, the proposed complaint is somewhat inconsistent on this point. Walling is omitted as a named defendant but is still referred to in subsequent allegations. (Dkt. 620-3 at 174–86.) The Court assumes that plaintiffs intended to omit Walling.
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laws and regulations in Flint. (Id.) For the reasons that follow, the fourth amended complaint fails to state an equal protection claim under any of these theories, and so granting leave to amend the complaint to include these claims would be futile.
* “The Equal Protection Clause of the Fourteenth Amendment commands that no state shall ‘deny to any person within its jurisdiction the equal protection of the laws[.]’” City of Cleburne v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985) (citing Plyler v. Doe, 457 U.S. 202, 216 (1982)). Broadly speaking, it requires that state officials treat all persons alike, under like circumstances and like conditions. Cleburne, 473 U.S. at 439; see also Rondigo, L.L.C. v. Twp. of Richmond, 641 F.3d 673, 682 (6th Cir. 2011). When officials treat similar individuals differently, the Equal Protection Clause demands a justification. Engquist v. Or. Dep’t of Agric., 553 U.S. 591, 602 (2008). But because all state action tends to disfavor some more than others, courts take this practical reality into account by evaluating state action under differing levels of scrutiny. See Breck v. Michigan, 203 F.3d 392, 395 (6th Cir. 2000). If official conduct “neither burdens a fundamental right nor targets a suspect class,” courts
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will uphold it “so long as it bears a rational relation to some legitimate end.” Romer v. Evans, 517 U.S. 620, 631 (1996); see also Radvansky v. City of Olmsted Falls, 395 F.3d 291, 312 (6th Cir. 2005) (citing Vacco v. Quill, 521 U.S. 793, 799 (1997)).
a. Wealth-Based Discrimination Plaintiffs fail to state a claim that defendants violated their right to equal protection on the basis of wealth discrimination. A class of less wealthy persons is not a protected class for the purposes of equal protection. Molina-Crespo v. U.S. Merit Sys. Prot. Bd., 547 F.3d 651, 660 (6th Cir. 2008). The challenged conduct will therefore be upheld if it satisfies a rational basis. Romer, 517 U.S. at 631. Under rational basis review, official decisions are afforded a strong presumption of validity. See Walker v. Bain, 257 F.3d 660, 668 (6th Cir. 2001). And even at the motion to dismiss stage, this presents a formidable bar for plaintiffs to surmount. Theile v. Michigan, 891 F.3d 240, 243 (6th Cir. 2018). To plausibly allege that state action fails under rational basis review, plaintiffs must negate “every conceivable basis” which might support the challenged conduct. Davis v. Prison Health Servs., 679 F.3d 433, 438 (6th Cir. 2012). Courts do not consider the wisdom of the
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challenged action. Theile, 891 F.3d at 244 (citing Breck, 203 F.3d at 395). And defendants do not need to offer any justification. Walker, 257 F.3d at 668. It is enough that the reviewing court can fairly conceive of one existing. Id.
As outlined above, plaintiffs’ first theory is that defendants Snyder, Dillon, Wright, Ambrose, Kurtz, and Earley created an interim plan to supply Flint with Flint River water, while continuing to provide the remainder of Genesee County with DWSD water. (Dkt. 620-3 at 181–82.) In plaintiffs’ view, there was no rational basis for this decision. (Id. at 182–83.)
Even assuming that Flint and the remainder of Genesee County were similarly situated for equal protection purposes, there are many rational reasons that could justify providing only Flint with Flint River water. The KWA could not proceed without Flint’s participation. Flint’s participation was contingent on the FWTP’s ability to process the raw water that the KWA pipeline would provide, and upgrading the FWTP would cost millions. One key way defendants could accomplish this was to stop paying for the relatively expensive DWSD water and to start
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taking water from the Flint River. Indeed, even plaintiffs allege that this was a critical part of the interim plan.
In hindsight, this was a terrible decision. It placed financial interests above the health and safety of Flint’s residents. Assuming the allegations are true, defendants harmed plaintiffs in the pursuit of fiscal expedience. But the Court cannot consider the wisdom of the decision. And it does not matter that defendants may have had other options available to them. It only matters that there is a rational basis for the decision. As such, plaintiffs’ first theory fails to state a claim.
Plaintiffs’ second theory fails for a similar reason. They draw a comparison between Flint and other communities with respect to emergencies across the state. Governor Snyder allegedly waited several months to declare a state of emergency in Flint from the date he publicly acknowledged the seriousness of the problem. (Dkt. 620-3 at 102). With other disasters, he typically acted within days. (Id. at 152–53.) Plaintiffs again argue that there was no rational basis for this difference in treatment. (Id. at 183.)
Again, even assuming that Flint and these other disaster-struck communities were similarly situated for equal protection purposes, there
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is a conceivable rational basis for treating them differently. In part,
plaintiffs were harmed by the Governor’s delay in declaring a state of
emergency because it limited their access to state resources to remedy
the problem. It is thus conceivable that the Governor initially decided not
to expend these resources, believing that the Flint Water Crisis could be
addressed without them. In retrospect, this was objectively the wrong
decision. And the Governor undoubtedly was within his authority to
declare a state of emergency at an earlier time. But the Court cannot
inquire further under rational basis review. As a result, plaintiffs’ second
theory also fails to state a claim.
Plaintiffs’ third theory runs into a different problem. Plaintiffs
allege that the MDEQ defendants Wyant, Shekter-Smith, Prysby, and
Busch treated them differently by:
(1) granting a fraudulent [ACO] to allow Flint to borrow funds to participate in the KWA; (2) issuing the [FWTP] a permit pursuant to the Michigan Safe Drinking Water Act without observing the statutorily mandated 45-day notice and comment period; (3) failing to comply with sampling and optimized corrosion control protocols as required under the State and Federal Lead and Copper Rule; and (4) lacking any nondiscrimination policy for more than 30 years and ignoring EPA requirements to update its policy for years.
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(Id. at 183–84.) However, they fail to explain how this treatment differed from that of a similarly situated class of persons.
Class-based discrimination is the essence of an equal protection claim. See Herron v. Harrison, 203 F.3d 410, 417 (6th Cir. 2000) (citing cases). In limited situations, a plaintiff does not need to identify a specific group of persons who were treated differently. For instance, if government conduct was premised on a protected classification such as race or gender, a showing of discriminatory purpose may suffice. See, e.g., Vill. of Arlington Heights v. Metro. Hous. Dev. Corp., 429 U.S. 252, 264– 68 (1977) (explaining that a single act, if motivated by a desire to treat persons differently on the basis of race, can result in a violation of the Equal Protection Clause). However, outside of that narrow range of cases, plaintiffs must plead sufficient facts from which it can be inferred that defendants treated similarly situated individuals differently. Braun v. Ann Arbor Charter Twp., 519 F.3d 564, 574–75 (6th Cir. 2008); see also Klinger v. Dep’t of Corr., 31 F.3d 727, 731 (8th Cir. 1994) (“Absent a threshold showing that she is similarly situated to those who allegedly receive favorable treatment, the plaintiff does not have a viable equal protection claim.”).
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Here, plaintiffs highlight several instances in which defendants failed to enforce either a law or a policy, but the allegations do not explain in anything but conclusory terms how defendants acted differently in other situations. For example, to the extent that defendants failed to observe the statutory forty-five day notice and comment period before issuing the FWTP an operating permit, it may be that they normally dispensed with this requirement. Likewise, although plaintiffs plead that defendants did not comply with state and federal lead and copper testing requirements, the complaint reveals nothing about the possibility that defendants failed to enforce these laws on a statewide basis. Accordingly, plaintiffs’ third and final theory also fails to state a claim.
In some of their briefing, plaintiffs argue that rational basis review should not apply to their wealth-based equal protection claim because the claim should be construed as one involving discrimination implicating the fundamental right to bodily integrity. (Dkt. 379 at 88.) However, plaintiffs have not pleaded the claim this way in the fourth amended complaint. And in fact, plaintiffs do not raise this argument in their most recent briefing. The Court therefore continues to view the claim as one
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involving discrimination on the basis of wealth. For these reasons, leave to amend the complaint to include this claim would be futile.
b. Race-Based Discrimination Plaintiffs also fail to state a claim that defendants violated their right to equal protection on the basis of race discrimination. When state action is premised on a racial classification, courts strictly scrutinize the challenged conduct. Cleburne, 473 U.S. at 440; Mass. Bd. of Ret., 427 U.S. at 312; see also United States v. Carolene Prod. Co., 304 U.S. 144, 152 n.4 (1938) (noting that courts act with greater vigilance when equal protection claims affect the politically powerless). Conduct subject to strict scrutiny is presumptively invalid; only official action that is narrowly tailored to meet a compelling state interest will survive. Lac Vieux Desert Band of Lake Superior Chippewa Indians v. Mich. Gaming Control Bd., 276 F.3d 876, 879 (6th Cir. 2002). Yet “‘proof of . . . discriminatory intent or purpose is required’ to show a violation of the Equal Protection Clause” on the basis of race discrimination. City of Cuyahoga Falls v. Buckeye Cmty. Hope Found., 538 U.S. 188, 194 (2003) (quoting Arlington Heights, 429 U.S. at 265); Washington v. Davis, 426 U.S. 229, 239–41 (1976). If discriminatory
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intent is missing, claims are analyzed under rational basis. See Radvansky, 395 F.3d at 312. And the facts must offer more than “intent as volition or intent as awareness of consequences.” Pers. Adm’r v. Feeney, 442 U.S. 256, 279 (1979). Rather, they must demonstrate that a decisionmaker “selected or reaffirmed a particular course of action at least in part ‘because of,’ not merely ‘in spite of,’ its adverse effects upon a particular racial group.” Id.; Bennett v. City of Eastpointe, 410 F.3d 810, 818 (6th Cir. 2005) (quoting King v. City of Eastpointe, 86 F. App’x 790, 802 (6th Cir. 2003)).
At this stage in the case, plaintiffs need only raise an inference of discriminatory purpose. To do so, they must demonstrate that the application of a facially neutral law or policy had a discriminatory impact, and sufficient evidence exists to suggest an invidious motive. Arlington Heights, 429 U.S. at 265–66; Ne. Ohio Coal. for the Homeless v. Husted, 837 F.3d 612, 636–37 (6th Cir. 2016).10 The challenged conduct does not need to rest “solely on racially discriminatory purposes,” but this must have been a “motivating factor.” Arlington Heights, 429 U.S. at 265.
10 Alternatively, plaintiffs can show that a law or policy explicitly classifies on the basis of race. Hunt v. Cromartie, 526 U.S. 541, 546 (1999). But plaintiffs agree that this case involves a facially neutral policy. (Dkt. 620-1 at 18, 19; Dkt. 663 at 37.)
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And although discriminatory impact is an important starting point, it is rarely enough on its own. Id. Instead, courts must conduct “a sensitive inquiry into such circumstantial and direct evidence of intent as may be available.” Id. at 266. Discriminatory impact alone is only sufficient in the rarest case where “a clear pattern, unexplainable on grounds other than race, emerges from the effect of the state action[.]” Id. at 266 (citations omitted).
Several non-exhaustive factors guide this inquiry: (1) “[t]he historical background of the decision is one evidentiary source, particularly if it reveals a series of official actions taken for invidious purposes,” id. at 267; (2) “the specific sequence of events leading up to the challenged decision . . . may shed . . . light on the decisionmaker’s purposes,” id.; (3) “[d]epartures from the normal procedural sequence . . . particularly if the factors usually considered important by the decisionmaker strongly favor a decision contrary to the one reached,” id.; and (4) “[t]he legislative or administrative history . . . especially where
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there are contemporary statements by members of the decisionmaking body, minutes of its meetings, or reports,” id. at 268.11
As a starting point, plaintiffs plead discriminatory impact for all three theories. Under each theory, they allege that defendants’ conduct negatively impacted Flint. And Flint is majority African American. However, this is not the “rarest case” where the discriminatory impact is so stark as to immediately warrant an inference of discriminatory purpose. See Gomillion v. Lightfoot, 364 U.S. 339 (1960) (invalidating state action where redrawing of city boundaries disenfranchised all but four or five of the municipality’s 400 African American voters); Yick Wo v. Hopkins, 118 U.S. 356 (1886) (finding a violation of equal protection where an ordinance was exclusively applied against Chinese-owned laundries). After all, Flint is 40.4% white. (Dkt. 620-3 at 128.)
Plaintiffs also point to the historical background for all three theories. They identify a long history of race discrimination and segregation and argue that this should factor into the Court’s analysis.
11 The Sixth Circuit has repeatedly relied on the Arlington Heights factors when addressing equal protection claims involving facially neutral laws or policies. E.g., Ne. Ohio Coal. for the Homeless, 837 F.3d at 636–37 (6th Cir. 2016); Smith & Lee Assocs., Inc. v. City of Taylor, 102 F.3d 781, 790–91 (6th Cir. 1996).
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(Dkt. 620-1 at 18.) But plaintiffs do not connect Flint’s history of systemic racism to defendants’ conduct. They imply that the legacy effects of historical racism should be imputed to defendants because they were state actors carrying out official business. But this alone is not enough to warrant an inference of discriminatory purpose. It will be considered with the other evidence.
Plaintiffs’ first theory, the decision to switch Flint’s water supply to the Flint River while providing DWSD water to the remainder of Genesee County, lacks sufficient facts to warrant an inference of discriminatory purpose. Little about the sequence of events indicates that a racial bias was driving defendants. In the months leading up to the switch, cost studies suggested that DWSD water was the more economic mid-term option. But the KWA would only be viable if the Flint River was used as an interim water source. And defendants were concerned that DWSD water would become increasingly expensive.
Likewise, defendants’ contemporary statements do not change the outcome. Defendant Wright expressed the view that DWSD is a corrupt
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entity.12 But this does not indicate racial animus and the fourth amended complaint offers nothing further. Therefore, when all the facts are taken into consideration, the allegations fail to show that race motivated defendants’ decision. At most they show that defendants acted in spite of the risk of harm that plaintiffs faced, not that they were driven by it. Plaintiffs’ first theory thus fails to state a claim.
With their second theory that the Governor treated the emergency situation in Flint differently, plaintiffs also fail to allege sufficient facts to warrant an inference of discriminatory purpose. Governor Snyder allegedly knew that Flint’s water supply was contaminated months before publicly acknowledging it, but he did not alert the public until October 2015, when it was impossible to deny. The Governor also took many months more to declare a state of emergency. And presumably the conditions that gave rise to the eventual emergency declaration existed the whole time. Similarly, a departure from past practice works in
12 In fact, DWSD was at the center of highly publicized public corruption charges. In March of 2013, former Mayor of Detroit, Kwame Kilpatrick was found guilty of twenty-four of thirty counts brought against him, including conspiracy charges related to the DWSD. United States v. Kilpatrick, et al,No. 10-cr-20403). Former DWSD Director Victor Mercado had previously pled guilty in November of 2012.
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plaintiffs’ favor. Governor Snyder’s conduct in Flint differed from that in some majority white communities, where he promptly issued states of emergency.
Nonetheless, these facts taken as a whole do not support an inference of discriminatory intent. The comparative states of emergency identified in the fourth amended complaint involved drastically different situations, such as several wildfires and floods, meaning plaintiffs’ comparison is less apples-to-apples than it initially appears. And in the one instance where plaintiffs cite to an emergency involving water contamination, they identify an incident that occurred several years after the facts pertinent to this present case. Accordingly, it is hard to know whether the Governor’s prompt response was a reaction to the criticism about his handling of Flint, rather than evidence of a desire to harm African Americans. Moreover, plaintiffs do not point to a clear pattern of discrimination where Governor Snyder consistently delayed declaring states of emergency in mostly African American areas. In fact, a close inspection of the analogous emergencies suggests the opposite was almost true. During a flood in Wayne County, which is 45.4% non-white,
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the Governor declared an emergency within two days. (Dkt. 620-3 at 152.)13 The departure from practice is less salient.
Plaintiffs point to no other facts sufficient to support a finding of discriminatory purpose. During the crisis, a senior member of the Governor’s administration dismissed complaints from Flint activists as the product of “old time negative racial experiences.” (Id. at 161.) But even if the same thoughts are attributed to Governor Snyder, it only shows that he acted in spite of the fact that Flint was majority African American, not because of this fact. When the allegations are collectively considered, they do not warrant an inference of invidious intent. And as such, plaintiffs’ second theory fails to state a claim.
Finally, plaintiffs’ third theory that the MDEQ defendants failed to enforce certain laws and policies also fails to allege sufficient facts to warrant an inference of discriminatory purpose. As discussed above, plaintiffs generally point to Flint’s history of racial discrimination, and this alone is insufficient to show invidious intent. However, here,
13 Plaintiffs detail the Governor’s response to emergencies in majority white communities. (Dkt. 620-3 at 152–53.) However, this only tells half the story. Without knowing how the Governor reacted to emergencies in majority African American communities, it is difficult to assess his motive in Flint. The flood in Wayne County is the closest non majority white jurisdiction that plaintiffs provide.
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plaintiffs also note that the EPA had concluded earlier that the MDEQ had discriminated against Flint’s African Americans when issuing an operating permit for a local power station. In particular, the EPA found that the MDEQ did not have a sufficient non-discrimination policy in place. And this lack of policy persisted during the Flint Water Crisis. As recently as 2017, the EPA was still raising concerns that the MDEQ did not take its non-discrimination obligations seriously.
However, the MDEQ’s failure to develop a sufficient nondiscrimination policy does not demonstrate discriminatory intent. Plaintiffs do not allege that Shekter-Smith, Prysby, and Busch were responsible for the MDEQ’s internal policies. Nor is there any sign that they obstructed or otherwise hindered the development of other procedural safeguards. Defendant Wyant, as MDEQ director, was presumably ultimately responsible for the non-discrimination policy, but plaintiffs do not plead facts that suggest his failure to develop such a policy was motivated by a nefarious purpose.
Neither the specific sequence of events nor any departure from standard procedures suggest a race-based motive. Defendants ShekterSmith and Busch were allegedly involved in helping Flint secure a
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fraudulent ACO. Yet there is no suggestion that a desire to harm African Americans motivated their conduct. The same is true of the decision to grant the FWTP an operating permit without sufficient public participation, and the MDEQ’s failure to enforce lead and copper testing requirements. The allegations do not provide any way to link these decisions to a discriminatory intent. Plaintiffs allege that these types of nonconformities with law and policy never occurred in majority white communities, but these are conclusory accusations. These defendants also made no contemporary statements indicating that race motivated their actions. And there is nothing else to connect their conduct to a discriminatory purpose. As such, when the facts are considered together, plaintiffs’ third theory fails to state a claim.
* Plaintiffs’ equal protection allegations fail to state a claim upon which relief can be granted. The wealth-based claim fails on grounds that rational justifications conceivably exist that explain the challenged conduct. And the race-based claim fails because plaintiffs plead insufficient facts to infer that a discriminatory purpose motivated defendants’ decisions. That is not to say that race and poverty did not
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play a role in the Flint Water Crisis. As plaintiffs explain, multiple sources indicate that historical patterns of discrimination created the conditions for what happened. But under current caselaw, the Equal Protection Clause does not provide redress for the harms as alleged. Granting plaintiffs’ leave to amend the complaint to include them would be futile.
3. Elliott Larsen Civil Rights Act Plaintiffs next seek to revise their claim under Article 3 of Michigan’s Elliott Larsen Civil Rights Act (ELCRA), which addresses discrimination in public services and accommodations. Mich. Comp. Laws §§ 37.2301–37.2304 (2017). Plaintiffs’ ELCRA allegations mirror their equal protection claims. Only the African American plaintiffs bring the claim on behalf of an African American class. (Dkt. 620-3 at 190.) And plaintiffs advance similar theories of liability: that (1) defendants Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, and the City of Flint provided Flint’s predominantly African American residents with inferior water when compared to the mostly white residents of Genesee County (id. at 192–93); (2) Governor Snyder failed to promptly declare a state of emergency in Flint compared to other emergencies in predominantly
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white communities, (id. at 193–94); and (3) the MDEQ defendants Wyant, Shekter-Smith, Prysby, and Busch failed to enforce certain laws and regulations. (Id. at 194–95.) For the following reasons, plaintiffs’ ELCRA claim could not withstand a motion to dismiss if leave to amend were granted, and so granting leave would be futile.
* The ELCRA “is aimed at ‘the prejudices and biases’ borne against persons because of their membership in a certain class, and seeks to eliminate the effects of offensive or demeaning stereotypes, prejudices, and biases.” Radtke v. Everett, 442 Mich. 368, 379 (1993) (quoting Miller v. C.A. Muer Corp., 420 Mich. 355, 363 (1984)). To state a claim under Article 3, plaintiffs must allege: “(1) discrimination based on a protected characteristic (2) by a person, (3) resulting in denial of the full and equal enjoyment of [a public service].” See Haynes v. Neshewat, 477 Mich. 29, 35 (2007); Clarke v. K Mart Corp., 197 Mich. App. 541, 545 (1992). The ELCRA defines public service as “a public facility . . . owned, operated, or managed by or on behalf of . . . a political subdivision . . . established to provide service to the public.” § 37.2301. For the purposes of this analysis,
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the Court assumes that Flint’s municipal water supply is a public service under the ELCRA.
The public service provision of the ELCRA uses the same framework to establish discrimination as that used generally under other provisions of the ELCRA. See Schellenberg v. Rochester Mich. Lodge No. 2225 of the Benev. & Prot. Order of Elks, 228 Mich. App. 20, 32 (1998); Clarke, 197 Mich. App. at 545. Plaintiffs must show either intentional discrimination directly or raise an inference of discrimination based on a disparate treatment theory. Hazle v. Ford Motor Co., 464 Mich. 456, 462– 63 (2001); Clarke, 197 Mich. App. at 545. In a case like this involving allegations of race-based discrimination, plaintiffs can plead intentional discrimination by pointing to direct evidence that defendants were predisposed to discriminate against African Americans, and that they acted on that pre-disposition. See Reisman v. Regents of Wayne State Univ., 188 Mich. App. 526, 538 (1991). Direct evidence is “evidence which, if believed, requires the conclusion that unlawful discrimination was at least a motivating factor in [defendants’] actions.” Hazle, 464 Mich. at 462 (quoting Jacklyn v. Schering-Plough Healthcare Prods. Sales Corp., 176 F.3d 921, 926 (6th Cir. 1999)). Alternatively, plaintiffs can raise an
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inference of discrimination by pleading that defendants treated them differently from non-protected individuals under the same or similar circumstances. See Reisman, 188 Mich. App. at 538 (citing Singal v. Gen. Motors Corp., 179 Mich. App. 497, 502–03 (1989)); Schellenberg, 228 Mich. App. at 33. But here, they must also point to sufficient indirect evidence from which it can be inferred that race was a motivating factor, even if not “the sole factor.” See Reisman, 188 Mich. App. at 539; see also Mich. M Civ JI 108.04 (2018) (identifying intentional discrimination as an element in an Article 3 ECLRA claim).
It is unclear whether plaintiffs are relying on direct evidence or evidence of disparate treatment to prove this claim. Plaintiffs do not offer direct evidence to show defendants were predisposed to discriminate on the basis of race, nor that they acted on that predisposition. However, they have pleaded facts consistent with a disparate treatment theory and so the Court proceeds on this basis.
Under a disparate treatment approach, plaintiffs fail to plead sufficient facts to raise an inference of racial discrimination. This is for the same reasons as set forth above with respect to plaintiffs’ equal protection claims. See supra Section II.d.ii.2.b. Plaintiffs have not
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explained why their ELCRA claim should be evaluated under a different standard. Therefore, plaintiffs’ ELCRA claim could not survive a motion to dismiss, and so granting leave to amend the complaint to include it would be futile.
4. Conspiracy Plaintiffs next seek leave to amend their conspiracy claim under § 1985(3). (Dkt. 620-3 at 186–90.) This claim is also only brought by the African American plaintiffs on behalf of an African American class. (Id. at 186.) Plaintiffs argue that defendants Snyder, Dillon, Wright, Ambrose, Kurtz, and Earley conspired to expose them to contaminated water from the Flint River (id. at 186–87),14 and the means by which they did this is familiar: defendants developed an interim plan to provide safe water to the predominately white population of Genesee County while supplying unsafe water to Flint residents. (Id. at 187–88.) In plaintiffs’ view, there was no rational reason to treat these two groups differently. (Id. at 188.) Defendants’ conduct was based on invidious discrimination,
14 As with the proposed equal protection and ELCRA claims, plaintiffs inconsistently name defendants in the Count. The conspiracy Count lists the defendants mentioned here, but subsequent briefing includes additional individuals.
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akin to imposing a badge, vestige, or symbol of slavery, as prohibited by the Thirteenth Amendment. (Id. at 188–89.)15
In the context of § 1985(3), plaintiffs shoulder a heavy pleading burden. “Conspiracy claims must be pled with some degree of specificity[.]” Gutierrez v. Lynch, 826 F.2d 1534, 1538–39 (6th Cir. 1987). “[V]ague and conclusory allegations unsupported by material facts will not be sufficient to state such a claim[.]” Id. To state a claim under § 1985(3), plaintiffs must plead facts consistent with (1) a conspiracy between two or more persons, (2) conceived for the purpose of depriving a person or class of people of the equal protection of the laws, (3) an act committed in furtherance of the conspiracy, and (4) that a person was either injured in his or her person or property, or deprived of a right guaranteed by the Constitution. Peters v. Fair, 427 F.3d 1035, 1038 (6th Cir. 2005) (citing Johnson v. Hills & Dales Gen. Hosp., 40 F.3d 837, 839
15 There are two ways to construe plaintiffs’ § 1985(3) argument. First, it could be understood as stating a claim based on the theory that defendants’ actions burdened plaintiffs’ rights under the Thirteenth Amendment, denying them equal protection of the laws. Or it could be read as articulating a violation of the Equal Protection Clause on the basis of racial discrimination, where defendants acted with racial animus similar to a badge of slavery. Because in plaintiffs’ briefing they argue in support of the latter interpretation, the Court will analyze the claim under that theory.
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(6th Cir. 1994)).16 In so doing, plaintiffs must demonstrate that the conspiracy was motivated by racial or other constitutionally suspect class-based animus. Bartell v. Lohiser, 215 F.3d 550, 559–60 (6th Cir. 2000) (citing United Bhd. of Carpenters & Joiners of Am. v. Scott, 463 U.S. 825, 829 (1983)).
Pleading invidious class-based animus is important. Section 1985(3) is not a “general federal tort law,” providing a federal cause of action for every assault and battery. Bray v. Alexandria Women’s Health Clinic, 506 U.S. 263, 299 (1993) (citing Griffin v. Breckenridge, 403 U.S. 88, 102 (1971)). The intent requirement ensures that only those conspiracies that “aim at a deprivation of the equal enjoyment of rights secured by the law to all” are actionable under the statute. Griffin, 403 U.S. at 102.
Plaintiffs fail to plausibly allege that defendants were motivated by racial or any other invidious class-based animus. Plaintiffs possibly show
16 In pertinent part, § 1985(3) states: “If two or more persons . . . conspire . . . for the purpose of depriving, either directly or indirectly, any person or class of persons of the equal protection of the laws . . . [and] do, or cause to be done, any act in furtherance of the object of such conspiracy, whereby another is injured in his person or property . . . the party so injured or deprived may have an action for the recovery of damages occasioned by such injury or deprivation, against any one or more of the conspirators.”
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that the impact of historical race discrimination played a role in the Flint Water Crisis, but not that it was a motivating factor. For example, plaintiffs repeatedly assert that the interim plan provided safe water to predominantly white Genesee County residents and unsafe water to the mostly African American Flint residents. But this only demonstrates a disparate impact resulting from defendants’ decisions. It does not show that they were motivated by the kind of discriminatory animus necessary to state a § 1985(3) claim. Similarly, plaintiffs contend that early complaints from Flint residents would have been taken into account faster had they been affluent and predominantly white. This allegation suffers from the same flaw.
Many of the facts contained in the fourth amended complaint set forth the historic impact of racism in Flint, but not specific instances of racially motivated conduct by the defendants. This history is important to understanding patterns of segregation, poverty, and other conditions that may have left plaintiffs vulnerable to the Flint Water Crisis. Yet such theories do not show invidious class-based animus by the named defendants.
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Plaintiffs raise many serious and challenging issues, but they fail to plausibly allege that race discrimination animated defendants’ conduct. This is especially so considering the heightened pleading standard. Therefore, their revised § 1985(3) claim could not withstand a motion to dismiss. As such, granting leave to amend the complaint to include it would be futile.
5. Gross Negligence Finally, plaintiffs seek leave to add a gross negligence claim against defendants Snyder, Dillon, Lyon, Shekter-Smith, Rosenthal, Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley, Ambrose, Croft, Johnson, and Glasgow. (Dkt. 620-3 at 217.) Plaintiffs allege that these government defendants owed them a duty not to conduct their official responsibilities recklessly (id.), but that they did so by playing a role in Flint’s transition to the Flint River and downplaying the resulting harm. (Id. at 217–18.) Plaintiffs argue that defendants’ conduct was grossly negligent and caused their injuries, and that defendants are not entitled to immunity under Michigan’s Government Tort Liability Act (GTLA), Mich. Comp. Laws. § 691.1401–1419 (2014). (Dkt. 620-3 at 218.) However, this claim
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also could not withstand a motion to dismiss and amending the complaint to include it would be futile.
* Defendants are immune from tort liability. The GTLA premises immunity on various theories. Pertinently, “the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her . . . executive authority.” § 691.1407(5). Under this theory, defendants Snyder, Dillon, and Lyon are absolutely immune. See Guertin, 2017 U.S. Dist. LEXIS 85544, at *77– 78. The same is true of defendants Kurtz, Earley, Ambrose, and Croft, and defendants Shekter-Smith and Wurfel. See id. This leaves the remaining defendants, lower-level government employees. Lower-level employees are “immune from tort liability for an injury to a person or damage to property caused by the . . . employee . . . while in the course of employment” if the employee is “acting or reasonably believes he or she is acting within the scope of his or her authority,” unless the employees’ conduct amounts to “gross negligence that is the proximate cause of the injury or damage.” § 691.1407(2)(a)–
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(c). To identify whether a lower-level employee was the proximate cause of an injury, courts must first evaluate “the conduct and any legal responsibility” of the various parties to an accident, Ray v. Swager, 501 Mich. 52, 74 (2017), where legal responsibility is assessed by determining whether the accident was a foreseeable consequence of an individual’s actions, see id. at 69. And second, courts must jointly consider the actions of those legally responsible to determine whose conduct was the “one most immediate, efficient, and direct cause” of any injury. Id. at 83 (quoting Robinson v. City of Detroit, 462 Mich. 439, 462 (2000)). If the answer is anyone but the employee, the employee can claim immunity.
Plaintiffs do not address Ray’s causation requirement. The fourth amended complaint states that defendants’ conduct was a direct and proximate cause of plaintiffs’ injuries, but fails to explain, first, why they were legally responsible for this harm in anything but conclusory terms, and second, why such conduct was the “one most immediate, efficient, and direct cause” preceding plaintiffs’ injuries. Instead, plaintiffs argue that they need only demonstrate that “it was foreseeable that the defendant’s conduct could result in harm to the victim.” (Dkt. 620-1 at 22 (quoting Ray, 501 Mich. at 65).) But this is a misinterpretation of Ray, a
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case this Court is bound to follow. And because plaintiffs ask the Court to do something it cannot, amending the fourth amended complaint to include this claim would be futile.
Plaintiffs raise several counter arguments, but none are persuasive. First, plaintiffs argue that defendants were not acting within the scope of their authority, and, as such, they cannot claim immunity. (Dkt. 663 at 50–52.) For instance, plaintiffs contend that Governor Snyder did not have the power to discriminate against African American communities in his handling of emergencies. (Id. at 51.) Similarly, plaintiffs argue that Lyon and Wurfel did not have the authority to downplay the risks of harm posed by the contaminated water. (Id. at 52.) But these arguments are circular. Under plaintiffs’ view, tortious conduct is sufficient to deprive a government defendant of immunity because tortious conduct is not within the defendant’s scope of authority. This is not how the GTLA functions.
Second, plaintiffs claim that even if their interpretation of caselaw is wrong, they have adequately pleaded that defendants were the “most immediate, efficient, and direct cause” of plaintiffs’ injuries, because each defendants’ conduct served as “the proximate cause” for some discrete
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harm that, taken in the aggregate, forms a piece of the Flint Water Crisis. (Id. at 54–55.) For example, defendant Busch falsely informed an EPA official that Flint was using corrosion control, which proximately caused the State to slowly address the dangers of lead in the water. (Id. at 55.) However, the focus is on the injury claimed. See Robinson, 462 Mich. at 462. In other words, it is not enough that plaintiffs are able to point to some cause and effect relationship within the Flint Water Crisis. They must demonstrate how a defendant’s action was the “one most immediate, efficient, and direct cause” of their injuries. For this reason, this argument also fails.
The sheer size and scale of the Flint Water Crisis makes it difficult for plaintiffs—or anyone—to identify any defendant most legally responsible for the resulting injuries. As such, “the more governmental actors that are involved in causing a massive tort in Michigan, the less likely it is that state tort claims can proceed against the individual government actors[.]” Guertin, 2017 U.S. Dist. LEXIS 85544, at *81. Ultimately, the Court is required to apply the GTLA as interpreted by the Michigan Supreme Court. It would therefore be futile to amend the complaint to include plaintiffs’ gross negligence claim.
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6. Res Judicata and Statute of Limitations Defendants Wyant and Wurfel argue that the doctrine of res judicata or, alternatively, the relevant statutes of limitations prohibit plaintiffs from amending the complaint. (Dkt. 653 at 29–34; Dkt. 657 at 26–28.) Because the Court found plaintiffs’ amended claims with respect to defendants Wyant and Wurfel futile, these issues need not be addressed.
e. Conclusion Plaintiffs’ motion for leave to amend the complaint regarding the bodily integrity claim against Governor Snyder is granted, and plaintiffs’ motion regarding the remaining claims is denied. Furthermore, the Court finds no reason to deny leave to amend to include the fourth amended complaint’s new factual allegations, including the proposed class definitions, the certification of which will be addressed at a later date. Plaintiffs’ motion as it relates to these facts is therefore also granted. These conclusions will again be summarized at the end of Part III, infra.
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III. Motions to Dismiss

As previously stated in Part I, supra, the Court adopts the fourth

amended complaint as the operative complaint for the purpose of

adjudicating defendants’ motions to dismiss. If the Court denied leave to

amend the complaint to include a particular claim in Part II, that claim

will be dismissed with no further discussion.

a. Background

The facts, parties, and proposed classes remain unchanged from

those set forth above in Part II. The fourth amended complaint contains

the following counts:

Count I
II-III
IV
V
VI VII-VIII
IX X XI

Claim § 1983 Bodily Integrity
§ 1983 - Equal Protection
§ 1985(3) - Conspiracy
ELCRA
Monell Liability Professional Negligence § 1983 – State-Created
Danger Fraud Negligent Infliction of Emotional Distress

Defendants All government defendants Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, Wyant, ShekterSmith, Prysby, and Busch Snyder, Dillon, Wright, Ambrose,
Kurtz, and Earley Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, The City of Flint, Wyant, Shekter-Smith, Prysby,
and Busch The City of Flint LAN and Veolia
All government defendants
Veolia
LAN and Veolia

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XII XIII-XIV

Negligence Gross Negligence

LAN and Veolia
LAN, Veolia, Snyder, Dillon, Lyon, Shekter-Smith, Rosenthal,
Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley, Ambrose,
Croft, Johnson, and Glasgow.

b. Standard of Review

A motion to dismiss pursuant to Federal Rule of Civil Procedure

12(b)(1) challenges the Court’s subject matter jurisdiction. When ruling

on a Rule 12(b)(1) motion “the court must take the material allegations

of the [complaint] as true and construed in the light most favorable to the

nonmoving party.” United States v. Ritchie, 15 F.3d 592, 598 (6th Cir.

1994). Plaintiffs need only show “that the complaint alleges a claim under

federal law, and that the claim is substantial.” Musson Theatrical, Inc. v.

Fed. Express Corp., 89 F.3d 1244, 1248 (6th Cir. 1996) (citing Transcon.

Leasing, Inc. v. Mich. Nat’l Bank, 738 F.2d 163, 166 (6th Cir.1984)). This

is a relatively light burden. Id. “Dismissal for lack of subject-matter

jurisdiction . . . is proper only when the claim is ‘so insubstantial,

implausible, foreclosed by prior decisions of [the Supreme Court], or

otherwise completely devoid of merit as not to involve a federal

controversy.’” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89

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(1998) (quoting Oneida Indian Nation of N.Y. v. Cty. of Oneida, 414 U.S. 661, 666 (1974)).
A motion that challenges the legal sufficiency of a complaint is instead properly brought under Federal Rule of Civil Procedure 12(b)(6). See supra Section II.b (setting forth the motion to dismiss standard).
c. Threshold Issues i. Sovereign Immunity
The state and city defendants argue that sovereign immunity deprives the Court of subject matter jurisdiction to adjudicate certain claims. They therefore move to dismiss under Rule 12(b)(1). The Court grants the state defendants’ motion in part as it relates to the State of Michigan, but denies the motions in all other respects.
First, the state defendants argue that sovereign immunity bars plaintiffs’ claims against the State of Michigan and their claim for injunctive relief against the Governor in his official capacity. (Dkt. 279 at 29–32; Dkt. 739 at 16–18.) The state defendants are correct that sovereign immunity bars claims against the State of Michigan. Boler v. Earley, 865 F.3d 391, 413 (6th Cir. 2017). But for the following reasons,
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the Court has subject matter jurisdiction over claims against Governor Snyder in his official capacity.
In Boler, the Sixth Circuit explained that there are three exceptions to sovereign immunity, the relevant one here being “when the doctrine set forth in Ex Parte Young applies.”17 865 F.3d at 410 (citations omitted). “Ex Parte Young allows plaintiffs to bring claims for prospective [injunctive] relief against state officials sued in their official capacity to prevent future federal constitutional or statutory violations.” Id. at 412. In this case, plaintiffs only seek injunctive relief against Governor Snyder in his official capacity.
Boler is a Sixth Circuit decision that forms part of the Flint Water Cases litigation. It held that the Ex Parte Young exception applied to the injunctive relief sought by the plaintiffs against Governor Snyder in his official capacity. There, the plaintiffs sought an “injunctive order to remediate the harm caused by Defendants’ unconstitutional conduct including, but not limited to: repairs of private property and
17 Another exception is “when the state has waived immunity by consenting to the suit.” Boler, 865 F.3d at 410. However, this exception is not at issue here. Although the State of Michigan has participated in the proceedings to some extent, it has carefully and consistently appeared reluctantly, and without waiving immunity.
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establishment of medical monitoring to provide healthcare and other appropriate services to Class members for a period of time deemed appropriate by the Court.” Id. at 413. (quotations omitted). They also requested a “monitor who will assist in the development of remedial plans including, but not limited to: early education, education intervention programs, [and] criminal and juvenile justice evaluations.” Id. (quotations omitted).
Here, plaintiffs similarly seek an order “to remediate the harm caused by the Government Defendants’ unconstitutional conduct.” (Dkt. 620-3 at 219.) And this includes the exact same relief as that set forth in Boler. Boler therefore controls and requires the same outcome. The claim for injunctive relief against Governor Snyder in his official capacity may go forward.
Second, the city defendants argue that sovereign immunity deprives the Court of jurisdiction to adjudicate plaintiffs’ claims against the City of Flint because it was an arm of the State in the period leading up to and including the Flint Water Crisis. (Dkt. 276 at 43–55.) According to the city defendants, Flint is therefore entitled to the same cloak of sovereign immunity as that afforded the State. (Id.) However, the Sixth
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Circuit recently rejected this argument in Guertin v. Michigan, 912 F.3d 907, 941 (6th Cir. 2019). This argument is therefore denied.
In sum, although immunity with regards to the State of Michigan is granted, it is denied as to Governor Snyder in his official capacity and the City of Flint. The Court has subject matter jurisdiction to adjudicate claims against these latter defendants.
ii. Absolute Immunity Defendants Wyant and Wurfel claim absolute immunity from plaintiffs’ lawsuit. They rely on the immunity awarded to federal officials carrying out discretionary prosecutorial actions, arguing that they were functionally acting as federal officials despite working for a state agency. (Dkt. 281 at 38–40; Dkt. 282 at 33–34.) However, the Sixth Circuit rejected this argument in Mays v. City of Flint, 871 F.3d 437, 444–47 (6th Cir. 2017), cert. denied, 138 S. Ct. 1557 (2018). Moreover, defendants do not explain how their claim of immunity interacts with plaintiffs’ allegations against them, instead speculating that absolute immunity would apply if “[p]laintiffs’ claims . . . ultimately prove to be an alleged failure . . . to sufficiently enforce the [Safe Drinking Water Act] and/or
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initiate enforcement proceedings against Flint.” (Dkt. 281 at 39; Dkt. 282 at 34.) For both reasons, defendants’ claims are denied.
iii. Preemption Several defendants argue that plaintiffs’ § 1983 claims are preempted by the Safe Drinking Water Act, 42 U.S.C. § 300f–300j (2016). But this Court and the Sixth Circuit has rejected this argument. Boler, 865 F.3d at 409.
d. Main Analysis i. Federal Claims 1. Bodily Integrity
In Count I, plaintiffs allege that the government defendants violated their substantive due process right to bodily integrity under the Fourteenth Amendment. (Dkt. 620-3 at 172.) According to plaintiffs, they did this by acting with deliberate indifference to the risk of harm plaintiffs faced, creating and perpetuating their exposure to contaminated water. (Id. at 172–73.) Defendants move to dismiss. (Dkt. 294 at 3–10; Dkt. 282 at 17–23; Dkt. 281 at 17–28; Dkt. 279 at 37–43; Dkt. 277 at 18–22; Dkt. 276 at 20–23; Dkt. 273 at 32–42.)
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As set forth earlier in this opinion, plaintiffs unknowingly drank
and bathed in contaminated water, encroaching upon their right to bodily
integrity. See supra Section II.d.ii.1. Therefore, to state a bodily integrity
claim, plaintiffs must demonstrate that (1) the government defendants
knew of facts from which they could infer a substantial risk of serious
harm, (2) they did infer it, and (3) they nonetheless acted with
indifference, demonstrating a callous disregard towards the rights of
those affected. See supra Section II.d.ii.1.a.
The Court will address the allegations against each group of
government defendants in turn. Because the right to bodily integrity is
clearly established, defendants cannot rely on qualified immunity if
plaintiffs state a valid claim against them. See supra Section II.d.ii.1.b.
a. Property Owners
In its August 1, 2018 opinion and order, the Court stated that:
Numerous plaintiffs in this matter are not individuals, but instead businesses. Bodily integrity claims are premised on “the right of every individual to the possession and control of his own person, free from all restraint or interference of others, unless by clear and unquestionable authority of law.” The Court can find no case that extends the fundamental right of bodily integrity to a business or business relationship, or to the property owned or used in a business’s operations.
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329 F. Supp. 3d at 395 (citations omitted). For the same reason, plaintiffs Frances Gilcreast, Epco Sales, LLC, and Angelo’s Coney Island Palace, Inc. fail to state a bodily integrity claim.
b. State Defendants The remaining plaintiffs allege that defendants Governor Snyder, Andrew Dillon, Nick Lyon, and Nancy Peeler violated their right to bodily integrity. For the following reasons, plaintiffs state a claim against defendants Governor Snyder and Dillon, but not against Lyon or Peeler.
* Plaintiffs state a bodily integrity claim against Dillon. He allegedly knew that the Flint River had been rejected as a water source as recently as 2011, and that the FWTP would require substantial improvements to safely process the river’s water. From this, it is reasonable to believe that Dillon was aware of the risks associated with using the Flint River as a water source. Yet despite this knowledge, Dillon helped to develop an interim plan that saw Flint transition to the Flint River. And importantly, he rejected a final bid from DWSD that could have obviated the need to use water from the Flint River until the FWTP had the capacity to treat it safely. This demonstrated an indifference to the risk
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of serious harm plaintiffs faced, made all the more inexplicable given that he knew DWSD presented the most cost effective mid-term option.18
Conversely, plaintiffs do not state a bodily integrity claim against Lyon. It is reasonable to conclude that Lyon was aware of the risk of harm plaintiffs faced. As the crisis unfolded, he received materials showing an outbreak of Legionnaires’ disease in Flint. He also received emails from senior government officials raising concerns about possible lead contamination in Flint’s water. Moreover, he was surely aware that these incidents coincided with the transition to the Flint River. However, plaintiffs fail to show how Lyon was deliberately indifferent. It is true that he did not make the information he received public, nor did he alert other government departments. But he directed his team to investigate the reports and emails, which shows his concern. And plaintiffs do not plead that Lyon attempted to cover up what was happening. Therefore,
18 In his motion to reconsider the now vacated August 1, 2018 opinion and order, Dillon argued that he resigned his position as State Treasurer in 2013, before Flint transitioned to the Flint River in early 2014. In his view, he therefore lacked authority over the Flint water system and could not have caused the harm that resulted. (Dkt. 561 at 16–17.) If true, the Court concedes that plaintiffs’ claim against Dillon may ultimately fail. However, plaintiffs dispute whether he truly left the State’s employment. (Dkt. 601 at 9–12.) Discovery will resolve this disagreement. For now, the Court must read the allegations in a light favorable to plaintiffs.
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without more, the claim against Lyon does not rise to the level of deliberate indifference.19
Finally, plaintiffs’ claim against Governor Snyder is successful for the reasons set forth in Section II.d.ii.1. On the other hand, plaintiffs’ claim against Peeler fails because the complaint contains no factual allegations against her.
c. MDEQ Defendants Plaintiffs next allege that defendants Bradley Wurfel, Daniel Wyant, Liane Shekter-Smith, Adam Rosenthal, Stephen Busch, Patrick Cook, and Michael Prysby violated their right to bodily integrity. For the following reasons, plaintiffs state a bodily integrity claim against Wurfel, Shekter-Smith, Rosenthal, Busch, Cook, and Prysby. They do not state a claim against Wyant.
19 In its vacated August 1, 2018 opinion and order, the Court denied defendant Lyon’s motion to dismiss this count. 329 F. Supp. 3d at 403–04. In supplemental briefing, the state defendants argue that the Sixth Circuit’s decision in Guertin precludes the same result here. (Dkt. 739 at 15–16.) The Court agrees, as now reflected in this decision. Plaintiffs argue that the factual allegations against Lyon in this case are more substantial than in Guertin, but they are not so substantial as to warrant a different outcome.
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* Plaintiffs state a bodily integrity claim against Wurfel. He knew of ample facts from which to infer that plaintiffs were facing a substantial risk of harm, and it is reasonable to conclude that he did infer it. For example, Wurfel knew about the outbreak of Legionnaires’ disease. And he was also well aware that something was wrong with Flint’s water. Moreover, plaintiffs demonstrate that Wurfel acted with deliberate indifference. On several occasions as the crisis unfolded, he publicly denied that there was a problem with Flint’s water. He appeared on radio and television to advise listeners that the water was safe to consume and bathe in, and he discredited others who suggested that lead was leaching into Flint’s water. Such indifference showed a callous disregard for plaintiffs’ right to bodily integrity. Plaintiffs also state a claim against Shekter-Smith, Rosenthal, Busch, Cook, and Prysby. It is reasonable to assume that they were aware of the substantial risk of harm plaintiffs faced. Before Flint’s transition to the Flint River, Shekter-Smith and Busch knew of the risks associated with the Flint River. In addition, Busch, Rosenthal, and Prysby recognized that the FWTP was not ready to begin operations.
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After the transition, Rosenthal learned that the FWTP was not practicing corrosion control, and he and Shekter-Smith both knew that no legitimate lead and copper testing was occurring. Moreover, Busch, Shekter-Smith, and Prysby also knew that the transition had created the conditions for legionella bacteria to flourish. Not to mention the fact that the EPA and civic leaders were raising concerns about the quality of Flint’s water.
Yet despite knowing of these serious risks, these defendants were indifferent to them. Shekter-Smith ensured that Flint received the ACO that allowed it to transition to the Flint River; Cook signed the final permit necessary for the FWTP to begin operations; and Busch resolved the regulatory hurdles associated with Flint’s use of the Flint River. Furthermore, these defendants took steps to deceive Flint’s residents into continuing to drink and bathe in the contaminated water. Busch and Cook misled the EPA by falsely suggesting that the proper corrosion control was in use at the FWTP;20 and Busch, Rosenthal, and Prysby
20 Defendant Cook argues that he never misled the EPA. (Dkt. 735 at 24.) According to Cook, he informed the EPA that there was no corrosion control as soon as he was asked by the Agency. (Id.) That may be so, but the Court must take plaintiffs’ allegations as true at this stage in the litigation.
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directly or indirectly altered reports to remove results showing high lead concentrations in Flint’s water. These actions exhibited a callous disregard for plaintiffs’ right to bodily integrity.
In contrast, plaintiffs do not state a claim against Wyant because the allegations do not demonstrate deliberate indifference. Wyant was likely aware of the health risks posed by using the Flint River as a water source. There is also some indication that he knew the FWTP was not utilizing the proper corrosion control techniques and that Flint’s water was contaminated. However, the fourth amended complaint contains nothing to suggest that Wyant either publicly denied there was a problem with Flint’s water, or that he otherwise encouraged Flint residents to use the contaminated water. Plaintiffs therefore do not plead that Wyant was deliberately indifferent.
d. City Defendants and Defendant Wright
Finally, plaintiffs allege that defendants Darnell Earley, Gerald Ambrose, Howard Croft, Daugherty Johnson, Michael Glasgow, Jeffrey Wright, Edward Kurtz, and Dayne Walling violated their right to bodily
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integrity.21 For the following reasons, plaintiffs state a claim against Earley, Ambrose, Croft, Johnson, and Glasgow. They fail to state a claim against Wright, Kurtz, and Walling.
* Plaintiffs state a bodily integrity claim against Earley and Ambrose. It is reasonable to infer that Earley and Ambrose were aware of the substantial risk of harm plaintiffs faced. After Flint transitioned to the Flint River, they knew about the outbreak of Legionnaires’ disease; General Motors stopped using Flint water at its Flint factory because of its corrosive nature; and test results revealed high lead levels in two locations on the University of Michigan-Flint’s campus. There were even growing calls from senior government officials that Flint “should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.” (Dkt. 630-3 at 66.) Additionally, plaintiffs plead that Earley and Ambrose were indifferent to this risk. Earley publicly
21 Because it is important to the following analysis, the Court again notes that Kurtz, Early, and Ambrose were all at one time Flint’s Emergency Manager. Edward Kurtz was the Emergency Manager from August 2012 through July 2013, Darnell Earley from September 2013 until January 13, 2015, and Ambrose from January 13, 2015 through April 28, 2015. Ambrose was also Flint’s Finance Director before he became Emergency Manager.
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denied any connection between the Legionnaires’ disease outbreak and Flint’s water, despite knowing that other branches of government concluded that there was a link. And he repeatedly refused to consider returning to DWSD water. Having replaced Earley as the Emergency Manager, Ambrose also refused to return to DWSD. He even went so far as rejecting a Flint City Council vote to reconnect to DWSD. In both cases, Earley and Ambrose’s conduct thus showed a callous disregard for plaintiffs’ right to bodily integrity.
Similarly, plaintiffs state a claim against Croft, Glasgow, and Johnson. As with Early and Ambrose, it is reasonable to conclude that these defendants were aware of the substantial risk of harm facing plaintiffs. As the transition to the Flint River loomed, all three knew that the FWTP was not ready to process the raw water. And Croft, in particular, was aware of the lead and Legionnaires’ disease issues that followed the transition. Glasgow tested for and found high concentrations of lead in the water. He also recognized that Flint was not using corrosion control treatment and had no legitimate lead and copper testing in place. Moreover, these defendants acted with a callous disregard for plaintiffs’ right to bodily integrity. Despite knowing that the FWTP was not ready
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to process the Flint River water, Croft and Johnson pressured Glasgow to give the green light to the transition. Johnson later blocked the Genesee County Health Department from scrutinizing Flint’s water testing process. And Glasgow altered reports to hide high lead concentrations in Flint’s water. Croft, Glasgow, and Johnson were thus deliberately indifferent by deceiving plaintiffs into thinking that there was no problem with Flint’s water.
In contrast, plaintiffs fail to state a claim against Wright because they do not show how he either caused or prolonged their exposure to the contaminated water. First, plaintiffs do not plausibly allege that Wright caused their exposure because he had no oversight over Flint’s transition to the Flint River. Plaintiffs argue that Flint and Genesee County’s water systems were unified, suggesting that Wright’s position as Genesee County’s Drain Commissioner gave him the means to affect the choice of Flint’s water. (Id. at 53–54 (“[B]ecause of the joint operation of the combined water systems, each of [the defendants] played a role in the decision to provide . . . Flint . . . with the high risk water[.]”).) But the fourth amended complaint reveals that the arrangement between Flint and Genesee County was a standard contractual relationship. Those in
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charge of Flint’s system purchased water and then sold it to Genesee County. And although Genesee County was required to buy it, the County had no say in where it came from. (Id. at 39–40 (“[GCDC] agreed to ‘accept water as delivered from the water system of the City [of Flint.]’”).) In other words, Wright was in charge of Genesee County’s water system, but not Flint’s. (Id. at 53 (“Wright was in control of the County side of the jointly operated water systems[.]”).)
Second, Wright did not prolong plaintiffs’ exposure to the contaminated water. Plaintiffs do not plead that Wright took steps to deceive Flint residents about the safety of Flint’s water following the transition, or that he otherwise played a role in any coverup. Although Wright may have been aware of the risk of harm plaintiffs faced, he did not cause their injuries.22
The same goes for Kurtz and Walling. Here too, plaintiffs fail to state a claim against these defendants because they do not show how they caused or prolonged plaintiffs’ exposure to the contaminated water.
22 In its vacated August 1, 2018 opinion and order, the Court denied defendant Wrights’ motion to dismiss plaintiffs’ bodily integrity claim. 329 F. Supp. 3d at 407. Having reviewed that analysis, the Court reverses its earlier decision.
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Although Kurtz may have set in motion the chain of events that led to the transition to the Flint River, he resigned as Flint’s Emergency Manager before the transition and therefore lacked control over the final decision. Additionally, Walling was involved in the decision to use the Flint River as an interim source of water but he was stripped of virtually all authority over Flint’s operations during emergency management. Plaintiffs also do not allege that either of these defendants deceived plaintiffs about the safety of Flint’s water or that defendants helped coverup the crisis. Thus, plaintiffs have failed to state a claim against these defendants.23
In summary, plaintiffs state a claim against Earley, Ambrose, Croft, Glasgow, and Johnson. Plaintiffs do not state a claim against Wright, Kurtz, and Walling.
2. Equal Protection In Counts II and III, the African American plaintiffs allege that defendants Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, Wyant,
23 Defendant Kurtz did not file a motion to dismiss prior to the Court’s vacated August 1, 2018 opinion and order. However, the city defendants’ supplemental brief argues that he should be dismissed from the case because plaintiffs have failed to state a claim against him. (Dkt. 738 at 11–12). The Court treats these arguments as Kurtz’s motion to dismiss.
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Shekter-Smith, Prysby, and Busch violated their right to equal protection under the Fourteenth Amendment. For the reasons set forth above, plaintiffs fail to state a claim. See supra Section II.d.ii.2.
3. Conspiracy In Count IV, plaintiffs bring suit under § 1985(3) alleging that defendants Snyder, Dillon, Wright, Ambrose, Kurtz, and Earley conspired to violate their rights. For the reasons set forth above, plaintiffs fail to state a claim. See supra Section II.d.ii.4.
4. State-Created Danger In Count IX, plaintiffs allege that the government defendants violated their right to be free from a state-created danger. (Dkt. 620-3 at 208.) Plaintiffs plead that the government defendants created the conditions that led to the Flint Water Crisis and then attempted to cover up the resulting risk of harm. (Id.) In their view, because the government defendants knew or should have known of the danger they created, they violated the Due Process Clause of the Fourteenth Amendment. (Id. at 208–09.) Defendants move to dismiss. (Dkt. 294 at 13–16; Dkt. 282 at 23– 25; Dkt. 281 at 28–30; Dkt. 279 at 35–37; Dkt. 277 at 18–22; Dkt. 276 at 19–20; Dkt. 273 at 24–32.)
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In its vacated August 1, 2018 opinion and order, the Court granted
defendants’ motions to dismiss an identical count. Nothing in the fourth
amended complaint affects the Court’s earlier analysis. Moreover,
plaintiffs have not subsequently challenged this part of the August 1
ruling.24 There, the Court stated that:
To bring a state[-]created danger claim, the individual must show: (1) an affirmative act by the state which either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff wherein the state’s actions placed the plaintiff specifically at risk, as distinguished from a risk that affects the public at large; and (3) the state knew or should have known that its actions specifically endangered the plaintiff.
329 F. Supp. 3d at 392 (quoting Jones v. Reynolds, 438 F.3d 685, 690 (6th
Cir. 2006)). With respect to (1), the Court explained that:
Plaintiffs do not allege that any defendant created or increased the risk that they would be exposed to an act of violence by a third party. They argue, however, that they do not need to, based on Schneider v. Franklin Cty., 288 F. App’x. 247 (6th Cir. 2008). In that case, the Sixth Circuit analyzed a state-created danger claim without referencing the thirdparty requirement of the test. Id. at 252.
However, it is clear that Schneider applied an incomplete version of this circuit’s test for a state-created
24 Plaintiffs have not waived the right to appeal this issue. In their original response to defendants’ motions to dismiss, plaintiffs argued at length that their state-created danger claim should proceed. (Dkt. 379 at 78–86.)
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danger claim. The Schneider court cited Kallstrom v. City of Columbus, 136 F.3d 1055, 1066 (6th Cir. 1998) in setting forth the state-created danger standard. In doing so, however, the Schneider court omitted Kallstrom’s reference to the threat of violence by a private third party, and then proceeded to analyze the claim without that requirement.
In support of the argument that the Schneider standard is good law in the Sixth Circuit, plaintiffs cite Stiles ex rel. D.S. v. Grainger Cty., 819 F.3d 834 (6th Cir. 2016) and McQueen v. Beecher Cmty. Sch., 433 F.3d 460 (6th Cir. 2006), two cases that also analyzed state-created danger claims.
Stiles involved a state-created danger claim arising from the brutal emotional, psychological, and physical bullying of a junior high school student by other students. Id. at 840–46. The Stiles court stated:
As a general rule, the State has no obligation to protect the life, liberty, of property of its citizens against invasion by private actors. Two exceptions to this rule exist: 1) where the State enters into a “special relationship” with an individual by taking that person into its custody, and 2) where the State creates or increases the risk of harm to an individual. Because DS was harmed by students rather than school or government officials, there is no constitutional violation unless one of these two exceptions applies.
Id. at 853 (citing DeShaney v. Winnebago Cty. Dep’t of Soc. Servs., 489 U.S. 189 (1989)) (internal citations omitted) (emphasis added). The court then cited McQueen, supra, for the legal standard for a state-created danger claim. Id. at 854. The standard set forth was: “(1) an affirmative act that creates or increases the risk to the plaintiff, (2) a special danger to the plaintiff as distinguished from the public at
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large, and (3) the requisite degree of state culpability.” Id. at 854 (citing McQueen, 433 F.3d at 464).
In McQueen, the Sixth Circuit considered whether a grant of summary judgment on a state-created danger claim was proper where a first-grader shot and killed his classmate, and the deceased child’s parent sued the teacher, principal, and school district. McQueen, 433 F.3d at 462–63. The plaintiff brought a variety of claims, among them a statecreated danger claim for failing to protect her daughter from her classmate. Id. at 463.
Quoting Kallstrom, the McQueen court stated that “[l]iability under the state-created danger theory is predicated upon affirmative acts by the state which either create or increase the risk that an individual will be exposed to private acts of violence.” Id. at 464 (quoting Kallstrom, 136 F.3d at 1066). The court also noted that a state-created danger claim is traditionally rejected where the act “did not create or increase the risk of private violence to the plaintiff.” Id. at 465 (collecting cases).
In most other circuits, the third-party requirement is also consistently applied. See Rivera v. Rhode Island, 402 F.3d 27, 34–35 (1st Cir. 2005); Lombardi v. Whitman, 485 F.3d 73, 80 (2d Cir. 2007); Pinder v. Johnson, 54 F.3d 1169, 1175 (4th Cir. 1995); Doe ex rel. Magee v. Covington Cty. Sch. Dist. ex rel. Keys, 675 F.3d 849, 857 (5th Cir. 2012); Fields v. Abbott, 652 F.3d 886, 889 (8th Cir. 2011); Gray v. Univ. of Colo. Hosp. Auth., 672 F.3d 909, 917 (10th Cir. 2012); Perez-Guerrero v. U.S. Atty. Gen., 717 F.3d 1224, 1233–34 (11th Cir. 2013); Butera v. Dist. Of Columbia, 235 F.3d 637, 651 (D.C. Cir. 2001); but see Doe v. Village of Arlington Heights, 782 F.3d 911, 916–17 (7th Cir. 2015) (omitting third-party requirement).
In Kneipp v. Tedder, 95 F.3d 1199, 1204–11 (3d Cir. 1996) the Third Circuit analyzed the third-party requirement
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for a state-created danger claim and declined to apply it to the claim in front of it, instead opting to apply a standard requiring only that an individual be placed in danger. However, the Third Circuit has inconsistently applied the third-party requirement to state-created danger claims since Kneipp. See, e.g., LaGuardia v. Ross Twp., 705 F. App‘x. 130, 133 (3d Cir. 2017) (applying the requirement); but see Henry v. City of Erie 728 F.3d 275 (3d Cir. 2013) (omitting the requirement).
Because all events related to plaintiffs’ claims occurred in Michigan, the Court must apply the clearly established state-created danger test set forth in Kallstrom, McQueen, Stiles, and Jones. The complaint does not plead that any act taken by any state actor created or increased the risk of private violence to the plaintiffs.
At oral argument, plaintiffs’ counsel argued that the third-party requirement could be satisfied by, for instance, a situation where a mother fed her child formula mixed with tainted Flint water. The mother would be the private actor, and the child would be the individual harmed under the statecreated danger theory. (Dkt. 532 at 212.)
The Court rejects this theory in its entirety. The residents of Flint were all made to use contaminated water that leached lead and bacteria from old lines. Parents, many of them struggling to even pay for the water the city provided, whether from the DWSD or the Flint River, used what resources they had available to them. For much of the time the Flint River was used as Flint’s primary water source, residents did not and could not have known the danger the water posed to them or their families. To entertain plaintiffs’ counsel’s theory of harm, the Court would have to find that a loving parent, seeking only to provide their child with food or water, committed an intentional or at least negligent act of violence against his or her own child. According to counsel, every person who showered or washed their hands or made
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coffee or boiled pasta with bacteria-infected, lead-tainted water provided to them by their government committed repeated acts of violence against themselves, their families, their friends, and their guests. This is not what the statecreated danger theory was developed to address.
Plaintiffs have failed to plead that the actions of the governmental actors named in this claim created or increased the risk of harm from a third party, and for this reason, this particular claim must be dismissed.
Id. at 392–94. And with respect to (2), the Court stated that:
Even if the Court could determine that the third-party harm requirement of plaintiffs’ state-created danger claim had been met, such a claim will stand only where “the government could have specified whom it was putting at risk, nearly to the point of naming the possible victim or victims.” Reynolds, 438 F.3d at 696. The state-created danger must be a “special danger” to a “discrete class of individuals.” Schroder v. City of Fort Thomas, 412 F.3d 724, 729 (6th Cir. 2005). It is not sufficient for the purposes of this claim if the specific danger is “no more a danger to [the plaintiff] than to any other citizen on the City streets.” Jones v. City of Carlisle, 3 F.3d 945, 949–50 (6th Cir. 1993). The danger may not be one that “affects the public at large.” Kallstrom, 136 F.3d at 1066.
Plaintiffs argue that the entire population of Flint constitutes a discrete class of individuals. (Dkt. 379 at 82–84.) They argue that the “government could have specified whom it was putting at risk, nearly to the point of naming the possible victim or victims,” Reynolds, 438 F.3d at 696, because “identifying those at risk would have been as simple as looking up the names and addresses of residents and businesses serviced by Flint’s water.” (Dkt. 379 at 83.)
The Sixth Circuit has routinely held that threats to any person on the street or to the public at large do not constitute
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risks that are specific enough for the purposes of a statecreated danger claim. See, e.g., City of Carlisle, 3 F.3d at 950 (the city permitting an epileptic individual to maintain a driver’s license posed a danger to any citizen on the streets); Janan v. Trammell, 785 F.2d 557, 560 (6th Cir. 1986) (a parolee’s release endangered plaintiff as a member of the public at large); Schroeder, 412 F.3d at 729 (government’s creation of a street, and management of traffic conditions, posed a general risk to the public).
The largest groups the Sixth Circuit has determined were able to pursue a state-created danger claim were in Kallstrom, where a city’s release of private information from the personnel files of three undercover officers “placed the personal safety of the officers and their family members, as distinguished from the public at large, in serious jeopardy,” id.; 136 F.3d at 1067, and in McQueen, where the risk of a shooter in a school posed a risk to the five students in the room with him and even those in the school building, but all those outside the school building constituted “the general public.” Id.; 433 F.3d at 468.
An entire city, plus all those who visit, work, or pass through that city is, by definition, “the general public.” Plaintiffs set the bar for the general public at “the general public of Michigan residents.” (Dkt. 379 at 84.) However, there is no case that supports this definition.
This claim must also be dismissed for failure to satisfy this element of the state-created danger test.
Id. at 394–95. The Court adopts this reasoning in full. Defendants
motions to dismiss the state-created danger Count are therefore granted.
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5. Monell Liability In Count VI, plaintiffs plead a standalone claim against the City of Flint under Monell v. Department of Social Services of the City of New York, 436 U.S. 658 (1978). Plaintiffs allege that Flint is responsible for the unconstitutional conduct of its employees because they committed unlawful acts pursuant to Flint’s custom or policy. As set forth above, plaintiffs state a claim that the city defendants Earley, Ambrose, Croft, Glasgow, and Johnson violated their right to bodily integrity. See supra Section III.d.i.1.d. And their Monell claim can rely on these underlying constitutional violations. See Robertson v. Lucas, 753 F.3d 606, 622 (6th Cir. 2014). Flint moves to dismiss. (Dkt. 276 at 34–35.) Under Monell, a plaintiff can bring a § 1983 claim against a city for the unconstitutional conduct of its employees if the employees’ conduct implemented an unofficial custom, or “a policy statement, ordinance, regulation, or decision officially adopted and promulgated by that body’s officers.” 436 U.S. at 690. In its vacated August 1, 2018 opinion and order, this Court held that the state-appointed emergency managers were final decisionmakers for Flint with respect to the decision to provide residents with contaminated water. 329 F. Supp. 3d at 421–22. As such, their
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actions represented official policy and Flint could be held liable for their conduct insofar as it violated plaintiffs’ rights. (Id. at 422.)
Following the Court’s August 1 ruling, Flint challenged the decision and requested that the Court certify the issue for interlocutory appeal. (Dkt. 565.) The Court denied that request, explaining that “wellestablished precedent” controlled its decision. (Dkt. 659). And the Court now adopts the reasoning from its August 1, 2018 opinion and order and its subsequent order denying Flint’s request to certify the question of Monell liability for interlocutory appeal. Because the emergency managers were state officials whose edicts or acts may fairly be said to represent official city policy, plaintiffs have stated a Monell claim with respect to the alleged bodily integrity violations. But plaintiffs fail to state a Monell claim for any other type of constitutional violation.
ii. State Claims 1. ELCRA
In Count V, plaintiffs allege that defendants Snyder, Dillon, Wright, Ambrose, Kurtz, Earley, the City of Flint, Wyant, ShekterSmith, Prysby, and Busch violated the rights guaranteed them under
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Michigan’s ELCRA. For the reasons set forth above, plaintiffs fail to state an ELCRA claim. See supra Section II.d.ii.3.
2. Professional Negligence In Counts VII and VIII, plaintiffs allege that defendants LAN and Veolia committed professional negligence. (Dkt. 620-3 at 199–207.) Neither LAN nor Veolia have moved to dismiss these counts in their entirety. However, Veolia asks the Court to dismiss the claims of several named plaintiffs based on alleged pleading deficiencies. (Dkt. 274 at 26– 35.) This includes Rhonda Kelso, individually and on behalf of her minor child; David Munoz; Amber Brown, on behalf of her minor child; Frances Gilcreast; EPCO Sales, LLC; and, Angelo’s Coney Island Palace, Inc. (Id.) In its vacated August 1, 2018 opinion and order, the Court rejected all but one of Veolia’s requested dismissals. 329 F. Supp. 3d at 424–25. The third amended complaint alleged that Veolia became involved in the Flint Water Crisis in February 2015. However, Kelso stated only that they “bathed, washed, and cooked with the water until at least January 2015.” (Dkt. 349 at 12–13.) Because other plaintiffs specifically pleaded that they used Flint River water for the entire time or did not otherwise mention a limited period of use, the Court inferred that Kelso and her
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minor child did not use the water after February 2015 and dismissed their claims against Veolia. 329 F. Supp. 3d at 424.
In the fourth amended complaint, Kelso revises her allegations. She and her daughter now allege that they “bathed, washed, and cooked with the water until at least November 2015.” (Dkt. 620-3 at 14 (emphasis added).) As a result, Veolia’s motion to dismiss as to Kelso must be denied. And since the fourth amended complaint makes no changes with respect to the other plaintiffs, the Court adopts the remainder of its August 1 decision.
3. Fraud In Count X, plaintiffs allege that defendant Veolia committed fraud by intentionally making false representations about the safety of Flint’s water. (Id. at 210–12.) Veolia moves to dismiss, arguing that plaintiffs’ complaint fails to identify any false representations (Dkt. 274 at 17–19), plaintiffs do not adequately plead intent (id. at 19–20), and plaintiffs fail to explain how they detrimentally relied on any falsity. (Id. at 20–21.) In its vacated August 1, 2018 opinion and order, the Court granted defendants’ motions to dismiss an identical count. As with plaintiffs’ state-created danger claim, nothing in the fourth amended complaint
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affects the Court’s earlier analysis. Moreover, plaintiffs have not
subsequently challenged this aspect of the August 1 ruling.25
There, the Court explained that:
Unlike other claims at the motion to dismiss stage, fraud claims are subject to a higher pleading standard. The elements of fraud must be pleaded with particularity, except that malice, intent, knowledge, and other conditions of a person’s mind may be alleged generally. Fed. R. Civ. P. 9(b).
In Michigan, a claim for common law fraud requires a plaintiff to plead:
(1) That defendant made a material representation; (2) that it was false; (3) that when he made it he knew that it was false, or made it recklessly, without any knowledge of its truth, and as a positive assertion; (4) that he made it with the intention that it should be acted upon by plaintiff; (5) that plaintiff acted in reliance upon it; and (6) that he thereby suffered injury.
Hi–Way Motor Co. v. Intl. Harvester Co., 398 Mich. 330, 336 (1976) (internal citations and quotation marks omitted).
All plaintiffs allege that Veolia defrauded them, based on three statements in Veolia’s 2015 Interim Report. Those statements are: 1) that Flint’s water was “safe” and “in compliance with drinking water standards”; 2) that the observed discoloration was merely aesthetic and not indicative of water quality or health problems; and 3) that medical problems arose in Flint because “[s]ome people may be sensitive to any water.” (Dkt. 349 at 146.) Plaintiffs’ complaint references no other specific statements made by
25 Again, plaintiffs have not waived the right to appeal this issue.
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Veolia, so these are the only three statements the Court may consider in evaluating the sufficiency of their pleadings. See Republic Bank & Trust Co. v. Bear Stearns & Co., 683 F.3d 239, 247 (6th Cir. 2012) (holding that fraudulent statements must be specifically alleged, including the time and place the statements were made).
Veolia raises several arguments regarding the sufficiency of the fraud claim. Chief among those argument are that the specific statements set forth above are inaccurately quoted, that plaintiffs fail to plead Veolia’s intent and knowledge properly, and that plaintiffs fail to plead their own reliance properly.
At Veolia’s request, the Court has reviewed the quoted statements in their full context in Veolia’s 2015 Interim Report. The Court may review documents incorporated into the complaint by reference, such as documents relied on for the specific statements supporting a fraud claim. Tellabs, Inc. v. Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007). The statements Veolia challenges are, for the purposes of the assertion of a fraud claim at the motion to dismiss stage, accurate and properly pleaded.
Further, the entirety of the pleading sets forth the basis for the plaintiffs’ claim that these statements were false. The complaint alleges the tainted water in Flint in February 2015 was not safe, in compliance with drinking water standards, or merely aesthetically displeasing; that the tainted water did specifically cause medical problems apart from the standard problems that might be associated with a population’s sensitivity to a clean water supply; and that this information was generally known absent Veolia’s representations to the contrary.
Plaintiffs allege that “[u]pon information and belief, the Veolia Defendants knew the representations were made recklessly without any knowledge about their veracity” and
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that the representations were made “with the intention that Plaintiffs would act and rely on them.” (Dkt. 349 at 147.) Allegations of fraud “cannot be based upon information and belief, except where the relevant facts lie exclusively within knowledge and control of the opposing party, and even then, the plaintiff must plead a particular statement of facts upon which his belief is based.” Craighead v. E.F. Hutton & Co., 899 F.2d 485, 489 (6th Cir. 1990).
At the motion to dismiss stage for a fraud claim, “the plaintiff . . . must plead facts about the defendant’s mental state, which, accepted as true, make the state-of-mind allegation plausible on its face.” Republic Bank & Trust Co., 683 F.3d at 247 (internal quotation marks and citation omitted). Veolia argues that plaintiffs’ allegation of recklessness is insufficiently pleaded. However, the allegation meets the fraud pleading standard. Information about Veolia’s recklessness in 2015 is solely within the knowledge of Veolia’s decision-makers. On a theory of recklessness and ignorance about the veracity of a statement in a fraud claim, the plaintiffs’ voluminous factual background about the information known to Flint, which retained Veolia, and to the public at large in 2015, satisfies this pleading requirement. To require further pleading regarding Veolia’s alleged recklessness would be to ask the plaintiffs to plead facts they could not possibly know at this stage.
To sustain a fraud claim in Michigan, “the party claiming fraud must reasonably rely on the material representation.” Zaremba Equip., Inc. v. Harco Nat’l Ins. Co., 280 Mich. App. 16, 39 (2008) (emphasis in original). As set forth above, this information cannot be pleaded based upon information and belief, because this information is solely within the knowledge of the plaintiffs, not the defendants.
Plaintiffs’ complaint alleges only that “[u]pon information and belief, the Veolia Defendants made the representations with the intention that Plaintiffs would act
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and rely on them, which Plaintiffs did.” (Dkt. 349 at 147.) The phrase “which Plaintiffs did” is the sole factual allegation in the complaint stating that any plaintiff specifically relied on these statements in continuing to drink Flint River water after February 2015. That statement lacks any specificity as to when or how any plaintiff heard the allegedly fraudulent statements, which were set forth in a report purportedly on the city’s website.
At oral argument, plaintiffs argued that specific reliance was pleaded with regard to at least one plaintiff: Tiantha Williams. The portion of the complaint introducing Williams states that “[p]rior to [December 2015], the family trusted previous reports that the condition of the water was not an immediate health emergency. They also relied on statements about the safety of the water that were made in public forums.” (Id. at 17.) These general allegations are insufficient to specifically plead that Williams heard and relied on Veolia’s statements. Between April 2014 and December 2015, numerous parties, including Earley in October 2014, Busch and Shekter-Smith on March 13, 2015, and Wurfel on July 10 and July 24, 2015, issued allegedly false statements to the public. The general reference to “statements” may include any or all of these other false statements, and do not specifically implicate Veolia’s 2015 Interim Report.
In the alternative, plaintiffs argue that reliance may be inferred because Veolia’s report was available on Flint’s public website. (Dkt. 379 at 123 n.47.) Plaintiffs failed to plead this information in the complaint, and the Court cannot rely on it to determine if reliance was properly pleaded. Even if the Court considers this additional information, the particular plaintiffs in this case do not plead that they specifically became aware of and relied on Veolia’s statements in continuing to use Flint water after February 2015.
Plaintiffs argue that they need not show direct reliance on a fraudulent misrepresentation to assert a fraud claim,
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citing Nernberg v. Pearce, 35 F.3d 247 (6th Cir. 1994). In Nernberg, a plaintiff properly asserted a fraud claim where fraudulent misrepresentations were made to a third party, and the misrepresentations were repeated by that third party to induce the plaintiff’s reliance. Id. at 251. However, the plaintiff still specifically demonstrated that he actually heard and relied on the misrepresentations. Nernberg does not mean that a plaintiff may allege a fraud claim where a third party heard and relied on a false statement, but the plaintiff does not allege with particularity that he or she also did so.
Finally, plaintiffs argue that questions as to reliance “pertain[s] to questions of fact, not sufficiency of the pleadings.” (Dkt. 379 at 124 (citing State Farm Mut. Ins. Co. v. Elite Health Ctrs., Inc., No. 16-cv-13040, 2017 U.S. Dist. LEXIS 82736, at *25 (E.D. Mich. May 31, 2017)). Elite Health does not stand for the rule that a plaintiff does not need to plead reliance with particularity. That case did not concern a defendant’s argument that the pleadings were insufficient as to reliance. Instead, the defendant in Elite Health argued that the plaintiff’s allegations were “contradictory and/or self[]serving,” and that contention pertained to questions of fact rather than sufficiency of the pleadings. Id. The Elite Health complaint contained a “116-page description of how the alleged scheme to defraud” worked, id. at *23, and determined that the plaintiff had properly “alleged that it justifiably relied on Defendants’ misrepresentations,” id. at *26.
This analysis does not foreclose a fraud claim against Veolia by other plaintiffs. However, those plaintiffs must plead the necessary elements of their fraud claim with particularity, including their reliance on Veolia’s allegedly fraudulent statements. Because these plaintiffs did not plead the reliance element of their fraud claim with sufficient particularity, their fraud claim must be dismissed.
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329 F. Supp. 3d at 417–20. The Court adopts this reasoning in full.
Therefore, plaintiffs fail to state a fraud claim.
4. Negligent Infliction of Emotional Distress
In Count XI, plaintiffs allege that LAN and Veolia negligently
caused them emotional distress. (Dkt. 620-3 at 212.) In its vacated
August 1, 2018 opinion and order, the Court addressed the identical
claim and decided that it was actually “a request for emotional distress
damages arising from the negligence claims asserted against LAN and
Veolia.” 329 F. Supp. 3d at 421. Nothing in the fourth amended complaint
affects the Court’s earlier analysis, and again plaintiffs have not
subsequently challenged this aspect of the August 1 ruling. Specifically,
the Court stated that:
Plaintiffs assert what they term a negligent infliction of emotional distress (“NIED”) claim against LAN and Veolia. (Dkt. 349 at 148.) The elements of a claim for [NIED] under Michigan law are:
(1) serious injury threatened or inflicted on a person, not the plaintiff, of a nature to cause severe mental disturbance to the plaintiff, (2) shock by the plaintiff from witnessing the event that results in the plaintiff’s actual physical harm, (3) close relationship between the plaintiff and the injured person (parent, child, husband, or wife), and (4) presence of the plaintiff at the location of the accident at the time the accident occurred or,
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if not presence, at least shock “fairly contemporaneous” with the accident.
Hesse v. Ashland Oil, Inc., 466 Mich. 21, 34 (2002).
Plaintiffs argue that they are bringing a “direct negligent infliction of emotional distress” claim, different from the NIED claim set forth in Hesse. Plaintiffs rely on Daley v. LaCroix, 384 Mich. 4 (1970), to argue that NIED does not require an injury to a third party for a plaintiff to pursue the claim. In Daley, the Michigan Supreme Court considered whether a plaintiff alleging “a definite and objective physical injury [ ] produced as a result of emotional distress proximately caused by defendant’s negligent conduct . . . may recover in damages for such physical consequences to himself notwithstanding the absence of any physical impact upon plaintiff at the time of the mental shock.” Id. at 12–13[.]
Daley did not create a cause of action for [NIED] absent an injury to a closely related third party. “[R]ather than create a cause of action, [Daley and cases following it] merely allow damages for emotional distress when the plaintiff has prevailed on a negligence cause of action.” McNeil ex rel. McNeil v. Metinko, Nos. 194595, 194596, 1998 Mich. App. LEXIS 2506, at *7 –8 (Mich. Ct. App. Mar. 13, 1998).
Plaintiffs rely on two other cases, Apostle v. Booth Newspapers, Inc., 572 F. Supp. 897, 900 (W.D. Mich. 1983) and Maldonado v. Nat. Acme Co., 73 F.3d 642, 645–46 (6th Cir. 1996), to argue that Daley did establish a tort of negligent infliction of emotional distress that did not require an injury to a third party. First, both cases predate Hesse, in which the Michigan Supreme Court limited the tort as set forth above. Second, Hesse explicitly stated that “[t]he common-law cause of action for negligent infliction of emotional distress has been recognized and applied in Michigan, although this Court has never ruled on the issue.” Hesse, 466 Mich. at 34. It is impossible to read Daley, a Michigan Supreme Court decision,
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to create a type of NIED claim when Michigan courts have stated that Daley did not do so, and when as of 2002, the Michigan Supreme Court had not recognized NIED at all.
Further, an NIED claim “clearly contemplates a sudden, brief, and inherently shocking accidental event which causes the injury . . . , which contemporaneously, and by its very nature, results in emotional and physical injury to the plaintiff.” Brennan v. Chippewa Cty. War Mem’l Hosp., Inc., Nos. 315795, 318452, 318594, 2014 Mich. App. LEXIS 1912, at *25 (Oct. 16, 2014) (further citation omitted). Plaintiffs do not allege that either LAN or Veolia committed an act that was sudden or brief, but instead allege that over a period of months for Veolia and even years for LAN, these defendants repeatedly failed to properly evaluate or treat Flint’s water, resulting in prolonged injury to all who used Flint River water after April 25, 2014.
On review of plaintiff’s complaint, this claim is a request for emotional distress damages arising from the negligence claims asserted against LAN and Veolia. Because the claim is presented as one for NIED, it is dismissed on the grounds that it fails to plead an NIED claim under Michigan law. However, this ruling does not preclude plaintiffs from seeking emotional distress damages arising from their surviving negligence claims.
Id. at 420-21. The Court adopts this reasoning in full. Plaintiffs may still
pursue damages for emotional suffering, where permitted.
5. Negligence
In Count XII, plaintiffs allege that defendants LAN and Veolia were
negligent with respect to their conduct in Flint, causing plaintiffs injury.
(Dkt. 620-3 at 212–14.) LAN and Veolia move to dismiss on the ground
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that plaintiffs’ negligence claim is preempted by plaintiffs’ claim for professional negligence.
In the context of the Flint Water Cases, the Court has twice held that negligence claims against LAN and Veolia may only be brought as professional negligence claims. First, in Guertin, the Court held that the professional negligence claims against LAN and Veolia could proceed, but the ordinary negligence claims had to be dismissed. 2017 U.S. Dist. LEXIS 85544, at *90–93. Second, in its vacated August 1, 2018 opinion and order, the Court determined that since “[a]n ordinary layperson would have little to no knowledge about the appropriate methods and techniques for remediating, containing, and eliminating lead and bacteria in a municipal water supply,” the claim was properly brought as a professional negligence claim and it dismissed the ordinary negligence claim. 329 F. Supp. 3d at 423–24.
What was true in Guertin and the Court’s August 1 decision is true here. Plaintiffs have thus failed to state a claim to ordinary negligence.
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6. Gross Negligence In Count XIII plaintiffs allege that defendants LAN and Veolia committed gross negligence. (Dkt. 620-3 at 215–17.) In Count IV, plaintiffs allege the same against defendants Snyder, Dillon, Lyon, Shekter-Smith, Rosenthal, Busch, Cook, Prysby, Wurfel, Wright, Kurtz, Earley, Ambrose, Croft, Johnson, and Glasgow. (Id. at 217–19.) For the reasons set forth above in Section II.d.ii.5, plaintiffs fail to state a claim with respect to Count IV. And for the following reasons, plaintiffs also fail to state a claim with respect to Count XIII.
* Gross negligence is not an independent cause of action in Michigan. See Xu v. Gay, 257 Mich. App. 263, 268–69 (2003). At common law in Michigan, gross negligence was not a higher degree of negligence; it was a device to escape contributory negligence. Gibbard v. Cursan, 225 Mich. 311, 319 (1923), overruled by Jennings v. Southwood, 446 Mich. 125, 131– 132 (1994), abrogated on other grounds. However, Michigan replaced the rule of contributory negligence with comparative negligence. Placek v. Sterling Heights, 405 Mich. 638, 650 (1979). And the Michigan Supreme Court therefore discarded the doctrine of common law gross negligence,
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recognizing that it had outlived its practical usefulness. Jennings, 446 Mich. at 129.
Gross negligence has since received a new life in the statutory context. See supra Section II.d.ii.5. The GTLA confers various degrees of immunity on tortious government actors. § 691.1407. This includes lower-level government officials, unless their conduct amounted to gross negligence that was the proximate cause of a plaintiff’s injuries. § 691.1407(2).
But despite its reference to gross negligence, neither the GTLA nor any other immunity statute created a new tort. See Rakowski v. Sarb, 269 Mich. App. 619, 627 (2006); Beaudrie v. Henderson, 465 Mich. 124, 139 n.12 (2001). Statutory gross negligence is instead an affirmative defense to be raised by a defendant. Odom v. Wayne Cty., 482 Mich. 459, 479 (2008). And plaintiffs bringing a tort claim must still plead the common law elements of ordinary negligence. Rakowski, 269 Mich. App. at 627.26
26 Perhaps because a plaintiff must sometimes show gross negligence to overcome immunity, courts have permitted claims styled as gross negligence to go forward under ordinary tort principles. See, e.g., Holland v. City of Highland Park, No. 324312, 2016 Mich. App. LEXIS 555 (Mar. 17, 2016); FOLTS v. CIGNA Ins. Co., No. 210163, 1999 Mich. App. LEXIS 740, at *1 (Aug. 6, 1999).
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With this in mind, although plaintiffs style their proposed claim as one of gross negligence, the Court must treat it as one of ordinary negligence. And for the reasons set forth in Section III.d.ii.5., plaintiffs’ claims of ordinary negligence against LAN and Veolia must be brought as claims of professional negligence. Thus, plaintiffs fail to state a claim to gross negligence.
7. Exemplary Damages Plaintiffs seek exemplary damages against defendants Veolia and LAN, solely in connection with their alleged professional negligence. (Dkt. 620-3 at 199–207, 219.) In response, Veolia and LAN move to dismiss the requested relief. (Dkt. 283 22–23; Dkt. 274 at 22–26.)27 In Guertin, under similar circumstances, this Court stated that “plaintiffs may be entitled to exemplary damages.” 2017 U.S. Dist. LEXIS 85544, at *94. And the Court therefore permitted “[t]heir request for exemplary damages [to] proceed.” Id. However, for the reasons stated below, Guertin was at odds with Michigan precedent. And because Michigan law controls
27 The fourth amended complaint also seeks punitive damages. However, plaintiffs’ claims against Veolia and LAN sound in Michigan law, and plaintiffs concede that Michigan law prevents them from seeking such relief in this case. (Dkt. 379 at 136 n.54.) As such, plaintiffs fail to state a claim to punitive damages.
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the question of damages in counts involving professional negligence, plaintiffs fail to state a claim to exemplary damages.
* In Michigan, exemplary damages are a special class of compensatory damages. They are available under limited circumstances to reimburse for a non-economic harm. Veselenak v. Smith, 414 Mich. 567, 573–74 (1982); Unibar Maint. Servs., Inc. v. Saigh, 283 Mich. App. 609, 630 (2009). And in the context of exemplary damages, this only includes losses for the “humiliation, sense of outrage, and indignity” that results from malicious, willful, and wanton conduct. Kewin v. Mass. Mut. Life Ins. Co., 409 Mich. 401, 419 (1980); B & B Inv. Grp. v. Gitler, 229 Mich. App. 1, 9–10 (1998). The malicious, willful, and wanton element is equivalent to malice. See Peisner v. Detroit Free Press, Inc., 421 Mich. 125, 136 (1984). Because damages for mental pain and anxiety are normally included under actual damages, only intentional actions that show a reckless disregard for a plaintiff’s rights will suffice. See Veselenak, 414 Mich. at 574–75; McPeak v. McPeak, 233 Mich. App. 483, 487–88 (1999). In other words, mere
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negligence is insufficient. A defendant’s conduct must amount to more than a lack of care. See Veselenak, 414 Mich. at 574–75.
Here, the fact that professional negligence is the only claim plaintiffs raise to support exemplary damages against LAN and Veolia negates the mental element required for the award. It is the reprehensibility of a defendant’s conduct that intensifies the emotional injury and justifies exemplary damages not the magnitude of the harm caused. See McPeak, 233 Mich. App. at 488; Gitler, 229 Mich. App. at 10. Plaintiffs do not state a claim for allegedly malicious, willful, and wanton conduct. In fact, they do not state a claim involving exemplary damages for any intentional tort. Rather, they argue that LAN and Veolia were professionally negligent and that their negligence caused the Flint Water Crisis. As such, plaintiffs fail to state a claim for exemplary damages.
iii. LAN’s Motion for a More Definite Statement Defendant LAN argues that plaintiffs must provide a more definite statement in their complaint. (Dkt. 283 at 24.) The Court addressed this identical motion in its August 1, 2018 opinion and order, and sees no reason to deviate from this prior ruling. Accordingly, for the reasons set forth below, the Court denies LAN’s motion.
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Motions for more definite statements are disfavored, and should be granted “only if there is a major ambiguity or omission in the complaint that renders it unanswerable.” Farah v. Martin, 122 F.R.D. 24, 25 (E.D. Mich. 1988).
LAN argues that the complaint does not distinguish between the Leo A. Daly Company (“LAD”), Lockwood, Andrews & Newnam, P.C. (“LAN P.C.”), and Lockwood, Andrews & Newnam, Inc. (“LAN, Inc.”), making it impossible to tell what each entity did. The Court has addressed the relationship between LAD, LAN P.C., and LAN, Inc. in a prior opinion. (Dkt. 437.) LAD is the parent company of LAN, Inc.; LAN P.C. is a corporation established to satisfy licensing requirements for LAN, Inc. to operate in the state of Michigan. (Id. at 4.) An agreement between LAD and LAN, Inc. establishes a relationship between the two companies in which all LAN, Inc. employees are LAD employees and all LAN, Inc. revenues go to a joint bank account over which LAD had full control. (Id. at 10–11.)
Because LAN P.C. was a legal entity created solely to permit LAN, Inc. to perform work in Michigan, all work LAN, Inc. performed can be attributed to LAN P.C. Because all employees of LAN, Inc. were actually employees of LAD, all work those employees performed, including the work at issue in this case, can be attributed to LAD. The complaint treats all three companies as a single entity for pleading purposes because, based on the corporate structure of the companies, they are indistinguishable for the purposes of this lawsuit.
LAN also objects to being “lumped in” with Veolia with regard to some allegations. (Dkt. 283 at 26.) The complaint clearly specifies the actions LAN and Veolia each took with respect to Flint’s water supply, and sometimes refers to them jointly because either both sets of defendants had similar duties, if at different times, or because plaintiffs are asserting similar claims against both sets of defendants.
126

Case 5:16-cv-10444-JEL-MKM ECF No. 798 filed 04/01/19 PageID.21229 Page 127 of 128
329 F. Supp. 3d at 391–92. e. Conclusion and Order
IT IS ORDERD THAT, Plaintiffs’ motion for leave to amend the complaint (Dkt. 620) regarding the bodily integrity claim against Governor Snyder is GRANTED. Plaintiffs may include the fourth amended complaint’s new factual allegations, including the proposed class definitions. Plaintiffs’ motion as it relates to these facts is therefore GRANTED. In all other respects, the motion is denied. Having adopted the fourth amended complaint in part, IT IS FURTHER ORDERED THAT, Defendants’ motions to dismiss count I (bodily integrity) are DENIED with respect to defendants Snyder, Dillon, Wurfel, ShekterSmith, Rosenthal, Busch, Cook, Prysby, Earley, Ambrose, Croft, Glasgow, and Johnson, with the exception of claims relating to property damage. Additionally, the city defendants’ motion to dismiss count VI (Monell liability) is DENIED. LAN and Veolia’s motions to dismiss counts VII and VIII (professional negligence) are DENIED. And LAN’s motion for a more definite statement is also DENIED.
127

Case 5:16-cv-10444-JEL-MKM ECF No. 798 filed 04/01/19 PageID.21230 Page 128 of 128

IT IS FURTHER ORDERED THAT,

All remaining counts are dismissed for failure to state a claim.

Specifically, defendants’ motions to dismiss count I (bodily integrity) with

respect to defendants Lyon, Peeler, Wyant, Kurtz, Wright, and Walling are GRANTED. And defendants’ motions to dismiss counts II, III, IV, V, IX, X, XI, XII, XIII, and XIV are also GRANTED in their entirety. Additionally, LAN and Veolia’s motions to dismiss plaintiffs’ claim for

exemplary and punitive damages are GRANTED.

IT IS SO ORDERED.

Dated: April 1, 2019 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on April 1, 2019.

s/Shawna Burns SHAWNA BURNS Case Manager

128

 
 2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 1 of 110 Pg ID 1

JS 44 (Rev. 12/ 12)

CIVIL COVER SHEET

County in which action arose _Ge_n_e_s_e_e____

The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provtded by local rules of court. This form , approved by the Judicial Conference of the United States in September 1974, is reqUtred for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT!'AGE OF THIS FORM.)

I. (a) PLAINTIFFS
Frances Gilcreast [see attachment for additional plaintiffs]

DEFENDANTS
Lockwood, Andrews & Newnam, P.C. [see attachment fo r additional defendants]

(b) County of Residence of First Listed Plaintiff __::G::e:.:n::e:::se::::e:__ _ _ _ _ _ __
(EXCEPT IN/ I.S. PL4/NTIFF CASES)

County of Residence of First Listed Defendant
(IN U.S /'LAIN71FF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, aud Telephone Number)

Attorneys (If Known)

David J. Shea Shea Aiello, PLLC [sec attachment for contact information and additional counsel]
II. BAS IS OF J URISD ICT ION (Place an "X" iuOneBoxOn!vJ

0 I U.S. Govenunent PlaintiiT

~ 3 Federal Question (U.S. Government Not a Party)

Ill . CIT IZENSHIP OF PRI NC IPAL PARTIES (Place an "X" inOneBoxforPtamnff

(For D~>·er.rity ( 'a.re.1· Only)

and One Box.far IJ~(eudam)

I'TF DEF

PTF DEF

Citizen of ll1is State

0 I 0 I lncorpoo':tted or Principal Place of Business In This State

0 4 04

0 2 U.S. Government Defendant

0 4 Diversity (lnchcale Cil1=emh1p ofPame.r 111 Item If/)

Citizen of Anotl1er State

0 2 0 2 Incorporated and Principal Place of Business In Another State

0 5 05

Citizen or Subject ofa ForeitZn Count

0 3 0 3 Foreign Nation

IV NATURE OF SU IT (l'lacean "\'"in One BoxOntyJ

CONTRACT

TORTS

FO R FE ITURE/PENALTY

BANKRUPTCY

0 11 0 Insurance

PERSONAL INJ URY

PERSONAL INJURY 0 625 Drug Related Seizure

0 422 Appeal 28 USC 158

0 120 Marine 0 130 Moller Act

0 310 Aicplane 0 3 15 Aiq>lane Prod uct

0 365 Personal Injury • Product Liability

of Property 21 USC 881 0 423 Withdrawal

0 690 Other

28 usc 157

0 140 Negotiable lnstnnnent

Liability

0 150 Recoveoy of Ovecpayment 0 320 Assault, Libel &

& Enforcement of Judgment

Slander

0 367 Health Care/ Phannaceutical Personal Injtll)'

PllOPERTY RIGHTS 0 820 Copyrights

0 I51 Medicare Act

0 330 Federal Employers'

Product Liability

0 830 Patent

0 152 Recovery of Defaulted

Liability

0 368 Asbes tos Personal

0 840 Trademark

Student Loans (Excludes Veterans)

0 340 Marine 0 345 Marine Product

Injury Product Liability

LABOR

so IAL SECURITY

0 153 Recovery ofOvecpayment

Liabiliry

PERSONAL PROPERTY 0 710 Fair Labor Standards

0 861 HIA (1395fl)

of Veteran's Benefits

0 350 Motor Vehicle

0 370 Other Fraud

Act

0 862 Black Lung (923)

0 160 Stockholders' Suits

0 355 Motor Vehicle

0 190 Otl1er Contract

Product Liability

0 195 Contract Prod uct Liability 0 360 Other Personal

0 37 1 Tnoth in Lending 0 380 Other Personal
Propeny Damage

0 720 Laborirllanagement Relations
0 740 Railway Labor r\ct

0 863 DIWC/DIWW (405(g)) 0 864 SSID Title XVI 0 865 RSI (405(g))

0 196 Franchise

Injury

0 385 Property Damage 0 75 I Family and Medical

0 362 Personal lnjwy •

Product Liability

Lea\·e Act

Medical Malpractice

0 790 Other Labor Litigation

REAL PROPERTY

C IVIL RIGHTS

PRISONER PETITIONS 0 791 Employee Retirement

FEDERAL TAJ< SUITS

0 2 10 Land Condemnation

0 440 Other Civil Rights

l·labeos Coq >us:

Income Security Act

0 870 Taxes (U.S. PlaintiiT

0 220 Foreclosure

0 441 Voting

0 463 Alien Detainee

or Defendant)

0 230 Rent Lease & Ejectment 0 240 T01ts to Land

0 442 Employment 0 443 Housing/

0 510 ~lotions to Vacate Sentence

0 871 IRS-ll1ird Pmty
26 usc 7609

0 245 Tort Product Liability

Acco anmodations

0 530 General

0 290 All Other Real Property 0 445 Amer. w/Disabilities • 0 535 Death Penalty

IMM IGRATION

Employment

Other:

0 462 Naturaliz." ion Application

0 446 Amer. w/Disabilities • 0 540 Mandamus & Other 0 465 Other Immigration

Other

0 550 Civil Rights

Actions

0 448 Education

0 555 Prison Condition

0 560 Civii Detainee •

Conditions of

Confinement

0 6 06
OTHER STATUTES
0 375 False Claims Act 0 400 State Reappo1tionment 0 410 Antitrust 0 430 Banks and Banking 0 450 Commerce 0 460 Deportation 0 470 Racketeer Influenced and
Corrupt Organizations 0 480 Consumer Credit 0 490 CablefSat TV 0 850 Securities/Commodities/
Exchange
0 890 Otl>er Statutory Actions 0 891 Agricultural Acts ~ 893 Environmental Matters 0 895 Freedom of lnfonnation
Act 0 896 Arbitration 0 899 Administrative Procedure
Act/Review or Appeal of Agency Decision 0 950 Constitutionality of State Statutes

V. ORIGIN (!'lace an "X" m OneBoxOn(v)

!!!! I Original

0 2 Removed from

Proceeding

State Court

0 3 Remanded from Appellate Court

0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict

Reopened

Another District

Litigation

(spwM

Cite the U.S. Civil Statute under which you are filing (Do 1101 citejuristfictimutl sti/11/Us unl~ss cfivcl'l·ity):

VI.

CAUSEOFACTION~4~2~u~.s-.c~.§~· 3~00~1-~8~----------------------------------------------------------­ Brief description of cause:

Violation of Safe Drinking Water Act, as well as vtolatton ofaddittonal federal and state laws

Vll. REQUESTE D IN COMPLAINT:

~ CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P

DEMAN D S

CHECK YES only if demanded in complaint'
J URY DEMAND: 1m Yes 0 No

VIII. RELATED CASE(S)

IF ANY

rs~c instructions):

DOCKET NUMBER See attachment

DATE
March 3 I,20I6
FOR OFFICE USE ONLY

RECEIPT#

AMOUNT

APPLYING lFP

JUDGE

MAG. JUDGE

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 2 of 110 Pg ID 2

PURSUANT TO LOCAL RULE 83.11

1.

Is this a case that has been previously dismissed?

If yes, give the following information:

0 Yes IZJ No

Court: ____________________________________

Case No.: - - - - - - - - - - - - - - - - - Judge: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

2.

Other than stated above, are there any pending or previously discontinued or dismissed companion cases in this or any other

IZJ Yes

0 court, including state court? (Companion cases are matters in which

No

it appears substantially similar evidence will be offered or the same

or related parties are present and the cases arise out of the same

transaction or occurrence.)

If yes, give the following information:

Court: See attachment

Case No.: - - - - - - - - - - - - - - - - - Judge: _________________________________

Notes:

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 3 of 110 Pg ID 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

Gilcreast eta!. v. Lockwood, Andrews & Newnam, P. C., eta!. Attachment to Civil Cover Sheet

I Plaintiffs

The following are listed as Plaintiffs in the foregoing complaint:

Frances Gilcreast Vivian Kelley Estrella A. Simpkins Beverly's Restaurant, Cakes & Catering

The following are listed as Attorneys for Plaintiffs in the foregoing complaint:

Kit A. Pierson Joseph M. Sellers Emmy L. Levens Robert Cobbs COHEN MILSTEIN SELLERS & TOLLPLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facsimile kpierson@cohenmilstein.com jsellers@cohemnilstein.com elevens@cohenmilstein.com rcobbs@cohenmilstein.com
Theodore J. Leopold COHEN MILSTEIN SELLERS &TOLLPLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone (561) 515-1401 Facsimile tleopold@cohenmilstein.com

David J. Shea SHEA AIELLO, PLLC 261 00 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw.com
Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 4 of 110 Pg ID 4

Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone (713) 654-6666 Facsimile vbhatia@susmangodfrey .com sraymond@susmangodfrey .com

Stephen Morrissey Jordon Connors SUSMAN GODFREY, L.L.P. 120 I Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey .com jconnors@susmangodfrey.com
Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 190 I Avenue of the Stars Suite 950 Los Angeles, CA 90067 (31 0) 789-3100 Telephone (31 0) 789-3150 Facsimile

I Defendants The following are listed as Defendants in the foregoing complaint:
Adam Rosenthal Bradley Wurfel Darnell Earley Edward Kut1z Daniel Wyant Gerald Ambrose Governor Richard Snyder Leo A. Daly Company Liane Shekter Smith Lockwood, Andrews & Newnam, Inc. Lockwood, Andrews & Newnam, P.C. Michael Glasgow Michael Prysby Michigan Department of Environmental Quality Patrick Cook The State of Michigan Stephen Busch Veolia Environnement S.A. Veolia Not1h America, LLC

2

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 5 of 110 Pg ID 5
VIII Related Case(s)
Judge John Corbett O'Meara 5:15-cv-14002 5:16-cv-10323 5:16-cv-10444 2:16-cv-10571 2: 16-cv-1 0663 4: 16-cv-1 0794 2: 16-cv-1 0825 2: 16-cv-1 0827 2: 16-cv-1 0828 2: 16-cv-1 0829 2: 16-cv-1 0830 2: 16-cv-1 0895 2: 16-cv-1 0896 2: 16-cv-1 0897 2: 16-cv-1 0898 2: 16-cv-1 0899 2: 16-cv-1 0900 2:16-cv-10901 2: 16-cv-1 0902 2: 16-cv-1 0903 2: 16-cv-1 0904 2:16-cv-11015 2: 16-cv-11 016 2: 16-cv-11 017 2:16-cv-11018 2: 16-cv-11 019 2: 16-cv-11 020 2: 16-cv-11 022 2: 16-cv-11 023 2: 16-cv-11 025 2: 16-cv-11 026 2:16-cv-11111 2:16-cv-11112 2:16-cv-11113 2: 16-cv-11117 2: 16-cv-11118 2:16-cv-11120
Judge Victoria Ann Roberts 2:16-cv-10796 2: 16-cv-1 0820 2:16-cv-10824 2: 16-cv-11 021
3

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 6 of 110 Pg ID 6
Judge Terrence G. Berg 4:16-cv-11109 4:16-cv-11116
Judge Paul D. Borman 2:16-cv-11119 2: 16-cv-11121
Judge Marianne 0. Battani 2:16-cv-11114
Judge Avern Cohn 2:16-cv-11122
Judge Sean F. Cox 2: 16-cv-11 024
Judge Mark A. Goldsmith 2: 16-cv-1 0277
Judge Gerald E. Rosen 2:16-cv-11110
Judge George Caram Steeb
2: 16-cv-1 0826
Pursuant to Local Rule 83.11:
The following may be companion cases that are pending or were previously discontinued or dismissed. These cases are in addition to the related cases pending in federal court listed above.
Eastern District of Michigan:
Stephen J. Murphy, III 2:15-cv-12084 (Remanded)
Michigan Circuit Court for the County of Genesee:
Judge Archie L. Hayman Case No. 15-104900 (Pending) Case No. 16-106112 (Transferred to Michigan Court of Claims) Case No. 16-106326 (Removed to E.D. Michigan) Case No. 16-106373 (Removed to E.D. Michigan) Case No. 16-106374 (Removed to E.D. Michigan) Case No. 16-106377 (Removed to E.D. Michigan) Case No. 16-106378 (Removed to E.D. Michigan) Case No. 16-106379 (Removed to E.D. Michigan)
4

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 7 of 110 Pg ID 7
Case No. 16-106380 (Removed to E.D. Michigan) Case No. 16-106381 (Removed to E.D. Michigan) Case No. 16-106382 (Removed to E.D. Michigan) Case No. 16-106383 (Removed to E.D. Michigan)
Judge Richard B. Yuille Case No. 16-106077 (Pending) Case No. 16-106150 (Removed to E.D. Michigan) Case No. 16-106429 (Removed to E.D. Michigan) Case No. 16-106430 (Removed to E.D. Michigan) Case No. 16-106431 (Removed to E.D. Michigan) Case No. 16-106432 (Removed to E.D. Michigan) Case No. 16-106433 (Removed to E.D. Michigan) Case No. 16-106434 (Removed to E.D. Michigan) Case No. 16-106435 (Removed to E. D. Michigan) Case No. 16-106436 (Removed to E.D. Michigan) Case No. 16-106437 (Removed to E.D. Michigan) Case No. 16-106438 (Removed to E.D. Michigan) Case No. 16-106439 (Removed to E.D. Michigan) Case No. 16-106444 (Removed to E.D. Michigan) Case No. 16-106484 (Removed to E.D. Michigan) Case No. 16-106485 (Removed to E.D. Michigan) Case No. 16-106486 (Removed to E.D. Michigan) Case No. 16-106487 (Removed to E.D. Michigan) Case No. 16-106488 (Removed to E.D. Michigan) Case No. 16-106489 (Removed to E.D. Michigan) Case No. 16-106490 (Removed to E.D. Michigan) Case No. 16-106491 (Removed to E.D. Michigan) Case No. 16-106492 (Removed to E.D. Michigan) Case No. 16-106493 (Removed to E.D. Michigan) Case No. 16-106494 (Removed to E.D. Michigan) Case No. 16-106495 (Removed to E.D. Michigan) Case No. 16-106496 (Removed to E.D. Michigan)
Michigan Court of Claims:
Judge Mark Boonstra Case No. 16-000017 (Pending)
5

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 8 of 110 Pg ID 8

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

FRANCES GILCREAST; VIVIAN KELLEY; ESTELLA A. SIMPKINS; AND BEVERLY'S RESTAURANT, CAKES & CATERING,
Plaintiffs,
vs.
LOCKWOOD, ANDREWS & NEWNAM, P.C.; LAN INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, LLC; VEOLIA ENVIRONNEMENT S.A.; THE STATE OF MICHIGAN; THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY; RICHARD DALE SNYDER; DANIEL WYANT; LIANE SHEKTER SMITH; ADAM ROSENTHAL; STEPHEN BUSCH; PATRICK COOK; MICHAEL PRYSBY; BRADLEY WURFEL; DARNELL EARLEY; GERALD AMBROSE; EDWARD KURTZ; AND MICHAEL GLASGOW,
Defendants.

Civil Action No. CLASS ACTION COMPLAINT JURY TRIAL DEMANDED

CLASS ACTION COMPLAINT Frances Gilcreast, Vivian Kelley, Estella A. Simpkins, and Beverly's Restaurant, Cakes & Catering, individually and on behalf of a class of all others

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 9 of 110 Pg ID 9

similarly situated, bring this action for damages and injunctive relief and demand a

jury trial. Unless stated otherwise, all allegations contained herein are made on

information and belief. In support oftheir claims, Plaintiffs allege as follows:

I. NATURE OF THE CASE

1.

Plaintiffs and the Class - all residents and businesses of Flint,

Michigan- have suffered, and continue to endure, the consequences of having

been exposed to toxic levels oflead and other hazards from the drinking water.

With this suit, Plaintiffs seek to hold the persons and entities that caused this crisis

accountable.

2.

For nearly five years, the City of Flint has existed in a state of

financial emergency pursuant to which the City is controlled by a Governor-

appointed Emergency Financial Manager. In 2014, in an effort to save money, the

Emergency Financial Manager authorized a switch to the Flint River as the City's

sole water source.

3.

In making this switch, the State of Michigan, the Michigan

Department of Environmental Quality (MDEQ), the Governor-appointed

Emergency Financial Managers, and various other named employees of those

agencies (collectively Government Defendants), failed to implement a con·osion

control protocol as required by the Safe Drinking Water Act, and otherwise failed

to exercise reasonable care with regard to Flint's water system. Absent mandatory

2

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 10 of 110 Pg ID 10

corrosion controls, the acidic water of the Flint River coursed through unprotected

pipes to residents and businesses -leaching lead and other harmful chemicals into

the water along the way.

4.

Flint engaged and relied upon the professional services and

expertise of two engineering firms- Defendants Lockwood, Andrews & Newman,

Inc. (LAN) and Veolia North America (Veolia)- to review its water distribution

system, ensure compliance with federal and state environmental regulations, and

provide expert engineering advice to the City and its Emergency Financial

Managers. By taking on this assignment, LAN and Veolia assumed the

responsibility to satisfy the standard of a reasonable engineer.

5.

In conducting their engineering services, however, LAN's and

Veolia's conduct fell well below the standard for a reasonable engineer in several

critical respects. First, LAN and Veolia failed to conduct a root cause analysis to

determine the cause of Flint's initial water problem. Had either LAN or Veolia

performed such an analysis, it would have quickly revealed that Flint River water

was contaminated by corrosive salt accumulated from de-icing operations over

decades of Michigan winters, and had caused extensive pipe corrosion and an

extreme risk of lead contamination absent the implementation of a plan to prevent

such contamination. Moreover, a root cause analysis would have revealed that the

3

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 11 of 110 Pg ID 11

City of Flint had not adopted a corrosion control protocol as mandated by the

federal Safe Drinking Water Act and related Lead and Copper Rule.

6. Not only did LAN and Veolia fail to perform the routine root cause

analysis that would have revealed the City of Flint's lead problems, but they also

ignored a series of red flags that should have led them to suspect corrosion

problems in Flint's water system. LAN and Veolia should have anticipated

widespread corrosion problems in light ofthe switch to a highly saline water

source; the ineffectiveness of Flint's attempts to address coliform bacteria, which

would have signaled corroded pipes to any reasonably competent engineer; the

summer 2015 outbreak of Legionnaires Disease, which also should have alerted

these companies to corrosion problems; and the very color of Flint's tap water,

which was rusty and brown precisely because it was leaching metal from Flint's

pipes. Any of these warnings should have warned LAN and Veolia to a

widespread corrosion problem and led these companies to implement effective

corrosion controls.

7.

Additionally, LAN and Veolia affirmatively recommended that

Flint double the ferric chloride in its water. A reasonable professional engineer

would have known that ferric chloride is highly acidic and when used without

alkaline buffering agents to raise the pH and phosphates or other corrosion control

4

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 12 of 110 Pg ID 12

elements to coat the pipes, causes corrosion. This is exactly what happened in

Flint's water system.

8.

As a direct and foreseeable result ofLAN's and Veolia's

recommendations, Flint increased the ferric chloride in its water with grave

consequences. The salinity of the Flint River was the metaphorical gasoline in this

particular tragedy. The addition of ferric chloride, as recommended by the

professional engineers at LAN and Veolia upon whom the City relied, was the

match. The added ferric chloride dramatically increased the corrosion of Flint's

pipes and, as a direct and foreseeable result, the leaching of various chemicals into

Flint's drinking water- including lead.

9.

Despite failing to fulfill their professional duties in a reasonable

manner, both LAN and Veolia deemed Flint's water compliant with governing

environmental statutes and regulations. In doing so, LAN and Veolia provided

false assurances of safety to Plaintiffs and the Class, further exacerbating the extent

of the damage caused by their conduct.

10.

As concerns began to emerge that Flint's water was contaminated

with lead and other hazardous materials, the Government Defendants engaged in

various activities designed to deny or minimize the existence or extent of Flint's

corrosion and lead problem. For example, the MDEQ misrepresented its water

samples as being compliant with federal regulations when, in fact, the samples

5

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 13 of 110 Pg ID 13

were drawn from locations that were less likely to show lead contamination.

Moreover, various MDEQ officials "scrubbed" test results to remove certain

results that showed high levels oflead in the water. Additionally, when the EPA

inquired as to what corrosion control treatment Flint was using, Defendant Stephen

Busch of the MDEQ unequivocally and falsely assured the EPA that Flint was

adding phosphates to its water to control corrosion. Other MDEQ officials

similarly misled the public by falsely stating that Flint's water system had a

corrosion control protocol. MDEQ officials also baselessly informed the EPA that

the first resident's water had tested positive for lead due to sources within the

home- a statement that was later proved entirely incorrect when the EPA visited

the resident's home and discovered it had plastic pipes.

11.

After Flint switched its water source to the Flint River, the City

also suffered an outbreak of Legionnaires' disease, a severe form of bacterial

pneumonia caused by toxins in the contaminated water. According to Michigan

health officials, this outbreak was one of the worst in U.S. history: 87 confirmed

cases and 9 Legionnaires'-associated deaths. Yet, the Government Defendants did

not even disclose that the outbreak had occurred until January 2016 -months after

it began. The Government Defendants thus failed to warn Flint residents of the

threat posed by Legionella in the City's water supply and failed to take reasonable

steps to contain the outbreak once it began.

6

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 14 of 110 Pg ID 14

12.

All the while- despite public assurances of safety- government

offices in Flint quietly switched to bottled water while the citizens and business of

Flint continued to drink dangerously contaminated water.

13.

Indeed, it was not until a memorandum from an EPA official

regarding the frightening existence oflead in Flint's drinking water was leaked to

the American Civil Liberties Union that any of the Government Defendants

acknowledged the problem.

14.

Unfortunately, these acknowledgments came too late. Since the

Government Defendants implemented LAN's and Veolia's recommendations,

more than 40% of the homes tested revealed lead contamination above the federal

threshold and a study from a pediatrician at the Hurley Medical Center showed that

elevated blood levels in children had more than doubled following the switch to the

Flint River as Flint's water source.

15.

The consequences oflead exposure are both catastrophic and

permanent. Lead poisoning can cause serious damage to a child's central and

peripheral nervous system, stunt growth, impair hearing, and impair the formation

and function of blood cells. The effect oflead poisoning on children's brain

development is particularly alarming, causing reduced IQ and serious behavioral

problems. While lead's worst effects are borne by children, lead exposure can be

7

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 15 of 110 Pg ID 15

seriously harmful to adults as well causing serious cardiac and reproductive

problems.

16.

Plaintiffs and the Class have sustained substantial personal injuries

as a result of Defendants' conduct and the child-members of the Class have

additionally suffered lost economic earnings.

17.

Plaintiffs and the Class have also suffered significant property

damage as a direct result of Defendants' conduct. The acidic and corrosive water

that Defendants caused to flow through Flint's pipes and appliances has irreparably

damaged residents' and businesses' pipes and appliances. Moreover, the stigma

associated with the water crisis has resulted in, and will continue to result in, a

reduction in residential and commercial property values in the City of Flint and

substantial financial harm to Plaintiffs and the Class. Despite Flint having

switched back to its prior water source, corroded pipes and appliances in residents'

homes and local commercial properties remain corroded. The only option for

Plaintiffs and the Class to truly be safe is to entirely replace their pipes and

corroded appliances.

18.

In addition to injunctive relief under the Safe Water Drinking Act,

Plaintiffs and the Class also seek damages and other relief under theories of

Professional Malpractice, Gross Negligence, Negligence, Intentional and Negligent

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 16 of 110 Pg ID 16

Infliction of Emotional Distress, Inverse Condemnation, Trespass, Nuisance,

Unjust Enrichment, Procedural Due Process, and the Declaratory Judgment Act.

19.

Given the devastating, permanent effects oflead exposure, and the

severe health risks that would be presented by the continued presence of

Legionella in the Flint water supply, it is imperative that Defendants' conduct

related to the Flint Water Crisis be fully investigated and Defendants be held

accountable to the extent they caused Plaintiffs and the Class injury. That is

exactly what this suit seeks to do.

II. JURISDICTION AND VENUE

20.

This Court has jurisdiction pursuant to 28 U.S.C. § 1331, for cases

concerning federal questions and 28 U.S.C. §§ 2201-2202, for cases invoking the

Declaratory Judgment Act. Additionally, this Court has subject matter jurisdiction

over this civil action pursuant to the Safe Drinking Water Act, 42 U.S.C. § 300j-

8(a), and the Lead and Copper Rule, 40 C.F.R. §§ 141.80-91.

21.

This Court has supplemental jurisdiction of the pendant state-law

claims under 28 U.S.C. § 1367.

22.

This Court also has diversity jurisdiction under 28 U.S.C. §

1332(d). The matter in controversy in this suit exceeds $5,000,000, exclusive of

interest and costs. This is a class action in which at least one Plaintiff, Vivian

Kelley, is a citizen of the State of Michigan, and at least one defendant is a citizen

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of a different state in particular, Defendant LAN is a citizen of the State of

Texas, and Defendant Veolia is a citizen of the States of Delaware and Illinois.

23.

Venue is proper in this Court because Plaintiffs' and Class

Members' claims arose in this judicial district, in Flint, Genesee County, pursuant

to 28 U.S.C. §§ 102, 139l(b).

24.

This Court has personal jurisdiction over each Defendant because a

Michigan Court would have personal jurisdiction under Mich. Comp. Laws §

600.701 and Mich. Comp. Laws § 600.705.

III. PARTIES

A. Plaintiffs

25.

Plaintiff, Frances Gilcreast, resides at 4322 E. Mt. Morris Road,

Mt. Morris, Michigan 48458. Ms. Gilcreast owns multiple propetiies in Flint,

Michigan that are serviced by water provided by the City of Flint. Ms. Gilcreast

has suffered damages as a direct and proximate result of Defendants' conduct

described herein.

26.

Plaintiff, Vivian Kelley, is a resident of Flint, residing at 1301

Eldon Baker Drive, Flint, Michigan 48507. Ms. Kelley is serviced by water

provided by the City of Flint. Ms. Kelley has suffered damages as a direct and

proximate result of Defendants' conduct described herein.

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 18 of 110 Pg ID 18

27.

Plaintiff, Estella A. Simpkins, is a resident of Flint, residing at

3716 Providence Street, Flint, Michigan 48503. Ms. Kelley is serviced by water

provided by the City of Flint. Ms. Kelley has suffered damages as a direct and

proximate result of Defendants' conduct described herein.

28.

Plaintiff, Beverly's Restaurant, Cakes & Catering, is a business in

Flint, formally located at 915 S. Dort Hwy, Flint, Michigan 48503. Beverly's

Restaurant, Cakes & Catering was serviced by water provided by the City of Flint

during the Class Period described herein. Beverly's Restaurant, Cakes & Catering

has suffered damages as a direct and proximate result of Defendants' conduct

described herein.

B. Defendants

29.

Lockwood, Andrews & Newnam, P.C. ("LAN P.C.") is a

Michigan professional corporation with its principal place of business at 1311 S.

Linden Road, Suite B, Flint, Michigan 48532. At all times relevant hereto, LAN

P.C. held itself out to the world as a Lockwood, Andrews & Newnam, Inc. ("LAN

Inc.") company. Upon information and belief, LAN P.C. was incorporated in 2008

by LAN Inc. after it was retained by Defendants to conduct studies and reports of

the feasibility of a new water supply for the City of Flint. Upon information and

belief, work and services provided by LAN P.C. were conducted at LAN Inc.'s

Chicago, Illinois location.

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30.

LAN Inc. is a Texas corporation with its principal place of

business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all

relevant times hereto, LAN Inc. conducted business in Genesee County through

Defendant LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532.

LAN Inc. is a full-service consulting firm offering planning, engineering and

program management services, including civil infrastructure engineering and

municipal water treatment and design.

31.

Leo A. Daly Company ("LAD") is a Nebraska corporation with its

principal place ofbusiness at 8600 Indian Hills Drive, Omaha, Nebraska 68114.

LAD is an international architecture/engineering fitm, with nearly 800

professionals in 31 offices worldwide and projects in more than 87 countries and

all 50 US states. Upon information and belief, LAD is the parent company of LAN

Inc. and LAN P.C.

32.

Defendants LAN P.C., LAN Inc., and LAD are referred to

collectively herein as, "LAN."

33.

Veolia North America, LLC ("Veolia N.A.") is a Delaware

corporation with its principal place of business at 200 E Randolph Drive, Suite

7900, Chicago, Illinois 60601. Veolia N.A. designs and provides water, waste and

energy management solutions to communities and industries across the country.

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 20 of 110 Pg ID 20

34.

Veolia Environnement S.A. ("Veolia S.A.") is a French

transnational corporation with its principal place ofbusiness at 36-38 Avenue

Kleber, 75116, Paris, France. Veolia S.A. is a leading global provider of

environmental management services, which include the supply of water, the

treatment and recovery of municipal or industrial effluent, waste collection,

processing and recycling, the supply of heating and cooling services and the

optimization of industrial processes. Upon information and belief, Veolia S.A. is

the parent corporation ofVeolia N.A.

35.

Defendants Veolia N.A. and Veolia S.A. are referred to

collectively herein as "Veolia."

36.

The State of Michigan is the operating entity ofMDEQ. At all

times relevant hereto, State of Michigan was acting in its capacity as manager of

the environmental agency tasked with protecting the environment and the residents

of Michigan from environmental dangers.

37.

The Michigan Department of Environmental Quality ("MDEQ") is

the state agency responsible for implementing and enforcing safe drinking water

laws, rules, and regulations in Michigan, and Flint specifically. MDEQ's

headquarters are located at 525 West Allegan Street, Lansing, Michigan 48909.

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 21 of 110 Pg ID 21

38.

Richard Dale Snyder ("Snyder") is the Governor of the State of

Michigan. At all times relevant hereto, Snyder was acting individually and in his

official capacity as State Governor and top policymaker for the State of Michigan.

39.

Daniel Wyant ("Wyant") is the former Director ofMDEQ. At all

times relevant hereto, Wyant was acting individually and in his official capacity as

Director ofMDEQ.

40.

Liane Shekter Smith ("Smith") is the former Chief of the Office of

Drinking Water and Municipal Assistance for MDEQ. At all times relevant hereto,

Smith was acting individually and in her official capacity as Chief of the Office of

Drinking Water and Municipal Assistance for MDEQ.

41.

Adam Rosenthal ("Rosenthal") is a Water Quality Analyst

assigned to the Lansing District Office of the MDEQ. At all times relevant hereto,

Rosenthal was acting individually and in his official capacity as a Water Quality

Analyst.

42.

Stephen Busch ("Busch") is a District Supervisor assigned to the

Lansing District Office of the MDEQ. At all times relevant hereto, Busch was

acting individually and in his official capacity as District Supervisor. He is

cun·ently suspended without pay.

43.

Patrick Cook ("Cook") is a Water Treatment Specialist assigned to

the Lansing Community Drinking Water Unit ofthe MDEQ. At all times relevant

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 22 of 110 Pg ID 22

hereto, Cook was acting individually and in his official capacity as a Water

Treatment Specialist.

44.

Michael Prysby ("Prysby") is an engineer assigned to District 11

(Genesee County) of the MDEQ. At all times relevant hereto, Prysby was acting

individually and in his official capacity as Engineer.

45.

Bradley Wurfel ("Wurfel") is the former Director of

Communications for MDEQ. At all times relevant hereto, Wurfel was acting

individually and in his official capacity as a Director of Communications for

MDEQ.

46.

Darnell Earley ("Earley") is a former Emergency Financial

Manager for the City of Flint. Early was appointed by Defendant Snyder and the

state of Michigan, and served as Emergency Manager to the City of Flint from

November 1, 2013 until January 12, 2015. At all times relevant hereto, Earley was

acting individually and in his official capacity as Emergency Manager. Earley and

the State of Michigan were the operators of Flint's water distribution system.

47.

Gerald Ambrose ("Ambrose") is a former Emergency Financial

Manager for the City of Flint. Ambrose was appointed by Defendant Snyder, and

served as Emergency Manager to the City of Flint from January 13, 2015 until

April28, 2015. At all times relevant hereto, Ambrose was acting individually and

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 23 of 110 Pg ID 23

in his official capacity as Emergency Manager. Ambrose and the State of

Michigan were the operators of Flint's water distribution system.

48.

Edward Kurtz ("Kurtz") was the Emergency City Manager for the

City of Flint between August 8, 2012 and May 20, 2013. Kurtz made the decision

to cancel the City's water contract with the City of Detroit, decided to use the Flint

River as the source of Flint's water during the transition to a newly constructed

water treatment plant sourced from Lake Huron, and retained LAN to advise him

and the City on how to implement the transition.

49.

Michael Glasgow ("Glasgow") is a Utilities Administrator for the

City of Flint. At all times relevant hereto, Glasgow was acting individually and in

his official capacity as Utilities Administrator for the City of Flint.

50.

Defendants Snyder, Wyant, Smith, Rosenthal, Busch, Cook,

Prysby, Wurful, Earley, Ambrose, Kurtz, and Glasgow are referred to collectively

herein as the "Individual Defendants." The Individual Defendants, along with the

State of Michigan and MDEQ are referred to collectively as the "Government

Defendants." LAN, Veolia, and the Government Defendants are referred to herein

as simply, "Defendants."

51.

Jane/John Doe Nos. 1-100, various other individuals, firms, and/or

corporations, not named as Defendants herein, may have participated in the events

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that caused Plaintiffs' and the Class's injuries. Plaintiffs reserve the right to

subsequently name some or all of these persons as defendants.

IV. FACTUAL ALLEGATIONS

A. The City of Flint and Its Residents

52.

The City of Flint, Michigan is located along the Flint River,

approximately 60 miles northwest of Detroit. Flint sits in Genesee County and is

the largest city in the county. According to the 2015 census, Flint is home to

99,002 residents, 27.3% (approximately 27,000) of whom are under 18 years of

age and 8% (approximately 8,000) of whom are under 5 years of age. More than

half of Flint's residents are African American. There are more than 50,000

housing units in Flint, Michigan and approximately 55% of those units are owner-

occupied.

53.

Like the residents of any American city, residents of Flint rely on a

steady supply of safe and clean water to go about their daily lives. Flint also has

thousands of commercial and other non-residential properties whose owners rely

upon clean and safe water.

54.

Flint's relative prosperity has paralleled that ofthe American

automotive industry, growing exponentially during the first half of the twentieth

century but experiencing catastrophic downturns in the last forty years as domestic

car companies shuttered some plants and moved others. Flint's fate has been

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particularly tied that of its largest employer, General Motors. When General

Motors downsized in the 1980s, closing facilities and laying off workers, Flint

similarly witnessed substantial economic turmoil that continues to date.

55.

According to the most recent census, 41.6% of Flint's citizens-

Plaintiffs here- live at or below the poverty level. The median household income

in Flint is just $24,679- 7% lower than the median income in Michigan and 54%

lower than the national median income.

56.

In 2011, Flint's finances reached a critical place: an audit

estimated a $25 million deficit overall and Flint's water supply fund showed a $9

million deficit. In 2011, Governor Snyder declared Flint to be in a financial

emergency and the City entered receivership, with responsibility for governance of

the City and operation of its utilities and other services, including its water supply,

under the direction of Emergency City Governors who were appointed by the

Governor and employed by the State.

57.

Governor Snyder appointed Michael Brown as the Emergency

Financial Manager in Flint effective December 1, 2011. The democratically

elected offices of Flint were subordinate to Brown. According to state

Congressman Dan Kildee, Brown was appointed to "simply do one thing and one

thing only, and that's cut the budget- at any cost."

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B. The City Switches Water Sources

58.

Many decades ago, the City of Flint drew its water from the Flint

River. This changed in 1967 when the City began purchasing its water through the

Detroit Water and Sewerage Department ("DWSD") as its principal water supply,

with the Flint River serving as a backup source in the event of water shortage or

interruption of service from the principal source.

59.

As part of its receivership, Flint began exploring ways to decrease

costs associated with its water and sewer system. Water and sewer costs were the

single largest expenditures in Flint's budget, rendering them obvious targets for

cuts to address Flint's financial crisis. According to a September 2011 report by

Rowe Professional Services, Flint could save money if it purchased its water from

Karegnondi Water Authority (KWA) rather than the Detroit Water and Sewerage

Department. However, because the KWA would require substantial new

construction work, an immediate switch away from DWSD water would require

Flint to reopen its shuttered municipal water treatment plant, which sourced its

water from the Flint River.

60.

In August 2012, Governor Snyder appointed Kurtz as Flint's new

Emergency Manager. Four months later, Michigan Treasury officials met with

Flint leaders to discuss alternative sources for Flint's drinking water, including the

Flint River. The officials agreed to study two potential options for water sources:

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remaining with the Detroit Water and Sewer Department or switching to Genesee

County's KWA.

61.

In February 2013, Tucker, Young, Jackson & Tull, Inc. ("TYJT"),

an engineering consulting firm retained by the State of Michigan, issued a report

assessing the water supply alternatives for the City of Flint. According to its

report, TYJT was retained "to provide an analysis of the water supply options to

assist the Treasurer [of the State of Michigan] to provide an analysis of the water

supply options to assist the Treasurer in determining any potential risk and the best

course going forward for supplying potable water to the City of Flint."

62.

The TYJT assessment concluded that the cost of continuing to

obtain water from Detroit likely would be lower than the costs oftransitioning to

the proposed KWA treatment plant. However, the report also noted that Flint had

an interest in obtaining water "autonomy" vis-a-vis Detroit, and that transitioning

to the KWA would serve that interest.

63.

Although TYJT's report specifically noted that its assignment

included advising the State on how to supply "potable water to the City ofFlint,"

the words "safe" and "safety" do not appear in the report. Additionally, while the

report noted that questions had been asked as to whether there was a "transition

plan" in place for the period during which the new KWA plant was under

construction, and water was to be supplied from the Flint River, the report failed to

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 28 of 110 Pg ID 28

identify the need to consider the health and safety issues that should have been

considered in developing any such transition report, and did not include any

assessment of those health and safety issues. Instead, the assessment in the report

included only a discussion of financial considerations associated with the transition

to the KWA, as well as the so-called "autonomy" interest that ultimately overrode

the relatively cost effective alternative of remaining with the Detroit water supply.

64.

On March 25, 2013, the Flint City Council voted to join KWA.

The vote had no legal effect because, due to the receivership, the Emergency

Manager had sole authority to authorize such a change.

65.

The day after the City Council's vote, on March 26, 2013, Busch,

the District Supervisor of the MDEQ emailed Wyant regarding the proposal to rely

on the Flint River for Flint's water. In that email, Busch outlined concerns

regarding the health risks posed by switching to the Flint River as a water source.

Specifically, he noted that use of the Flint River would, "[p]ose an increased

microbial risk to public health," and "[p]ose an increased risk of disinfection by-

product." Despite this feedback, Wyant, the Director of the MDEQ, wrote Andy

Dillon, Michigan's Treasurer to report that "[a]ll indications are that we are

supportive" ofjoining KWA and using Flint's water as opposed to the DWSD.

66.

Three days after Director Busch outlined his concerns, Emergency

Manager Kurtz signed a resolution authorizing Flint to enter a contract with KWA.

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Treasurer Dillon approved that decision in April, 2013. In doing so, Dillion

expressly noted that he was relying in part on the MDEQ's support of the project

as well as Emergency Manager Kurtz's "representations that this deal will lead to

substantial savings for the City over the coming decades."

67.

In or around June 2013, Emergency Manager Kurtz hired LAN

to advise the City with respect to using the Flint River as the City's water source

during the constmction of the new KWA treatment plan, which was projected to

take approximately two years. LAN, which according to a January 15, 2015 City

of Flint document entitled "Water System Questions and Answers," had previously

advised the City regarding the design of an upgrade to the Flint Water Plant and

that "quality control could be addressed."

68.

In deciding to proceed with the transition to the Flint River, the

City of Flint noted LAN's "extensive experience in this field," and relied upon

LAN's identification of the "engineering, procurement, and constmction needs" for

the project." Although the City recognized that water from the Flint River "would

be more difficult to treat," the City concluded, based on LAN's recommendations,

that the Flint River was "viable as a source" of the City's water. See City of Flint,

Water System Questions & Answers (Jan. 13, 2015), available at

http://mediad.publicbroadcasting.net/p/ michigan/files/20 1512/CoF-Water-System-

FAQ-1-16-2015.pdf. LAN continued to advise the City with respect to its

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transition to the Flint River through 2015, and ultimately was paid more than $3.8

million for its engineering services. City officials, including then-Mayor Walling,

relied upon LAN's advice in pronouncing the City's water to be safe.

69.

In October 2013, Defendant Earley stepped in as the Emergency

Manager for Flint. Emergency Manager Earley rejected an offer by DWSD to

continue purchasing water from Detroit until the KWA pipeline could be

completed and the City prepared to switch to the Flint River in April, 2014.

70.

On April9, 2014, the City received the necessary permits from

MDEQ to draw Flint River water for distribution as the supply source for its water

distribution system during the multi-year transition to the new KWA facility.

71.

According to the official Michigan website, the MDEQ, "has

primary enforcement authority in Michigan for the Federal Safe Drinking Water

Act under the legislative authority of the Michigan Safe Drinking Water Act. As

such, the division has regulatory oversight for all public water supplies, including

approximately 1,500 community water supplies and 10,000 non-community water

supplies. The program regulates the water well drilling industry. Michigan has

nearly (1.12 million) households served by private wells, with approximately

15,000 domestic wells drilled each year. The DEQ also investigates drinking

water well contamination, and oversees remedial activities at sites of groundwater

contamination affecting drinking water wells."

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72.

Despite receiving these permits, the water system was not ready to

become operational. According to an email from Flint's Laboratory & Water

Quality Supervisor Glasgow on April 14, 2014,

I have people above me making plans to distribute water ASAP .... I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon . . . . If water is distributed from this plant in the next couple weeks, it will be against my direction.... I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.

73.

Glasgow's fears were well founded. The Flint water system was

not prepared for the switch to Flint River water. The Flint River, it turned out, was

contaminated with rock-salt chlorides washed into the river from road surfaces

over the course of many harsh Michigan winters. The level of chlorides in the

Flint River was eight times the levels provided in DWSD water. Chlorides are

highly corrosive, and must be neutralized with anticorrosive agents before entering

public water systems.

74.

Eleven days after this email was sent, on April25, 2014, Flint's

water system officially switched to the Flint River without implementing a

necessary corrosion control protocol or otherwise addressing the concerns raised in

Defendant Glasgow's email.

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C. Use of Flint River Water Immediately Causes Serious Problems Including Bacteria Growth, Buildup of Dangerous Chemicals

7 5.

Within weeks of switching water sources, complaints began to

pour in from residents regarding the smell, taste, and color of the drinking water.

76.

Despite these complaints, then-Mayor Dwane Walling called the

water a "safe, quality product," and claimed that "people are wasting their precious

money buying bottled water."

77.

His assurances of safety provided little comfort to residents who

began to report that the water was making them ill. These concerns proved

accurate when, on August 14, 2014, Flint's water tested above legal limits for total

coliform and E. coli bacteria. The City issued boil water advisories on August 16,

2014 and September 5, 2014 in response.

78.

To address the bacteria problem, the City treated the water with

additional chlorine. However, as has been well known for decades, that in

corroded pipes, chlorine preferentially reacts with the bare metal, instead of

attacking solely bacteria. The addition of substantial amounts of chlorine to a

water supply is thus ineffective in treating bacteria.

79.

The use of chlorine to disinfect water produces various disinfection

byproducts, including trihalomethanes (often referred to as Total Trihalomethanes

or "TTHM"). In the presence of bare pipes not protected by a corrosion control

protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless.

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High dosages pose serious health risks, however. For this reason, the EPA and

various state agencies regulate TTHM levels.

80.

Almost immediately following Flint's bacterial problems, it

became apparent that Flint's TTHM levels were alarmingly high. This should have

been a red flag. It is well known in the scientific community that high TTHM

levels can be a symptom of unprotected and corroding pipes.

81.

According to the World Health Organization (emphasis added):

Chlorine .... acts as a potent oxidizing agent and often dissipates in side reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing agents (hydrogen sulfide [H2S], manganese(II), iron(II), sulfite [S032-], Be, iodide [I-], nitrite). From the point of view ofDBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may be fast and result in the consumption ofchlorine.

82.

That is exactly what happened in Flint's water distribution system.

To Flint, it seemed that the initial dosages of chlorine were not effective in treating

bacteria, so they added more chlorine. Unfortunately, the problem was not that the

dosage of chlorine was too low to treat the bacteria; rather, the chlorine was

preferentially reacting with the bare pipes instead of solely attacking the bacteria.

The pipes were bare because the Flint River's corrosive water had stripped away

the pipe's protective coating. Now Flint had a second problem: the excess

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chlorine generated high levels ofTTHM. On December 16, 2014, Flint's water

tests revealed TTHM levels in excess of federal limits.

83.

Soon thereafter on December 31, 2014, the first round oflead

monitoring results showed 90th percentile lead level result of 6 parts per billion

with two samples above action levels for lead (15 parts per billion). Importantly,

however, these samples were not necessarily drawn from the highest risk homes as

required by various environmental regulations.

84.

None of the Governmental Defendants notified the public of these

initial test results. However, on January 12, 2015, in response to water quality

concerns, the state installed water coolers in state offices in Flint and gave state

employees the option to use bottled water and provide bottled water to visitors.

Unfortunately, the people of Flint were not given these options, resources, or

information.

D. Concerns Regarding Flint's Water Multiply Exponentially as Michigan Experiences an Outbreak of Legionnaires Disease and Initial Lead Concerns Emerge

85.

As City and State officials were beginning to assess the extent of

Flint's TTHM problems, another problem emerged in the summer of2014- the

Michigan Department of Health and Human Services (MDHHS) reported an

outbreak of Legionnaires' disease.

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 35 of 110 Pg ID 35

86.

Legionnaires' disease, or legionellosis, is a severe form of

pneumonia which, when treated early enough, has a mortality rate of 20%; if left

untreated, the mortality rate rises to 80%. Infection in humans occurs when water

droplets contaminated with Legionella bacteria are inhaled or when water

containing Legionella enters the trachea. Legionella has been extensively studied

and the conditions for likely outbreaks ofthe disease are well understood.

87.

Critically, Michigan and the MDEQ knew at least as early as

October 1, 2014, that one ofthe causes of the bacterial contamination was the

existence of iron pipes in the City's water distribution system. According to a

briefing statement prepared by MDEQ and sent to Governor Snyder:

Most ofthe city's 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal cotTosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development ofbiofilms, layers of bacteria that attach to the interior pipe wall.

88.

In addition to a rise in the reported incidence of Legionnaires'

disease, MDHHS first noted another potential problem related to Flint's water in

September 2014. According to an internal memo not circulated to the public until

much later, MDHHS warned that lead poisoning rates "were higher than usual for

children under age 16 living in the City of Flint during the months of July, August

and September, 2014."

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89.

Despite this knowledge, the Government Defendants took no steps

to address the City's corrosion control problems. To the contrary, officials took

affirmative steps to avoid publicly recognizing the role of corrosion in Flint's

water problems.

90.

On October 13, 2014, General Motors announced that it would

stop using water from the Flint River at its engineering plant due to fears that it

would cause corrosion. In response, Defendant Prysby wrote to Defendants Busch,

Smith and others that the Flint River water had elevated chloride levels. He stated

that "although not optimal[,]" the water was "satisfactory." He noted that he had

"stressed the importance of not branding Flint's water as 'corrosive' from a public

health standpoint simply because it does not meet a manufacturing facility's limit

for production."

91.

Despite the MDEQ's report that Flint's water tests revealed TTHM

levels in excess offederal law, on January 6, 2015, Flint's former mayor, Dayne

Walling, told Flint's residents the water was safe, assuring them that his family

used it.

92.

Three days later, on January 9, 2015, University of Michigan-Flint

water tests revealed high lead levels in two locations on campus, causing the

university to tum off certain water fountains.

29

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 37 of 110 Pg ID 37

93.

Despite the well-known problems with bacteria and TTHMs and

the slowly emerging concerns regarding lead contamination and Legionnaires'

disease, Emergency Manager Earley rejected pleas by City Council members to

stop using Flint River water and return to DWSD. Earley stated it would be too

expensive to switch back to DWSD as Flint's water source; however, some reports

indicate that Earley rejected an offer from DWSD to waive the $4 million

reconnection fee if Flint wished to switch back to Detroit water.

94.

Instead of switching back to the DWSD, additional assurances of

the water's safety were relayed to residents. On January 13, 2014, Flint's

Department of Public Works published a letter regarding Flint's water and the

City's response. The letter was signed by Defendants Croft, Walling, and

Ambrose and purported to assure concerned citizens that the City was taking steps

to address the bacteria and TTHM problems with Flint's water. Critically absent

from this letter was any mention of the role of corrosion in causing Flint's

problems- despite internal documentation that they knew corrosion was involved

or any warnings related to lead exposure or the presence ofLegionella

contamination.

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 38 of 110 Pg ID 38

E. LAN and Veolia- Retained to Render Flint's Water Safe- Do Just the Opposite, Worsening Flint's Corrosion and Lead Problems

95.

In the midst of growing concerns about the safety of its water, Flint

engaged two engineering companies to provide their professional opinion

regarding the necessary changes to render the water compliant with state and

federal laws.

96.

First, the City engaged LAN. LAN had previously advised the

City in connection with an upgrade to the Flint Water Plant and was not required to

submit a bid for the new job. Rather, its services were retained by resolution. On

June 26, 2013, it was resolved by Emergency Manager Kurtz, that the City would

"enter into a Professional Engineering Services contract with Lockwood, Andrews

& Newnam, Inc. for the administration of placing the Flint Water Plant into

operation using the Flint River as a primary drinking water source at a cost of

$171,000.00." In addition to Kurtz's signature, the resolution was also approved

by Peter M. Bade, the Chief Legal Officer and Defendant Ambrose who was acting

as the Finance Director at the time.

97.

Initially, the City hired LAN to complete an "Operational

Evaluation Repott 'OER' in conformance with EPA guidelines with the goal to

determine the cause(s) of high levels ofTTHM and evaluate possible solutions."

The U.S. EPA.'s guidelines for completing an OER include examining whether

31

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 39 of 110 Pg ID 39

there has been a change in water source or quality which includes an examination

into the pH of the water. Additionally, the guidelines require an examination into

whether there has been any change in chemical applications including changing

dosage or chemicals.

98.

The scope ofLAN's assignment expanded over time and LAN

ultimately was paid approximately $3.8 million for work it performed in

connection with the Flint water system between 2013 and 2015. As recently as

November 2015, LAN was retained pursuant to a $907,000 "add-on" to its existing

contract to advise the City regarding the transition to the new KWA plant.

Throughout the relevant time period, City officials relied on LAN to use its

professional expertise to properly advise them on how to maintain the safety,

quality and reliability of the City's water supply.

99.

In addition to its reliance upon the professional services provided

by LAN, Flint also issued an Invitation to Bid for Professional Water Consultant

Engineering Services. No other firm submitted a bid. Despite the extensive nature

of the services requested, the price ofVeolia's bid was only $40,000. The City

sought to engage an engineering company with a broad scope of work to "review

and evaluate the water treatment process and distribution system, provide

recommendations to maintain compliance with both state and federal agencies, and

assist in implementing accepted recommendations." The Invitation to Bid further

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 40 of 110 Pg ID 40
specified that the engineering firm would be asked to provide an "[e]valuation of the City's processes and procedures to maintain and improve water quality," and a "[r]eport that outlines recommendations that will improve the water treatment and distribution system."
I00. In response, Veolia submitted a bid and the City engaged Veolia's services. On February 10, 2015, Veolia and the City issued a joint press release to the community at large, indicating that Veolia was an "urban water expert" in "handling challenging river water sources" and that it would essentially be evaluating all of the City's water treatment processes.
101. The press release contained no limitation on Veolia's scope of work. David Gadis, the Vice President ofVeolia North America's Municipal & Commercial Business stated, "We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint." He continued, "We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water." Based on these representations, the people of Flint had every reason to rely on Veolia' s subsequent representations of safety.
102. LAN's and Veolia's performance of their professional duties fell far short of the appropriate standard of care employed by an engineer of ordinary
33

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 41 of 110 Pg ID 41
learning, judgment, or skill. Specifically, LAN' s and Veolia' s professional negligence took two forms: (1) a failure to conduct a root-cause analysis that would have identified the need for corrosion control, and (2) the recommendation to add ferric chloride which rapidly increased the rate of corrosion in Flint and, correspondingly, the amount oflead that leached into Flint's dtinking water.
1. LAN and Veolia Fail to Conduct a Proper Root Cause Analysis or Recommend Corrosion Control.
103. Both LAN and Veolia were hired to ensure Flint's water system was compliant with federal and state environmental statutes after tests revealed TTHM concentrations in excess of federal limits. In February 2015, LAN issued its report "Trihalomethane Formation Concern," and on March 12, 2015, Veolia issued its report, "Flint Michigan Water Quality Report." Critically absent from either report was a root cause analysis identifying corrosion as a cause of Flint's high TTHM levels. LAN's and Veolia's failure to perform a root cause analysis constituted professional negligence.
104. A root cause analysis is a process designed for use in investigating and categorizing the root causes of events with safety, health, environmental, quality, reliability, and production impacts. The purpose of a root cause analysis is to identify why a given event occurred in addition to describing what occurred. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event.
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 42 of 110 Pg ID 42
105. Providing engineering recommendations for addressing an event (such as high TTHM levels) without performing a proper root cause analysis to understand why the event occurred is the equivalent of a doctor performing heart surgery after a patient complains of chest pains - certainly surgery may be necessary to address the underlying cause of the patient's chest pains, but one cannot know without investigating the cause of the patient's symptoms.
106. LAN and Veolia should have done a proper root cause analysis to determine the cause of the high TTHM concentrations, but they negligently did not. Had they done so, LAN and Veolia would have discovered that the Flint River, like many urban rivers, was highly contaminated with salt from road deicing operations that was likely corroding Flint's pipes. Salt is composed of sodium and chloride. Chloride is known to be very corrosive to iron pipes. Having identified the root cause, they would have prompted the City to address the root issue- a course of action which would have prevented almost all of the tragic consequences that actually followed. Instead, both LAN and Veolia myopically focused on what they believed to be the sole cause ofTTHM- poor disinfection effectiveness.
107. LAN's and Veolia's failure to conduct a root cause analysis recognizing the corrosion's role in Flint's water problems is truly inexplicable. Indeed, several characteristics of Flint's water system and related problems should
35

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 43 of 110 Pg ID 43
have placed LAN and Veolia on high alert that pipe corrosion was a likely cause. The most rudimentary analysis would have confirmed this. Indeed, LAN and Veolia ignored several red flags that should have alerted them to the extensive corrosion and pH problems with Flint's water system.
108. For example, it should have been obvious to LAN and Veolia- as professed experts on water quality and treatment issues- that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations during many Michigan winters. It is well known that chloride concentrations in northern U.S. rivers have increased dramatically over time with average concentrations approximately doubling between 1990 and 2011. This phenomenon is particularly evident in cold, urban settings, such as Flint, Michigan, where there is both significant snowfall and dense roadways requiring de-icing. Chloride contamination should have been obvious to water-engineering specialists such as LAN and Veolia given these characteristics.
109. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey ("USGS"), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. City of Flint, City ofFlint 2014 Annual Water
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 44 of 110 Pg ID 44
Quality Report (20 14), https://www.cityofflint.com/wp-content/uploads/CCR-
2014.pdf~
110. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint's prior water source, would have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight-times more chloride than the DWSD-supplied water.
111. The Flint River water also had an extremely high chloride-tosulfate mass ratio ("CSMR") of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-tosulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint's CSMR posed serious corrosion risks.
112. The City's inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the U.S. EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine was caused by corroded pipes. Flint's inability to treat E. coli with chlorine- and the resulting TTHM problem- should have placed LAN and Veolia on notice that Flint's pipes
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 45 of 110 Pg ID 45
were corroding and releasing lead and other materials into the drinking water supply.
113. The uptick in reported cases of Legionnaires' disease, reported during a press conference prior to LAN's and Veolia's retention, should have similarly put LAN and Veolia on notice that Flint's water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires' disease, grows on the film on the inside of pipes and is found in potable water. Legionella can exist in water distribution systems, including homes, hospitals, hotels, and any other building supplied with water. Legionella is transmitted into the air by plumbing equipment such as faucets, showerheads, hot water tanks, humidifiers, respiratory therapy equipment, and whirlpool baths where it is then inhaled, resulting in infection.
114. One of the most common causes of Legionnaires' disease is exposure to impacted potable water. While Legionella is found widely throughout the environment, it is fairly rare that an outbreak occurs. Outbreaks are related to environmental factors, not person-to-person exposure. Flint's outbreak of Legionnaires Disease indicated the presence ofLegionella bacteria in Flint's pipes and, relatedly, the likely presence of pipe corrosion.
115. Legionella exhibits several properties that allow them to persist in extreme environmental conditions such as low and high temperatures, presence of
38

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 46 of 110 Pg ID 46
disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are in warm water between 35° and 46° Celsius (C) (95°-114.8° Fahrenheit (F)). These environmental conditions promote and protect Legionella growth due to the association between Legionella and biofilms, as well as their symbiotic and parasitic interactions with other microorganisms. They are also ideal conditions for pipe corrosion.
116. Legionnaires' disease is associated with biofilms and corrosion in piping systems, and water with a pH in the range of 5.0 to 8.5. All of these conditions were present in the Flint water supply, yet neither LAN nor Veolia made any recommendations to treat the water to prevent or abate an outbreak. LAN and Veolia should have known that the outbreak of Legionnaires' disease was related to corroding pipes, and should have recommended steps to abate the corroded pipe and conditions causing corrosion.
117. Moreover, in constructing and maintaining drinking water systems, operational and procedural efforts must be taken to prevent the growth of Legionella, including an assessment of the quality of the source water and the installation, operation, and maintenance of systems to protect the installations from sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 47 of 110 Pg ID 47
118. Finally, just the color of Flint's water should have led any reasonable engineer to the conclusion that Flint's pipes were dangerously corroded. The source of Flint's water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint's water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
119. Had LAN and Veolia conducted a proper root cause analysis, or even simply paid attention to any ofthe myriad warning signs presented to them, they would have been alerted to the significant corrosion problem and the lack of a proper corrosion control protocol.
120. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: "Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem... Lead corrosion products observed on lead pipes include lead(II) carbonates and phosphates and, more recently, lead(IV) oxide (Pb02(s)). Solubility and dissolution rates of corrosion products are affected by water chemistry
40

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 48 of 110 Pg ID 48
parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual."
121. To address systems such as Flint's that still incorporate lead pipes, the federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule (LCR) in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
122. Flint's lack of a corrosion control protocol constituted a clear violation of the EPA's Lead and Copper Rule. Given this violation, Veolia's conclusion in its March 12, 2015 report that its "review of water quality records for the time period under our study indicates compliance with State and Federal water regulations" was clearly false.
123. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia's report states, "The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water." The report explains that, "Polyphosphate addition will not make discolored water issues go away." Thus, rather than recognizing that
41

2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 49 of 110 Pg ID 49
corrosion control was required to render Flint's water system compliant with federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not have a corrosion control protocol and undermined the importance of installing one by stating that it was unlikely to be effective in addressing discoloration (without the slightest mention of the urgent need to implement this to address the severe lead contamination in the water). Even Veolia's suggested dosage, 0.5 mg/L was far too low. The City is now adding four to eight times as much phosphate, 2 to 4 mg/L.
124. Veolia knew or should have known that the Flint water system was in violation of federal safe drinking water standards. Its affirmance that Flint was in compliance with federal environmental standards- a false assurance that Flint's water was safe- wrongly instilled confidence in Flint's water on behalf of both the City and its residents. As a direct and proximate result, Flint did not take further steps to resolve its water problems and the City's residents continued to drink the water.
125. LAN, too, knew or should have known that Flint's water was in violation of federal regulations. It should have immediately alerted Flint and its citizens to the corrosive blight eating away at Flint's pipes and poisoning its residents; instead, it produced a bland report that implicitly endorsed Flint's policy of neglect.
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 50 of 110 Pg ID 50
126. "Lead has been a challenge and a bane for water suppliers since historical times.... The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases oflead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births." Dr. Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 201 0) (hereinafter, "IWA Guide").
127. LAN and Veolia should have quickly realized that the pipes were corroding and releasing lead and other elements into Flint's water, and that the corrosive water was coursing through resident's homes and businesses. LAN and Veolia negligently failed to make these basic observations and, as a direct and proximate result, pipes throughout Flint corroded. Had LAN and Veolia conducted any proper root cause analysis, they would have known that corrosion was causing Flint's TTHM levels as well as a related lead problem. Their failure to conduct the proper analysis constituted professional malpractice.
2. LAN and Veolia Recommend Adding Ferric Chloride to Flint's Water.
128. Not only did LAN and Veolia fail to conduct any proper root cause analysis, they affitmatively made Flint's corrosion problem worse by recommending the addition of ferric chloride - a vety potent, corrosive acid-
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 51 of 110 Pg ID 51
without the addition of an alkaline buffer to raise the pH. This exacerbated the problems with Flint's water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
129. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out ofthe water at the treatment plant. Ferric chloride is highly acidic and corrosive and, if unbuffered by an alkaline substance, will attack the pipes throughout the distribution system causing lead and other materials from the pipes to be released into the drinking water. Accordingly, it is universally agreed that to reduce corrosion, some form of phosphate or other corrosion control must be added to coat the pipes. This industry practice applies to minimizing the impact of ferric chloride, and indeed, chloride from other sources (e.g., the Flint River). And, as discussed above, the requirement to add a corrosion control is mandated by the Federal Safe Drinking Water Act.
130. Veolia's March 2015 report states that prior to arriving at its conclusions, Veolia undertook "laboratory testing" and concluded that, "[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended." Veolia acknowledged that its recommended increase was significant: "This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year."
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 52 of 110 Pg ID 52
131. Specifically, Veolia's report states:
Increase of Ferric Chloride- Four coagulants were tested by Veoliaferric chloride, ferric sulfate, polyaluminum chloride (PAC!) and aluminum chlorohydrate (ACH). Ferric chloride and ACH were found to be the best choice of product for effectiveness in removing TOC, a precursor to TTHM formation. Current ferric chloride dosages are too low and dosages of I 00 mg/L or more are recommended. Again, please note, that the amount of chemical needed changes with the nature of the river and as such, water must be tested multiple times a day with corresponding changes in chemical dosages. This increase to 100 mg/L is twice what is currently beingfed and much higher than what had previously been fed last year. The increase in chemical costs could be up to $1,000,000 per year. This change in dosage (using ferric chloride) can be made immediately without state permit revrew. (Emphasis added.)
132. At the same time that Veolia gave the unqualified opinion that the
current dosage is "too low," and should be doubled, Veolia knew that the City had
no corrosion control protocol and knew (or should have known) that corrosion was
already a significant problem in Flint. Veolia's directive that the City double its
dosage of ferric chloride was unqualified and in no way warned that ferric chloride
could increase corrosion. Moreover, Veolia failed to inform the City that in order
to increase the dosage offerric chloride (or indeed to use any chloride at all) it
must also raise the water's pH and use phosphate to protect the pipes from
COrrOSIOn.
133. In August, 2015, LAN made the same recommendation to increase
the dose of ferric chloride:
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 53 of 110 Pg ID 53
Increasing the dose rate of ferric chloride is an operational change that can easily be implemented without the need for any additional equipment. Test results show that over 40% THMFP removal can be obtained with a dosage of 60 mg/L Fe3+ or higher. Increased dosing of ferric chloride would be most ideal coupled with regular raw water TOC monitoring so that TOC levels would dictate the appropriate ferric chloride feed rate. 134. LAN and Veolia should have told the City that the addition of
phosphate and a pH buffer was mandatory to prevent the leaching of lead from
pipes- especially if the ferric chloride concentration was increased. No such
recommendation was made.
135. As a direct and foreseeable result ofLAN's and Veolia's
recommendations, Flint increased the ferric chloride dosage without adding
corrosion controls.
136. The ferric chloride added to Flint's water system at LAN's and
Veolia's suggestion caused substantially greater amounts oflead to leach into
Flint's water supply.
137. The impact of acid on metal, which would include the pipes and
appliances in Flint, is well known to water experts. As indicated by the Centers for
Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection.... Lead
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 54 of 110 Pg ID 54

and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home.... The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system.... The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.

Centers for Disease Control and Prevention, Fluoridation ofDrinking Water and Corrosion ofPipes in Distribution Systems Fact Sheet, http://www.cdc.gov/fluoridation!factsheets/engineering/corrosion.htm (last updated July 10, 2013).
138. A graph prepared by the Flint Water Study Group from Virginia

Tech University shows that the pH of Flint's water distribution system became

more acidic after the Veolia Report was issued in March, even as the pH in the

Flint River became less acidic:

8.3
City of Flint- 2015

-Flint River Source Water pH (AveraceJ

8.1

........, Flint Truted Water pH (Avera,;e)

7.9 .

2/27: Flint

7.7

has "optimal

corrosion

7.5

5/1: "Requiring a <corrosloncontrol>studyat the current time

will be of little to no value In thelongtermoontrol of<lead>."
7.3 L'=======:';:======'-----~_J

'"

"" '"'

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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 55 of 110 Pg ID 55
139. The graph above shows that the Flint River had a pH at or above 8.0 S.U. for all of2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint's municipal water supply started dropping steadily from 7.9 S.U. in March (just after Veolia made its recommendation to double the ferric chloride concentration) to 7.3 S.U. in August. This difference is significant. pH is measured on a logarithmic scale, which means that a pH of one whole number, such as 7.0 S.U., is ten times more corrosive than a pH of another whole number, such as 8.0 S.U. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint's water.
140. The graph above is punctuated with quotes from Defendants' emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint's drinking water.
141. On June 24, 2015, the U.S. EPA reached a similar conclusion about the City's addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion oflead in the plumbing network. Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 56 of 110 Pg ID 56
Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added).
142. The corrosivity offerric chloride is well known. Ferric chloride is highly acidic, and has a pH< 1, which is equivalent to battery acid. See James DeWolfe, Guidance Manual for Coagulant Changeover at 52, (AWWA Research Foundation, 2003).
143. The method for addressing the impact of ferric chloride is also well known. Because ferric chloride lowers the drinking water pH to corrosive levels, the standard procedure is to raise the pH to the neutral or even alkali ranges. "The water quality parameters that can impact the corrosion of distribution system and domestic piping systems include pH, alkalinity, TOC, aluminum, sulfate, chloride, hardness, oxygen levels, and disinfectant residual. Corrosion oflead and copper pipes has been described by various researchers... " U.S. EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999) (hereinafter, "U.S. EPA Guidance").
144. The EPA has further explained that, "[c]ontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or enhanced softening is implemented." Id.
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 57 of 110 Pg ID 57
145. This is true because, "[i]fthe raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation." Id.
146. "Enhanced coagulation and enhanced softening may change the chemistry of the water entering the distribution system. Before enhanced coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed.... If the recommended mitigation actions represent a major change in corrosion control, the utility can conduct pilot-scale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals." !d.
147. "The vast majority of U.S. utilities were able to comply with [U.S. EPA' s] lead and copper rule by: l) pH and alkalinity adjustment, most frequently to the pH range of9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble Pb03 deposits through chlorination to high ORP [and sometimes concurrent adjustment to> 9 S.U." IWA Guide at 46.
148. Fresh water can have widely ranging pH values depending on the geology of the drainage basin or aquifer and the influence of contaminant inputs.
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 58 of 110 Pg ID 58
If the water is acidic, lime, soda ash, or sodium hydroxide can be added to raise the pH during water purification processes. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
149. Both LAN and Veolia analyzed the pH in Flint's water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their analysis ofthe pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Flint's water would have been less corrosive and, relatedly, less lead would have leached into Flint's water.
3. Veolia and LAN Mislead the Public, Falsely Assuring Them The Water Was Safe.
150. LAN and Veolia were hired for the express purpose of determining the cause of Flint's water problems and identifYing the corrective measures necessary to render Flint's water system compliant with state and federal regulations.
151. LAN and Veolia entirely failed to satisfY the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint's TTHM levels and, relatedly, caused lead and other materials leaching into Flint's water supply.
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2:16-cv-11173-MAG-APP Doc # 1 Filed 03/31/16 Pg 59 of 110 Pg ID 59
Moreover, a proper root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
152. Despite recognizing that Flint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN and Veolia's reports implicitly and explicitly deemed Flint's water system compliant with federal regulations. By doing so, LAN and Veolia wrongly accorded Flint's water the imprimatur of safety.
153. Accordingly, not only did the City of Flint fail to take the proper steps to render its water system compliant, but Plaintiffs and the Class were wrongly assured they could continue to drink Flint's water. These false assurances had catastrophic results.
F. The Poisoning of Flint's Water & Cover-Ups at Every Level 154. On February 26, 2015, the City of Flint tested LeeAnn Walters's water for lead and the results were dangerously high. According to that test, the water at Ms. Walters's home contained 104 parts per billion (ppb) oflead- nearly seven times the EPA 's 15 ppb limit. The City official who conducted the test, Defendant Glasgow, characterized the result as "very high." Mr. Glasgow informed Ms. Walters, a mother of four, that he was, "[s]orry for this news," but otherwise provided no guidance regarding the relative safety of the water, what
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was being done to solve the problem, or whether Ms. Walters and her family should continue drinking the water.
155. Ms. Walters turned to the EPA for guidance, forwarding the test results to the EPA. Jennifer Crooks of the EPA's Region 5 office immediately reached out to Defendants Busch and Prysby at the MDEQ, "to alert you to the high lead levels reported to a citizen yesterday by Flint Water Dept. ... Mike Glasgow at the plant ... did test it to find that the iron levels were greater than his test would go; GT 3.3. But, because the iron levels were so high, he suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3... Big worries here."
156. Ms. Crooks further explained in her email, "[t]hat the different chemistry water is leaching out contaminants from the insides of the biofilms inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant."
157. Despite these "Big worries" and the risks to at least two small children, MDEQ still did nothing except advise Ms. Crooks that Ms. Walters' home should be re-tested for lead, "after flushing the tap to demonstrate that flushing the tap will reduce the lead concentration."
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158. Ms. Crooks was quick to point out that flushing in advance of sampling would not solve the problem. She wrote, "The City can't just flush in advance of taking the compliance samples, they have to flush the lines on a regular schedule."
159. The Regulations Manager ofthe Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following on February 26, 2015: "Miguel was wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it Phosphates?"
160. On February 27, 2015, MDEQ's Stephen Busch unequivocally and falsely informed the EPA that, "The City of Flint ... Has an Optimized Corrosion Control Program [and] Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results."
161. On March 3, 2015- after the City increased its ferric chloride dosage to address TTHM levels- Ms. Walters's home was retested and showed lead levels of397, more than twenty-six times the legal limit. Again, Michigan, MDEQ, and the professional engineers retained to advise Flint regarding its water system, did nothing to investigate, ameliorate, or inform the public regarding the extreme hazard posed by the City's water supply.
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162. This result again prompted the EPA to contact MDEQ via telephone. MDEQ responded to the EPA in a voicemail, falsely stating, "that the high lead levels at the Walters' home are due to lead sources in the homeowner's plumbing." A subsequent inspection by the EPA revealed this statement to be false. The internal pipes at the Walters' house were all plastic and approved for drinking water use.
163. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of3 )lg/dL. Fearing that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood re-tested for lead on March 27, 2015. This test reported a blood lead level of 6.5 )lg/dL- higher than the CDC's 5 )lg/dL threshold.
164. Ms. Walters brought this infotmation to the attention oflocal health officials. Far from recognizing the danger posed by this result, Ms. Walters's concerns were casually dismissed and even belittled. "He is barely lead poisoned," Ms. Walters was told by a state nurse, "If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation." The same nurse continued, "I am working with kids in their 40's and 50's. It is just a few IQ points ... it is not the end of the world."
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165. Ms. Walters's water was again re-tested on Apri128, 2015. Those tests showed extremely high lead levels between 200 ppb and 13,200 ppb, with an average of2,429 ppb. The legal limit is 15 ppb- accordingly, at the high-end, the lead in Ms. Walters' home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists to investigate the Flint water system. That team, lead by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study which has sought to compile information related to the Flint water crisis. In response to Virginia Tech's results, the City, State, and MDEQ remained silent.
166. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved "preflushing" before collecting samples. According to Mr. Del Toral, "pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water." Pre-flushing, while not expressly prohibited, "negates the intent of the rule to collect compliance samples under 'worst-case' conditions." No public
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announcements were made regarding the existence oflead in Flint's drinking water.
167. Having seen no action from Michigan, MDEQ, or the City in response to its prior letter regarding the Walters' high lead tests, Mr. Del Toral drafted and sent a memorandum to the EPA and several officials within MDEQ including Defendants Smith, Cook, Busch, and Prysby on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA's "major concern from a public health standpoint" was "the absence of corrosion control treatment in the City of Flint for mitigating lead and copper levels in the drinking water."
168. Mr. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint's water was directly related to the City's use of ferric chloride to remove bacteria and reduce TTHM levels. Mr. Toral explained what any reasonable engineer should have already known, "[s]tudies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion oflead in the plumbing network."
169. The importance of collecting samples that accurately depicted real world scenarios - in other words, scenarios where people did not allow their water to run for several minutes before drinking it- was incredibly important because, "compliance sampling results which are reported by the City of Flint to residents
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could provide a false sense of security to the residents of Flint regarding lead levels in the water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water."
170. It also has come to light that Michigan's and the MDEQ's initial tests for lead were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months of2015 were incorrectly labeled as having come from homes with lead service lines when, in truth, the samples had been taken from homes with underground plumbing made of copper, galvanized steel, or other materials that pose lower risks of corrosion, according to the City's own documents.
171. The City's and MDEQ's failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint's drinking water, this failure also constituted a violation of federal environmental laws which require water sampling be done at "high-risk" locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such high-risk homes.
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172. Defendant Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning, Defendant Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location oflead service lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
173. Accordingly, Defendant Glasgow and the MDEQ violated federal environmental regulations by failing to properly collect samples from at-risk homes and, as a result, failed to promptly and fully identify the presence of lead in Flint's drinking water. These failures both delayed con-ective action and wrongly induced a belief among Flint's citizens that the water was safe. Flint's water crisis did not begin to get the attention it needed until Mr. Del Toral's memorandum was leaked to the ACLU and the press, prompting lawsuits and investigations.
174. But even this memorandum failed to prompt the City, State, or MDEQ to action. Instead, and despite being in receipt of information to the contrary, public officials continued to maintain that the water was safe. On July 10, 2015, Defendant Wurfel ofMDEQ stated in an interview with Michigan Public Radio, "anyone who is concerned about lead in the drinking water in Flint can
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relax. It does not look like there is any broad problem with the water supply freeing up lead as it goes to homes."
175. According to internal emails and reports from MDEQ, on July 27, 2015, the MDEQ "scrubbed" Flint's Lead and Copper Rule Report to remove two high lead results before releasing the report to the public - affirmatively misleading the public regarding the health threat posed by Flint's water.
176. Concerns regarding corrosion of Flint's pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed what many had long suspected: the Flint River was substantially more corrosive than Flint's prior water source with about eight times the amount of chloride. In September, Virginia Tech's analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered "hazardous waste." The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
177. As evidence of a massive lead problem mounted in the fall of 2015, MDEQ officials continued to deny any concerns about the water. Defendant Wurfel tried to cast doubt on Virginia Tech's test results and Defendant"Wyant, the Director ofMDEQ, falsely told reporters that the City's use oflime controlled the corrosion and leaching oflead.
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178. On September 24, 2015, Dr. Mona Hanna-Attisha, a pediatrician at Hurley Medical Center, released a study showing that the levels oflead in children tested after the City of Flint started using Flint River water were much higher than before the switch.
179. Specifically, Dr. Hanna-Attisha studied data from blood levels processed at Hurley Medical Center for children under 5 years of age residing in zip codes 48501-48507 and compared Elevated Blood Level (EBL) percentages for the period January 1, 2013 to September 15, 2013 with the period January 1, 2015 to September 15, 2015. An EBL result was defined as a blood level in excess of 5 g/dL. This corresponds with the CDC's recognized blood lead limits. According to her report, 2.1% of blood samples reported EBLs during the pre-switch 2013 period compared to 4% EBLs after the switch. In other words, the incidence of blood poisoning doubled after Flint switched water sources and LAN and Veolia recommended the addition of ferric chloride.
180. Tragically, Dr. Hanna-Attisha's study revealed especially high incidence ofEBLs for children 15 months of age and under. For those children residing in homes where drinking water tested high for lead, the rate of EBL is three times the pre-switch period. But no children in Flint are safe - even among those children who resided in areas of Flint that did not report high lead levels in the water, the incidence oflead poisoning nearly doubled. Moreover, the lead that
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was released from pipes now exists in sediment throughout the system and in the pipes and appliances in resident's homes and businesses, and can become remobilized into the drinking water at any time. This demonstrates the significant impact of the water switch on the entire community: no matter where one resides in Flint, the risk oflead poisoning cannot be escaped.
181. Despite evidence that the Michigan Department of Health and Human Services was aware ofEBLs as early as September 2014, Michigan's HHSD spokesperson, Angela Minicuci, initially reported that blood lead levels in Flint had remained steady since the switch to Flint River. MHHSD later acknowledged that lead levels were increasing consistent with Dr. Hanna-Attisha's findings.
G. Despite Admissions of Wrongdoing, Problems Continue Unabated 182. On October 16, 2015- at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding pipes were causing contamination of the community's water, the City switched back to using water from the Detroit Water and Sewer Authority. 183. In an email dated October 18,2015, from MDEQ Director Wyant to Governor Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized
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corrosion control. He wrote, "I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning."
184. It was not until these mistakes came to light that Defendants took the steps necessary to begin to bring Flint into compliance with federal environmental laws. On October 30, 2015, Defendant Prysby emailed Defendant Glasgow, instructing him to institute the requisite corrosion control.
185. By this point, however, the damage was done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into the homes and businesses of Flint's residents was replacing the pipes.
186. Since the crisis first came to light, various entities have initiated investigations into the persons and entities that caused the crisis. The statesponsored Flint Water Advisory Task Force issued its final report in March, 2016. That report recognized that, "[u]ltimate accountability for Michigan executive branch decisions rests with the Governor," but found misconduct on behalf of several persons and government entities.
187. Likewise, Congress has held hearings related to the Flint crisis, calling several individuals, including Governor Snyder to testify before the
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Committee. Critically, however, neither the state-sponsored Task Force nor the Congressional hearings have resulted in any compensation being awarded to Plaintiffs or the Class, nor have any of these investigations fully examined the role of LAN and Veolia in causing this crisis.
H. Personal and Property Damages Suffered by the Class 188. As a direct, proximate and foreseeable cause of Defendants' conduct, Plaintiffs and the Class have suffered extensive personal and property damage.
1. Lead's Devastating Health Effects and Other Personal Injuries Caused by Flint's Water Crisis.
189. Lead's catastrophic effects are indisputable. According to the EPA, "[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects oflead occur at lower exposure levels in children than in adults. A dose oflead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells."
190. According to the World Health Organization, "lead affects children's brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial
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behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects oflead are believed to be irreversible."
191. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
192. Lead is so harmful that, according to the EPA, "ingestion of lead can cause seizures, coma and even death."
193. The effects oflead exposure are long lasting. The EPA has explained that, "[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth."
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194. Lead is also harmful to adults. The EPA warns that "[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women)."
195. The costs oflead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course of appropriate treatment. Leonardo Trasande and Yinghua Liu, Reducing The Staggering Costs OfEnvironmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (20 11 ): 863870.
196. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning -typically chelation therapy- as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
197. Given the long-lasting risks oflead exposure, and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
198. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires' disease. As explained above, the presence of
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Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires' and at least nine died. Those members of the Class who became infected with Legionnaires' disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants' conduct.
199. Finally, as a direct and proximate result of Defendants' conduct, Plaintiffs and the Class have suffered extreme emotional distress.
2. Flint's Children: Catastrophic Lifetime Losses 200. Flint's most vulnerable- its children- have suffered the most disastrous consequences from lead exposure - diminished potential over the entire course of their lives. The World Health Organization states, "[t]hese costs are sometimes referred to as lost opportunity costs. Using a conservative estimate, the decrease in intelligence attractable to each 1 f.Lg/dl increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial." 201. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical,
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sociological, disability and occupational services, or long-term monitoring and treatment costs.
202. According to an analysis of the economic losses attributable to lead exposure in 2009, "[t]he present value of Michigan's economic losses attributable to lead exposure in the 2009 cohort of5 year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings." Michigan Network for Children's Environmental Health, The Price ofPollution: Cost Estimates ofEnvironmentRelated Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates ofthe fallout from Flint's lead crisis.
203. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
204. As a direct and proximate result of Defendants' conduct, Flint's children have suffered specific, measurable damages in the form oflost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
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3. Property Damages Caused by Defendants' Conduct 205. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants' conduct, as described above, has caused significant property damage. 206. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source oflead and potentially Legionella- thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs' and the Class's real property has been substantially diminished as a result of the continuing questionable safety of Flint's water and existence of corroded pipes and appliances. 207. Although the City has begun adding polyphosphate to its system to reduce the leaching oflead from its service lines, this is unlikely to render Flint's water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface ofthe pipes and prevent lead from leaching into the water supply. 208. The residents' homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain
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corroded until replaced, and continue to be a source oflead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
209. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: "[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains."
210. The Water Research Watershed Center has further explained that, "The cost of corrosion can be expensive. Corrosion can impact you and your family's health, aesthetic quality of your water, waste money, and damage your household piping and fixtures."
211. Not only does corrosion cause the "premature failure ofhousehold plumbing and plumbing fixtures," the Water Research Watershed Center has explained, corrosion also "decreases the efficiency of hot water heaters and may cause premature failure to the heater." Moreover, residents have already reported
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damage to major appliances such as dishwashers and washing machines following Flint's decision to switch water sources.
212. According to emails from Governor Snyder's office, the State estimates that replacing Residents' pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
213. Corroded pipes not only present a continuing health threat, they risk further damage to one's property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
214. Although the City has stated it intends to begin replacing some City-owned pipes, this is far from sufficient to render Flint's water safe. Sergio Kapusta, a fellow at NACE Intemational, an industry organization that develops corrosion prevention and control standards in Houston, has explained that "changing all the mains in the city will not really solve the problem for the homeowners" because the lead piping in these homes probably has been severely compromised. "The corrosion is not going away. It's still there."
215. Plaintiffs and the Class have been left to pay for the damage caused by Defendants. This has proven nearly impossible as many of the City's residents survive on very little money. To make matters worse, the Washington Post has reported that, "many in Flint say banks are refusing to offer refinancing
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that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say."
216. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
217. Moreover, the problems associated with Flint's water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, "[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing."
218. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: "[u]ntil [water] testing and potability is affirmed, it will be difficult to lend," said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to
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Flint's residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require "a continuing and sufficient supply of safe and potable water" to provide home financing.
219. This creates a true catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe. V. CLASS ACTION ALLEGATIONS
220. Plaintiffs bring this action on behalf of themselves and as a class action pursuant to Federal Rules of Civil Procedure, Rule 23 (a), (b)(2) and (b)(3), on behalf of a Class of similarly situated persons and entities, which is defined as follows:
All persons and entities that have resided in, or owned or rented property in, the City of Flint, Michigan since April25, 2014. 221. The following persons or entities are excluded from the Class: Defendants; Defendants' parent companies and their subsidiaries, agents or affiliates; Defendants' officers, directors, management, employees, subsidiaries, agents or affiliates; and federal governmental entities and instrumentalities of the
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federal government including the Judge to whom this case is assigned and the Judge's staff and immediate family.
222. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way.
223. Plaintiffs believe that there are thousands of Class members located in the United States, making the Class so numerous and geographically dispersed that joinder of all members is impracticable.
224. Questions oflaw or fact common to the Class include: (a) whether Defendants engaged in the conduct alleged herein; (b) whether LAN and Veolia committed professional malpractice when they failed to conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control; (c) whether an optimal con·osion control protocol was implemented, as required by the Safe Drinking Water Act and the Lead and Copper Rule, pursuant to 40 C.F.R. § 141.81(d)(4), since April25, 2014, when the switch to the Flint River was made;
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(d) whether Defendants "continue[d] to operate and maintain optimal corrosion control treatment", as required by the Safe Drinking Water Act and the Lead and Copper Rule, pursuant to 40 C.F.R. §141.82(g);
(e) whether Defendants knew or should have known that Flint's water supply indicated the presence oflead;
(f) whether Defendants knew or should have known that Flint's water supply indicated the presence oflegionella;
(g) whether Defendants took steps to conceal the presence of lead in Flint's water supply or otherwise falsely assured Plaintiffs and the Class that Flint's water was safe;
(h) whether Defendants' conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein; and
(i) whether Plaintiffs and Class Members are entitled to damages and other monetary and equitable relief, and if so, in what amount and nature.
225. These and other questions oflaw and fact are common to the Class and predominate over any questions affecting the Class members individually.
226. Plaintiffs' claims are typical of the claims of Class members, and Plaintiffs will fairly and adequately protect the interests of the Class. Plaintiffs and all members of the Class are similarly affected by Defendants' wrongful conduct in that they suffered damages as a direct and proximate result of Defendants' illegal
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conduct. Plaintiffs' claims arise out of the same common course of conduct giving rise to the claims of the other Class members. Plaintiffs' interests are coincident with, and not antagonistic to, those of the other Class members.
227. Plaintiffs are represented by competent counsel with experience in the prosecution of class actions.
228. The prosecution of separate actions by individual members of the Class would create a risk of inconsistent or varying adjudications, establishing incompatible standards of conduct for Defendants.
229. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The Class is readily definable. Prosecution as a class action will eliminate the possibility of repetitious litigation. Treatment as a class action will permit a large number of similarly situated persons to adjudicate their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would engender. This action presents no difficulties in management that would preclude maintenance as a class action.
230. In the alternative, Plaintiffs seek class certification as to particular issues as permitted under Federal Rule of Civil Procedure 23(c)(4). Plaintiffs seek certification as to the questions identified in Paragraph 224 (a) through (g). Plaintiffs respectfully maintain that the class certification as to these issues is
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appropriate, as required by the Rule 23(c)(4) because certification as to particular issues provides a superior to any alternative means of adjudication as it eliminates the possibility of duplicative, inefficient litigation of identical issues. VI. CAUSES OF ACTION
First Cause of Action (Professional Negligence- Engineering Defendants) 231. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 232. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiffs, the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property. 233. As a result, LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would. 234. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2)
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recommending the addition of ferric chloride without concomitant corrosion control.
235. As a direct and proximate result of LAN and Veolia's negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Second Cause of Action (Gross Negligence- All Defendants) 236. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 237. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to their property. 238. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, Defendants gross negligently, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class.
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239. The Government Defendants breached their duty by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint's drinking water, and, consequently, the presence oflead and other contaminants in their homes and rental properties, despite Governmental Defendants' actual or constructive knowledge that this failure to warn would cause harm.
240. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by(!) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result ofLAN's and Veolia's gross negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
241. Defendants' conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
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Third Cause of Action (Negligence -All Defendants) 242. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 243. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 244. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead. 245. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their pro petty. 246. Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred. 247. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint's drinking water, and,
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consequently, the presence oflead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members.
248. As a result of Defendants' breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants' negligence for many years into the future.
249. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release ofthe contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
250. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent ofthe contamination and the threat it poses to human health and safety.
251. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct
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and proximate result of LAN and Veolia's negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
252. As a direct and proximate result of Defendants' negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Fourth Cause of Action (Intentional Infliction of Emotional Distress- All Defendants) 253. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 254. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs and the Class serious emotional distress. Defendants' outrageous conduct in causing, prolonging, and obscuring Plaintiffs' exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that Plaintiffs' distress was certain, or substantially certain to result from their conduct, or Defendants acted in deliberate disregard of a high degree of probability that the Plaintiffs and the putative class would suffer emotional distress as a result. 255. Defendants' outrageous conduct caused severe distress to Plaintiffs and the Class and was the proximate cause of Plaintiffs' injuries.
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256. As such, Defendants breached their duty to exercise reasonable care towards Plaintiffs and the Class.
257. Plaintiffs and the Class suffered serious emotional distress as a direct and foreseeable result of Defendants' conduct.
Fifth Cause of Action (Negligent Infliction of Emotional Distress- All Defendants 258. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs ofthis Complaint. 259. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 260. As alleged herein, Defendants failed to exercise reasonable care which had the direct and foreseeable result of causing Plaintiffs and the Class severe emotional distress.
Seventh Cause of Action <Violation of Safe Drinking Water Act's Notification Requirements-
Government Defendants) 261. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 262. The Safe Drinking Water Act ("SDWA") was passed by Congress in 1974, with subsequent amendments in 1986 and 1996, to ensure and protect the quality of Americans' drinking water. Under SDWA, the United States
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Environmental Protection Agency ("U.S. EPA") is given authority to set the standards for drinking water quality and oversee states, localities, and water suppliers who implement those standards.
263. Through the SDWA, all public water systems in the United States need to follow the standards and regulations set by the EPA. U.S.EPA has set maximum contaminant levels and/or treatment technique requirements for over 90 different contaminants in public drinking water, including microorganisms, disinfectants, disinfections by-products, inorganic chemicals, organic chemicals, and radionuclides.
264. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Libetiies Union of Michigan, and the Natural Resources Defense Council.
265. The Government Defendants operate a "public water system" pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(±); 40 C.F.R. §141.2.
266. Regulations established under the SDWA require that, "...all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements." 40 C.F.R, § 141.80(g).
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267. Since April24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to comply with the requirement that water systems notify customers of the individual results of tap water samples collected and tested for lead within thirty days after the water system receives the results. 40 C.F.R. §§ 141.85(d)(l),(d)(2).
268. For all monitoring conducted since the switch to the Flint River was made on April24, 2015, Defendants have failed to notifY Plaintiffs, the Class and those residing at each sampling site ofthe presence of elevated lead levels in the public water supply.
Eighth Cause of Action (Violation of Safe Drinking Water Act's Requirement to Operate Optimal
Corrosion Control Treatment- Governmental Defendants) 269. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 270. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council. 271. The Government Defendants operate a "public water system" pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(±); 40 C.F.R. § 141.2.
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272. To address corrosion oflead and copper into drinking water, U.S. EPA issued the Lead and Copper Rule (LCR) under the authority of the SDWA. 42 U.S.C §§ 300(f) to 300j-26; 40 C.F.R. § 141.80-141.91. One requirement of the LCR is corrosion control treatment to prevent lead and copper from contaminating drinking water. Con·osion control treatment means utilities must make drinking water less corrosive to the materials it comes into contact with on its way to consumers' taps. The regulations implementing the LCR, 40 C.F.R. § 141.80141.91, "constitute the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions ofthis subpart applies to community water systems and non-transient, non-community water systems (hereinafter referred to as "water systems" or "systems")." 40 C.F.R. § 141.80(a).
273. The LCR establishes a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public education. "These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers' taps." 40 C.F.R. § 141.80(b).
274. The LCR requires systems to monitor drinking water at customer taps. If lead concentrations exceed an action level of 15 ppb in more than 10% of customer taps sampled, the system must undertake a number of additional actions to control corrosion.
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275. As described more fully herein, the lead levels in Flint's water exceeded the thresholds established under the LCR.
276. Since the switch to the Flint River was made on April24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to operate and maintain optimal corrosion control treatment. 40 C.F.R. § 141.82(g).
277. Defendants have failed to maintain optimal corrosion control treatment because it did not treat the water being sold to Flint residents with corrosion-inhibiting chemicals to minimize the amount oflead leaching into the public water supply.
278. The absence of optimal corrosion control treatment caused and continues to cause dangerous amounts oflead to enter the public water supply relied upon by Plaintiffs and the Class.
279. Additionally, the LCR provides that "[a]ny system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in§ 141.84." 40 C.F.R. § 141.80(f). A water system must replace annually, at least 7 percent of the initial number oflead service lines in its distribution system. The initial number oflead service lines is the number oflead lines in place at the time the replacement program begins. The system must
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identify the initial number oflead service lines in its distribution system, including an identification of the portion(s) owned by the system, based on a materials evaluation, including the evaluation required under§ 141.86(a) and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The Government Defendants have yet to comply with these requirements.
Ninth Cause of Action (Inverse Condemnation- Government Defendants) 280. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 281. The actions of the Government Defendants, in switching the Flint water system from water provided by the DWSD to water sourced from the Flint River, constitute an unconstitutional taking of Plaintiffs' property without due process oflaw and without just compensation under Michigan law. 282. Article 10, § 2 of the Michigan Constitution of 1963 provides that "[p]rivate property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law." 283. The Government Defendants caused Plaintiffs' property (including, but not limited to, underground and interior pipes, plumbing fixtures, and appliances) to be actually and physically invaded by water containing corrosive chemicals. These chemicals permanently cmToded and rendered useless
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and valueless Plaintiffs' property, diminished the value of Plaintiffs' real property, and otherwise encroached on Plaintiffs' use and enjoyment oftheir property.
284. The Government Defendants proximately and substantially caused the damage to Plaintiffs' property set forth in this Count through one or more affirmative acts of introducing water containing corrosive chemicals into pipes connected with and flowing into Plaintiffs' property.
285. The Government Defendants undertook the affirmative acts set forth in this Count for a public purpose- namely, to reduce the cost to the City and its residents of providing water to the residents of Flint.
286. Under Michigan law, there is no governmental immunity for violations of state constitutional rights, including the right to due process and just compensation for takings of property for public use.
287. Plaintiffs are entitled to just compensation for the diminution in the value of their property caused by the Government Defendants' affirmative acts, in an amount to be determined at trial.
Tenth Cause of Action (Trespass- Government Defendants) 288. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs ofthis Complaint.
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289. Defendants' negligent, willful, and/or wanton actions and/or intentional failures to act caused an unknown quantity of lead and bacteria to be released into the drinking water for the City of Flint.
290. Defendants' willful, wanton, and intentional failure to act and/or their affirmative choice of action and following course of action caused lead and bacteria to enter and trespass upon the land and realty of the Plaintiffs and the Class and cause an injury to their possession and/or right of possession.
291. Upon information and belief, Defendants had exclusive control over the facilities providing Plaintiffs and the Class water at all relevant times.
292. Defendants took affirmative, voluntary, and intentional actions to provide water to Plaintiffs and the Class in an unsafe manner and/or intentionally to release lead and bacteria into Flint's water supply. Further, after such acts, Defendants undertook affirmative, voluntary, and intentional acts that were insufficient to remedy the condition caused by the release of lead and bacteria into the water supply.
293. At the time that the above described, affirmative, voluntary, and intentional acts were performed by Defendants, Defendants had good reason to know or expect that highly corrosive water would cause large quantities oflead and bacteria to be introduced into the persons and properties of Plaintiffs and Class Members.
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294. The above-described affirmative, voluntary, and intentional acts were performed with the willful intent to cause lead and bacteria to be disbursed through the water onto the land and property of Plaintiffs and the Class.
295. These voluntary actions resulted in the immediate and continued trespass, injury and damage to Plaintiffs and the Class, their property and their right of possession of their property.
296. Further, Defendants' actions in directing the contaminated water into the persons and properties of Plaintiffs and the Class were done with actual malice, and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
297. Additionally and/or alternatively, Defendants' decision to delay and the resulting delay in taking any affirmative action to eliminate, correct, and/or remedy the contamination of the water supply after having knowledge and notice of said contamination were done with actual malice, and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
298. Further, Defendants' actions that were patently insufficient to eliminate, correct, and/or remedy the contamination after having knowledge and notice of said contamination were made with actual malice and in wanton and
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willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
299. Based upon the above, Plaintiffs and the Class seek general damages from Defendants, in an amount to be determined at trial, directly resulting from their injuries in a sufficient amount to compensate them for the injuries and losses, and to restore Plaintiffs and the Class to their original position, including, but not limited to the difference between the current value of the property and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, consequential damages flowing from the trespass which are the natural and proximate result of Defendants' conduct, and exemplary or punitive damages.
Eleventh Cause of Action (Nuisance- All Defendants) 300. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 301. Defendants' actions in causing foul, poisonous, lead and bacteriacontaminated water to be delivered to the homes of Plaintiffs resulted in the presence of contaminants in Plaintiffs' properties and/or persons.
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302. Defendants' actions substantially and unreasonably interfered with Plaintiffs' and the Class's comfortable living and ability to use and enjoy their homes, constituting a nuisance.
303. Neither Plaintiffs nor any member of the Class consented to allow foul, poisonous, lead contaminated water to physically invade their persons or property.
304. Plaintiffs and the Class suffered injuries and damage to their persons and/or properties as a direct and proximate result of Defendants' actions in causing lead contaminated water to be delivered to their homes.
305. Defendants' actions in causing a substantial and unreasonable interference with Plaintiffs' ability to use and enjoy their properties constitutes a nuisance and Defendants are liable for all damages arising from such nuisance, including compensatory and exemplary relief.
306. Defendants' actions and/or omissions were the proximate cause of the Plaintiffs' injuries.
307. As a direct and proximate result of Defendants' actions, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
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Twelfth Cause of Action (Unjust Enrichment- All Defendants) 308. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 309. Plaintiffs and the Class were sold toxic drinking water that was unfit for human consumption instead of receiving clean, safe drinking water, as promised. 310. The Governmental Defendants unjustly received the benefits of payments from Plaintiffs and the Class in exchange for contaminated water that was unfit for human consumption, and used those payments for the operation of the City of Flint. 311. LAN and Veolia unjustly received compensation for providing engineering services that did not satisfy their duties of professional responsibility. 312. Accordingly, Defendants should be ordered to disgorge their unjustly retained benefits.
Thirteenth Cause of Action (Procedural Due Process- Individual Defendants) 313. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs ofthis Complaint. 314. In the alternative to the state-law tort claims set forth in this complaint: the Individual Defendants, acting under color of state law, deprived
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Plaintiffs of their liberty and property without providing an adequate postdeprivation remedy, in violation of 42 U.S.C. § 1983.
315. At all times relevant to this Complaint, each Individual Defendant acted under the color of state law.
316. The Due Process Clause of the Fourteenth Amendment to the United States Constitution says that no state shall "deprive any person oflife, liberty, or property, without due process oflaw." The Due Process Clause establishes Plaintiffs' constitutional rights to be free from (a) deprivations of their liberty interest in bodily integrity; and (b) deprivations of state-created property interests, without due process oflaw.
317. The Individual Defendants, in their actions and omissions, intentionally and/or with deliberate indifference to an unreasonable risk of harm, injured Plaintiffs and deprived them of their constitutionally guaranteed liberty and property interests by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint's drinking water, and, consequently, the presence of lead and other contaminants in their homes and rental properties, despite Governmental Defendants' actual or constructive knowledge that this failure to warn would cause harm.
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318. At all times relevant to this Complaint, it was clearly established in the laws of this jurisdiction that no person may, acting under color of state law, deprive citizens of the United States or persons within the territorial jurisdiction thereof ofliberty or property without due process oflaw.
319. Defendants Earley and Ambrose were officials with final policymaking authority for the City of Flint. Their decisions not to remedy known contamination, and to misinform the public about the safety of Flint water, represented the official policy ofthe City of Flint.
320. The Individual Defendants had a custom or practice of providing contaminated water to Flint residents, of not remediating known contamination, and of misinforming the public about the safety of its water systems.
321. The Individual Defendants had a policy of deliberate indifference to potential harm with respect to the training and supervision of the staff responsible for providing safe drinking water to Flint residents. In the alternative to the statelaw tort claims set forth in this Complaint, there exists under Michigan law no meaningful post-deprivation remedy for Defendants' deprivations of Plaintiffs' liberty and prope1iy interests.
322. The unlawful acts complained of in this Count proximately caused Plaintiffs to suffer actual physical and emotional damages, as well as other damages and losses. Moreover, the unlawful acts complained of in this Count continue to
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deprive Plaintiffs oftheir constitutional rights, and to proximately cause damages, on an ongoing basis.
323. With respect to the Individual Defendants, Plaintiffs are entitled to compensatory and special damages in an amount to be determined at trial as well as punitive damages. With respect to all Defendants, including Individual Defendants in their official capacities, Plaintiffs are entitled to prospective declaratory and injunctive relief from ongoing deprivations of their liberty and property interests.
Fourteenth Cause of Action (Declaratory Judgment Act- All Defendants) 324. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs ofthis Complaint. 325. Plaintiffs are entitled to a declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202. 326. An actual controversy exists between the parties as alleged herein and will continue to exist unless and until it is resolved by this Court. 327. Plaintiffs are entitled to a declaratory judgment that the Government Defendants have operated and continue to operate a Water System that is not in compliance with the SDWA and LCR.
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VII. THE GOVERNMENTAL DEFENDANTS ARE NOT PROTECTED BY SOVEREIGN IMMUNITY 328. Plaintiffs incorporate by reference the preceding paragraphs as if
fully set forth herein. A. Federal Claims 329. This Complaint brings no federal claims for damages against the
State of Michigan or its agencies. 330. With respect to employees and officers of the State of Michigan
and its agencies, sued in their official capacities, this Complaint seeks only prospective injunctive relief.
331. No other Defendant is entitled to sovereign or governmental immunity from suit for the federal causes of action alleged in this Complaint.
B. Michigan State Constitutional Claims 332. The State of Michigan recognizes a cause of action for a de facto taking (sometimes referred to as an "inverse condemnation" suit). 333. An action for inverse condemnation is brought under the Constitution of the State of Michigan. 334. Under Michigan law, there exists no sovereign or governmental immunity from suit to enforce rights guaranteed by the Michigan Constitution. The State of Michigan, its agencies, political subdivisions, and their agencies are all subject to suit for an unconstitutional taking as alleged in this Complaint.
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C. Michigan State Tort Claims - Direct Liability of State and Local Entities
335. With respect to each state law tort alleged in this Complaint against State of Michigan and MDEQ, these Defendants are not entitled to sovereign or governmental immunity from suit because the tortious acts complained of occurred outside the scope of each Defendant's governmental functions, as alleged specifically in each Count. The actions complained of were neither expressly, nor impliedly, mandated or authorized by constitution, statute, local charter or ordinance, or other law.
336. Moreover, with respect to each state law tort alleged in this Complaint against the State of Michigan and MDEQ, and regardless of whether the tortious acts complained of constituted an exercise or discharge of a governmental function, these Defendants are not immune from suit or liability because the actions complained of occurred during the exercise of a proprietary function, in that the act was undertaken primarily for the purpose of producing a pecuniary profit for the relevant governmental agency.
D. Vicarious Liability of State and Local Entities 337. With respect to each state law tort alleged in this complaint against the State of Michigan and MDEQ, these entities are not immune from vicariously liability for the actions of their employees and officers under a theory of respondeat superior, because their employees and officers committed tortious acts
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during the course of their employment, within the scope of their authority, and in the exercise of nongovernmental and proprietary functions, as alleged specifically in each Count.
E. Liability of Individual Governmental Employees 338. With respect to each state non-intentional tort claim against the Individual Defendants, state and local employees sued in their individual capacities, each of these Defendants is not immune from liability because, as alleged specifically in each Count, (1) the Defendant did not act or reasonably believe he or she was acting within the scope of his or her authority; (2) the governmental agency at issue was not engaged in the exercise or discharge ofa governmental function; and/or (3) the employee's grossly negligent conduct was the proximate cause of the injuries or damages alleged. 339. With respect to each state intentional tort claim against the Individual Defendants, state and local employees sued in their individual capacities, each of these Defendants is not immune from liability because (1) the tort did not occur during the course ofthe employee's employment; (2) the employee was not acting, nor reasonably believed he or she was acting, within the scope of his or her authority; (3) the act complained of was not undertaken in good faith; and/or (4) the act was ministerial rather than discretionary.
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VIII. DEMAND FOR A JURY TRIAL 340. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure,
Plaintiffs demand a jury trial as to all issues triable by a jury. IX. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray as follows: A. That the Court determine that this action may be maintained as a class action under Rule 23(a), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure. B. That a declaratory judgment be entered that the Governmental Defendants' conduct violated the Safe Drinking Water Act and United States Constitution. C. That judgment be entered for Plaintiffs and Class members against Defendants for personal and property damages sustained as a direct and proximate cause of Defendants' conduct as well as any punitive damages or disgorgement monies owed to Plaintiffs and the Class. D. That Plaintiffs and the Class recover pre-judgment and post-judgment interest as permitted by law. E. That Plaintiffs and the Class recover their costs of the suit, including attorneys' fees, as provided by law. F. That the Governmental Defendants be ordered to remediate its water system to ensure its compliance with Federal and State environmental laws and
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regulations and to implement prospective remedial actions to ensure the future health and safety of Flint residents affected by the crisis.
G. For such other and further relief as is just and proper under the circumstances.

March 31, 2016

Kit A. Pierson Joseph M. Sellers Emmy L. Levens Robert Cobbs COHEN MILSTEIN SELLERS & TOLLPLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facsimile kpierson@cohenmilstein.com j sellers @cohenmilstein.com elevens@cohenmilstein.com rcobbs@cohenmilstein.com
Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLLPLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone (561) 515-1401 Facsimile tleopold@cohenmilstein.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P.

David J. hea SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw.com
Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org
Stephen Morrissey Jordon Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey.com j connors@ susmangodfrey.com
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1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone (713) 654-6666 Facsimile vbhatia@susmangodfrey.com sraymond@susmangodfrey.com

Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310) 789-3100 Telephone (310) 789-3150 Facsimile khoek@susmangodfrey.com
Attorneys for Frances Gilcreast, Vivian Kelley, Estella A. Simpkins, Beverly's Restaurant, Cakes & Catering, and the Proposed Class.

103

 
 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FRANCES GILCREAST, et al.,

Plaintiffs,
v.
LOCKWOOD, ANDREWS & NEWNAM, P.C., et al.,

Case No. 16-11173 Hon. John Corbett O’Meara

Defendants. ______________________________/

ORDER OF DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION This case arises from the contamination of drinking water in Flint, Michigan. Plaintiffs filed their class action complaint against multiple defendants, including the State of Michigan, state officials, city officials, and professional engineering companies. Plaintiffs voluntarily dismissed the State and numerous individual defendants on February 2, 2017, leaving professional negligence and other state law claims against Lockwood, Andrews & Newnam, P.C., LAN, Inc., Leo A. Daly Company, and Veolia North America, L.L.C. Defendants have filed motions to dismiss Plaintiffs’ complaint. As a threshold matter, the court must first consider whether it has subject matter jurisdiction over this case. Thornton v. Southwest Detroit Hosp., 895 F.2d 1131,

1133 (6th Cir. 1990) (“Although the parties did not address this issue, subject matter jurisdiction may be raised sua sponte at any juncture because a federal court lacks authority to hear a case without subject matter jurisdiction.”); Answers in Genesis of Kentucky, Inc. v. Creation Ministries Int’l, Ltd., 556 F.3d 459, 465 (6th Cir. 2009) (same).
Plaintiffs’ alleged basis for federal subject matter jurisdiction is the Class Action Fairness Act, 28 U.S.C. § 1332(d). See Compl. at ¶ 22.1 This court has declined to exercise jurisdiction under CAFA over other Flint water cases, finding that the local controversy exception (§ 1332(d)(4)) applies. See Mason v. Lockwood, Andrews & Newnam, P.C., Case No. 16-10663, aff’d, 842 F.3d 383 (6th Cir. 2016); Davenport v. Lockwood, Andrews & Newnam, P.C., Case No. 1612875, Docket No. 28 (E.D. Mich., Nov. 1, 2016). The Sixth Circuit in Mason affirmed, noting that “the case before us exemplifies the quintessential local controversy.” Mason, 842 F.3d at 397.
This case is indistinguishable from Mason and Davenport, and it meets the requirements of the local controversy exception to the CAFA: (1) more than twothirds of the proposed class are citizens of Michigan; (2) at least one Defendant
1 Plaintiffs have voluntarily dismissed their federal question claims. The court has dismissed similar federal claims for lack of jurisdiction. See, e.g., McMillian v. Snyder, Case No. 16-10796, Docket No. 136 (E.D. Mich. Feb. 7, 2017).
-2-

(Lockwood, Andrews & Newnam, P.C.) is a Michigan citizen whose conduct forms a significant basis of Plaintiffs’ claims; (3) the principal injuries occurred in Michigan; and (4) no “other class action” within the meaning of the statute has been filed within the preceding three years. See 28 U.S.C. § 1332(d)(4). Consistent with the analysis set forth in Mason and Davenport, the court must decline to exercise jurisdiction over this matter.
Accordingly, IT IS HEREBY ORDERED that Plaintiffs’ complaint is DISMISSED for lack of subject matter jurisdiction.

Date: February 7, 2017

s/John Corbett O’Meara United States District Judge

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, February 7, 2017, using the ECF system.

s/William Barkholz Case Manager

-3-

 
 Case 5:16-cv-11173-JEL-MKM ECF No. 126 filed 05/03/17 PageID.5493 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FRANCES GILCREAST, et al.,

Plaintiffs,
v.
LOCKWOOD, ANDREWS & NEWNAM, P.C., et al.,

Case No. 16-11173 Hon. John Corbett O’Meara

Defendants. ______________________________/

ORDER GRANTING MOTION TO AMEND JUDGMENT

Before the court is Veolia North America, LLC’s motion to alter or amend

the judgment pursuant to Federal Rules of Civil Procedure 59(e) and 60. The court

dismissed this action on February 7, 2017, finding that it lacked subject matter

jurisdiction. Specifically, the court determined that this case – as well as several

similar cases involving the Flint water crisis – fell within the local controversy

exception to the Class Action Fairness Act (“CAFA”). In one of those cases,

Davenport v. Lockwood, Andrews & Newnam, P.C., Case No. 16-12875, Docket

No. 31, the Sixth Circuit held that the local controversy exception was

inapplicable. Consistent with Davenport, the court finds that the local controversy

exception to the CAFA is likewise inapplicable here. Because the basis upon

Case 5:16-cv-11173-JEL-MKM ECF No. 126 filed 05/03/17 PageID.5494 Page 2 of 2
which the court dismissed this action no longer applies, the court will grant Veolia’s motion to amend the judgment and reopen the case.
Accordingly, IT IS HEREBY ORDERED that Veolia’s motion to amend the judgment (Docket No. 124) is GRANTED and the judgment is VACATED.

Date: May 3, 2017

s/John Corbett O’Meara United States District Judge

I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, May 3, 2017, using the ECF system.
s/William Barkholz Case Manager

-2-

 
 Case 5:16-cv-11173-JEL-MKM ECF No. 134 filed 06/09/17 PageID.5583 Page 1 of 2

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

FRANCES GILCREAST, et al., Plaintiffs,
v. LOCKWOOD, ANDREWS & NEWNAM, P.C., et al.,
Defendants.

Case No.: 5:16-cv-11173-JEL-MKM Hon. Judith E. Levy Magistrate Judge Mona K. Majzoub

NOTICE OF MOTION TO CONSOLIDATE Please take notice that Plaintiffs in the action Village Shores, LLC, et al. v. Lockwood, Andrews & Newman, P.C., et al., Case No. 5:16-cv-14498-JEL-APP have filed a Motion to Consolidate Actions (Exhibit 1) in Waid, et al. v. Governor Richard D. Snyder, et al., Case No. 5:16-cv-10444-JEL-MKM.

Date: June 9, 2017

Respectfully submitted, /s/ Emmy L. Levens Emmy L. Levens COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facsimile elevens@cohenmilstein.com

Case 5:16-cv-11173-JEL-MKM ECF No. 134 filed 06/09/17 PageID.5584 Page 2 of 2

CERTIFICATE OF SERVICE
I hereby certify that on June 9, 2017, I filed the forgoing document with the Clerk of Court using the ECF system which will send notice of such filing to all parties of record.

Dated: June 9, 2017

/s/ Emmy L. Levens Emmy L. Levens
COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facsimile elevens@cohenmilstein.com

 
 Case 5:16-cv-11173-JEL-MKM ECF No. 137 filed 07/27/17 PageID.5761 Page 1 of 5

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases

Judith E. Levy United States District Judge

________________________________/

ORDER GRANTING IN PART THE WAID MOTION FOR CONSOLIDATION OF THE CLASS ACTIONS, APPOINTMENT OF INTERIM CO-LEAD CLASS COUNSEL, AND APPOINTMENT
OF LIAISON COUNSEL FOR THE INDIVIDUAL ACTIONS [CASE NO. 16-cv-10444, DKT. 136], DENYING THE GUERTIN MOTION TO CONSOLIDATE CASES [CASE NO. 16-cv-12412, DKT. 165], HOLDING IN ABEYANCE BRIEFING IN ALL NONCLASS ACTION FLINT WATER CASES, AND SETTING DATES

On July 26, 2017, the Court held a status conference regarding all

pending Flint Water litigation before the Court.

A. Motions to Consolidate

At that hearing, the Court discussed pending motions to consolidate in Waid v. Snyder, Case No. 16-cv-10444, Dkt. 136, and Guertin v. State of Michigan, Case No. 16-cv-12412, Dkt. 165. For the reasons set forth on the record, the Waid motion is granted in part, and the Guertin motion is denied.
The Waid motion is granted as to Case Nos. 16-cv-10444, 16-cv-

10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16-cv-14498, 17-cv-

Case 5:16-cv-11173-JEL-MKM ECF No. 137 filed 07/27/17 PageID.5762 Page 2 of 5
10343, 17-cv-10360, and 17-cv-10799. The motion is held in abeyance regarding Case No. 17-cv-10996, in which a motion to remand to Michigan state court is pending. Once that motion to remand is decided, and if the Court retains jurisdiction over that case, an order will be issued consolidating that case with Case No. 16-cv-10444.
Newly-appointed interim co-lead counsel are ordered to file a master class action complaint in Case No. 16-cv-10444 on or before September 29, 2017. Defendants are ordered to file answers or responsive motions on or before December 1, 2017.
Pursuant to the grant of the motion to consolidate, Theodore Leopold of Cohen Milstein Sellers & Toll PLLC and Michael Pitt of Pitt McGehee Palmer & Rivers PC, are appointed interim co-lead counsel for the combined class, Corey Stern of Levey Konigsberg LLP and Hunter Shkolnik of Napoli Shkolnik PLLC are appointed as liaison counsel for all individual personal injury and property damage cases pending before the Court. Further, the Court orders the creation of an Executive Committee for the combined class action, whose membership will be recommended to the Court by interim co-lead counsel no later than September 29, 2017.
2

Case 5:16-cv-11173-JEL-MKM ECF No. 137 filed 07/27/17 PageID.5763 Page 3 of 5
The above-named counsel will meet and confer with other plaintiffs’ counsel and defense counsel regarding the specific duties of the co-lead counsel and liaison counsel so that a proposed statement of duties for these positions can be filed with the Court by September 29, 2017. Also by this same date, co-lead counsel will confer with all named defendants and file either a joint statement regarding agreed-upon preliminary discovery or separate statements addressing whether preliminary discovery is appropriate at this juncture in the combined class action, and statements regarding the appointment of a Special Master under Fed. R. Civ. P. 53 in Case No. 16-cv-10444.
B. Motion for Master Individual Complaint Liaison counsel informed the Court during the status conference that they wish to file a motion permitting the filing of a master complaint in all individual personal injury and property damage cases pending in this Court. Liaison counsel are directed to file a motion to permit the filing of the master complaint in all individual cases within ten days of this order. The motion should be filed in Case No. 17-cv10164, the earliest-filed active individual Flint Water case in which the liaison counsel have appeared.
3

Case 5:16-cv-11173-JEL-MKM ECF No. 137 filed 07/27/17 PageID.5764 Page 4 of 5
Defendants are ordered to respond within fourteen days of the filing of the motion. All other plaintiffs’ counsel in individual personal injury and property damage cases may also file responses to the motion within fourteen days. All dispositive motion briefing in all individual cases is held in abeyance pending a determination of the motion to file a master complaint.
C. Master Case Number The Court will not establish a master case number at this time because all of the pending Flint Water cases are not consolidated. D. Order of Consolidation For the reasons set forth above, it is hereby ordered that: Case Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799 are consolidated with Case No. 16-cv-10444 for all purposes, including trial; All subsequent papers filed after the date of this order regarding those cases shall be entered in Case No. 16-cv-10444; and Case Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799 are closed in light of the consolidation order.
4

Case 5:16-cv-11173-JEL-MKM ECF No. 137 filed 07/27/17 PageID.5765 Page 5 of 5

It is further ordered that all pending dispositive motions in Case

No. 16-cv-10444 (Dkts. 122, 124, 125, 131, 132, 135) are denied without

prejudice.

IT IS SO ORDERED.

Dated: July 27, 2017 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

CERTIFICATE OF SERVICE

The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on July 27, 2017.

s/Shawna Burns SHAWNA BURNS Case Manager

5

 
 Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 1 of 17
CLOSED,REOPENED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16−cv−11173−JEL−MKM

Gilcreast et al v. Lockwood, Andrews & Newnam, P.C. et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Cause: 33:1319 Clean Water Act
Plaintiff

Date Filed: 03/31/2016 Date Terminated: 07/28/2017 Jury Demand: Plaintiff Nature of Suit: 893 Environmental Matters Jurisdiction: Federal Question

Frances Gilcreast

represented by Emmy L Levens Cohen Milstein Sellers and Toll PLLC 1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED

Jordan W. Connors Susman Godfrey L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 206−516−3814 Fax: 206−516−3883 Email: jconnors@susmangodfrey.com ATTORNEY TO BE NOTICED

Kit A. Pierson Cohen Mistein Sellers & Toll PLLC 1100 New York Avenue, N.W. Suite 500 West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: kpierson@cohenmilstein.com ATTORNEY TO BE NOTICED

Stephen E. Morrissey Susman Godrey L.L.P. 1201 Third Avenue Suite 3800 Seattle, WA 98101 206−373−7380 Fax: 206−516−3883 Email: smorrissey@susmangodfrey.com ATTORNEY TO BE NOTICED

Theodore J. Leopold Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 561−515−1400 Fax: 561−515−1401 Email: tleopold@cohenmilstein.com ATTORNEY TO BE NOTICED

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 2 of 17

Plaintiff Vivian Kelley
Plaintiff Estella A Simpkins
Plaintiff

David J. Shea Shea Aiello, PLLC 26100 American Drive Second Floor Southfield, MI 48034 248−354−0224 Email: david.shea@sadplaw.com ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Kit A. Pierson (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
represented by Jordan W. Connors (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Kit A. Pierson (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
represented by

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 3 of 17

Beverly's Resturant Cakes & Catering TERMINATED: 10/12/2016

Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED

Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED

Kit A. Pierson (See above for address) ATTORNEY TO BE NOTICED

Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED

David J. Shea (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Lockwood, Andrews & Newnam, P.C.
Defendant Lan Inc.

represented by David C. Kent Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@dbr.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 4 of 17

Defendant Leo A. Daly Company
Defendant Veolia North America, LLC
Defendant Veolia Environnement S.A. TERMINATED: 10/21/2016

Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
James M. Campbell Campbell, Campbell, One Constitution Plaza Third Floor Boston, MA 02129−2025 617−241−3000 Fax: 617−241−3060 Email: jmcampbell@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617−241−3000 Fax: 617−241−5115 Email: jgrunert@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
represented by Thomas V. Panoff Mayer Brown LLP 71 South Wacker Dr.

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 5 of 17

Chicago, IL 60606 312−701−7128 Fax: 312−706−8633 Email: tpanoff@mayerbrown.com ATTORNEY TO BE NOTICED

Defendant
The State of Michigan TERMINATED: 02/02/2017

represented by Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED

Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED

Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: larsenz@michigan.gov ATTORNEY TO BE NOTICED

Defendant
The Michigan Department of Environmental Quality TERMINATED: 02/02/2017

represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED

Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED

Defendant
Richard Dale Snyder TERMINATED: 02/02/2017

represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED

Margaret A. Bettenhausen (See above for address)

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 6 of 17

ATTORNEY TO BE NOTICED

Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: mwitus@bsdd.com ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED

Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED

Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED

Defendant
Daniel Wyant TERMINATED: 02/02/2017

represented by Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202−572−8671 Fax: 202−572−8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED

Jay M. Berger Clark Hill (Detroit) 500 Woodward Avenue Suite 3500 Detroit, MI 48226−3435 313−965−8300 Email: jberger@clarkhill.com ATTORNEY TO BE NOTICED

Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED

Defendant
Liane Shekter Smith TERMINATED: 02/02/2017

represented by Michael H. Perry Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933−1716 517−482−5800

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 7 of 17

Fax: 517−482−0887 Email: mperry@fraserlawfirm.com ATTORNEY TO BE NOTICED

Thaddeus E. Morgan Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933 517−482−5800 Email: tmorgan@fraserlawfirm.com ATTORNEY TO BE NOTICED

Defendant
Adam Rosenthal TERMINATED: 02/02/2017

represented by Charles E. Barbieri Foster, Swift, 313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED

Defendant
Stephen Busch TERMINATED: 02/02/2017

represented by Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313−259−8300 Fax: 313−259−1451 Email: cciullo@kotzsangster.com ATTORNEY TO BE NOTICED

Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED

Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED

Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED

Defendant

represented by

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 8 of 17

Patrick Cook TERMINATED: 02/02/2017

Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED

Defendant
Michael Prysby TERMINATED: 02/02/2017

represented by Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED

Defendant
Bradley Wurfel TERMINATED: 02/02/2017

represented by Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED

Jay M. Berger (See above for address) ATTORNEY TO BE NOTICED

Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED

Defendant
Darnell Earley TERMINATED: 02/02/2017

represented by William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114 Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED

Defendant
Gerald Ambrose TERMINATED: 02/02/2017

represented by William Young Kim (See above for address) ATTORNEY TO BE NOTICED

Defendant
Edward Kurtz TERMINATED: 02/02/2017

represented by Michael J. Gildner Simen, Figura, 5206 Gateway Centre Suite 200 Flint, MI 48507 810−235−9000 Email: mgildner@sfplaw.com ATTORNEY TO BE NOTICED

Defendant
Michael Glasgow TERMINATED: 02/02/2017

represented by William Young Kim (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/31/2016

# Docket Text
1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. No summons requested. Receipt No: 0645−5625820 − Fee: &#036 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): United States District Court Eastern District of Michigan, 15−cv−12084, Judge Stephen J. Murphy,

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 9 of 17

03/31/2016
04/05/2016 04/05/2016 04/12/2016
04/14/2016 04/14/2016 04/14/2016 04/15/2016 04/15/2016 04/15/2016 04/21/2016
04/21/2016
04/22/2016
04/25/2016
04/26/2016 04/26/2016 04/26/2016 04/27/2016 04/27/2016 04/28/2016 04/28/2016

III] (Shea, David) (Entered: 03/31/2016)
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 (ATee) (Entered: 03/31/2016)
REQUEST for SUMMONS for All Defendants. (Shea, David) (Entered: 04/05/2016)
2 SUMMONS Issued for * All Defendants * (BGar) (Entered: 04/05/2016)
3 ORDER REASSIGNING CASE from District Judge Mark A. Goldsmith and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 04/12/2016)
4 NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 04/14/2016)
5 ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/14/2016)
6 ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 04/14/2016)
7 NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 04/15/2016)
8 NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 04/15/2016)
9 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 04/15/2016)
10 NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Bettenhausen, Margaret) (Entered: 04/21/2016)
11 NOTICE of Appearance by Richard S. Kuhl on behalf of Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Kuhl, Richard) (Entered: 04/21/2016)
12 MOTION for Extension of Time to File Response/Reply by Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Bettenhausen, Margaret) (Entered: 04/22/2016)
13 STIPULATION AND ORDER Extending Time for Defendants Wurfel, Wyant, Busch, Shekter−Smith, Cook, Prysby, and Rosenthal to file Responsive Pleading to 1 Complaint; Responsive Pleading due by 7/5/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/25/2016)
14 ATTORNEY APPEARANCE: Eugene Driker appearing on behalf of Richard Dale Snyder (Driker, Eugene) (Entered: 04/26/2016)
15 ATTORNEY APPEARANCE: Todd R. Mendel appearing on behalf of Richard Dale Snyder (Mendel, Todd) (Entered: 04/26/2016)
16 ATTORNEY APPEARANCE: Morley Witus appearing on behalf of Richard Dale Snyder (Witus, Morley) (Entered: 04/26/2016)
17 NOTICE of Appearance by Theodore J. Leopold on behalf of All Plaintiffs. (Leopold, Theodore) (Entered: 04/27/2016)
18 NOTICE of Appearance by Kit A. Pierson on behalf of All Plaintiffs. (Pierson, Kit) (Entered: 04/27/2016)
19 NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 04/28/2016)
TEXT−ONLY ORDER Granting 12 MOTION for Extension of Time to File Responsive Pleading; Responsive Pleading due by 6/2/2016 for State of Michigan

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 10 of 17

04/29/2016 05/02/2016 05/03/2016 05/04/2016
05/04/2016 05/04/2016 05/04/2016 05/05/2016 05/11/2016 05/12/2016 05/20/2016 05/23/2016 05/24/2016 06/02/2016 06/02/2016
06/03/2016 06/03/2016 06/07/2016

Defendants, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/28/2016)
20 NOTICE of Appearance by David C. Kent on behalf of Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 04/29/2016)
21 STIPULATION for Extension of Time to File Responsive Pleadings by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C. (Kent, David) (Entered: 05/02/2016)
22 Notice of E−mail Delivery Failure as to attorney David J. Shea. Bounced NEF for 21 Stipulation. (SSch) (Entered: 05/03/2016)
23 ORDER Extending Time for Defendants Lockwood, Andrews & Newman, Inc.; P.C.; and Leo A. Daly Company to Respond to 1 Complaint, Responsive Pleading due by 6/3/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/04/2016)
24 ATTORNEY APPEARANCE: Michael J. Gildner appearing on behalf of Edward Kurtz (Gildner, Michael) (Entered: 05/04/2016)
25 ANSWER to Complaint with Affirmative Defenses by Edward Kurtz. (Gildner, Michael) (Entered: 05/04/2016)
26 CERTIFICATE OF SERVICE re 24 Attorney Appearance, 25 Answer to Complaint by Edward Kurtz (Gildner, Michael) (Entered: 05/04/2016)
27 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 05/05/2016)
28 NOTICE of Appearance by Stephen E. Morrissey on behalf of Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Morrissey, Stephen) (Entered: 05/11/2016)
29 NOTICE of Appearance by Jordan W. Connors on behalf of Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Connors, Jordan) (Entered: 05/12/2016)
30 NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Darnell Earley, Michael Glasgow. (Kim, William) (Entered: 05/20/2016)
31 MOTION for Leave to File Excess Pages by Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Kuhl, Richard) (Entered: 05/23/2016)
32 ATTORNEY APPEARANCE: Philip A. Erickson appearing on behalf of Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 05/24/2016)
33 STIPULATION of Extension of Time to File Responsive Pleadings by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C. (Kent, David) (Entered: 06/02/2016)
34 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) by Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Letter from Adam Rosenthal, # 3 Exhibit Boler, et al. v Darnell Early) (Bettenhausen, Margaret) (Entered: 06/02/2016)
35 STIPULATED ORDER Extending Time for Defendants Earley, Ambrose, and Glasgow to Respond to 1 Complaint; Responsive Pleading due by 6/22/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)
36 ORDER re 33 Stipulation Extending Time for Defendants to File Responsive Pleading; Responsive Pleading due by 7/8/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)
TEXT−ONLY ORDER Granting 31 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/07/2016)

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 11 of 17

06/10/2016
06/15/2016
06/22/2016 06/30/2016 07/01/2016 07/01/2016 07/01/2016 07/01/2016 07/05/2016
07/05/2016 07/05/2016 07/05/2016
07/05/2016
07/05/2016 07/05/2016 07/05/2016 07/06/2016 07/14/2016

37 MOTION for Extension of Time to File Response/Reply PLAINTIFFS UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO STATE DEFENDANTS MOTION TO DISMISS by Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Connors, Jordan) (Entered: 06/10/2016)
TEXT−ONLY ORDER Granting 37 UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO STATE DEFENDANTS MOTION TO DISMISS 34 ; Response due by 7/15/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/15/2016)
38 MOTION to Dismiss by Gerald Ambrose, Darnell Earley, Michael Glasgow. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Kim, William) (Entered: 06/22/2016)
39 ATTORNEY APPEARANCE: Michael H. Perry appearing on behalf of Liane Shekter Smith (Perry, Michael) (Entered: 06/30/2016)
40 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 07/01/2016)
41 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 07/01/2016)
42 MOTION for Leave to File Excess Pages by MDEQ Employee Defendants' by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 07/01/2016)
43 STIPULATION for Extension of Time to File Responsive Pleadings by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C. (Kent, David) (Entered: 07/01/2016)
TEXT−ONLY ORDER Granting 43 Stipulation filed by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C.., ( Responsive Pleading due by 8/1/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/05/2016)
TEXT−ONLY ORDER Granting 40 MOTION for Leave to File Excess Pages filed by Bradley Wurfel. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/05/2016)
TEXT−ONLY ORDER Granting 41 MOTION for Leave to File Excess Pages filed by Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/05/2016)
TEXT−ONLY ORDER Granting 42 MOTION for Leave to File Excess Pages by MDEQ Employee Defendants' filed by Liane Shekter Smith, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/05/2016)
44 MOTION to Dismiss by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Morgan, Thaddeus) (Entered: 07/05/2016)
45 MOTION to Dismiss by Veolia North America, LLC. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Bush, Cheryl) (Entered: 07/05/2016)
46 MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Pattwell, Michael) (Entered: 07/05/2016)
47 MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Index of Exhibits INDEX) (Pattwell, Michael) (Entered: 07/05/2016)
48 ATTORNEY APPEARANCE: Charles E. Barbieri appearing on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal (Barbieri, Charles) (Entered: 07/06/2016)
49 MOTION TO EXTEND Page Limit of Brief in Opposition to State Defendants' Motion to Dismiss by Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Levens − NOT SWORN, Emmy) (Entered: 07/14/2016)

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 12 of 17

07/14/2016 07/15/2016 07/19/2016 07/20/2016 07/20/2016 07/21/2016
07/21/2016
07/22/2016 07/22/2016
07/25/2016
07/29/2016
08/01/2016
08/01/2016
08/15/2016 08/23/2016 08/24/2016 09/02/2016

50 Joint MOTION for Extension of Time to File Response/Reply Regarding the City Defendants' Motion to Dismiss by All Plaintiffs. (Levens − NOT SWORN, Emmy) (Entered: 07/14/2016)
51 RESPONSE to 34 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) filed by All Plaintiffs. (Connors, Jordan) (Entered: 07/15/2016)
52 ATTORNEY APPEARANCE: Michael R. Williams appearing on behalf of Veolia North America, LLC (Williams, Michael) (Entered: 07/19/2016)
53 STIPULATION to Extend Schedule for Response and Reply Briefs Regarding Motions to Dismiss by All Plaintiffs (Levens − NOT SWORN, Emmy) (Entered: 07/20/2016)
TEXT−ONLY ORDER Granting 49 MOTION TO EXTEND Page Limit. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/20/2016)
TEXT−ONLY ORDER Granting 50 Joint MOTION for Extension of Time to File Response/Reply Regarding the City Defendants' Motion to Dismiss 38 MOTION to Dismiss :( Response due by 8/15/2016, Reply due by 9/2/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/21/2016)
54 ORDER Granting 53 Stipulation re 46 MOTION to Dismiss , 47 MOTION to Dismiss , 45 MOTION to Dismiss , 44 MOTION to Dismiss; Response due by 9/8/2016, Replies due by 9/29/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/21/2016)
55 ATTORNEY APPEARANCE: Thomas V. Panoff appearing on behalf of Veolia Environnement S.A. (Special Appearance) (Panoff, Thomas) (Entered: 07/22/2016)
56 MOTION for Extension of Time to File Response/Reply as to 1 Complaint,, (Defendant Veolia Environnement S.A.'s Unopposed Motion To Extend The Deadline To Respond To Plaintiffs' Class Action Complaint) by Veolia Environnement S.A.. (Panoff, Thomas) (Entered: 07/22/2016)
TEXT−ONLY ORDER Granting 56 Defendant Veolia Environnement S.A.'s Unopposed Motion To Extend The Deadline To Respond To Plaintiffs' Class Action Complaint; Responsive Pleading due by 9/19/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/25/2016)
57 REPLY to Response re 34 MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) filed by Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit #1 Notice of Intent to Sue 11−16−2015, # 3 Exhibit #2 Emergency Admin. Order 01−21−2016) (Bettenhausen, Margaret) (Entered: 07/29/2016)
58 MOTION to Dismiss Plaintiffs' Class Action Complaint for Lack of Personal Jurisdiction by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − Affidavit of Edward Benes) (Erickson, Philip) (Entered: 08/01/2016)
59 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action by Lan Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases) (Erickson, Philip) (Entered: 08/01/2016)
60 RESPONSE to 38 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit A − Unpublished Case) (Levens − NOT SWORN, Emmy) (Entered: 08/15/2016)
61 STIPULATION to Extend Time for Response Briefs to LAN Parties' Motions to Dismiss by All Plaintiffs (Levens − NOT SWORN, Emmy) (Entered: 08/23/2016)
62 ORDER Granting 61 Stipulation for Extension of Time to File Response Briefs to 58 MOTION to Dismiss, and 59 MOTION to Dismiss; Response due by 9/22/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/24/2016)
63 REPLY to Response re 38 MOTION to Dismiss filed by Gerald Ambrose, Darnell Earley, Michael Glasgow. (Kim, William) (Entered: 09/02/2016)

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09/06/2016 09/06/2016 09/06/2016 09/08/2016 09/08/2016 09/08/2016 09/08/2016
09/09/2016 09/19/2016 09/19/2016 09/20/2016
09/22/2016 09/22/2016
09/22/2016
09/28/2016 09/28/2016 09/29/2016

64 MOTION for Leave to File Excess Pages by All Plaintiffs. (Levens − NOT SWORN, Emmy) (Entered: 09/06/2016)
65 MOTION for Leave to File Excess Pages by All Plaintiffs. (Levens − NOT SWORN, Emmy) (Entered: 09/06/2016)
66 MOTION for Leave to File Excess Pages by All Plaintiffs. (Levens − NOT SWORN, Emmy) (Entered: 09/06/2016)
67 RESPONSE to 44 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 09/08/2016)
68 RESPONSE to 45 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 09/08/2016)
69 RESPONSE to 46 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 09/08/2016)
70 RESPONSE to 47 MOTION to Dismiss PLAINTIFFS' RESPONSE TO BRADLEY WURFEL'S MOTION TO DISMISS filed by Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Attachments: # 1 Exhibit A) (Connors, Jordan) (Entered: 09/08/2016)
TEXT−ONLY ORDER Granting 65 MOTION for Leave to File Excess Pages; 64 MOTION for Leave to File Excess Pages; 66 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/09/2016)
71 MOTION to Dismiss Rule 12(B)(2) Plaintiffs' Class Action Complaint by Veolia Environnement S.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Panoff, Thomas) (Entered: 09/19/2016)
72 MOTION to Dismiss Rule 12(B)(6) Plaintiffs' Class Action Complaint by Veolia Environnement S.A.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Panoff, Thomas) (Entered: 09/19/2016)
73 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered: 09/20/2016)
74 RESPONSE to 58 MOTION to Dismiss Plaintiffs' Class Action Complaint for Lack of Personal Jurisdiction filed by All Plaintiffs. (Connors, Jordan) (Entered: 09/22/2016)
75 DECLARATION by Jordan Connors re 74 Response to Motion DECLARATION OF JORDAN CONNORS IN SUPPORT OF PLAINTIFFS' RESPONSE TO DEFENDANT LEO A. DALY COMPANYS RULE 12(b)(2) MOTION TO DISMISS PLAINTIFFS CLASS ACTION COMPLAINT FOR LACK OF PERSONAL JURISDICTION filed by All Plaintiffs (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10) (Connors, Jordan) (Entered: 09/22/2016)
76 RESPONSE to 59 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action filed by Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Attachments: # 1 Exhibit A−Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 09/22/2016)
77 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 09/28/2016)
78 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 09/28/2016)
79 REPLY to Response re 45 MOTION to Dismiss filed by Veolia North America, LLC. (Bush, Cheryl) (Entered: 09/29/2016)

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 14 of 17

09/29/2016 09/29/2016
09/29/2016 09/29/2016 09/30/2016 10/03/2016 10/03/2016 10/03/2016 10/04/2016 10/05/2016 10/10/2016 10/11/2016
10/12/2016 10/20/2016 10/20/2016
10/21/2016 10/27/2016

80 MOTION for Leave to File Excess Pages and Brief in Support by MDEQ Defendants by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 09/29/2016)
81 REPLY to Response re 44 MOTION to Dismiss by MDEQ Employees filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Morgan, Thaddeus) (Entered: 09/29/2016)
82 REPLY to Response re 46 MOTION to Dismiss filed by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 09/29/2016)
83 REPLY to Response re 47 MOTION to Dismiss filed by Bradley Wurfel. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 09/29/2016)
84 ATTORNEY APPEARANCE: Robert G. Kamenec appearing on behalf of Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C. (Kamenec, Robert) (Entered: 09/30/2016)
TEXT−ONLY ORDER Granting 77 MOTION for Leave to File Excess Pages filed by Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/03/2016)
TEXT−ONLY ORDER Granting 78 MOTION for Leave to File Excess Pages filed by Bradley Wurfel. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/03/2016)
TEXT−ONLY ORDER Granting 80 MOTION for Leave to File Excess Pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/03/2016)
85 STIPULATION Extension of Schedule for Response and Reply Briefs Regarding Motions to Dismiss by Lan Inc., Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 10/04/2016)
86 ORDER Granting 85 Stipulation for Extension of Time to file Replies in Support of 59 MOTION to Dismiss, and 58 MOTION to Dismiss; Replies due by 10/20/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/05/2016)
87 STIPULATION Extension of Time for Response Briefs to Veolia Environnement, S.A.'s Motions to Dismiss by All Plaintiffs (Levens − NOT SWORN, Emmy) (Entered: 10/10/2016)
88 ORDER Granting 87 Stipulation re 72 MOTION to Dismiss Rule 12(B)(6) Plaintiffs' Class Action Complaint, and 71 MOTION to Dismiss Rule 12(B)(2) Plaintiffs' Class Action Complaint; Response due by 11/10/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/11/2016)
89 NOTICE of Voluntary Dismissal by Beverly's Resturant Cakes & Catering as to Beverly's Resturant Cakes & Catering (Levens − NOT SWORN, Emmy) (Entered: 10/12/2016)
90 REPLY to Response re 58 MOTION to Dismiss Plaintiffs' Class Action Complaint for Lack of Personal Jurisdiction filed by Leo A. Daly Company. (Attachments: # 1 Exhibit A − Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 10/20/2016)
91 REPLY to Response re 59 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action filed by Lan Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A − Bagley v Homrich) (Kamenec, Robert) (Entered: 10/20/2016)
92 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Veolia Environnement S.A. (Levens − NOT SWORN, Emmy) (Entered: 10/21/2016)
93 MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 15 of 17

10/31/2016 11/07/2016 11/08/2016 11/10/2016 11/14/2016 11/15/2016 11/18/2016 11/21/2016 11/28/2016
11/30/2016 11/30/2016 12/01/2016 12/30/2016 12/30/2016 01/04/2017

Exhibit E, # 7 Exhibit F, # 8 Exhibit G1, # 9 Exhibit G2, # 10 Exhibit G3, # 11 Exhibit G4, # 12 Exhibit G5, # 13 Exhibit G6, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Grashoff, Philip) (Entered: 10/27/2016)
94 NOTICE of Non−Party Fault by Lan Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 10/31/2016)
95 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Grashoff, Philip) (Entered: 11/07/2016)
96 RESPONSE to 93 MOTION to Change Venue (Concurrence) by the MDEQ Defendants filed by Veolia North America, LLC. (Bush, Cheryl) (Entered: 11/08/2016)
97 RESPONSE to 93 MOTION to Change Venue filed by Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Bettenhausen, Margaret) (Entered: 11/10/2016)
98 STIPULATION STIPULATED EXTENSION OF TIME FOR RESPONSE BRIEFS TO MDEQ DEFENDANTS MOTION FOR CHANGE OF VENUE by All Plaintiffs (Connors, Jordan) (Entered: 11/14/2016)
TEXT−ONLY ORDER Granting 98 Stipulation for Extension of Time to Respond/Reply to 93 MOTION to Change Venue; Response due by 12/1/2016, Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/15/2016)
99 RESPONSE to 95 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue filed by Richard Dale Snyder, The Michigan Department of Environmental Quality, The State of Michigan. (Larsen, Zachary) (Entered: 11/18/2016)
100 RESPONSE to 95 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue filed by Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Connors, Jordan) (Entered: 11/21/2016)
101 REPLY to Response re 95 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 11/28/2016)
102 NOTICE of Appearance by James M. Campbell on behalf of Veolia North America, LLC. (Campbell, James) (Entered: 11/30/2016)
103 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America, LLC. (Grunert, John) (Entered: 11/30/2016)
104 RESPONSE to 93 MOTION to Change Venue PLAINTIFFS RESPONSE TO MDEQ DEFENDANTS MOTION FOR CHANGE OF VENUE filed by Beverly's Resturant Cakes & Catering, Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Attachments: # 1 Exhibit A) (Connors, Jordan) (Entered: 12/01/2016)
105 Ex Parte MOTION for Leave to File Excess Pages to Reply to Plaintiffs' Brief in Opposition to MDEQ Defendants' Motion for Change of Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Perry, Michael) (Entered: 12/30/2016)
106 REPLY to Response re 93 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Perry, Michael) (Entered: 12/30/2016)
TEXT−ONLY ORDER Granting 105 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/04/2017)

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 16 of 17

02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/02/2017
02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/02/2017 02/03/2017 02/07/2017 02/07/2017 03/07/2017 04/28/2017
05/03/2017 05/12/2017
05/15/2017 05/25/2017

107 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Gerald Ambrose (Levens, Emmy) (Entered: 02/02/2017)
108 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Stephen Busch (Levens, Emmy) (Entered: 02/02/2017)
109 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Patrick Cook (Levens, Emmy) (Entered: 02/02/2017)
110 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Darnell Earley (Levens, Emmy) (Entered: 02/02/2017)
111 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Michael Glasgow (Levens, Emmy) (Entered: 02/02/2017)
112 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Edward Kurtz (Levens, Emmy) (Entered: 02/02/2017)
113 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to The Michigan Department of Environmental Quality (Levens, Emmy) (Entered: 02/02/2017)
114 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Michael Prysby (Levens, Emmy) (Entered: 02/02/2017)
115 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Adam Rosenthal (Levens, Emmy) (Entered: 02/02/2017)
116 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Liane Shekter Smith (Levens, Emmy) (Entered: 02/02/2017)
117 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Richard Dale Snyder (Levens, Emmy) (Entered: 02/02/2017)
118 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to The State of Michigan (Levens, Emmy) (Entered: 02/02/2017)
119 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Bradley Wurfel (Levens, Emmy) (Entered: 02/02/2017)
120 NOTICE of Voluntary Dismissal by Frances Gilcreast, Vivian Kelley, Estella A Simpkins as to Daniel Wyant (Levens, Emmy) (Entered: 02/02/2017)
121 Joint MOTION for Status Conference by Frances Gilcreast, Vivian Kelley, Estella A Simpkins. (Levens, Emmy) (Entered: 02/03/2017)
122 ORDER OF DISMISSAL for Lack of Subject Matter Jurisdiction, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/07/2017)
123 JUDGMENT, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/07/2017)
124 MOTION TO ALTER OR AMEND THE JUDGMENT by Veolia North America, LLC. (Williams, Michael) (Entered: 03/07/2017)
125 SUPPLEMENTAL BRIEF re 124 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Veolia North America, LLC. (Attachments: # 1 Exhibit 1: Davenport Opinion) (Bush, Cheryl) (Entered: 04/28/2017)
126 ORDER granting 124 Motion to Amend Judgment. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/03/2017)
127 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge John Corbett O'Meara in Ann Arbor to District Judge Paul D. Borman in Detroit. (SSch) (Entered: 05/12/2017)
128 ORDERS of RECUSAL. Case Reassigned to District Judge Judith E. Levy. (SSch) (Entered: 05/16/2017)
129 MOTION for Leave to File Amended Rule 12(b)(1), 12(b)(2) and 12(b)(6) Motion to Dismiss Plaintiffs' Class Action Complaint for Lack of Subject Matter Jurisdiction,

Case: 5:16-cv-11173-JEL-MKM As of: 09/26/2019 10:52 PM EDT 17 of 17

05/30/2017 05/30/2017 05/30/2017 06/08/2017 06/09/2017 06/12/2017 06/15/2017
07/26/2017 07/27/2017 07/28/2017

Lack of Personal Jurisdiction, and Failure to State a Cause of Action by Leo A. Daly Company. (Attachments: # 1 Exhibit A − Proposed Amended Motion) (Kamenec, Robert) (Entered: 05/25/2017)
130 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lan Inc. identifying Corporate Parent Leo A. Daly Company for Lan Inc.. (Erickson, Philip) (Entered: 05/30/2017)
131 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood, Andrews & Newman, Inc. for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)
132 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, P.C. identifying Corporate Parent Lockwood Andrews & Newnam Inc for Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 05/30/2017)
133 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
134 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
135 RESPONSE to 129 MOTION for Leave to File Amended Rule 12(b)(1), 12(b)(2) and 12(b)(6) Motion to Dismiss Plaintiffs' Class Action Complaint for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and Failure to State a Cause of Action filed by All Plaintiffs. (Levens, Emmy) (Entered: 06/12/2017)
136 REPLY to Response re 129 MOTION for Leave to File Amended Rule 12(b)(1), 12(b)(2) and 12(b)(6) Motion to Dismiss Plaintiffs' Class Action Complaint for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and Failure to State a Cause of Action filed by Leo A. Daly Company. (Erickson, Philip) (Entered: 06/15/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/26/2017)
137 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
138 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)

 
 2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 1 of 41 Pg ID 1

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

____________________________________

BEATRICE BOLER, individually and as :

a class representative;

:

:

PASTOR EDWIN ANDERSON and :

MRS. ALLINE ANDERSON,

:

individually and as a class representatives; :

:

EPCO SALES LLC, individually

:

and as a class representative

:

:

:

Plaintiffs,

:

:

v.

:

:

DARNELL EARLEY,

:

(individually, and in his

:

official capacity as Emergency Manager) :

City Hall

:

1101 South Saginaw Street

:

Flint, MI 48502;

:

:

and,

:

:

GERALD AMBROSE,

:

(individually, and in his

:

official capacity as Emergency Manager) :

City Hall

:

1101 South Saginaw Street

:

Flint, MI 48502;

:

:

and,

:

:

DAYNE WALLING,

:

(individually, and in his

:

JUDGE:
CASE NUMBER 16-cvCLASS ACTION JURY DEMAND

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 2 of 41 Pg ID 2

official capacity as Mayor)

:

City Hall

:

1101 S. Saginaw Street

:

Flint, Michigan 48502;

:

:

and,

:

:

CITY OF FLINT,

:

c/o Flint City Attorney

:

1101 S. Saginaw Street

:

Flint, Michigan 48502;

:

:

and,

:

:

HON. RICHARD DALE SNYDER,

:

(individually, and in his

:

official capacity as Governor)

:

234 West Baraga Avenue

:

Marquette, MI 49855;

:

:

and,

:

:

STATE OF MICHIGAN,

:

G. Mennen Williams Building, 7th Floor :

525 W. Ottawa Street

:

Lansing, MI 48909;

:

:

and,

:

:

STATE OF MICHIGAN

:

DEPARTMENT OF ENVIRONMENTAL:

QUALITY

:

523 West Allegan Street

:

Lansing, MI 48909;

:

:

and,

:

:

STATE OF MICHIGAN

:

DEPARTMENT OF HEALTH AND :

HUMAN SERVICES,

:

2

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 3 of 41 Pg ID 3

Capitol View Building

:

201 Townsend Street

:

Lansing, MI 48913;

:

:

Defendants________________ :

CLASS ACTION COMPLAINT

NOW COME Plaintiffs and Class Representatives Beatrice Boler, Pastor

Edwin Anderson, Mrs. Alline Anderson, and Epco Sales LLC, by their

undersigned attorney Valdemar L. Washington and the Law Offices of Valdemar

L. Washington, PLLC, and pursuant to Fed. R. Civ. P. 3 and 23, hereby file this

class action complaint, by which they sue the Defendants named in the caption

above, and present as follows:

1. This is a class action complaint for equitable relief and damages on

behalf of the residents of the City of Flint (hereinafter, “Flint”), arising out of

Defendants’ acts, under color of law, without legal justification or constitutional

authority, acts that unilaterally lead-polluted and Legionella-infected the City’s

water supply, turning it into poison in the process, thus interfering with the Class’

constitutional right to contract for the purchase of safe and potable water. Plaintiffs

also allege that Defendants have violated their due process rights by unilaterally

depriving the citizenry of safe and potable water; failing to act for the welfare of

the general public; acting in gross negligence by failing to address a dangerous

environmental hazard, i.e., lead leaching from corroded pipes into the water supply

3

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 4 of 41 Pg ID 4
as required by the Michigan Safe Water Drinking Act, MCL 325.1001 et.seq; in conspiring to commit these constitutional and other deprivations and intentional torts, by actively discriminating against ordinary citizens while, conversely, showing preferential treatment toward certain State of Michigan employees, who were specifically aware of the degradation of water quality in Flint and were provided with safe, potable drinking water alternatives not available to the general public; ignoring citizen complaints regarding the toxicity of the water supply; and, actively misleading the Plaintiffs regarding the dangerous health hazards presented without any process – whether procedural or substantive – to seek relief. Instead, citizens were simply expected to pay their monthly public utility water bills, while being delivered lead-poisoned and Legionella-infectious water by the public officials and entities named on the caption above. These claims are asserted under 42 U.S.C. §§ 1983 and 1985 (2015), implicating the said officials in not only the denial of constitutional rights, but also conspiracy to effect that denial, an act that is far more insidious than mere interference with their contract right. This court has subject matter jurisdiction to hear these claims pursuant to 28 U.S.C. §§ 1331 and 2201 (2015), and the Declaratory Judgment Act.
2. This action is brought on behalf of the Class of individuals through its Class Representatives Beatrice Boler, Pastor Edwin Anderson and Mrs. Alline Anderson, and Epco Sales LLC, on behalf of themselves and those similarly
4

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 5 of 41 Pg ID 5
situated residents whose contractual rights to receive safe, potable water and who were unilaterally abrogated and impeded under color of law, and without justification or due process of law. The Class is governed by Rule 23(a) and 23(b)(1) and (2) of the Federal Rules of Civil Procedure.
3. In Count I, brought under 42 U.S.C §§ 1983 and 1985, Plaintiffs seek declaratory and injunctive relief as well as damages for the complete impairment of the class’s right to contract for safe and potable water, where the impairment of Plaintiffs’ contract rights were neither reasonable nor necessary as required by both the federal and state constitutions.
4. In Counts II and III, brought under 42 U.S.C. § 1983 (2015), Plaintiffs seek damages as well as declaratory and injunctive relief because Defendants have deprived Plaintiffs of a property interest without either procedural or substantive due process, as well as having committed a taking of property without just compensation, in violation of 42 U.S.C. § 1983 (2015), and U.S. Const. Amend. 14. Additionally, Defendants, City of Flint and the State of Michigan acted pursuant to an official policy or custom.
5. This Court has personal jurisdiction over Defendants named herein as public officials of the State of Michigan sued in their official and individual capacities and public officials, employees of the City of Flint sued in their official and individual capacities as well as the City of Flint and State of Michigan for
5

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 6 of 41 Pg ID 6
violations of Plaintiffs’ constitutional rights. Similarly, the Court has personal jurisdiction over the Governor of the State of Michigan, in his official capacity, for prospective relief, exclusively. Additionally, Governor Snyder nor any of the State or City Defendants, nor the municipality, nor the State, are immune from tort liability for actions amounting to gross negligence, as such actions were ultra vires acts; further, no advance notice under Michigan’s tort claims statute is required.
6. Venue is properly sited in this Court, as the Defendants conduct their business in the Eastern District of Michigan.
PARTIES 7. Plaintiff Beatrice Boler is a married resident of Flint and mother of two children. Boler received water from the City of Flint and paid the water bill to the City in accordance with the contract. In exchange, Boler and her family received toxic and contaminated water not fit for human use and consumption. 8. Plaintiffs Pastor Edwin Anderson and Mrs. Alline Anderson are residents of Flint, and homeowners. Pastor and Mrs. Anderson received water from the City of Flint and paid the water bill to the City in accordance with the contract. In exchange, Pastor and Mrs. Anderson received toxic and contaminated water not fit for human use and consumption. 9. Plaintiff Epco Sales, LLC is a domestic limited liability company
6

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 7 of 41 Pg ID 7
located in Flint, Michigan that provides services to the residents of Flint at all times relevant to this Complaint. Plaintiff Epco received its water from the City of Flint and paid its water bill to the City in accordance with its contract. In exchange, Epco received toxic and contaminated water not fit for human use and consumption.
10. Defendant Darnell Earley (hereinafter “Earley”) served as the Emergency Manager of Flint from approximately November 1, 2013, until January 12, 2015, appointed by and served at the pleasure of the Honorable Richard Dale Snyder, Governor of Michigan (hereinafter, “Snyder”). As Emergency Manager, Earley acted under color of law and on behalf of the City of Flint, and therefore, served as both an agent, servant, and/or employee of the City of Flint and the State of Michigan. While serving as the Emergency Manager, Earley, among other things, unilaterally and purposefully abrogated the Plaintiffs’ contracts for the purchase of safe and potable water by forcing Plaintiffs to contract for poisonous water at some of the highest rates in the country. Defendant Earley’s unilateral abrogation of Plaintiffs’ contracts for the purchase of safe and potable water created and escalated the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards, and thus deprived Plaintiffs of life, liberty and property without due process of law.
11. Defendant Gerald Ambrose (hereinafter “Ambrose”) served as the
7

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 8 of 41 Pg ID 8
Emergency Manager of Flint from approximately January 13, 2015, until April 28, 2015, appointed by and served at the pleasure of Snyder. As Emergency Manager, Ambrose acted under color of law and on behalf of the City of Flint, and therefore, served as an agent, servant, and/or employee of both the City of Flint and the State of Michigan. While serving as the Emergency Manager, Ambrose, among other things, unilaterally and purposefully continued to abrogate the Plaintiffs’ contracts for the purchase of safe and potable water by forcing Plaintiffs to contract for poisonous water at some of the highest rates in the country. Defendant Ambrose’s unilateral abrogation of Plaintiffs’ contracts for the purchase of safe and potable water created and escalated the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards, and thus deprived Plaintiffs of life, liberty and property without due process of law.
12. Defendant Dayne Walling (hereinafter, Walling) served as the Mayor of Flint from approximately August 4, 2009, until November 9, 2015. As Mayor, Walling acted under color of law on behalf of the City of Flint, and therefore, served as an agent, servant, and/or employee of the City. As the Mayor of Flint, Walling endorsed the unilateral and purposeful abrogation of Plaintiffs’ contracts for the purchase of safe and potable water by forcing Plaintiffs to contract for poisonous water at the highest rates in the country. Defendant Walling created and escalated the dangers of poisoning the water for consumers in Flint, including but
8

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 9 of 41 Pg ID 9
not limited to, lead poisoning, Legionella, and other health hazards, and thus deprived Plaintiffs of life, liberty and property without due process of law.
13. Defendant City of Flint is a municipal corporation authorized under the laws of Michigan. Defendant Flint, through its agents, servants and employees acting under color of law, provides water services to its consumers. Despite protests from officials within the entity, the City of Flint, through its policy makers, approved the initial and continued use of a toxic alternative water source, and created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards.
14. Defendant the Honorable Richard Dale Snyder has served as the Governor of Michigan since January 1, 2011. The Governor is vested with executive power pursuant to Art. V, Sec. 1 of the Michigan State Constitution and is responsible for ensuring the health and safety of the citizens of Michigan. As Governor, Snyder acted under color of law and on behalf of the State of Michigan, and therefore, served as an agent, servant, and/or employee of the State. Snyder, as the Chief Executive and singularly responsible for the performance of agencies within the Executive, unilaterally and unreasonably abrogated the Class’ right to contract for safe and potable water, thereby creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to,
9

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 10 of 41 Pg ID 10
lead poisoning, Legionella, and other health hazards. Pursuant to Mich. Comp. Laws § 141.1541 (2013)(which effectively incorporated by reference Public Act 4 of 2011) Governor Snyder appointed both Emergency Manager Defendants and retained the power to replace them at any time. However, despite actual knowledge of the toxic water being supplied to Plaintiffs at the direction of the Emergency Manager Defendants, Snyder failed to take action until October 8, 2015, when he belatedly ordered the City of Flint to disconnect its water supply from the Flint River. As specifically pleaded, infra, as early as January 7, 2015, the Department of Technology, Management and Budget, an Executive agency under the direct supervision and control of the Governor, knew that the Flint River water supply was polluted, corrosive and dangerous so much that its supplied its own State employees in Flint an alternative bottled water source and dispensing coolers, but publically denied that anything was wrong with the Flint public water utility. See, Paul Egan, Amid Denials, State Employees in Flint Got Clean Water, THE DETROIT FREE PRESS (January 28, 2016) at 1A, available at: <http://www.freep.com/story/news/local/michigan/flintwatercrisis/2016/01/28/ami d-denials-state-workers-flint-got-clean-water/79470650>/ (last accessed, January 30, 2016).
15. Defendant State of Michigan through its agents, servants, and/or employees including but not limited to Defendants Earley, Ambrose and Snyder,
10

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 11 of 41 Pg ID 11
acting under color of law, unilaterally and unreasonably abrogated the Class’ right to contract for safe and potable water, thereby creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards.
16. The Defendant, Department of Environmental Quality (hereinafter, “MDEQ”), is a State of Michigan executive agency, principally tasked with ensuring the public receives clear and potable water to drink and air to breathe, as well as monitoring and cleanup of clearly polluted and poisonous water systems. Dan Wyant was the Director of Environmental Quality during most of the relevant time. Mr. Wyant was a political employee of Defendant Snyder and served at his pleasure. Defendant MDEQ, through its agents, servants and employees including Wyant, acting under color of law, unilaterally and unreasonably abrogated the Class’ right to contract for safe and potable water, thereby creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards. Recently Wyant resigned from his position as Director of the MDEQ.
17. The Defendant, Department of Health and Human Services, (hereinafter, “MDHHS”), is a State of Michigan executive agency, principally tasked with ensuring the public health, that is “keeping Michigan healthy.” Nick Lyon, the Director of MDHHS, is a political appointee of Defendant Snyder, who
11

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 12 of 41 Pg ID 12
serves at the Governor’s pleasure. Defendant MDHHS, through its agents, servants and employees including Lyon, acting under color of law, unilaterally and unreasonably abrogated the Class’ right to contract for safe and potable water, thereby creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards.
STATEMENT OF FACTS 18. The City of Flint is a Michigan municipal corporation and the seat of county government for Genesee County. The City of Flint Code of Ordinances includes provisions for the Plaintiffs to contract with the City for the purchase of safe and potable water at specified rates. Section § 46-16 defines as a “consumer” the person who makes application for water service or who is legally liable for the payment of bills for water service. The Ordinance likewise provides that the “furnishing of water service shall be deemed the sale of a commodity and the relationship between the Division of Water Supply of the City, and the consumer, that of vendor and purchaser.” 19. For approximately 50 years, the Detroit Water System supplied safe and potable water to Plaintiffs in exchange for Plaintiffs’ paying a monthly set water rate based on a measured quantity of water demonstrating actual consumption.
12

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 13 of 41 Pg ID 13
20. Around 2011, the City initiated a research study to determine if it could use the Flint River as an alternative water source. The study established that the Flint River water was unsafe as a potential water source because it was extremely corrosive and not useable as potable municipal water without the addition of anti-corrosive agents to prevent lead and other heavy metals from leaching from water lines. In fact, as early as 2004, the City was placed on notice through an earlier source-water assessment that the Flint River is “categorized as having a very high susceptibility to potential contaminant sources.” Flint city officials have been keenly aware of the dangers surrounding the use of the Flint River as an alternative water source since this time.
21. In 2011 the State of Michigan legislature considered and voted to adopt Public Act 4, which was purportedly intended to address budget deficits incurred by municipalities. This was not the first time a municipal insolvency statute had been passed or expanded by the Michigan legislature: an emergency financial manager statute was enacted in 1988 and was substantially expanded by the passage of Public Act 72 of 1990, codified as Mich. Comp. Laws §§ 141.1201, et seq. (1990). This predecessor of Public Act 4 permitted the Governor to appoint emergency financial managers for local governments and school boards provided certain conditions were met. Public Act 4 expanded the Governor’s authority to appoint emergency managers for municipalities facing budget shortfalls.
13

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 14 of 41 Pg ID 14
22. Public Act 4 was an immense expansion of Executive power. A Governor-appointed emergency manager had much more power under Public Act 4 than under any previous statute, including the power to cancel municipal debts by terminating existing municipal contracts. No previous municipal insolvency statutes authorized the rejection, modification or termination of existing contracts between the local governments in receiverships and third parties, but that is what Public Act 4 purported to do.
23. In April of 2014, Defendant Earley, serving as the Emergency Manager for Flint and acting under color of law, unilaterally and purposefully abrogated the Plaintiffs’ contracts to purchase safe and potable water supply by forcing Plaintiffs to contract for poisonous and contaminated water at what are ostensibly the highest water rates in the country. Before April 2014, Plaintiffs paid exorbitantly high per gallon process for safe, potable water supplied by Detroit Water and Sewerage Department (“DWSD”), and in exchange, received the benefit of Plaintiffs’ contract: safe and potable water.
24. In April 2014, Defendant Earley unilaterally began acquiring Flint’s water from the Flint River rather than from DWSD. The Flint River water was untreated and highly corrosive and caused lead to leach from the city’s water delivery system. The Defendants also became aware over time that the water delivered to consumers was unfit for human use and consumption because it was
14

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 15 of 41 Pg ID 15
contaminated with rust, total coliform and E. coliform and eventually, excessive amounts of Trihalomethanes.
25. By unilaterally switching the water supply to the Flint River, fully aware that the Flint River water was toxic, unsafe and not potable, Earley unreasonably and without justification abrogated Plaintiffs right to contract for a safe water supply and instead supplied only poisonous, toxic water.
26. Defendant Earley’s unilateral abrogation of Plaintiffs’ contracts for safe and potable water created and escalated the dangers of poisoning the water for consumers in Flint, including, but not limited to, rust contamination, excessive amounts of Trihalomethane, lead poisoning, Legionella, and other health hazards, and thus deprived Plaintiffs of life, liberty and property without due process of law. Defendant Earley falsely insisted the water was safe for drinking thus continuing to abrogate Plaintiffs contract rights to purchase safe and potable water.
27. Almost immediately following the switch to the Flint River, the Defendants received complaints that the drinking water smelled rotten, looked foul and tasted terrible. For the next several months, Defendants received such complaints via letters, emails, and phone calls. Defendants ignored Plaintiffs complaints and, acting under color of law, provided no process whatsoever for Plaintiffs to seek redress for Defendants unilateral abrogation of their rights to contract for safe, potable water supply. Defendants instead forced Plaintiffs to
15

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 16 of 41 Pg ID 16
contract for toxic, dangerous and unusable water at high prices with no options, recourse or compensation.
28. Months later, around January of 2015, the City sent consumers a notice stating that the drinking water violated drinking water standards, but nonetheless intentionally and falsely assured them that the water was safe to drink. The letter prompted demands that the City resume using the DWSD which drew its water from Lake Huron, a glacial lake and pristine water source. In fact, the DWSD invited Flint to re-establish the water supply and even offered to waive its $4 million re-connect fee. Defendant Earley declined the offer and instead continued to misrepresent to the consumers that the drinking was safe.
29. In January of 2015, Defendant replaced Defendant Earley as Emergency Manager. Later that same month, the DWSD again offered Defendant Ambrose the opportunity to re-connect the water supply to Flint, but Defendant Ambrose, acting under color of law, also declined.
30. Defendant Ambrose also misrepresented that the City’s drinking water was safe despite mounting evidence that the water was toxic and unfit for human consumption. Ambrose, among other things, provided no process for citizens to seek redress for the abrogation of the right to contract for safe and potable water. Ambrose ignored ongoing complaints and pleas for safer and better water and was grossly negligent in falsely and recklessly assuring the citizens of Flint that the
16

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 17 of 41 Pg ID 17
water was safe and potable. Defendant Ambrose further conspired, through agreement with Defendant, Department of Environmental Qualify, to present false water test results to support his misrepresentations. That same year, the Flint City Council voted to re-connect its water supply to the DWSD, but Defendant Ambrose rejected the change.
31. Also during 2015, the Environmental Protection Agency issued a memorandum to the State of Michigan setting forth the hazards that the Flint River water posed to consumers. Scientists, researchers, and other experts who tested the City’s water confirmed excess lead levels and brought this data to the attention of numerous government officials. Several public interest groups thus demanded that the City stop using the Flint River as its water supply. Defendants heeded none of these warnings.
32. In early October of 2015, Genesee County issued an emergency notice to residents advising consumers not to drink their tap water. Rather than reconnecting the water supply to the DWSD, officials decided to provide consumers with ineffective water filters which did not substantially improve the water quality and were not capable of filtering the contaminants that were known at the time to persist within the water supply. The City of Flint remained connected to the Flint Water system until finally, on October 8, 2015, Defendant Snyder ordered a reconnection with the DWSD.
17

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 18 of 41 Pg ID 18
33. At all relevant times, Plaintiffs contracted and expected to receive safe, potable water in exchange for paying among the highest water rates in the country. With no other alternative or recourse, Plaintiffs were forced to pay for a poisoned water supply that bore no resemblance to the healthy and potable water source that they had contracted to receive. Plaintiff home owners, renters, commercial establishments, restaurants, churches, day cares, and hospitals were all forced to use this toxic water supply containing, among other poisons, high levels of lead and other metals, e-coli, and Trihalomethanes.
34. Defendant Earley, as Emergency Manager and an agent, servant, and/or employee of the City and State of Michigan, intentionally replaced safe drinking water with a toxic alternative source, and thereby, created and escalated the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards. Defendant Ambrose, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally continued to use a toxic alternative water source, and as a result, prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards. Defendant Walling, as Mayor and agent, servant, and/or employee of the City, approved the decisions that began and continued the use of a toxic alternative water source, and consequently, created, escalated, and prolonged the dangers of poisoning the water
18

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 19 of 41 Pg ID 19
consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards. The City of Flint, through its policy makers, approved the initial and continued use of a toxic alternative water source, and created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards. These were acts of commission, rather than merely omission, occurring because of the gross negligence and deliberate indifference to the consequences of providing poisoned water by public officials, who blatantly abused the public trust.
35. Defendant Snyder belatedly ordered the City of Flint to disconnect its water supply from the Flint River. As a consequence, he participated in creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards. Defendant State of Michigan, through its agents, servants, and/or employees, actively approved the initial and continued use of a toxic alternative water source that was unfit for human consumption, failed to intervene until October of 2015, and thus, created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, Legionella, and other health hazards.
36. As a result of this breach, Plaintiffs suffered damages, because they continued to pay for healthful and potable water each month when in fact, the
19

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 20 of 41 Pg ID 20
water that the City supplied, remained dangerous and unfit for its intended use. CLASS ALLEGATIONS
37. This action is brought by the named Plaintiffs on their own behalf and on behalf of all others similar situated, as a class action pursuant to Fed.R.Civ.P. 23. Plaintiffs seek to represent a class defined as follows: all persons (whether natural or corporate) in the United States who, at any time between April 2014 and November 2015, paid, or were billed for, water provided by the City of Flint, Michigan.
38. The exact number of Class Members is uncertain and can only be ascertained through appropriate discovery of the City of Flint’s billing records. However, public information suggests that there are approximately 30,000 purchasers. As such, the Class is so numerous that the joinder of all members if impracticable. The Class is composed of an ascertainable set of persons who paid the City of Flint for water during a defined time period. Thus, the Class is sufficiently numerous to render a class action lawsuit most convenient, practical, and in the interest of judicial economy for all Plaintiffs to seek redress.
39. There are numerous questions of law and fact raised the Plaintiffs’ Complaint that are common to all Plaintiffs, including whether Defendants violated the Constitutional rights of the Class Members, and whether the Plaintiffs and putative Class Members are entitled to damages caused by the Defendants’ acts
20

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and omissions. 40. The Plaintiffs’ Class Representative’s claims are typical of the claims
of the Class in that the representative Plaintiffs, like all Class Members, paid or were billed for water provided by the City of Flint during the time period April 2014 to October 2015.
41. The factual bases of Defendants’ misconduct is common to all Class Members and represents a common thread of misconduct resulting in injury to all members of the Class.
42. The Plaintiffs’ Class Representative will fairly and adequately protect the interests of all Plaintiffs in the Class and pursue the action on behalf of the Class.
43. Undersigned Counsel is unaware of any conflicts between the Plaintiffs’ Class Representative and any other Plaintiff in the Class with respect to the claims, allegations, and damages sought, in this Complaint.
44. The undersigned Counsel has investigated all claims, allegations, and damages sought in this Complaint, has committed the appropriate resources to represent this Class, and is competent and experienced in class action and mass tort complex litigation.
45. The prerequisites of Rule 23(b)(3) are satisfied. The questions of law and fact common to the Class Members predominate over any questions which
21

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many affect only individual members. 46. A class action is superior to other available methods for the fair and
efficient adjudication of the controversy. Class treatment of common questions of law and fact is superior to multiple individual actions or piecemeal litigation. Moreover, absent a class action, most Class Members would likely find the cost of litigation their claims prohibitively high and would therefore have no effective remedy at law.
47. The prosecution of separate actions by the Plaintiffs in the Class would create the risk of inconsistent or varying adjudications with respect to the individual Plaintiffs, which would establish incompatible standards of conduct for Defendants and obstruct the administration of justice. In contrast, the conduct of this action as a class actin presents far fewer management difficulties, conserves judicial resources and the parties’ resources, and protects the rights of each Class Member.
CLAIMS FOR RELIEF COUNT I
Deprivation of Constitutional Right - 42 U.S.C. § 1983 Impairment of Constitutional Right to Contract All Plaintiffs Against All Defendants
48. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein.
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49. The first clause of Article I, § 10 of the United States Constitution provides:
No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility. 50. The State of Michigan, through adoption of the Emergency Manager statute, and further, through the implementation of the law by appointment of the aforesaid emergency managers, Defendants Earley and Ambrose, and by the subsequent conduct of agencies acting for the Executive, including Defendant Snyder and Defendant State of Michigan Department of Environmental Quality, acting under color of law, unilaterally and unreasonably impaired the Plaintiffs’ obligation(s) of contract arising under their agreement to provide potable water to the general public, in exchange for water utility payments, as alleged, supra. 51. As a result, Plaintiffs were deprived a vital constitutional right, and have been damaged materially, physically, emotionally and financially. 52. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
23

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COUNT II Deprivation of Constitutional Right 42 U.S.C. § 1983
Due Process All Plaintiffs Against All Defendants 53. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 54. Defendants, acting under color of law, unilaterally abrogated and impaired, unreasonably and without justification, Plaintiffs’ rights to contract for purchase safe and potable water, causing Plaintiffs to receive toxic and contaminated water unfit for human use and consumption. Plaintiffs were deprived any process whatsoever to seek redress failure to provide clean, potable water for Defendants’ unilateral impairment of their contract to purchase safe and potable water. Plaintiffs were further deprived of any process to seek redress for the deprivation of safe potable water or for the harms caused from being forced to purchase highly toxic water unfit for human use and consumption. 55. Plaintiffs, thus, were denied both substantive and procedural due process of law, as that right is guaranteed under U.S. Const. Amend XIV. 56. As such, the Plaintiffs have been deprived a vital constitutional right, and have been damaged materially, physically, emotionally and financially. Defendants, moreover, acted to effect the Constitutional deprivation with actual malice or, alternatively – as alleged, supra – with a minimum of gross negligence.
24

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57. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT III Deprivation of Constitutional Right 42 U.S.C. § 1983 Breach of Duty to Protect Against State-Created Danger
All Plaintiffs Against All Defendants 58. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 59. Defendants, under color of law, were expressly responsible to protect the public health, safety and welfare of Plaintiffs. Defendants, in abrogation of this special duty, knowingly, recklessly and callously exposed Plaintiffs to toxic and contaminated water unfit for human use and consumption. 60. Defendants further placed Plaintiffs in continuous and ongoing danger by misrepresenting that the toxic water was safe and fit for human use and consumption. Because the State affirmatively created the danger, it had a duty to protect the Plaintiffs. 61. As a result, Plaintiffs were deprived damaged in their property, personal health, and economically by the inherently dangerous activity of the aforesaid State personnel. 62. Plaintiffs were further denied both procedural and substantive due
25

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process of law, as alleged, supra, and suffered the various injuries of which they have already complained in the paragraphs above.
63. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT IV Deprivation of Constitutional Right – 42 U.S.C. § 1983 Equal Protection Violation – U.S. Const. Amend. XIV
All Plaintiffs Against All Defendants 64. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 65. Defendants, acting under color of law, unilaterally and unreasonably impaired the Plaintiffs’ obligation(s) of contract arising under their agreement to provide potable water to the general public, in exchange for water utility payments. No reasonable, rational or articulable basis exists for Defendants’ ongoing and continuous supply of toxic water that is unfit for human use to Plaintiffs solely and exclusively. No other Michigan citizen has suffered the callous and purposeful provision of toxic water that is unfit for human use and consumption at great expense of property, liberty, health and safety. 66. Defendants differing, disparate and dishonest deprivation of Plaintiffs constitutional and common law rights and benefits deprived Plaintiffs of their
26

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constitutional right to equal protection of the law, as that right is set forth in U.S. Const. Amend. XIV.
67. As a result of the disparate and discriminatory treatment, Plaintiffs were damaged in their property, their personal health, and economically, as a direct consequence of the constitutional deprivation.
68. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT V 42 U.S.C. §1983 – Unconstitutional Deprivation of Property Interest Without
Due Process or Just Compensation All Plaintiffs Against All Defendants 69. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 70. The Fourteenth Amendment to the United States Constitution provides that no person shall be deprived of property without due process of law. 71. Section § 46-16 et. seq. of the Flint City Ordinance establish that Defendant City of Flint and Plaintiffs have contracted for provision of safe and potable water, and as such, are contracts establishing property rights under state law. Defendants then knowingly and unreasonably abrogated Plaintiffs’ contract
27

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rights by providing toxic and contaminated water unfit for human use and consumption.
72. Prior to the deprivation of a property interest, Plaintiffs were not given any opportunity to be heard upon notice of the deprivation of their property interests.
73. Defendants did not provide Plaintiffs with notice and an opportunity to be heard at a meaningful hearing, nor have Defendants provided Plaintiffs with just compensation for their taking of Plaintiffs’ property interests.
74. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT VI Conspiracy To Deprive of Constitutional Right – 42 U.S.C. § 1985
All Plaintiffs Against All Defendants
75. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein.
76. As alleged, supra, the Defendants, acting under color of law, combined, conspired and confederated to impair Plaintiffs constitutional rights by falsely claiming that the Flint River water supply was safe and potable when Defendants knew and recklessly disregarded all evidence to the contrary.
28

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Defendants knowing, concerted and fraudulent actions led to the deprivation of Plaintiffs rights, including but not limited to:
a. abrogating Plaintiffs constitutional right to contract for safe and potable water by unilaterally provision of toxic water unfit for human use and consumption unreasonably and without justification. b. denying Plaintiffs any process or redress for the harms caused by Defendants unilateral impairment of Plaintiffs contract rights, including but not limited to, all harms to property, liberty, health and safety caused by exposure to a toxic water supply. c. denying Plaintiffs equal protection under law purposefully by, among other ways, providing poisonous water to residents of Flint, including Plaintiffs, at great expense of property, liberty, health and safety, thus irrationally and arbitrarily denying Plaintiffs the same benefits of safe and potable water provided to all other citizens of Michigan. d. breaching the special duty to protect the public health, and safety by knowingly, recklessly and callously creating the danger to Plaintiffs by providing toxic and contaminated water unfit for human use and consumption. 77. As described, supra, Plaintiffs were and continue to be horribly and irreparably damaged.
29

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78. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT VII Breach of Contract All Plaintiffs Against All Defendants 79. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 80. The Defendants breached their contract with Plaintiffs to provide safe drinking water in exchange for payment. Defendant Earley, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally replaced safe drinking water with a toxic alternative source, and thereby, created and escalated the dangers of lead poisoning. Defendant Ambrose, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally continued to use a toxic alternative water source that was unfit for human use and consumption, and as a result, prolonged the dangers of lead poisoning. Defendant Walling, as Mayor and agent, servant, and/or employee of the City, approved the decisions that began and continued the use of a toxic alternative water source that was unfit for human use and consumption, and consequently, created, escalated, and prolonged the dangers of lead poisoning. The City of Flint, through its policy makers, approved the initial and continued use of a toxic alternative water source,
30

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and created, escalated, and prolonged the dangers of lead poisoning and other health hazards among its consumers. Defendant Snyder failed to take action until October 8, 2015, when he belatedly ordered the City of Flint to disconnect its water supply from the Flint River. As a consequence, he participated in creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards. Defendant State of Michigan, through its agents, servants, and/or employees, passively approved the initial and continued use of a toxic alternative water source that was unfit for human use and consumption, failed to intervene until October of 2015, and thus, created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards.
81. The Plaintiffs made monthly payments to the City of Flint in exchange for safe drinking water that was fit for human use and consumption and free of contaminants such as rust, lead, other heavy metals, excessive E. coliform and coliform bacteria, and excessive amounts of Trihalomethane.
82. As a result of the Defendants’ breach of contract, Plaintiffs sustained physical, emotional, mental, and financial injuries from the toxic water, including, but not limited to, the monthly payments made in exchange for unusable water.
83. WHEREFORE, Plaintiffs demand compensatory damages,
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declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT VIII Unjust Enrichment All Plaintiffs Against All Defendants 84. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 85. The Plaintiffs were sold toxic drinking water that was unfit for human consumption instead of receiving clean drinking water, as promised. 86. The Defendants unjustly received the benefits of payments executed by Plaintiffs in exchange for contaminated and water that was unfit for human consumption, and used those payments for the operation of the City of Flint. Defendant Earley, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally replaced safe drinking water with a toxic alternative source, and thereby, created and escalated the dangers of lead poisoning and other health hazards. Defendant Ambrose, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally continued to use a toxic alternative water source, and as a result, prolonged the dangers of lead poisoning and other health hazards. Defendant Walling, as Mayor and agent, servant, and/or employee of the City, approved the decisions that began and continued the use of a toxic alternative water source, and consequently, created, escalated, and prolonged the
32

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 33 of 41 Pg ID 33
dangers of lead poisoning and other health hazards. The City of Flint, through its policy makers, approved the initial and continued use of a toxic alternative water source, and created, escalated, and prolonged the dangers of lead poisoning and other health hazards among its consumers. Defendant Snyder failed to take action until October 8, 2015, when he belatedly ordered the City of Flint to disconnect its water supply from the Flint River. As a consequence, he participated in creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards. Defendant State of Michigan, through its agents, servants, and/or employees, passively approved the initial and continued use of a toxic alternative water source, failed to intervene until October of 2015, and thus, created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards.
87. As a result of these acts and omissions, Plaintiffs sustained physical, emotional, mental, and financial injuries from the toxic water, including, but not limited to, the monthly payments made in exchange for toxic and contaminated water not fit for human use and consumption.
88. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
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COUNT IX Breach of Implied Warranty of Merchantability
All Plaintiffs Against All Defendants 89. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 90. The Defendants breached the implied warranty of merchantability by supplying water contaminated with rust, lead, excessive amounts of total coliform, E. Coliform, and Trihalomethane sufficient to pose a threat to human health and safety and to render the water unfit for its intended use. In exchange for payment, the Defendants impliedly promised, and indeed certified, fitness of the water for use as safe and potable drinking water. Instead, Defendant Earley, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally replaced safe drinking water with a toxic alternative source that was unfit for its intended use by virtue of the presence myriad contaminants, and thereby, created and escalated the dangers of lead poisoning and other health hazards. Defendant Ambrose, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally continued to use a toxic alternative water source, and as a result, prolonged the dangers of lead poisoning and other health hazards. Defendant Walling, as Mayor and agent, servant, and/or employee of the City, approved the decisions that began and continued the use of a toxic alternative water source, and consequently, created, escalated, and prolonged the dangers of lead poisoning
34

2:16-cv-10323-PDB-APP Doc # 1 Filed 01/31/16 Pg 35 of 41 Pg ID 35
illness and other health hazards. The City of Flint, through its policy makers, approved the initial and continued use of a toxic alternative water source, and created, escalated, and prolonged the dangers of lead poisoning illness and other hazards. Defendant Snyder failed to take action until October 8, 2015, when he belatedly ordered the City of Flint to disconnect its water supply from the Flint River. As a consequence, he participated in creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards. Defendant State of Michigan, through its agents, servants, and/or employees, passively approved the initial and continued use of a toxic alternative water source, failed to intervene until October of 2015, and thus, created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards.
91. The Plaintiffs made monthly payments to the City of Flint in exchange for safe drinking water, when in fact, the Defendants supplied toxic water that was unfit for human consumption.
92. As a result of these acts, Plaintiffs sustained physical, emotional, mental, and financial injuries from the toxic water, including, but not limited to, the monthly payments made in exchange for toxic and contaminated water unfit for human use and consumption.
35

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93. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT X Violation of the Michigan Consumer Protection Act
All Plaintiffs Against All Defendants 94. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 95. The Defendants violated the Michigan Consumer Protection Act, M.C.L.A. 445.903, which prohibits unfair, unconscionable and deceptive acts. The Defendants violated that Act by knowingly making false statements to consumers regarding the safety of their drinking water. Defendant Earley, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally replaced safe drinking water with a toxic alternative source, and thereby, created and escalated the dangers of lead poisoning and other health hazards. Defendant Ambrose, as Emergency Manager and an agent, servant, and/or employee of the City, intentionally continued to use a toxic alternative water source, and as a result, prolonged the dangers of lead poisoning and other health hazards. Defendant Walling, as Mayor and agent, servant, and/or employee of the City, approved the decisions that began and continued the use of a toxic alternative water source, and consequently, created, escalated, and prolonged the dangers of lead poisoning and
36

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other health hazards. The City of Flint, through its policy makers, approved the initial and continued use of a toxic alternative water source, and created, escalated, and prolonged the dangers of lead poisoning and other health hazards. Defendant Snyder failed to take action until October 8, 2015, when he belatedly ordered the City of Flint to disconnect its water supply from the Flint River. As a consequence, he participated in creating, escalating, and prolonging the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards. Defendant State of Michigan, through its agents, servants, and/or employees, passively approved the initial and continued use of a toxic alternative water source, failed to intervene until October of 2015, and thus, created, escalated, and prolonged the dangers of poisoning the water consumers in Flint, including but not limited to, lead poisoning, legionella, and other health hazards. Through these acts, the Defendants intentionally and consistently misrepresented to consumers that their water was safe and suitable for drinking, while knowing that it contained, among other poisons, toxic levels of lead, excessive levels of total coliform and E. Coliform, excessive levels of Trihalomethane and rust. The Defendants’ statements were unfair and deceptive, on which Plaintiff(s) relied, consumed the toxic water, and made monthly payments to the City of Flint.
96. As a result of these acts, Plaintiffs sustained physical, emotional,
37

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mental, and financial injuries from the toxic water, including, but not limited to, the monthly payments made in exchange for toxic and contaminated water unfit for human use and consumption.
97. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and interest.
COUNT XI Conversion All Plaintiffs Against All Defendants 98. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 99. The Defendants, through the wrongful exercise or assumption of authority, knowingly deprived Plaintiffs of the safe, potable water for which they contracted, and instead provided toxic water unfit for human use and consumption. 100. Defendants, through the wrongful exercise or assumption of authority, took and converted to their own use Plaintiffs’ property, including periodic water payments and safe, potable water to which Plaintiffs were entitled, depriving Plaintiffs of the possession and use of the same, and causing substantial damages to Plaintiffs. 101. WHEREFORE, Plaintiffs demand compensatory damages, declaratory and injunctive relief, and punitive damages as appropriate, as well as costs and
38

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interest. COUNT XII
Gross Negligence All Plaintiffs Against All Defendants 102. Plaintiffs incorporate and adopt each allegation contained in the preceding and subsequent paragraphs of this Complaint, as if fully set forth herein. 103. Defendants owe a duty of care to Plaintiffs to provide healthy, potable drinking water and to minimize, ameliorate, and eliminate environmental harms, pursuant to the statutory authority, cited supra. 104. Defendants breached that duty by, among other things, knowingly, recklessly, and callously providing Plaintiffs a toxic water supply unfit for human use and consumption while publicly insisting that the water is safe and fit; knowingly, recklessly and callously refusing to return the Plaintiffs to a safe and potable water supply despite ample evidence that the Flint water was highly toxic; acknowledging Flint water was unfit for human use and consumption by providing its own State employees in Flint bottled water taking no contemporaneous action to protect Plaintiffs. Defendants’ conduct demonstrated a substantial lack of concern as to whether an injury results. 105. As a consequence, Plaintiffs were injured, continue to be injured, and will suffer likely permanent and disabling injuries into the future, as a result of the Defendants knowing, reckless and callous acts.
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106. WHEREFORE, Plaintiffs demand compensatory damages,

declaratory and injunctive relief, and punitive damages as appropriate, as well as

costs and interest.

RELIEF REQUESTED

WHEREFORE, Plaintiffs request the following relief:

a. An Order certifying this lawsuit as a Class Action;

b. An Order declaring the Defendants liable for each Cause of Action

stated above;

c. Compensatory damages as requested above;

d. Consequential damages as appropriate;

e. Punitive damages as appropriate;

f. Reasonable attorneys’ fees and litigation expenses; and

g. Any other relief, including injunctive relief, as this Court deems fair.

Respectfully Submitted,

Date: January 31, 2016

/S/ Valdemar L. Washington Valdemar L. Washington P-27165 Valdemar L. Washington, PLLC Attorney for Plaintiffs 718 Beach Street/ P.O. Box 187 Flint, MI 48501-0187 Ph 810.407.6868 Fax 810.265.7315 Email: vlwlegal@aol.com P-27165

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DEMAND FOR JURY TRIAL

Plaintiffs hereby demand a trial by jury on the issues set forth in their complaint.

Respectfully Submitted,

Date: January 31, 2016

/S/ Valdemar L. Washington Valdemar L. Washington P-27165 Valdemar L. Washington, PLLC Attorney for Plaintiffs 718 Beach Street/ P.O. Box 187 Flint, MI 48501-0187 Ph 810.407.6868 Fax 810.265.7315 Email: vlwlegal@aol.com P-27165

41

 
 5:16-cv-10323-JCO-MKM Doc # 17 Filed 02/24/16 Pg 1 of 36 Pg ID 82

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

___________________________________

BEATRICE BOLER et al.,

)

Plaintiffs,

)

)

v.

)

)

DARNELL EARLEY et al.,

)

Defendants.

)

___________________________________ )

C.A. No. 5:16-cv-10323 JURY DEMAND JUDGE O’MEARA

PLAINTIFFS’ MOTION FOR A PRELIMINARY INJUNCTION AGAINST
DEFENDANT CITY OF FLINT Pursuant to Fed.R.Civ.P. 65, and for all the reasons set forth in the accompanying memorandum, Plaintiffs and the putative class move this Court to enter a preliminary injunction Defendant City of Flint (hereinafter “City”) to cease billing for water, and to cease any and all collection efforts (including any shutoffs). To date, despite the uncontestable fact that Flint water has been undrinkable and unuseable since April 25, 2014, the City continues to send bills to Plaintiffs and the putative class and engage in collection efforts designed to coerce representative plaintiffs. As set forth in further detail in the memorandum, only an immediate cessation to billing and collecting ordered by the Court will halt the ongoing deprivation of the Flint payors’ Constitutional rights, which, by operation of law, cause irreparable harm.

5:16-cv-10323-JCO-MKM Doc # 17 Filed 02/24/16 Pg 2 of 36 Pg ID 83
A proposed Order is attached. Defendant City does not concur with the
requested relief. Plaintiffs respectfully request an evidentiary hearing.
Fed.R.Civ.P. 65(a)(2).
/s/ Valdemar L. Washington Valdemar L. Washington (P-27165) Valdemar L. Washington, PLLC Attorney for Plaintiffs 718 Beach Street Flint, Michigan 48501-0187 Ph 810.407.6868 Fax 810.265.7315 vlwlegal@aol.com
/s/ Susan L. Burke Susan L. Burke (No. 7552) William H. Murphy III (application pending) Nicholas A. Szokoly (application pending) Murphy, Falcon & Murphy One South Street, 23rd Floor Baltimore, Maryland 21202 Ph 410.539.6500 Fax 410.539.6599 susan.burke@murphyfalcon.com

1533-000 / 305019

2

5:16-cv-10323-JCO-MKM Doc # 17 Filed 02/24/16 Pg 3 of 36 Pg ID 84

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

___________________________________

BEATRICE BOLER et al.,

)

Plaintiffs,

)

)

v.

)

)

DARNELL EARLEY et al.,

)

Defendants.

)

___________________________________)

C.A. No. 5:16-cv-10323 JURY DEMAND JUDGE O’MEARA

PLAINTIFFS’ MEMORANDUM IN SUPPORT OF MOTION FOR A PRELIMINARY INJUNCTION AGAINST
DEFENDANT CITY OF FLINT

/s/ Valdemar L. Washington Valdemar L. Washington (P-27165) Valdemar L. Washington, PLLC Attorney for Plaintiffs 718 Beach Street Flint, Michigan 48501-0187 Ph 810.407.6868 Fax 810.265.7315 vlwlegal@aol.com
/s/ Susan L. Burke Susan L. Burke (No. 7552) William H. Murphy III (application pending) Nicholas A. Szokoly (application pending) Murphy, Falcon & Murphy One South Street, 23rd Floor Baltimore, Maryland 21202 Ph 410.539.6500 Fax 410.539.6599 susan.burke@murphyfalcon.com

5:16-cv-10323-JCO-MKM Doc # 17 Filed 02/24/16 Pg 4 of 36 Pg ID 85
TABLE OF CONTENTS Page
TABLE OF AUTHORITIES ............................................................................... ii TABLE OF EXHIBITS ......................................................................................... v STATEMENT OF FACTS .................................................................................... 2 ARGUMENT ....................................................................................................... 10
I. THE FLINT PAYORS LIKELY WILL SUCCEED ON THE MERITS OF THEIR CONSTITUTIONAL CLAIMS. ............................................ 11 A. Constitutional Right To Contract (Count I) ......................................... 12 B. Constitutional Right To Due Process (Count II) .................................. 14 i. Procedural Due Process ................................................................... 14 ii. Substantive Due Process ................................................................. 16
C. Constitutional Right To Be Free From State-Created Danger (Count III) ............................................................................................. 19
D. Constitutional Right To Equal Protection (Count IV) ......................... 21
E. Constitutional Right To Be Free From Government Impairment Of Property Interest (Count V) ............................................................. 22
II. THE FLINT PAYORS WILL SUFFER IRREPARABLE HARM IN THE ABSENCE OF AN INJUNCTION. .................................................. 23
III. THE EQUITIES WEIGH IN FAVOR OF AN INJUNCTION WHEN CONSTITUTIONAL RIGHTS ARE BEING VIOLATED. ................... 24
CONCLUSION .................................................................................................... 24

1533-000 / 304851

i

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TABLE OF AUTHORITIES
Page Cases Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978) .......................... 12 Amen v. City of Dearborn, 718 F.2d 789, 794 (6th Cir. 1983) ........................... 22 American Civil Liberties Union of Kentucky v. McCreary County Kentucky, 354 F.3d 438, 445 (6th Cir. 2003) aff'd sub nom. McCreary Cty., Ky. v. Am. Civil Liberties Union of Ky., 545 U.S. 844 (2005). ...................................................................................... 1, 23, 24 Baker v. McCollan, 443 U.S. 1437, 99 S.Ct. 2689, 61 L.Ed.2d 443 (1970) ........................................................................................ 11 Cartwright v. City of Marine City, 336 F.3d 487 (6th Cir. 2003) ...................... 20 Certified Restoration Dry Cleaning Network, L.L.C. v. Tenke Corp., 511 F.3d 535 (6th Cir. 2002) .............................................................................. 10 Cleveland Board of Education. v. Loudermill, 470 U.S. 532 (1985) .................. 15 County of Sacramento v. Lewis, 523 U.S. 833, 845-46, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998) .................................................................................... 14 DeShaney v. Winnebago Country Dep’t of Social Serv., 489 U.S. 189, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989) .............................................................. 20 Hudson County Water Co. v. McCarter, 209 U.S. 349 (1908) .................... 14, 15 Jolivette v. Husted et al., 694 F.3d 760 (6th Cir. 2012) ...................................... 11 Jones v. Caruso, 569 F.3d 258 (6th Cir. 2009) ................................................... 24 Jones v. Reynold, 438 F.3d 685 (6th Cir. 2006) ................................................. 20 Kallstrom v. City of Columbus, 136 F.3d 1055 (6th Cir. 1998) ............. 11, 19, 20 Legatus v. Sebelius, 901 F. Supp. 2d 980 (E.D. Mich. 2012) ............................. 23 Liberty Coins, LLC v. Goodman, 748 F.3d 682 (6th Cir. 2014) ......................... 11 Loesel v. City of Frankenmuth, 692 F.3d 452 (6th Cir. 2012) ............................ 21

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Loretto v. Teleprompter Manhattan CATV Corp, 458 U.S. 419 (1982) ............ 22 McQueen v. Beecher Community Schools, 433 F.3d 460 (6th Cir. 2006) .......... 20 Moore v. City of East Cleveland, Ohio, 431 U.S. 494 (1977) ............................ 17 Obama for American, et al. v. Jon Husted, et al., 697 F.3d 423 (6th Cir. 2012) ................................................................................................ 11, 24 Ogden v. Saunders, 25 U.S. 213 (1827) ............................................................. 12 Overstreet v. Lexington Urban County Gov’t, 305 F.3d 566 (6th Cir. 2002) ..................................................................................................... 10 Range v. Douglas, 763 F.3d 573 (6th Cir. 2014) .................................... 16, 17, 18 Rochin v. California, 342 U.S. 165 (1952) ................................................... 18, 19 United States v. Causy, 328 U.S. 256 (1948) ..................................................... 22 United States Trust Company of New York v. New Jersey, 431 U.S. 1 (1977) .......................................................................................... 13, 14 Wedgewood Limited Partnership I v. Township Of Liberty, Ohio, 610 F.3d 340 (6th Cir. 2010) ........................................................................ 15, 16 Welch v. Brown, 935 F. Supp. 2d 875 (E.D. Mich. 2013) ............................ 11, 13 Winnett v. Caterpillar, Inc., 609 F.3d 404 (6th Cir.2010) .................................. 11 Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008) ............................................................................................. 10
Statutes and Rules U.S. Const. art. I, § 10, cl. 1 ............................................................................... 12 U.S. Const. amend. XIV, § 1 ............................................................................. 14 33 U.S.C § 1251 .................................................................................................. 17
42 U.S.C. 1983 ................................................................................................... 11 40 C.F.R. § 104.1 ................................................................................................ 17
Fed.R.Civ.P. 65 ............................................................................................... 1, 10 Mich. Comp. Laws Ann. § 325 .................................................................... 15, 17

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Mich. Admin. Code R. 323.2201 (Ground Water Quality) ............................... 17 City of Flint Ordinance § 46-16 ........................................................................... 2

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TABLE OF EXHIBITS
Exhibit 1 – Letter from Robert A. Green, Field Operations Section, Drinking Water and Radiological Protection Division, Michigan Department of Environmental Quality to Robert Malloch, Water Production Manager, City of Detroit (March 3, 2000) Exhibit 2 – Preliminary Engineering Report from AECOM, et al. Lake Huron Water Supply, Karegnondi Water Authority (September 2009) Exhibit 3 – Memorandum to Clerks of Various Customer Communities from Sue F. McCormick, Director, Detroit Water and Sewerage Department (May 3, 2013) Exhibit 4 – Flint Water Supply Assessment Final Report (February 6, 2013) Exhibit 5 – Press Release, City of Flint, City of Flint Officially Begins Using Flint River as Temporary Primary Water Source (April 25, 2014) Exhibit 6 – Department of Environmental Quality, Governor’s Office Briefing Paper, City of Flint Drinking Water (October 1, 2014) Exhibit 7 – “DEQ Backgrounder on Flint water” -- briefing paper from Department of Environmental Quality for the Governor (transmitted via email on February 1, 2015) Exhibit 8 – Memorandum from Miguel Del Toral to Thomas Poy, EPA Region 5 (June 24, 2015) Exhibit 9 – Email correspondence from Pat Cook, Michigan Department of Environmental Quality to Miquel Del Toral, EPA (April 24, 2015) Exhibit 10 – City of Flint Technical Advisory Committee 5/20/2015 Meeting Summary) Exhibit 11 – Nguyen, Caroline. Chloride-to-sulfate mass ration: Practical Studies in Galvanic Corrosion of Lead Solder, 103:1 Journal of the American Water Works Association 81-92 (2011)

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Exhibit 12 – Email correspondence from Governor’s Office (September 25 – 26, 2015) Exhibit 13 – Edwards, Marc, Michigan Health Department Hid Evidence of Health Harm Due to Lead Contaminated Water: Allowed False Public Assurances by MDEQ and Stonewalled Outside Researchers, Dec. 21, 2015, http://flintwaterstudy.org/2015/12/michigan-health-department-hid-evidence-ofhealth-harm-due-to-lead-contaminated-water-allowed-false-public-assurances-bymdeq-and-stonewalled-outside-researchers Exhibit 14 – City of Flint Lead Advisory (September 25, 2015) Exhibit 15 – Water Bill Statements August – December 2015 (Redacted) Exhibit 16 – EPA Advisory to Flint Residents (February 9, 2016) Exhibit 17 – Analysis of the Flint River as a Permanent Water Supply (July 2011) Exhibit 18 – Veolia Water Quality Report (March 12, 2015)

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Plaintiffs and the putative class (hereinafter “Flint payors”) request that this Court to enter a preliminary injunction, pursuant to Federal Rule of Civil Procedure 65, against Defendant City of Flint (hereinafter “City”), directing it to cease billing for water, and to cease any and all collection efforts (including any shut-offs). The City’s use and distribution of water contaminated with lead and bacteria rather than safe water fit for human consumption caused nothing short of a public health disaster for its residents. The City has continued to bill Flint payors for the contaminated water and engaged in collection efforts designed to coerce Flint payors, including the representative plaintiffs, into paying their water bills despite the uncontestable fact that Flint water has been undrinkable and unuseable since April 25, 2014 and will remain so for the foreseeable future.
An immediate cessation to billing and collecting ordered by the Court will halt the ongoing deprivation of the Flint payors’ Constitutional rights. By operation of law, these deprivations cause irreparable harm. American Civil Liberties Union of Kentucky v. McCreary County Kentucky, 354 F.3d 438, 445 (6th Cir. 2003) aff'd sub nom. McCreary Cty., Ky. v. Am. Civil Liberties Union of Ky., 545 U.S. 844 (2005). The Flint payors respectfully request an evidentiary hearing. Fed.R.Civ.P. 65(a)(2).

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STATEMENT OF FACTS 1. On April 25, 2014, defendants switched the City of Flint’s water source away from Detroit Water and Sewer Department (“Detroit Water”), which had safely provided Flint with treated clean water for more than fifty years, to the toxic Flint River, without being compelled by any rational government purpose, and without providing proper water treatment. Defendants repeatedly and falsely assured and reassured Flint residents that the water was safe, and encouraged them to continue consuming contaminated water even though from the beginning, Flint water was, and is, contaminated and unsafe for human use. 2. Before April 25, 2014, Flint residents received safe and fit drinking water in exchange for paying their water bills. See City of Flint Ordinance §46-16 (b) (water service deemed the sale of commodity). The City purchased this water from Detroit Water, which obtained it from Lake Huron and properly treated it to ensure its potability. See Exhibit 1 at 1 (treatment of Detroit water included “optimum corrosion control [by] using phosphoric acid.”) The City also operated a small water treatment plant to treat to water from the Flint River, which was used as a back-up water supply. See Exhibit 2 at 14. 3. In 2009, despite the demonstrable lack of any problems with Detroit water, the City began to work with three neighboring counties to create a new water authority that would draw water from Lake Huron via a new pipeline. The

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City-retained engineers issued a report in September 2009 that set forth an approach to creating a new water authority (called Karegnondi Water Authority or KWA) that would draw and treat water from Lake Huron. The report assumed “a single water treatment plan, centrally located amongst the four communities” would be responsible for the water treatment. See Exhibit 2 at Appendix 10-4. The report noted that any alternative water supply had to be evaluated not only on cost, but also on quality. See Exhibit 2. Although the report noted the City had a water treatment plant, it concluded that the plant would have to be substantially upgraded before it could be used as the place for treatment of all the water. Specifically, the plant needed “disinfection upgrades, chemical feed systems, finished water pumping” and “updated controls and monitoring,” among other things. See Exhibit 2 at 14.
4. The City had no rational reason to stop using Detroit water. Costs were not the issue, as Detroit Water offered myriad ways to keep costs lower than the available alternatives. See Exhibit 3 (Detroit presenting “worthwhile operational and cost-saving options that would have been mutually beneficial to all parties.”) Nor did the KWA alternative provide greater water redundancy and thus greater water security. See Exhibit 4 at 19 (KWA pipeline plan “offers less redundancy to Flint than the current DWSD system.”) The evidence suggests the

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City wanted to switch to KWA for “autonomy” and because it did not want to be held hostage to Detroit’s rate-setting power. See Exhibit 4 at 20.
5. Even assuming for the sake of argument that the City had a rational reason to move to KWA, the City failed to wait until the completion of the KWA pipeline to sever the relationship with Detroit Water, and instead prematurely opted to switch to using the Flint River as the exclusive source of water to fulfill its contracts with the Flint residents. On April 25, 2014, two years before the anticipated completion of the KWA pipeline, the City announced that “[t]oday the valve to the pipeline from Detroit was closed and the Flint River officially became Flint’s water supply.” See Exhibit 5.
6. The City knew that the Flint River was a poor source of water because it had been severely polluted for many years. See Exhibit 5. The City was well aware of the serious public health risks associated with use of the Flint River water. In 2011, for example, the City commissioned two private engineering companies to perform an “Analysis of the Flint River as a Permanent Water Supply.” Exhibit 17. This study concluded that over $61,000,000 in capital expenditures were needed to “produce finished water in conformance with the current federal and state drinking water regulations.” Not only did the Flint water treatment facility need major structural overhauls, the water needed to be treated for microbial contaminants as well as for its corrosive properties and expected

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elevated levels of trihaomethanes. Id. These necessary improvements were so extensive that the report concluded the “total time to proceed to project completion” would be “52 to 60 months.” Id.
7. No evidence exists that the City implemented the recommended safety measures prior to switching water supplies. In fact, four years later, the City commissioned additional water quality studies that also recommend water disinfection, softening, trihalomethane-reduction measures strikingly similar to those recommended in 2011. Exhibit 18.
8. Additionally, at the time of the water switch, the City obliquely admitted to “lingering uncertainty about the quality of the water.” See Exhibit 5 at 2. Yet the City forged ahead, falsely claiming “it was both sensible and safe for us to use our own water as a primary water source in Flint.” See Exhibit 5 at 4. The City’s Director of the Department of Public Works falsely stated, “[t]he test results have shown that our water is not only safe, but of the high quality that Flint customers have come to expect.” See Exhibit 5 at 2. The City said that it used the Flint River “for residential water on a few different occasions, with the most recent temporary switchover happening in 2009, and falsely claimed that each temporary stint on local water proved three things to city employees and residents alike: That a transition to local river water could be done seamlessly, and that it was both sensible and safe for us to use our own water as a primary water source in Flint.”

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See Exhibit 5 at 4. In fact, the City had only used Flint River as an emergency back up in 2009 once for two days and another time for three days. See Exhibit 6 at 3. Discrete emergency use for five total days in 2009 with the primary water supply coming from the Detroit Water did not establish the Flint River as a safe water supply.
9. Soon after the City began to use Flint River water, it became evident that the water was not safe for human use and consumption. August and September 2014 water quality tests detected hazardous coliform and E Coli bacteria in the water supply. See Exhibit 6 at 3. December 2014 water tests identified high levels of total trihalomethanes (“TTHM), which is also hazardous to humans. See Exhibit 7 at 5.
10. Then, in February 2015, water testing prompted by a Flint resident found high levels of lead. See Exhibit 8. This Flint resident notified the United States Environmental Protection Agency (EPA) Region 5 on February 25, 2015, and tests revealed that her children had indeed been lead-poisoned. To hide the truth, Defendants Michigan DEQ and the City falsely told EPA that the high lead levels in this resident’s water came from the pipes in the house and not from the switch to the Flint River water supply. In fact, her internal plumbing was all NSF approved CPVC pipe that is certified safe for drinking water use. See Exhibit 8 at 3. Despite having knowledge of the alarming test results and the deleterious

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effects of the water on consumers including children, the City failed to take action. Instead, it continued to supply Flint residents with toxic water, and wrongfully billed and collected for it. Exhibit 12.
11. Eventually, on April 24, 2015, DEQ admitted to EPA that the City had itself caused the water supply to become lead contaminated. Specifically, DEQ admitted to EPA that the City used ferric chloride as a coagulant for the Flint River water without also implementing proper corrosion treatment. This caused the leaded pipes to corrode and leach lead into the water being supplied to Flint residents under contract. See Exhibit 9 at 4. As EPA’s Ground Water expert explains, “[i]n the absence of any corrosion control treatment, lead levels in drinking water can be expected to increase.” See Exhibit 8 at 2. Even after the EPA brought to light that the Flint River water was not safe for human consumption, the City did nothing to address this urgent public health concern. The City continued to downplay the serious health risks, noting “some attention has shifted to lead and copper concerns” but “recent internal testing numbers still show approximately 2-3 out of 100 with high levels, and “lead and copper issues trace back to household plumbing and service lines nationally.” See Exhibit 10 at 1.
12. The City kept advising Flint residents to “pre-flush” their taps prior to collection of test samples even though the EPA had expressly advised against pre-

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flushing because it “could provide a false sense of security to the residents of Flint regarding lead levels in their water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water.” See Exhibit 8 at 2.
13. The City and the other defendants were on notice that shifting to use of the Flint River for water was dangerous. For more than a decade, water treatment facilities across the nation have known minor changes in the treatment of drinking water can impact the amount of lead corrosion occurring in lead pipes. As explained in an article disseminated by the American Water Works Association in 2011, “lead corrosion is sometimes severely affected by seemingly innocuous changes in drinking water treatment, and in a few cases, has been linked to elevated blood lead levels in children.” See Exhibit 11 at 81. When water flowing through lead pipes is treated properly, a concentration of sulfate develops on the pipe, which serves to form a precipitate that protects the lead surface of the leaded pipe from any agitation. Exhibit 11 at 82. However, if the water treatment varies, and the amount of chloride-to-sulfate mass ratio (termed “CSMR” in the industry) increases, the corrosiveness of the water increases and disturbs the precipitate protecting the water from the lead. Exhibit 11 at 83.
14. The City and the other defendants attempted to minimize and discredit those who identified an increased level of lead poisoning in the children of Flint.

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For example, defendant MDHHS attempted to discredit the data on lead poisoning collected by the Hurley hospital physician, and suggested as a remedy that “SNAP beneficiaries are able to purchase bottled water with their SNAP funds.” See Exhibit 12 at 2. Defendants also tried to minimize the seriousness of lead poisoning, stating to one mother of a child poisoned by the water: “[h]e is barely lead poisoned. If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation. I am working with kids in their 40’s and 50’s. It is just a few IQ points…it is not the end of the world.” See Exhibit 13.
15. The City and Defendant Dayne Walling issued a lead advisory on September 25, 2015 that misled residents, including Plaintiffs, into believing that the water was safe to use. The advisory claimed that the “City is in full compliance with the Federal Safe Drinking Water Act” and that the water was safe to use after running cold water for five minutes. This advisory advocated using the contaminated water for “making baby formula.” See Exhibit 14.
16. Throughout this public health disaster – up to and including the present – the City constantly billed Flint households and businesses for the contaminated water, and engaged in collection efforts designed to coerce them into paying for the contaminated water, such as disconnecting water service and asserting liens against their real property. See Exhibit 15. EPA continues to advise

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that the Flint water is not safe to drink. See Exhibit 16. As of February 18, 2016, according to the EPA team leader Diane Russell assigned to the crisis, there is no predictable ending date for the “do not drink” advisory.
17. Although defendants Snyder and the State of Michigan have proposed legislation addressing the City’s past billing, the proposed legislation does not stop the City from continuing to bill and collect for toxic water. Nor does it return the funds wrongfully charged to the Flint payors.
ARGUMENT The Flint payors seek a preliminary injunction against the City because it is continuing to bill Flint payors for contaminated water, and collecting or attempting to collect amounts owed on past water bills. These ongoing violations need to be halted immediately. Fed.R.Civ.P. 65 empowers this Court to grant a preliminary injunction because the Flint payors satisfy the four criteria for injunction: (1) a strong likelihood of success on the merits of the Constitutional claims; (2) irreparable injury (namely, deprivation of Constitutional rights) without the issuance of the injunction; (3) lack of substantial harm to others if the injunction issues; and (4) the public interest would be served by the issuance of an injunction. See Fed.R.Civ.P. 65; see also Winter v. Natural Res. Def. Council, Inc., 555 U.S. 7, 20, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008); Overstreet v. Lexington Urban County Gov’t, 305 F.3d 566, 573 (6th Cir. 2002); Certified Restoration Dry Cleaning

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Network, L.L.C. v. Tenke Corp., 511 F.3d 535, 542 (6th Cir. 2002); Obama for American, et al. v. Jon Husted, et al., 697 F.3d 423 (6th Cir. 2012); Jolivette v. Husted et al., 694 F.3d 760 (6th Cir. 2012); Winnett v. Caterpillar, Inc., 609 F.3d 404, 408 (6th Cir.2010); Liberty Coins, LLC v. Goodman, 748 F.3d 682, 689-90 (6th Cir. 2014).
I. THE FLINT PAYORS LIKELY WILL SUCCEED ON THE MERITS OF THEIR CONSTITUTIONAL CLAIMS.
Plaintiffs’ lawsuit sounds under 42 U.S.C. Section 1983, which imposes liability on a person acting under color of state law who deprives another of the “right, privileges, or immunities secured by the Constitution and laws.” 42 U.S.C. §1983. See also Baker v. McCollan, 443 U.S. 1437, 140, 99 S.Ct. 2689, 2692-93, 61 L.Ed.2d 443 (1970). Here, the City substantially impaired the Flint payors’ Constitutionally-protected right to contract by substituting poisonous water for safe water, and billing for such poison. See Statement of Facts at ¶¶ 1-15. Such misconduct violates the Article I, section ten of the United States Constitution (“Contract Clause”). Welch v. Brown, 935 F. Supp. 2d 875, 881 (E.D. Mich. 2013). This same course of conduct by the City also violates plaintiffs’ rights to substantive and procedural due process, as well as the right to be free from a danger created by the State. See Kallstrom v. City of Columbus, 136 F.3d 1055, 1060 (6th Cir. 1998)(state created danger). Having created this danger, the City has a duty to alleviate the danger. Instead, the City continues to abuse its

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governmental status by persisting in water billing and revenue collection efforts from Plaintiffs. Such conduct rises to the level of an unconstitutional taking. Finally, the City’s conduct resulted in Flint payors being treated differently, and to their distinct disadvantage than the Michigan public without any reasoned basis. Such differences in treatment violate the Flint payors’ right to equal protection under the law.
A. Constitutional Right To Contract (Count I) The City is substantially impairing plaintiffs’ Constitutional right to contract for clean water fit for use and consumption. The Contracts Clause circumscribes any government’s ability to “impair[] the Obligation of Contracts. . . .” U.S. Const. art. I, § 10, cl. 1. This Clause has been read to prohibit government acts that result in retroactive impairment of an existing contract against its citizens such as Plaintiffs. See Ogden v. Saunders, 25 U.S. 213 (1827). Not every contractual impairment rises to the level of a Constitutional deprivation. Rather, the impairment caused by the government action is balanced against any “legitimate public purpose” served by government action. United States Trust Company of New York v. New Jersey, 431 U.S. 1, 22 (1977); Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244, n.15 (1978). Once the Contracts Clause is implicated, however, “a court must look to determine whether a particular law ‘operated as a substantial impairment of a

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contractual relationship.’” Welch v. Brown, 935 F. Supp. 2d 875, 881 (E.D. Mich. 2013), quoting Energy Reserves Group, Inc. v. Kansas Power & Light, 459 U.S. 400, 411 (1983). As the District Court in Welch explained, “[i]f a court determines that a substantial impairment exists, the burden shifts to the state to provide a significant and legitimate public purpose for the regulation.” Id. at 881 (internal citations omitted). Further, “the severity of the impairment is said to increase the level of scrutiny to which the legislation will be subjected.” Id. at 881.
Here, the Flint payors are able to prove that the City unilaterally abrogated their right to contract for safe water. Statement of Facts ¶ 2. The City impaired – indeed destroyed – the value of the contract for water by providing poison rather than safe water. Statement of Facts ¶¶ 3-11. The City cannot carry the burden of proving that it has a rational public purpose in providing contaminated water, and attempting to mislead Flint residents into drinking it. Statement of Facts ¶¶ 3-15. The decision to change its water source prior to the completion of the KWA pipeline was not a valid exercise of any police power, as no legitimate purpose was served. Statement of Facts at ¶¶ 3-5. Indeed, changing the water supply to the clearly polluted Flint River endangered, not improved, the health of the City residents. Statement of Facts at ¶¶ 6-11. As in United States Trust Company, Flint did not exercise any valid municipal public power in causing the public health catastrophe. United States Trust Company of New York v. New Jersey, 431 U.S. 1,

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22 (1977). Hudson County Water Co. v. McCarter, 209 U.S. 349, 356 (1908) (clean water flow is “one of the great foundations of public welfare and health.”) Accordingly, the Flint payors maintain a strong likelihood of success as to Count I because the City substantially impaired the existing contract, and cannot meet the increased burden of justifying this impairment.
B. Constitutional Right To Due Process (Count II) The City has violated the Flint payors’ rights to procedural and substantive due process under the Due Process Clause of the Fourteenth Amendment to the United State Constitution. That Clause states, “[n]o State shall ... deprive any person of life, liberty, or property, without due process of law.” U.S. Const. amend. XIV, § 1. As the Supreme Court has explained, “[t]he touchstone of due process is the protection of the individual against arbitrary action of government, ‘whether the fault lies in the denial of fundamental procedural fairness, or in the exercise of power without any reasonable justification. …” County of Sacramento v. Lewis, 523 U.S. 833, 845-46, 118 S.Ct. 1708, 140 L.Ed.2d 1043 (1998), quoting Wolff v. McDonnell, 418 U.S. 539, 558, 94 S.Ct. 2963, 41 L.Ed. 2d 935 (1974).
i. Procedural Due Process The Flint payors are able to prove the three elements required to demonstrate a procedural violation: (1) a life, liberty, or property interest, (2) that the City deprived them of, (3) without affording them adequate procedural rights before the

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deprivation. Wedgewood Limited Partnership I v. Township Of Liberty, Ohio, 610 F.3d 340, 352 (6th Cir. 2010).
Flint payors have a Constitutionally-protected property interest in safe water fit for human use. Hudson County Water Co. v. McCarter, 209 U.S. 349, 356 (1908) (clean water flow is “one of the great foundations of public welfare and health.”). See also Flint Ordinances § 46-16(b) enshrining water as a commodity. See also Wedgewood Limited Partnership I,, 610 F.3d at 352( holding that state law may create Constitutionally-protected property interests). Flint payors also have a “life” interest in not being sold contaminated water. The Safe Drinking Water Act reinforces this notion by explicitly stating it is “[a]n act to protect the public health.” Mich. Comp. Laws Ann. § Ch. 325.
Flint payors were deprived of these property and life interests without any process whatsoever. Statement of Facts at ¶¶ 1-15. “An essential principle of due process is that a deprivation of life, liberty, or property be preceded by notice and opportunity for hearing appropriate to the nature of the case.” Cleveland Board of Education. v. Loudermill, 470 U.S. 532, 542 (1985). “[T]he root requirement of the Due Process Clause [is] that an individual be given an opportunity for a hearing before he is deprived of any significant property interest.” Id. In Wedgewood Limited Partnership I, the Sixth Circuit found that a municipality’s failure to “provide adequate notice and an opportunity to present [Plaintiffs’] objections”

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violated procedural due process. See Wedgewood Limited Partnership, 610 F.3d at 355. See also Cleveland Board of Education. v. Loudermill, 470 U.S. 532.
Here, the City never provided the Flint payors any procedure by which they could contest receiving and paying for contaminated water. In fact, the City concentrated its efforts on misleading Flint payors into believing the water they were purchasing was safe and useable, further obfuscating the City’s own failures to provide any mechanism by which the payors could seek remedy for such failures. Statement of Facts at ¶¶ 12-13. Such misconduct clearly violates the Flint payors’ procedural Due Process rights.
ii. Substantive Due Process Substantive due process is “[t]he doctrine that governmental deprivations of life, liberty or property are subject to limitations regardless of the adequacy of the procedures employed.” Range v. Douglas, 763 F.3d 573, 588 (6th Cir. 2014). Substantive due process applies to deprivations of interests “enumerated in the Constitution, those so rooted in the traditions of the people as to be ranked fundamental, and the interest in freedom from government actions that ‘shock the conscience.’” Id. (Internal citations omitted). Given that the Contract Clause is “enumerated in the Constitution,” the City’s misconduct in billing for contaminated water violated the Flint payors’ substantive due process interests. The City’s continued efforts to bill for and

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collect revenue from the Flint payors in exchange for providing poison water also contravenes substantive due process rights “rooted in the traditions of the people.” Range v. Douglas, 763 F.3d at 588. Indeed, “appropriate limits on substantive due process come not from drawing arbitrary lines but rather from careful respect for the teachings of history (and), solid recognition of the basic values that underlie our society.” Moore v. City of East Cleveland, Ohio, 431 U.S. 494, 503 (1977).
The right to clean water is an American value reflected in our federal and state laws. For example, Federal Water Pollution Control Act (“the Clean Water Act”), passed in in 1948, and amended in 1972, 1977, and 1987, reflects the importance in providing citizens, including plaintiffs, drinkable water. See 33 U.S.C § 1251. See also 40 C.F.R. §§ 104.1. Michigan’s statutory scheme reinforces these same values. See Mich. Comp. Laws Ann. §§ 325.1001 (Safe Drinking Water Act) and Mich. Admin. Code R. 323.2201 (Ground Water Quality).
The right to substantive due process also protects citizens from governmental actions that shock the conscience. There are “several considerations that bear on the question of whether deliberate indifference amounts to conscienceshocking behavior: 1) the voluntariness of the plaintiff’s relationship with the government, 2) whether there was time for the government actor to deliberate, and 3) whether the government actor was pursuing a legitimate governmental purpose.”

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Range v. Douglas, 763 F.3d 573, 590 (6th Cir. 2014). Here, all factors weigh in favor of a finding that the City’s misconduct rises to the level of “shocking the conscience.” The Flint payors did not have a voluntary relationship, but were forced to rely on whatever water the City provided as their water source. Statement of Facts at ¶¶ 1-2. Second, the City has had plenty of time – more than 18 months – to stop billing and reimburse the Flint payors for having received contaminated water instead of safe water fit for human use. Statement of Facts at ¶¶ 2-15. Third, the City had no plausible purpose to switch to use of the contaminated Flint River as a water source as it awaited completion of the KWA pipeline. Statement of Facts at ¶¶ 3 -13. Indeed, the City knew or should have known that water from the Flint River was more corrosive to lead pipes, and therefore hazardous. Statement of Facts at ¶ 6. Nothing justifies Flint’s efforts to mislead the Flint residents into using the contaminated water. Statement of Facts at ¶¶ 7-14.
The City’s conduct is far more egregious than the governmental misconduct criticized in Rochin v. California, 342 U.S. 165 (1952). There, the Supreme Court reviewed whether Plaintiff’s substantive due process rights were violated when officers directed a physician to pump a person’s stomach after witnessing the person swallow drugs while investigating narcotics activity. See Rochin v. California, 342 U.S. 165, 166 (1952). The Court, reversing the lower court

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decision, held that such government action shocked the conscience even though government actors were purportedly acting with some rational basis – namely, they witnessed the suspect swallow the drugs. See id. at 172. The officers also had very little time to reflect given that the swallowing of the drugs and the decision to pump the defendant’s stomach occurred within the same day. Id. Nonetheless, despite some rational basis for the government action on the facts in Rochin, Plaintiff’s substantive due process rights prevailed.
Here the City’s shocking misconduct amounts to an even more egregious substantive due process violation than in Rochin because it was done for no legitimate reason. The City’s misconduct further reflects its protracted and unremitting disregard for health, and welfare, and absolutely no regard for the Flint payors’ right to contract for safe water. Thus, there is a strong likelihood the Flint payors will succeed at trial on Count Two of the Complaint.
C. Constitutional Right To Be Free from State-Created Danger (Count III)
The City’s misconduct also violates plaintiffs’ Constitutional right to be free from a danger created by the State. As the Sixth Circuit has explained in Kallstrom v. City of Columbus, 136 F.3d 1055, 1065 (6th Cir. 1998), “while the state generally does not shoulder an affirmative duty to protect its citizens from private acts of violence, it may not cause or greatly increase the risk of harm to its citizens without due process of law through its own affirmative acts.” Kallstrom v.

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City of Columbus, 136 F.3d at 1065; See also DeShaney v. Winnebago Country Dep’t of Social Serv., 489 U.S. 189, 195, 109 S.Ct. 998, 1002-03, 103 L.Ed.2d 249 (1989).
To bring a “state created danger” claim, Plaintiffs must demonstrate (1) an affirmative act by the state which either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff wherein the state's actions placed the plaintiff specifically at risk, as distinguished from a risk that affects the public at large; and (3) the state knew or should have known that its actions specifically endangered the plaintiff. See Cartwright v. City of Marine City, 336 F.3d 487, 493 (6th Cir.2003)
The Flint payors can prove the necessary facts to establish the three elements of this cause of action. See generally Kallstrom 136 F.3d at 1066; McQueen v. Beecher Community Schools, 433 F.3d 460, 467-8 (6th Cir. 2006); Cartwright v. City of Marine City, 336 F.3d 487, 493 (6th Cir. 2003); Jones v. Reynolds, 438 F.3d 685 (6th Cir. 2006). First, the City’s affirmative acts undoubtedly created or increased the danger to Plaintiffs. Statement of Facts at ¶¶ 1-13. Second, the City placed the victims specifically at risk because only Flint payors, not all Michigan residents, were stripped of their rights to contract for and receive safe water. They were the only citizens who received contaminated water despite the City knowing the dangers this created. Statement of Facts at ¶¶ 1-3. Third, the City knew or

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should have known that its actions placed anyone consuming the water in serious danger. This is made plain by the scores of Flint payors who suffered when exposed to Flint water. Statement of Facts at ¶¶ 7-13. In sum, the Flint payors are likely to succeed at trial on establishing the City’s violation of their Constitutional rights to be free from a State-created danger.
D. Constitutional Right To Equal Protection (Count IV) “The Equal Protection Clause prohibits discrimination by government which … intentionally treats one differently than others similarly situated without any rational basis for the difference.” Loesel v. City of Frankenmuth, 692 F.3d 452, 461 (6th Cir. 2012) (internal citations omitted). Here, the disparate impact on the Flint payors arose because the City treated them differently than the Michigan public. The City is providing and billing for contaminated water only within Flint, not elsewhere in Michigan or the United States. Statement of Facts at ¶¶ 2-4, 1214. The City acted without any rational basis when it severed its relationship with Detroit Water, and began to use the polluted Flint River. Statement of Facts at ¶¶ 1-13. Such disparate treatment of the Flint payors violated their Constitutional right to equal protection. Accordingly, plaintiffs will, in all likelihood, prevail on Count Four of the Complaint.

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E. Constitutional Right To Be Free from Government Impairment of Property Interest (Count V)
Finally, the City’s course of misconduct constitutes an unconstitutional impairment of a property interest. “Governmental action which places a burden on an individual’s property which in fairness the entire community should share constitutes a taking and the government must compensate the property owner for the loss.” Amen v. City of Dearborn, 718 F.2d 789, 794 (6th Cir. 1983). In the context of an unconstitutional taking, “the definition of property is broad, encompassing the entire group of rights incidental to ownership. Id. The Supreme Court has made it clear that any government occupation of property constitutes a taking, as long as the confiscation is permanent. See Loretto v. Teleprompter Manhattan CATV Corp, 458 U.S. 419 (1982). In circumstances similar to those found here, in United States v. Causy, 328 U.S. 256 (1948), the Court held that government action constituted an impermissible taking when it destroyed the use of the property. There, the military made regular use of airspace over a chicken farm that destroyed the owner’s ability to use the land for a chicken farm. The Court reasoned that the harm to the owner was “a product of a direction invasion of [his] domain.” Id. at 265-266.
Here, the City’s actions similarly destroyed the value of water purchased by Flint payor because those actions contaminated the water with lead and bacteria. Statement of Facts at ¶¶ 1-13. Destroying the water supply amounts to an

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unconstitutional taking because the City exercised its governmental power and authority, provided poison water, yet billed for and took Plaintiffs money based on the fiction that the water was clean and potable. The City acted, and continues to act, as if the water supply is not contaminated. The City has kept all the revenue generated from the Flint payors being duped into paying for poison water. The Flint payors paid for safe and useable water and they are entitled to such water under their contracts. Thus, plaintiffs are substantially likely to succeed on the merits of Count Five of the Complaint.
II. THE FLINT PAYORS WILL SUFFER IRREPARABLE HARM IN THE ABSENCE OF AN INJUNCTION.
Plaintiffs’ foregoing showing of a substantial likelihood of success on the merits necessarily implies a finding of irreparable injury. This is because
“when reviewing a motion for a preliminary injunction, if it is found that a constitutional right is being threatened or impaired, a finding of irreparable injury is mandated.” American Civil Liberties Union of Kentucky v. McCreary County Kentucky, 354 F.3d 438, 445 (6th Cir. 2003) aff'd sub nom. McCreary Cty., Ky. v. Am. Civil Liberties Union of Ky., 545 U.S. 844 (2005) (emphasis added). When constitutional rights are impaired, “the irreparable harm factor ‘merges’ with the likelihood of success, such that if the plaintiff shows he is likely to succeed on the merits, he has simultaneously proven he will suffer an irreparable harm.” Legatus

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v. Sebelius, 901 F. Supp. 2d 980, 997 (E.D. Mich. 2012). The analysis is simple and cannot be plausibly controverted: under McCreary, the impingement of Plaintiffs’ constitutional rights “mandates” a finding of irreparable harm. See American Civil Liberties Union of Kentucky v. McCreary County Kentucky, 354 F.3d at 445.
III. THE EQUITIES WEIGH IN FAVOR OF AN INJUNCTION WHEN CONSTITUTIONAL RIGHTS ARE BEING VIOLATED.
In circumstances involving constitutional violations such as the instant case, showing the likelihood of success on the merits “often will be the determinative factor.” Jones v. Caruso, 569 F.3d 258, 265 (6th Cir. 2009); see also Obama for American v. Husted, 697 F.3d 423 (6th Cir. 2012). Given that the City is engaged in the ongoing violations of the plaintiffs’ Constitutional rights, the balance of equities tips toward the issuance of an injunction. Requiring the City to conform its behavior to the Constitution cannot be considered a harm. And clearly the public interest is served by issuing an injunction that prevents further violations of the Constitutional rights of the Flint payors.
CONCLUSION In sum, both the facts and controlling legal precedents support the Flint payors’ motion for preliminary injunction. For all the reasons set forth above, the Flint payors respectfully request an evidentiary hearing, and the entry of an Order

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prohibiting the City for billing and collecting for water. A proposed Order is
attached.
/s/ Valdemar L. Washington Valdemar L. Washington (P-27165) Valdemar L. Washington, PLLC Attorney for Plaintiffs 718 Beach Street Flint, Michigan 48501-0187 Ph 810.407.6868 Fax 810.265.7315 vlwlegal@aol.com
/s/ Susan L. Burke Susan L. Burke (No. 7552) William H. Murphy III (application pending) Nicholas A. Szokoly (application pending) Murphy, Falcon & Murphy One South Street, 23rd Floor Baltimore, Maryland 21202 Ph 410.539.6500 Fax 410.539.6599 susan.burke@murphyfalcon.com

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN

___________________________________

BEATRICE BOLER et al.,

)

Plaintiffs,

)

)

v.

)

)

DARNELL EARLEY et al.,

)

Defendants.

)

___________________________________)

C.A. No. 5:16-cv-10323 JURY DEMAND

[PROPOSED] ORDER

Having reviewed the Plaintiffs’ motion for a preliminary injunction, and the

opposition thereto, the Court hereby GRANTS the preliminary injunction and

ORDERS Defendant City of Flint to:

(1) cease sending any new bills seeking payment for water, and

(2) cease any collection efforts directed towards obtaining payment for past

water bills, including but not limited to shutting off water, threatening to shut off

water, placing tax liens, and engaging in other collection efforts.

Nothing in this Order shall be construed to prevent the Defendant City of

Flint from billing and collecting for sewage.

__________________________________ Judge, United States District Court for the Eastern District of Michigan

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5:16-cv-10323-JCO-MKM Doc # 17 Filed 02/24/16 Pg 36 of 36 Pg ID 117
CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 24th day of February, 2016 a copy of the aforegoing was served via the court’s ECF filing system.
/s/ Susan L. Burke Susan L. Burke

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 5:16-cv-10323-JCO-MKM Doc # 47 Filed 04/08/16 Pg 1 of 49 Pg ID 1092

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BEATRICE BOLER, et al., Plaintiffs,
v DARNELL EARLEY, et al.,

No. 5:16-cv-10323-JCO-MKM HON. JOHN C. O’MEARA MAG. MONA K. MAJZOUB

Defendants. /

STATE DEFENDANTS’ MOTION TO DISMISS

Defendants State of Michigan, Governor Rick Snyder, Michigan

Department of Environmental Quality, and Michigan Department of

Health and Human Services (State Defendants) move to dismiss

Plaintiffs’ claims as asserted against them under Fed. R. Civ. P. 12(b)(1)

and 12(b)(6). As set forth more fully in the accompanying brief,

Plaintiffs’ complaint suffers from many flaws, including the fact that

they lump all Defendants together in all twelve counts of the complaint.

In addition to the reasons stated in State Defendants’ jurisdictional

arguments submitted as requested by the Court during the March 23,

2016 status conference (Dkt. 41), Plaintiffs’ claims should be dismissed

for the following reasons:

5:16-cv-10323-JCO-MKM Doc # 47 Filed 04/08/16 Pg 2 of 49 Pg ID 1093
1. Michigan law accords absolute immunity to the Governor and immunity to the State and its agencies against Plaintiffs’ state tortlaw claims.
2. The Governor in his individual capacity is entitled to qualified immunity on the federal claims asserted here because Plaintiffs do not allege a violation of a clearly established constitutional right. Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2083 (2011).
3. Plaintiffs’ Counts I through V under 42 U.S.C. § 1983 fail to state a claim for relief because they have not and cannot allege a constitutional violation:
a. Plaintiffs’ Contract Clause claim fails because 2012 P.A. 436 does not impair Plaintiffs’ contract, and this Court has already rejected constitutional challenges to 2012 P.A. 436.
b. Plaintiffs’ Due Process Clause claim fails to allege inadequacy of state process, or an interest afforded protection by the substantive component of the Due Process Clause.
c. Plaintiffs fail to allege the necessary factors to support a claim for state-created danger, including an act of violence by a private, third party.
2

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d. Plaintiffs’ equal protection claim fails to allege discrimination by State Defendants, much less intentional discrimination.
e. Plaintiffs’ takings claim fails and is not ripe for review because they have not alleged denial of just compensation. 4. Plaintiffs’ conspiracy claim (Count VI) fails because 42 U.S.C. § 1985(3) reaches private conspiracies and, further, Plaintiffs do not allege discriminatory animus based on their membership in a protected class or their assertion of a fundamental right. 5. Plaintiffs’ counts for breach of contract and warranty of merchantability (Counts VII and IX) fail because no contract exists with State Defendants, and the unjust enrichment count (Count VIII) fails because no benefit has inured to State Defendants. 6. In addition to immunity, Plaintiffs’ tort claims (Counts X, XI, and XII) fail because the Michigan Consumer Protection Act applies only to business conduct not present here; there is no conversion because State Defendants have not converted Plaintiffs’ property, nor converted Plaintiffs’ property to their own use; and State Defendants are not viable defendants in a gross-negligence claim.
3

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Pursuant to E.D. Mich. LR 7.1(a), counsel for State Defendants

and Plaintiffs’ counsel held a conference in which State Defendants

explained the nature of the motion and its legal basis and requested,

but did not obtain, concurrence in dismissal of the claims against State

Defendants.

Respectfully submitted,

Eugene Driker (P12959) Morley Witus (P30895)
Todd R. Mendel (P55447) Special Assistant Attorneys
General for Governor Richard D. Snyder
Barris, Sott, Denn & Driker, PLLC.
333 W. Fort Street, Suite 1200 Detroit, Michigan 48226
Phone: 313-965-9725 EDriker@bsdd.com
MWitus@bsdd.com TMendel@bsdd.com

/s/ Megen E. Miller
Richard S. Kuhl (P42042) Margaret A. Bettenhausen (P75046)
Megen E. Miller (P78901) Nathan A. Gambill (P75506)
Assistant Attorneys General Environment, Natural Resources,
and Agriculture Division Attorneys for State Defendants
525 W. Ottawa Street P.O. Box 30755
Lansing, MI 48909 Phone: (517) 373-7540
Fax: (517) 373-1610 kuhlr@michigan.gov
bettenhausenm@michigan.gov millerm59@michigan.gov
gambilln@michigan.gov

Dated: April 8, 2016

4

5:16-cv-10323-JCO-MKM Doc # 47 Filed 04/08/16 Pg 5 of 49 Pg ID 1096

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

BEATRICE BOLER, et al., Plaintiffs,
v DARNELL EARLEY, et al.,

No. 5:16-cv-10323-JCO-MKM HON. JOHN C. O’MEARA MAG. MONA K. MAJZOUB

Defendants.

BRIEF IN SUPPORT OF STATE DEFENDANTS’ MOTION TO DISMISS

5:16-cv-10323-JCO-MKM Doc # 47 Filed 04/08/16 Pg 6 of 49 Pg ID 1097

TABLE OF CONTENTS

Page

Index of Authorities.................................................................................. iii
Concise Statement of Issues Presented ..................................................... x
Controlling or Most Appropriate Authority ............................................xii
Introduction ................................................................................................ 1
Standard of Review .................................................................................... 3
Argument .................................................................................................... 5
I. Under Michigan law, State Defendants are entitled to immunity from Plaintiffs’ state tort-law claims. ............................. 5
A. The Governor has absolute immunity from state tort-law claims under Michigan law. ...................................... 6
B. The State and its agencies are entitled to immunity from state tort-law claims........................................................7
II. The Governor is entitled to qualified immunity on the individual-capacity federal law claims. ............................................ 9
A. The Governor did not violate a constitutional right.............10
B. The right was not clearly established. .................................. 11
III. Plaintiffs have failed to state a claim upon which relief can be granted under § 1983 in Counts I through V. ........................... 13
A. Plaintiffs have failed to state a claim under the Contract Clause (Count I)......................................................14
B. Plaintiffs fail to state a claim for violations of procedural or substantive due process (Count II). ............... 17

i

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1. Plaintiffs fail to allege inadequacy of the available state process, and have not availed themselves of the available procedures. ...................... 17
2. Plaintiffs do not allege an interest protected under substantive due process. .................................... 18
C. Plaintiffs have failed to state a claim for state-created danger (Count III). ................................................................. 19
D. Plaintiffs fail to state a claim for equal protection (Count IV). .............................................................................. 22
E. Plaintiffs’ taking of property without due process or just compensation claim (Count V) is not ripe......................23
IV. Plaintiffs fail to state a claim for conspiracy (Count VI)...............24
V. Plaintiffs fail to state a claim for breach of contract, unjust enrichment and breach of implied warranty of merchantability (Counts VII, VIII & IX)........................................25
A. No contract exists...................................................................25
B. State Defendants have not been unjustly enriched. ............ 26
VI. Plaintiffs fail to state a claim for their state tort-law claims (Counts X, XI & XII)........................................................................27
A. Plaintiffs’ Michigan Consumer Protection Act violation claim fails because State Defendants are not in the conduct of a business.............................................................. 27
B. State Defendants did not convert any property. .................. 28
C. State Defendants are not proper defendants under a gross negligence theory. ......................................................... 29
Conclusion and Request for Relief ........................................................... 30
ii

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INDEX OF AUTHORITIES

Page

Cases
ABO Petroleum, Inc. v. Colony Ins. Co., No. 04-CV-72090-DT, 2005 WL 1050220, at *6 (E.D. Mich. Apr. 19, 2005).................................................................................................13
Action Auto Glass v. Auto Glass Specialists, 134 F. Supp. 2d 897 (W.D. Mich. 2001) ................................................ 28
Allied Structural Steel Co. v. Spannaus, 438 U.S. 234 (1978) ............................................................................... 15
American Transmissions v. Attorney Gen., 560 N.W.2d 50 (Mich. 1997)....................................................................6
Anderson v. Creighton, 483 U.S. 635 (1987) ............................................................................... 11
Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) ........................................................................... 11
Ashcroft v. Iqbal, 556 U.S. 662 (2009) ..................................................................... 4, 14, 29
Bartell v. Lohiser, 215 F.3d 550 (6th Cir. 2000) ................................................................. 24
Bell Atl. Corp. v. Twombly, 550 U.S. 544 (2007) ................................................................................. 4
Belle Isle Grill Corp. v. City of Detroit, 666 N.W.2d 271 (Mich. App. 2003) ....................................................... 27
Bowers v. City of Flint, 325 F.3d 758 (6th Cir. 2003) ..................................................... 17, 18, 19

iii

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Browder v. Tipton, 630 F.2d 1149 (6th Cir. 1980) ............................................................... 24
Buffalo Teachers Fed'n v. Tobe, 464 F.3d 362 (2d Cir. 2006)...................................................................16
Cartwright v. Marine City, 336 F.3d 487 (6th Cir. 2003) ................................................................... 9
Charles v. Baesler, 910 F.2d 1349 (6th Cir. 1990) ......................................................... 18, 19
City of Pontiac Retired Employees Ass’n v. Schimmel, 751 F.3d 427 (6th Cir. 2014) ........................................................... 13, 16
Coshow v. City of Escondido, 34 Cal. Rptr. 3d 19 (2005) ..................................................................... 25
Ctr. for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365 (6th Cir. 2011) ................................................................. 22
Doe v. Clairborne Co., Tenn., 103 F.3d 495 (6th Cir. 1996)..................................................................11
Dunn v. Bennett, 846 N.W.2d 75 (Mich. App. 2013) ......................................................... 26
EJS Properties, LLC v. City of Toledo, 698 F.3d 845 (6th Cir. 2012) ................................................................. 18
Ely v. Velde, 451 F.2d 1130 (4th Cir. 1971) ............................................................... 25
Foremost Ins. Co. v. Allstate Ins. Co., 486 N.W.2d 600 (Mich. 1992) ................................................................ 28
Gen. Motors Corp. v. Romein, 503 U.S. 181 (1992) ............................................................................... 15
Gracey v. Wayne Cty. Clerk, 540 N.W.2d 710 (Mich. App. 1995) ....................................................... 29
iv

5:16-cv-10323-JCO-MKM Doc # 47 Filed 04/08/16 Pg 10 of 49 Pg ID 1101
Griffen v. Breckenridge, 403 U.S. 88 (1971) ................................................................................. 24
Harlow v. Fitzgerald, 457 U.S. 800 (1982) ................................................................................. 9
Heller v. Doe, 509 U.S. 312 (1993) ............................................................................... 12
Hensley Mfg. v. ProPride, Inc., 579 F.3d 603 (6th Cir. 2009) ................................................................... 4
Home Bldg. & Loan Ass’n v. Blaisdell, 290 U.S. 398 (1934) ............................................................................... 16
Hunter v. Bryant, 502 U.S. 224 (1991) ................................................................................. 9
In re Agent Orange Prod. Liab. Litig., 475 F. Supp. 928 (E.D.N.Y. 1979) ......................................................... 25
In re Bradley Estate, 835 N.W.2d 545 (Mich. 2013) .................................................................. 5
In re Request for Advisory Opinion Regarding Constitutionality of 2011 PA 38, 806 N.W.2d 683 (Mich. 2011) ................................................................ 16
Jones v. Reynolds, 438 F.3d 685 (6th Cir. 2006) ........................................................... 20, 21
Kincaid v. City of Flint, 874 N.W.2d 193 (Mich. App. 2015) ....................................................... 21
Krusinski v. U.S. Dep’t of Agric., No. 92-4026, 1993 WL 346858, at *11 (6th Cir. Sept. 20. 1993) ......... 13
Lasson v. Brannon & Assocs., No. 07-0271, 2008 WL 471537, at *4 (S.D. Ohio Feb. 15, 2008).......... 13
Latimer v. William Mueller & Son, Inc., 386 N.W.2d 618 (Mich. App. 1986) ....................................................... 26 v

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Mack v. City of Detroit, 649 N.W.2d 47 (Mich. 2002)............................................................ 5, 6, 8
Malley v. Briggs, 475 U.S. 335 (1986) ................................................................................. 9
Mansfield Apartment Owners Ass’n v. City of Mansfield, 988 F.2d 1469 (6th Cir. 1993) ............................................................... 19
Mascio v. Pub. Emps. Ret. Sys. of Ohio, 160 F.3d 310 (6th Cir. 1998) ........................................................... 14, 15
Michael H. v. Gerald D., 491 U.S. 110 (1989) ............................................................................... 19
Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) ............................................................................... 10
Nawrocki v. Macomb Cty. Rd. Comm’n, 625 N.W.2d 702 (Mich. 2000) .................................................................. 5
New Orleans Water-Works Co. v. La. Sugar Ref. Co., 125 U.S. 18 (1888) ................................................................................. 16
Odom v. Wayne Cty., 760 N.W.2d 217 (Mich. 2008) .................................................................. 6
Parratt v. Taylor, 451 U.S. 527 (1981) ......................................................................... 17, 18
Petipren v. Jaskowski, 833 N.W.2d 247 (Mich. 2013) ........................................................ 6, 7, 30
Phillips v. Snyder, Case No. 2:13-cv-11370, Dkt. 49, Pg. ID ## 888) ............... 12, 14, 16, 17
Pinkney v. Ohio Envtl. Prot. Agency, 375 F. Supp. 305 (N.D. Ohio 1974) ....................................................... 25
Prater v. City of Burnside, 289 F.3d 417 (6th Cir. 2002) ................................................................. 23
vi

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Range v. Douglas, 763 F.3d 573 (6th Cir. 2014) ................................................................... 5
RMI Titanium Co. v. Westinghouse Elec. Corp., 78 F.3d 1125 (6th Cir. 1996) ................................................................... 4
Robinson v. Jackson, 615 F. App’x 310 (6th Cir. 2015) ........................................................... 22
Russell Pillar v. State of Michigan, No. 13-000164-MZ, at *4 (Mich. Ct. Cl. September 22, 2015) ............. 21
Shee v. Luttrell, 199 F.3d 295 (6th Cir. 1999)..................................................................11
Sperle v. Michigan Dept. of Corr., 297 F.3d 483 (6th Cir. 2002) ................................................................. 20
Sproul v. City of Wooster, 840 F.2d 1267 (6th Cir. 1988) ............................................................... 17
Tanner v. Armco Steel Corp., 340 F. Supp. 532 (S.D. Tex. 1972) ........................................................ 25
Tate v. City of Grand Rapids, 671 N.W.2d 84 (Mich. App. 2003) ........................................................... 8
Terrance v. Northville Reg’l Psychiatric Hosp., 286 F.3d 834 (6th Cir. 2002) ................................................................. 10
Williamson Cty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) ............................................................................... 23
Wilson v. Layne, 526 U.S. 603 (1999) ............................................................................... 11
Statutes
2012 P.A. 436 .................................................................................... passim
42 U.S.C. § 1983................................................................................ passim vii

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42 U.S.C § 1985(3) ...................................................................... 2, 5, 24, 25 Mich. Comp. Laws § 141.1541.................................................................. 12 Mich. Comp. Laws § 141.1543.................................................................. 16 Mich. Comp. Laws § 440.2314(1) ............................................................. 26 Mich. Comp. Laws § 445.902(g) ............................................................... 28 Mich. Comp. Laws § 445.903(1) ........................................................... 5, 27 Mich. Comp. Laws § 445.911(1)-(3)............................................................5 Mich. Comp. Laws § 600.2919a(1)(a).................................................28, 29 Mich. Comp. Laws § 691.1401.................................................... 5, 6, 27, 29 Mich. Comp. Laws § 691.1401(b) ............................................................... 8 Mich. Comp. Laws, § 691.1401(f) ............................................................... 8 Mich. Comp. Laws § 691.1402.................................................................... 7 Mich. Comp. Laws § 691.1405.................................................................... 7 Mich. Comp. Laws § 691.1406.................................................................... 7 Mich. Comp. Laws § 691.1407(1) ............................................................... 7 Mich. Comp. Laws § 691.1407(2)(c) ......................................................... 29 Mich. Comp. Laws § 691.1407(4) ............................................................... 7 Mich. Comp. Laws § 691.1407(5) ......................................................... 6, 30 Mich. Comp. Laws § 691.1413.................................................................... 7
Rules Fed. R. Civ. P. 8(a)(2) ................................................................................. 4 Fed. R. Civ. P 12(b)(1) ................................................................................ 4
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Fed. R. Civ. P. 12(b)(6) ............................................................................... 3 Regulations 40 C.F.R. § 141.80.......................................................................................8 Mich. Admin. Code R. 325.10710d.............................................................8 Constitutional Provisions Mich. Const. art. IV .................................................................................... 8 Mich. Const. art. V, § 1...............................................................................6 U.S. Const. art. I, § 10 .............................................................................. 14 U.S. Const. amend. XIV ..................................................................... 17, 22
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CONCISE STATEMENT OF ISSUES PRESENTED
1. The Michigan Governmental Tort Liability Act, Michigan Compiled Laws §§ 691.1401 et seq., affords immunity from tort liability to the State, its agencies, and officials and employees, and absolute immunity to the State’s highest executive official. Plaintiffs assert three tort-law claims. Is the Governor absolutely immune and the State and its agencies immune from these claims?
2. Is the Governor entitled to qualified immunity where Plaintiffs fail to allege a violation of a constitutional right so clearly established that the constitutional question is “beyond debate”?
3. Have Plaintiffs failed to state a claim under 42 U.S.C. § 1983 where they have not alleged a constitutional violation?
a. Can the Contract Clause be violated even though 2012 P.A. 436, which is presumed constitutional and has not been held to be unconstitutional by this Court or any other court, does not alter contractual rights and obligations?
b. Have Plaintiffs been denied due process where there are no allegations of inadequate state process or an interest afforded protection by the substantive component of the Due Process Clause?
c. Does a state-created danger claim fail where Plaintiffs do not allege the necessary factors, including an act of violence by a private, third party?
d. Must Plaintiffs’ equal protection claim be dismissed where they fail to allege discrimination by State Defendants, much less intentional discrimination?
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e. Is a takings claim ripe for review despite Plaintiffs’ failure to allege a denial of just compensation?
4. Have Plaintiffs failed to state a claim for conspiracy under 42 U.S.C § 1985(3) where they do not identify a private conspiracy, they are not members of a protected class, and no fundamental right is at issue?
5. Have Plaintiffs failed to state a claim for breach of contract and warranty of merchantability where no contract with State Defendants exists? And does their unjust enrichment claim fail absent a benefit inuring to State Defendants?
6. Do Plaintiffs’ tort claims fail where: the Michigan Consumer Protection Act applies only to business conduct not present here; State Defendants have neither converted Plaintiffs’ property nor converted Plaintiffs’ property to their own use; and State Defendants are not viable defendants to a grossnegligence claim?
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CONTROLLING OR MOST APPROPRIATE AUTHORITY Federal Cases: Ashcroft v. al-Kidd, 131 S. Ct. 2074 (2011) Ashcroft v. Iqbal, 556 U.S. 662 (2009) Bowers v. City of Flint, 325 F.3d 758 (6th Cir. 2003) City of Pontiac Retired Employees Ass’n, 751 F.3d 427 (6th Cir. 2014) Ctr. for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365 (6th Cir. 2011) Jones v. Reynolds, 438 F.3d 685 (6th Cir. 2006) Mansfield Apartment Owners Ass’n v. City of Mansfield, 988 F.2d 1469 (6th Cir. 1993) Mascio v. Pub. Emps. Ret. Sys. of Ohio, 160 F.3d 310 (6th Cir. 1998) Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (1978) Williamson Cty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) State Cases: American Transmissions v. Attorney Gen., 560 N.W. 2d 50 (Mich. 1997) Belle Isle Grill Corp. v. City of Detroit, 666 N.W.2d 271 (Mich. App. 2003) Dunn v. Bennett, 846 N.W.2d 75 (Mich. App. 2013) Nawrocki v. Macomb Cty. Rd. Comm’n, 625 N.W.2d 702 (Mich. 2000)
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Federal Constitution and Statutes: U.S. Const. art. I, § 10. U.S. Const. amend. XIV 42 U.S.C § 1983 42 U.S.C. § 1985(3) Michigan Constitution and Statutes: Mich. Const. art. X, § 2 2012 P.A. 436, Mich. Comp. Laws § 141.1541 et seq. Mich. Comp. Laws § 440.2314(1) Mich. Comp. Laws § 691.1407(1)-(2), (5)
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INTRODUCTION No one disputes that the Flint drinking water situation has detrimentally affected Flint residents, businesses, and public entities, and sparked significant health and safety concerns. The State of Michigan, Governor Snyder, the Michigan Department of Environmental Quality (MDEQ), and the Michigan Department of Health and Human Services (MDHHS) (collectively, State Defendants) recognize the seriousness of these issues, and their massive, ongoing efforts demonstrate their commitment to resolving them. Notwithstanding the magnitude of the crisis in Flint, it does not displace the requirements of our federal judicial system. Plaintiffs have filed what courts refer to as a “shotgun” pleading—i.e., a pleading that presents a host of allegations and incorporates them by reference into all counts indiscriminately. In shotgun pleadings, the task of determining which allegations are intended to support each claim is left to the reader. Even so, a discerning review of Plaintiffs’ complaint reveals that the claims against State Defendants must be dismissed for the following reasons:
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First, under state law the Governor is entitled to absolute immunity and the State and its agencies are entitled to immunity on Plaintiffs’ state tort-law claims.
Second, the Governor is entitled to qualified immunity for the federal law claims because Plaintiffs do not allege a violation of a constitutional right so clearly established that the constitutional question is “beyond debate.”
Third, Plaintiffs’ 42 U.S.C. § 1983 claims fail because: 1) 2012 P.A. 436 does not impair Plaintiffs’ contract, and this Court has already rejected constitutional challenges to 2012 P.A. 436; 2) they do not allege inadequate state process or a substantive due process protected interest; 3) they fail to allege facts to support a claim for state-created danger, including an act of violence by a private, third party; 4) they fail to allege discrimination by State Defendants, much less intentional discrimination; and 5) their takings claim is not ripe for review because they have not alleged denial of just compensation.
Fourth, Plaintiffs’ 42 U.S.C § 1985(3) conspiracy claim fails because Plaintiffs do not identify a private conspiracy and do not allege
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discriminatory animus based on their membership in a protected class or their assertion of a fundamental right.
Fifth, Plaintiffs’ counts for breach of contract and warranty of merchantability fail because no contract exists with State Defendants, and their unjust enrichment count fails because no benefit has inured to State Defendants.
Sixth, beyond immunity, Plaintiffs’ tort claims fail because the Michigan Consumer Protection Act applies only to business conduct not present here; there is no conversion because State Defendants have not converted Plaintiffs’ property or converted Plaintiffs’ property to their own use; and State Defendants are not proper defendants to a grossnegligence claim.
Dismissal of the claims against State Defendants does not signal the end of the State’s efforts to resolve the Flint water crisis in a meaningful and satisfactory way for all concerned. It signals only that this federal lawsuit is the wrong vehicle to resolve these issues.
STANDARD OF REVIEW Dismissal is proper under Federal Rules of Civil Procedure 12(b)(6) when a party’s complaint fails to state a claim upon which relief
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can be granted. Federal Rules of Civil Procedure 8(a)(2) requires that a pleading contain a “short and plain statement of the claim showing that the pleader is entitled to relief.” Thus, to survive a motion to dismiss, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). While a court must accept all well-pleaded factual allegations in the complaint as true, it need not “accept as true a legal conclusion couched as a factual allegation,” mere labels and conclusions, or “formulaic recitation[s] of the elements of a cause of action.” Hensley Mfg. v. ProPride, Inc., 579 F.3d 603, 609 (6th Cir. 2009) (internal citations omitted).
For a Rule 12(b)(1) motion, the plaintiff carries the burden of proving that the court has subject-matter jurisdiction. RMI Titanium Co. v. Westinghouse Elec. Corp., 78 F.3d 1125, 1135 (6th Cir. 1996). Such a motion can present a facial or factual attack. In a facial attack, the court considers the sufficiency of the complaint, accepting all factual allegations as true unless clearly erroneous. Id. at 1134. But with a factual attack the court can resolve factual disputes. Id.
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ARGUMENT I. Under Michigan law, State Defendants are entitled to
immunity from Plaintiffs’ state tort-law claims. Plaintiffs assert three state tort-law claims—conversion, gross negligence, and violation of the Michigan Consumer Protection Act.1 Federal courts apply state substantive law—including state immunity law—to state-law claims. Range v. Douglas, 763 F.3d 573, 581 (6th Cir. 2014). The State, its agencies, and officials and employees are immune from tort liability unless one of the specific exceptions set forth in Michigan’s Governmental Tort Liability Act (GTLA) applies. Mich. Comp. Laws §§ 691.1401 et seq.; Mack v. City of Detroit, 649 N.W.2d 47, 52 (Mich. 2002); Nawrocki v. Macomb Cty. Rd. Comm’n, 625 N.W.2d 702, 710 (Mich. 2000) (recognizing that governmental agencies’ immunity extends to “all tort liability”). The plaintiff must plead in avoidance of governmental immunity by either claiming one of the statutory exceptions or “by pleading facts that demonstrate that the
1 Michigan courts define Michigan Consumer Protection Act claims as torts because a plaintiff need not rely upon a contract to make such a claim. See In re Bradley Estate, 835 N.W.2d 545, 553 (Mich. 2013); Mich. Comp. Laws §§ 445.903(1), 445.911(1)-(3) (a contract is not a necessary element of a Consumer Protection Act claim).
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alleged tort occurred during the exercise or discharge of a nongovernmental or proprietary function.” Mack, 649 N.W.2d at 57. In this case, the Governor’s immunity is absolute, and none of the statutory exceptions apply to the State or its agencies.
A. The Governor has absolute immunity from state tort-law claims under Michigan law.
The GTLA provides for absolute immunity from tort-law claims for “the elective or highest executive official of all levels of government . . . if he or she is acting within the scope of his or her . . . executive authority.” Mich. Comp. Laws § 691.1407(5). As the highest elective executive official in the State, Mich. Const. art. V, § 1, the Governor is absolutely immune from tort liability when acting in the scope of his executive authority. This immunity extends to intentional torts, as well as negligence and gross negligence. Mich. Comp. Laws § 691.1407(5); American Transmissions v. Attorney Gen., 560 N.W.2d 50, 53 (Mich. 1997); Odom v. Wayne Cty., 760 N.W.2d 217, 228 (Mich. 2008); Petipren v. Jaskowski, 833 N.W.2d 247, 257 (Mich. 2013). In this context, executive authority means “all authority vested in the highest
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executive official by virtue of his or her position in the executive branch.” Petipren, 833 N.W.2d at 257.
Absolute immunity shields the Governor from Plaintiffs’ tort-law claims because the acts complained of, including the appointment of emergency managers, fall under the scope of his executive authority. (Dkt. 1, Compl. ¶¶ 14, 16, and 35.)
B. The State and its agencies are entitled to immunity from state tort-law claims.
A governmental agency “engaged in the exercise or discharge of a governmental function” is immune, except when the claim falls within one of the narrow statutory exceptions. Mich. Comp. Laws § 691.1407(1); § 691.1402 (defective public highway); § 691.1405 (negligent operation of a government vehicle); § 691.1406 (defective public building); § 691.1407(4) (government hospital); and § 691.1413 (proprietary function). Plaintiffs do not allege facts that support the application of a statutory exception. For example, State Defendants do not realize any pecuniary gain for analyzing water sampling results.
Nor do Plaintiffs allege that the State, the MDEQ, or the MDHHS were engaged in anything other than a governmental function at any
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time relevant to this complaint. A “governmental function” is defined as “an activity that is expressly or impliedly mandated or authorized by constitution, statute, local charter or ordinance, or other law.” Mich. Comp. Laws § 691.1401(b). In determining whether an alleged activity is a governmental function, the focus is on the general activity at issue, not the specific allegedly tortious conduct. Tate v. City of Grand Rapids, 671 N.W.2d 84, 87 (Mich. App. 2003). Plaintiffs’ allegations are largely conclusory (generally alleging that the defendants “abrogated the Class’ right to contract” (Dkt. 1, Compl. ¶¶ 14-17)), which are insufficient to avoid immunity. Mack, 649 N.W.2d at 57. Plaintiffs also allege that they were harmed by the passage of the Local Government and School District Fiscal Accountability Act in 2011, (Dkt. 1, Compl. 21), but the passage of a law is a governmental function. See Mich. Const. art. IV; Mich. Comp. Laws, § 691.1401(f). Similarly, MDEQ’s analysis of water sampling results (Dkt. 1, Compl. ¶ 30), is a governmental function as it is required under the federal Lead and Copper Rule and Michigan’s administrative rules. See 40 C.F.R. §§ 141.80 et seq.; Mich. Admin. Code R. 325.10710d. And Plaintiffs fail altogether to allege any act by MDHHS. Accordingly, the State, the
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MDEQ, and the MDHHS are entitled to immunity on Plaintiffs’ tort-law claims.
II. The Governor is entitled to qualified immunity on the individual-capacity federal law claims. Qualified immunity protects government officials from suit unless
they are “plainly incompetent or . . . knowingly violate the law,” and “gives ample room for mistaken judgments.” Malley v. Briggs, 475 U.S. 335, 341, 343 (1986). The Supreme Court has “repeatedly . . . stressed the importance of resolving immunity questions at the earliest possible stage in litigation.” Hunter v. Bryant, 502 U.S. 224, 227 (1991) (per curiam) (citations omitted). A plaintiff has the burden of establishing that a defendant is not entitled to qualified immunity. Cartwright v. Marine City, 336 F.3d 487, 490-91 (6th Cir. 2003) (citation omitted).
To overcome the Governor’s assertion of qualified immunity, Plaintiffs must allege facts that, if proven, would show that the Governor: 1) violated a constitutional right; and 2) that the right was clearly established. Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982).
The Governor is immune from suit under both prongs of the qualified immunity test.
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A. The Governor did not violate a constitutional right. Regarding the first prong, Plaintiffs’ 42 U.S.C. § 1983 constitutional claims (Counts I through V) fail to establish the violation of a constitutional right, as explained below in Argument III. Additionally, the Sixth Circuit has explained that § 1983 claims “cannot be founded upon conclusory, vague or general allegations, but must instead, allege facts that show the existence of the asserted constitutional rights violation recited in the complaint and what each defendant did to violate the asserted right.” Terrance v. Northville Reg’l Psychiatric Hosp., 286 F.3d 834, 842 (6th Cir. 2002). Here, Plaintiffs fail to allege what the Governor did to violate their asserted constitutional rights. For example, they repeatedly make conclusory allegations that their constitutional right to contract has been violated (Dkt. 1 Compl. ¶¶ 53-56, 59-62), but fail to allege specific acts by the Governor that violated this asserted right. Instead, Plaintiffs attempt to hold the Governor liable because he is “singularly responsible for the performance of agencies.” (Dkt. 1, Compl. ¶ 14.) But liability under § 1983 cannot be based on respondeat superior. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 694 n. 58 (1978) (holding that
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supervisory liability “must be based on more than the right to control employees”); see also Shee v. Luttrell, 199 F.3d 295, 300 (6th Cir. 1999); Doe v. Clairborne Co., Tenn., 103 F.3d 495, 507 (6th Cir. 1996).
B. The right was not clearly established. The Governor is also entitled to qualified immunity because even if Plaintiffs could establish the violation of a constitutional right, it was not clearly established. A controlling case directly on point is not necessary, “but existing precedent must have placed the statutory or constitutional question beyond debate.” Ashcroft v. al-Kidd, 131 S. Ct. 2074, 2083 (2011) (citation omitted) (emphasis added). At the time of the challenged conduct, the contours of the right must be sufficiently clear “that every reasonable official would have understood that what he is doing violates that right.” Id. (quoting Anderson v. Creighton, 483 U.S. 635, 640 (1987) (emphasis added)). This standard is important because it would be unfair to hold a public agent liable for money damages if judges would disagree on the constitutional question at issue. Wilson v. Layne, 526 U.S. 603, 618 (1999). Plaintiffs’ complaint centers on the Governor’s appointment of emergency managers and one of the emergency managers’ decision to
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switch Flint’s water from the Detroit water system to the Flint River. (Dkt. 1, Compl. ¶¶ 10 and 14.) The law at that time would not have placed it “beyond debate” that appointment of an emergency manager violated a constitutional right. To the contrary, the Governor appointed Emergency Manager Earley pursuant to the Local Financial Stability and Choice Act, P.A. 436 of 2012, Mich. Comp. Laws §§ 141.1541 et seq. Not only are state statutes presumed constitutional, Heller v. Doe, 509 U.S. 312, 319-20 (1993), but when the validity of P.A. 436, including its provisions related to appointment of emergency managers, was challenged in this Court, all counts were dismissed except one asapplied equal protection claim based on race, (Phillips v. Snyder, Case No. 2:13-cv-11370, Dkt. 49, Pg. ID ## 888, 924-25), which was later dismissed without prejudice on the parties’ stipulation. (Id., Dkt. 73, Pg. ID # 1368.)
Plaintiffs also allege that the Governor’s “fail[ure] to take action until October 8, 2015” impaired their constitutional right to contract. (Dkt. 1, Compl. ¶ 14.) Such a claim is unprecedented. An executive act of a governor cannot impair a contract because a legislative act is the
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necessary basis for a Contract Clause claim. City of Pontiac Retired Employees Ass’n v. Schimmel, 751 F.3d 427, 431 (6th Cir. 2014).
III. Plaintiffs have failed to state a claim upon which relief can be granted under § 1983 in Counts I through V. Plaintiffs allege five constitutional violations under § 1983 in
Counts I through V. All five claims are against each defendant, and, in shotgun-style, incorporate all of the allegations in the entire complaint into every count. This type of pleading has been condemned by this and other courts. See, e.g., Krusinski v. U.S. Dep’t of Agric., No. 92-4026, 1993 WL 346858, at *11 (6th Cir. Sept. 20. 1993) (Suhrheinrich, J., concurring in part and dissenting in part); ABO Petroleum, Inc. v. Colony Ins. Co., No. 04-CV-72090-DT, 2005 WL 1050220, at *6 (E.D. Mich. Apr. 19, 2005) (indicating that it had ordered the parties to avoid filing shotgun pleadings); Lasson v. Brannon & Assocs., No. 07-0271, 2008 WL 471537, at *4 (S.D. Ohio Feb. 15, 2008) (describing the harmful impact of shotgun pleadings, stating that they cause problems for the judicial system and harm the parties by disguising the merit of the parties’ claims). Despite this approach, Plaintiffs’ pleading fails to allege facts to support each claim against each defendant. For example,
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the only reference to the MDHHS alleges in conclusory fashion that the agency has abrogated Plaintiffs’ contract rights. (Dkt. 1, Compl. ¶ 17.) This is insufficient to support the five separate constitutional violations asserted against MDHHS. Replete with such shortcomings, Plaintiffs’ § 1983 claims fail to “state a claim to relief that is plausible on its face.” Iqbal, 556 U.S. at 678 (citation omitted).
A. Plaintiffs have failed to state a claim under the Contract Clause (Count I).
Plaintiffs fail to state a claim under the Contract Clause and appear to be using Count I to improperly attempt to place the facial constitutionality of P.A. 436 before this Court—despite this Court’s decision in Phillips v. Snyder, (Case No. 2:13-cv-11370, Dkt. 49, Pg. ID ## 888, 924-25).
The Contract Clause states in the relevant portion, “No State shall . . . pass any . . . Law impairing the Obligation of Contracts.” U.S. Const. art. I, § 10. To succeed under the Contract Clause, a plaintiff “must demonstrate that a change in state law has ‘operated as a substantial impairment of a contractual relationship.’” Mascio v. Pub. Emps. Ret. Sys. of Ohio, 160 F.3d 310, 313 (6th Cir. 1998) (quoting Gen.
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Motors Corp. v. Romein, 503 U.S. 181, 186 (1992)). Some deference is afforded to state laws addressing social or economic problems, even where such laws alter the rights and responsibilities of the contracting parties, i.e., impair a contractual relationship. See Allied Structural Steel Co. v. Spannaus, 438 U.S. 234, 244 (1978). Thus, even a substantial impairment of contract will not violate the Contract Clause if a state law “was reasonable and appropriate in the service of a legitimate and important public purpose.” Mascio, 160 F.3d at 313.
Plaintiffs base their claim on the “adoption” and “implementation” of the Local Financial Stability and Choice Act, 2012 P.A. 436 (P.A. 436), and its predecessors, (Dkt. 1, Compl. ¶ 50). They fail to allege, however, that P.A. 436 substantially impaired a contractual relationship by changing the rights and responsibilities of the contracting parties. Instead, they allege that the emergency manager’s order that switched the water supply to the Flint River, issued under P.A. 436, impaired their contract. (Dkt. 1, Compl. ¶¶ 23-26). In other words, Plaintiffs’ allegations do not focus on the law itself but on its application by the emergency manager. A Contract Clause violation, however, must be based on a legislative act, not its application. City of
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Pontiac Retired Employees Ass’n, 751 F.3d 427, 431 (6th Cir. 2014) (quoting New Orleans Water-Works Co. v. La. Sugar Ref. Co., 125 U.S. 18, 30 (1888)).
That Plaintiffs’ claim does not fit within the basic requirements of a Contract Clause claim demonstrates that they are improperly attempting to challenge the facial constitutionality of P.A. 436 instead of arguing that it impairs their contract rights. Moreover, P.A. 436 is entitled to a strong presumption of constitutionality, In re Request for Advisory Opinion Regarding Constitutionality of 2011 PA 38, 806 N.W.2d 683, 692 (Mich. 2011), and neither this Court nor any other court has struck down any portion of P.A. 436. (Phillips v. Snyder, Case No. 2:13-cv-11370, Dkt. 49, Pg. ID ## 888, 924-25).
In addition, P.A. 436 serves a legitimate public purpose—financial stability of local governments (municipalities and school districts) in order to provide necessary services and protect local and state credit ratings. Mich. Comp. Laws § 141.1543. See Home Bldg. & Loan Ass’n v. Blaisdell, 290 U.S. 398, 444-48 (1934); Buffalo Teachers Fed'n v. Tobe, 464 F.3d 362, 374 (2d Cir. 2006). In fact, this Court has recognized that P.A. 436 has a legitimate public purpose of “preventing
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or rectifying the insolvency of its political subdivisions.” (Phillips v. Snyder, Case No. 2:13-cv-11370, Dkt. 49, Pg. ID # 906).
B. Plaintiffs fail to state a claim for violations of procedural or substantive due process (Count II).
Plaintiffs have brought Fourteenth Amendment procedural- and substantive-due-process claims. See U.S. Const. amend. XIV. Each fails to state a claim for relief.
1. Plaintiffs fail to allege inadequacy of the available state process, and have not availed themselves of the available procedures.
Plaintiffs must allege inadequacy of state process, including inadequate state damages remedies, to support a § 1983 claim for violation of procedural due process. Sproul v. City of Wooster, 840 F.2d 1267, 1270 (6th Cir. 1988); see also Bowers v. City of Flint, 325 F.3d 758, 762 (6th Cir. 2003). Flint Ordinance 46-17(a) allows “[a]ny consumer” to request a hearing to dispute their water bill, which may thereafter be adjusted. Id. (a), (b). Instead of availing themselves of Flint’s dispute procedures, Plaintiffs filed this lawsuit. Consequently, their procedural-due-process claim fails because they have not alleged inadequacy of state process and the claim is not ripe. Parratt v. Taylor,
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451 U.S. 527, 540-42 (1981) (overruled on other grounds); Bowers, 325 F.3d at 762.
2. Plaintiffs do not allege an interest protected under substantive due process.
Substantive due process protects individuals from deprivation of certain life, liberty, and property interests regardless of the procedures provided. EJS Properties, LLC v. City of Toledo, 698 F.3d 845, 855 (6th Cir. 2012). Plaintiffs claim a violation of substantive due process based on a deprivation of their “property interest,” (Dkt. 1, Compl. ¶ 4), emanating from their “rights to contract for purchase of safe and potable water.” (Id. at ¶ 54.) In other words, Plaintiffs do not assert a constitutionally created life or liberty interest, but rather a contractually-based property interest in safe and potable water.
Though contractual rights are sometimes considered property rights protected by substantive due process, courts have held that most state-created contract rights are not afforded such protection. Charles v. Baesler, 910 F.2d 1349, 1353 (6th Cir. 1990). This is because substantive due process, even with respect to contract claims, “affords only those protections ‘so rooted in the traditions and conscience of our
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people as to be ranked as fundamental.’” Id. (quoting Michael H. v. Gerald D., 491 U.S. 110 (1989) (plurality opinion)). And “[m]ost, if not all, state-created contract rights, while assuredly protected by procedural due process, are not protected by substantive due process.” Id. at 353; see also Bowers, 325 F.3d at 763 (no substantive due process protection for state contract right to discount on water bills). The Sixth Circuit has held that a contractual right to water service under state law does not create a protectable property interest for purposes of substantive due process. See Mansfield Apartment Owners Ass’n v. City of Mansfield, 988 F.2d 1469, 1476-77 (6th Cir. 1993). Such claims, if valid, should be addressed in a breach-of-contract claim. Bowers, 325 F.3d at 764. Thus, Plaintiffs’ claim should be dismissed because they have not alleged a protectable substantive-due-process interest.
C. Plaintiffs have failed to state a claim for state-created danger (Count III).
The “state-created danger” theory of due-process liability recognizes a state actor’s limited obligation to protect an individual against private violence. This duty arises if 1) the plaintiff and the state actor have a sufficiently direct relationship giving rise to a duty
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not to subject plaintiff to danger from a private, third party; and 2) the state actors were sufficiently culpable to be liable under a substantivedue-process theory. Sperle v. Michigan Dept. of Corr., 297 F.3d 483, 491 (6th Cir. 2002). So a “state-created danger” claim requires a plaintiff to establish: (1) an affirmative act by the State, which either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff where the State’s actions placed the plaintiff specifically at risk, as distinguished from a risk affecting the public at large; and (3) that the State knew or should have known that its actions specifically endangered the plaintiff. Jones v. Reynolds, 438 F.3d 685, 690 (6th Cir. 2006).
Plaintiffs fail to establish these requirements. First, Plaintiffs do not allege the State created or increased the risk of harm from a third, private party. Rather, they argue generally that the defendants’ acts directly resulted in harm as a result of exposure to toxic water. (Dkt. 1, Compl. ¶ 59: defendants “knowingly, recklessly and callously exposed Plaintiffs to toxic and contaminated water”; ¶60: “Defendants further placed Plaintiffs in continuous and ongoing danger by misrepresenting that the toxic water was safe and fit for human use and consumption”;
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¶ 61: Plaintiffs were damaged by “the inherently dangerous activity of the aforesaid State personnel.”)
Moreover, Plaintiffs allege it was Flint’s emergency manager, Defendant Earley—not State Defendants—who “unilaterally” ordered Flint to withdraw water from the Flint River in April 2014. (Id. ¶ 24.) Michigan courts have established that decisions of emergency managers are those of the local government, not of the Governor or the State. Kincaid v. City of Flint, 874 N.W.2d 193, 201 (Mich. App. 2015) (rejecting argument that an act of the emergency manager is an act of the governor); Ex. 1, Russell Pillar v. State of Michigan, No. 13-000164MZ, at *4 (Mich. Ct. Cl. September 22, 2015) (“[A]ctions taken by an emergency manager are not imputed to the State.”).
Second, Plaintiffs cannot establish that State Defendants’ actions placed them in “special danger”—i.e., that they were singled out to the extent “the government could have specified whom it was putting at risk, nearly to the point of naming the possible victim or victims.” Jones, 438 F.3d at 696. Plaintiffs do not allege State Defendants’ actions singled out these Plaintiffs to place them at a risk of special danger.
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Third, Plaintiffs have not demonstrated that State Defendants knew, or should have known, their actions specifically endangered these Plaintiffs. There is no suggestion that State Defendants knew, or should have known, of a special impact of the water decision that is unique to these Plaintiffs—and such knowledge is central to the third requirement.
D. Plaintiffs fail to state a claim for equal protection (Count IV).
A cause of action under the Equal Protection Clause, U.S. Const. amend. XIV, requires that plaintiffs allege the defendant treated them disparately as compared to similarly situated individuals and that the disparate treatment “burdens a fundamental interest, targets a suspect class, or has no rational basis.” Ctr. for Bio-Ethical Reform, Inc. v. Napolitano, 648 F.3d 365, 379 (6th Cir. 2011) (internal quotations omitted). A plaintiff must also allege that the disparate treatment was the product of purposeful or intentional discrimination. Robinson v. Jackson, 615 F. App’x 310, 314-15 (6th Cir. 2015).
Plaintiffs allege that they received disparate and differing treatment as compared to the other citizens of Michigan because they
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“exclusively” received a “supply of toxic water.” (Dkt. 1, Compl. ¶ 65.) Yet, Plaintiffs acknowledge that Flint—not State Defendants—supplies them with water. (Id. ¶ 18.) The provision of water by Flint to Flint residents cannot be a basis for an equal protection claim against State Defendants. Plaintiffs also make no allegation that State Defendants intentionally discriminated against them; nor could they since it is Flint and not State Defendants that supply Flint residents with water.
E. Plaintiffs’ taking of property without due process or just compensation claim (Count V) is not ripe.
The federal Takings Clause provides that private property shall not be taken for “public use, without just compensation.” Prater v. City of Burnside, 289 F.3d 417, 424 (6th Cir. 2002) (Takings Clause of Fifth Amendment applicable to states through Fourteenth Amendment). A taking requires that a state deny a plaintiff just compensation. Williamson Cty. Reg’l Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172, 195 (1985). But, as previously noted, Plaintiffs have not pursued or been denied compensation through Flint’s water-billdispute procedures or otherwise. Absent a denial of just compensation, Plaintiffs’ takings claim is not ripe and must be dismissed.
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IV. Plaintiffs fail to state a claim for conspiracy (Count VI). Plaintiffs allege a claim under 42 U.S.C. § 1985(3), which the
Supreme Court concluded reaches “private conspiracies” and is “not intended to apply to all tortious, conspiratorial interferences with the rights of others” but rather to those based on some racial or other classbased, “invidiously discriminatory animus.” Griffen v. Breckenridge, 403 U.S. 88, 98-99, 101-102 (1971) (emphasis added). In implementing Griffen and its progeny, the Sixth Circuit held that § 1985(3) involves only conspiracies against classes that “receive heightened protection under the Equal Protection Clause” or “‘individuals who join together as a class for the purpose of asserting certain fundamental rights.’” Bartell v. Lohiser, 215 F.3d 550, 560 (6th Cir. 2000) (quoting Browder v. Tipton, 630 F.2d 1149 (6th Cir. 1980)).
Plaintiffs do not identify a private conspiracy; do not—and cannot—allege invidious discriminatory animus based on their membership in a protected class, (Dkt. 1, Compl. ¶ 76.c.: defining the relevant class as citizens of Flint), and do not allege invidious discriminatory animus based on their assertion of a fundamental right. Still more, no court has recognized this type of right to support such a
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claim. See, e.g, Coshow v. City of Escondido, 34 Cal. Rptr. 3d 19, 31 (2005) (no constitutional right to pure drinking water); Ely v. Velde, 451 F.2d 1130, 1139 (4th Cir. 1971) (constitutional protection for the environment not established); Pinkney v. Ohio Envtl. Prot. Agency, 375 F. Supp. 305, 310 (N.D. Ohio 1974) (no constitutional right to a healthful environment); In re Agent Orange Prod. Liab. Litig., 475 F. Supp. 928, 934 (E.D.N.Y. 1979) (same); Tanner v. Armco Steel Corp., 340 F. Supp. 532, 537 (S.D. Tex. 1972) (same). Thus, Plaintiffs have not stated a claim under § 1985(3), and the claim should be dismissed.
V. Plaintiffs fail to state a claim for breach of contract, unjust enrichment and breach of implied warranty of merchantability (Counts VII, VIII & IX). Plaintiffs admit that they contract with and make payments to the
City of Flint—not State Defendants—for water. Thus, Plaintiffs’ contract-law claims against State Defendants must fail.
A. No contract exists. A necessary element of a breach of contract claim is the existence of a contract between the complainant and the defendant. Dunn v. Bennett, 846 N.W.2d 75, 79 (Mich. App. 2013). While the Michigan
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Uniform Commercial Code implies a warranty of merchantability against the seller of goods, it applies only where a contract exists. Mich. Comp. Laws § 440.2314(1); Latimer v. William Mueller & Son, Inc., 386 N.W.2d 618, 623 (Mich. App. 1986).
Plaintiffs allege that the defendants “breached their contract with Plaintiffs to provide safe drinking water in exchange for payment.” (Dkt. 1, Compl. ¶¶ 80 and 90.) But State Defendants do not have a contract with Plaintiffs to provide drinking water. As they admit, “Plaintiffs . . . contract with the City for the purchase of safe and potable water.” (Id. ¶ 18.) These claims must therefore be dismissed.
B. State Defendants have not been unjustly enriched. Plaintiffs’ unjust enrichment claim against State Defendants fails for a similar reason. A claim for unjust enrichment requires that Plaintiffs prove “(1) the receipt of a benefit by defendant from plaintiff, and (2) an inequity resulting to plaintiff because of the retention of the benefit by defendant.” Belle Isle Grill Corp. v. City of Detroit, 666 N.W.2d 271, 280 (Mich. App. 2003) (citation omitted). Plaintiffs allege that “Defendants unjustly received the benefits of payments executed by Plaintiffs for contaminated water . . . and used
26

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those payments for the operation of the City of Flint.” (Dkt. 1, Compl. ¶ 86.) Plaintiffs concede that the payments for water were made “to the City of Flint,” not State Defendants. (Id. ¶ 81, see ¶ 18.) Thus, Plaintiffs’ unjust enrichment claim against State Defendants must be dismissed.
VI. Plaintiffs fail to state a claim for their state tort-law claims (Counts X, XI & XII). In addition to the immunity codified by the GTLA, Plaintiffs fail to
state a claim for relief for each tort-law claim.
A. Plaintiffs’ Michigan Consumer Protection Act violation claim fails because State Defendants are not in the conduct of a business.
The Michigan Consumer Protection Act prohibits “[u]nfair, unconscionable, or deceptive methods, acts, or practices in the conduct of trade or commerce.” Mich. Comp. Laws § 445.903(1). “Trade or commerce” is limited to “the conduct of a business providing goods, property, or service.” Mich. Comp. Laws § 445.902(g) (emphasis added). Plaintiffs’ claim against State Defendants relates to their regulatory role regarding public water systems. State Defendants are not engaged in the “conduct of a business,” id., and do not provide goods, property, or
27

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services. Nor have Plaintiffs alleged as much. Therefore, Plaintiffs’ Michigan Consumer Protection Act claim fails as a matter of law. See Action Auto Glass v. Auto Glass Specialists, 134 F. Supp. 2d 897, 901 (W.D. Mich. 2001) (“Certainly, any plaintiff asserting a claim under the MCPA would have to show that the defendant is in the business of providing consumer goods or services.”).
B. State Defendants did not convert any property. Plaintiffs allege that State Defendants converted to their own use Plaintiffs’ water and water payments. (Dkt. 1, Compl. ¶¶ 99-100.) Common-law conversion, an intentional tort, “is any distinct act of dominion wrongfully exerted over another’s personal property in denial of or inconsistent with his rights therein.” Foremost Ins. Co. v. Allstate Ins. Co., 486 N.W.2d 600, 606 (Mich. 1992). Statutory conversion additionally requires that the defendant converted the property to his “own use.” Mich. Comp. Laws § 600.2919a(1)(a). Plaintiffs offer no factual support for their conversion claim. Instead, while alleging State Defendants converted their property, Plaintiffs’ complaint also finds fault with State Defendants’ failure to intervene and exert more control over Plaintiffs’ water. (Dkt. 1, Compl.
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¶ 35.) In any event, as Plaintiffs concede, it is the City that provides their water and receives their water payments. (Dkt. 1, Compl. ¶¶ 18 and 81.) Plaintiffs do not allege any facts to show that State Defendants intentionally and wrongfully exerted control over their water or water payments, or that State Defendants converted the property to their “own use.” Mich. Comp. Laws § 600.2919a(1)(a). Thus, Plaintiffs’ allegations do not “plausibly suggest” a claim for relief for conversion. See Iqbal, 556 U.S. at 681.
C. State Defendants are not proper defendants under a gross negligence theory.
The State and its agencies are not entities subject to suit for gross negligence under the GTLA and thus, are not proper defendants in such a claim. Mich. Comp. Laws § 691.1407(2)(c); Gracey v. Wayne Cty. Clerk, 540 N.W.2d 710, 714 (Mich. App. 1995) (abrogated on other grounds). Nor is the Governor a proper defendant because he has absolute immunity for all state tort-law claims, including gross negligence. Mich. Comp. Laws § 691.1407(5); Petipren, 933 N.W.2d. at 251 n. 7, 262.
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CONCLUSION AND REQUEST FOR RELIEF For the reasons stated above and in State Defendants’

jurisdictional arguments submitted as requested by the Court during

the March 23, 2016 status conference (Dkt. 41), State Defendants

respectfully request this Court dismiss Plaintiffs’ claims pursuant to

Fed. R. Civ. P. 12(b)(6) and 12(b)(1).

Eugene Driker (P12959) Morley Witus (P30895) Todd R. Mendel (P55447) Special Assistant Attorneys General for Governor Richard D. Snyder Barris, Sott, Denn & Driker, PLLC. 333 W. Fort Street, Suite 1200 Detroit, Michigan 48226 Phone: 313-965-9725 EDriker@bsdd.com MWitus@bsdd.com TMendel@bsdd.com
Dated April 8, 2016

Respectfully submitted,
/s/ Megen E. Miller Richard S. Kuhl (P42042) Margaret A. Bettenhausen (P75046) Megen E. Miller (P78901) Nathan A. Gambill (P75506) Assistant Attorneys General Environment, Natural Resources, and Agriculture Division Attorneys for State Defendants 525 W. Ottawa Street P.O. Box 30755 Lansing, MI 48909 Phone: (517) 373-7540 Fax: (517) 373-1610 kuhlr@michigan.gov bettenhausenm@michigan.gov millerm59@michigan.gov gambilln@michigan.gov

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CERTIFICATE OF SERVICE I hereby certify that on April 8, 2016, I electronically filed the

above document(s) with the Clerk of the Court using the ECF System,

which will provide electronic copies to counsel of record.

Respectfully submitted,

Eugene Driker (P12959)
Morley Witus (P30895) Todd R. Mendel (P55447)
Special Assistant Attorneys General
for Governor Richard D. Snyder Barris, Sott, Denn & Driker,
PLLC. 333 W. Fort Street, Suite 1200
Detroit, Michigan 48226 Phone: 313-965-9725
EDriker@bsdd.com MWitus@bsdd.com
TMendel@bsdd.com

/s/ Megen E. Miller Richard S. Kuhl (P42042)
Margaret A. Bettenhausen (P75046) Megen E. Miller (P78901)
Nathan A. Gambill (P75506) Assistant Attorneys General
Environment, Natural Resources, and Agriculture Division
Attorneys for State Defendants 525 W. Ottawa Street
P.O. Box 30755 Lansing, MI 48909
Phone: (517) 373-7540 Fax: (517) 373-1610
kuhlr@michigan.gov bettenhausenm@michigan.gov
millerm59@michigan.gov gambilln@michigan.gov

S://CEPB3/ENRA_Flint Water/USDC -Boler (AG# 2016-0130737-A)/Boler Motion to Dismiss and Brief 2016-04-08

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BEATRICE BOLER, et al.,

Plaintiffs, v. DARNELL EARLY, et al.,

Case No. 16-10323 Hon. John Corbett O’Meara

Defendants. ___________________________/

ORDER OF DISMISSAL FOR LACK OF SUBJECT MATTER JURISDICTION After Plaintiffs filed a motion for preliminary injunction, the court held a status conference with the parties on March 23, 2016. At the conference, the parties indicated that they had come to an agreement regarding the preliminary injunction motion.1 At that time, the court expressed concern regarding its ability to exercise jurisdiction and requested additional briefing from the parties, which has been provided. After reviewing the record and legal authority, the court concludes that it lacks jurisdiction over Plaintiffs’ complaint.

1 On April 7, 2016, the court received notice that the parties were unable to come to a final agreement regarding the injunction. As discussed below, however, the court lacks jurisdiction to consider Plaintiffs’ motion for preliminary injunction.

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BACKGROUND FACTS This action arises out of the water contamination crisis in Flint, Michigan. Plaintiffs have brought this case as a class action on behalf of purchasers of Flint water. The named plaintiffs are Flint residents Beatrice Boler, Pastor Edwin Anderson and Mrs. Alline Anderson, and EPC Sales, LLC, a Flint business. The defendants are Darnell Earley (former emergency manager of Flint); Gerald Ambrose (former emergency manager of Flint); Dayne Walling (former mayor of Flint); the City of Flint; Governor Snyder; the State of Michigan; the Michigan Department of Environmental Quality; and the Michigan Department of Health and Human Services. Filed on January 31, 2016, Plaintiffs’ complaint alleges the following causes of action: Count I, impairment of constitutional right to contract, 42 U.S.C. §1983; Count II, substantive and procedural due process, 42 U.S.C. §1983; Count III, state created danger, 42 U.S.C. §1983; Count IV, equal protection, 42 U.S.C. § 1983; Count V, deprivation of property interest, 42 U.S.C. § 1983; Count VI, conspiracy to deprive of constitutional right, 42 U.S.C. §1985; Count VII, breach of contract; Count VIII, unjust enrichment; Count IX, breach of implied warranty of merchantability; Count X, Michigan Consumer Protection Act; Count XI, conversion, and Count XII, gross negligence.
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Plaintiffs claim that the City violated their constitutional rights and state law by providing contaminated water and requiring them to pay for it. Among other arguments, Defendants respond that Plaintiffs’ constitutional claims under §1983 are precluded by the Safe Drinking Water Act, which provides Plaintiffs with a comprehensive scheme of remedies, or by the availability of a state law breach of contract action.
LAW AND ANALYSIS “Federal courts are courts of limited jurisdiction,” possessing “only that power authorized by Constitution and statute.” Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Here, subject matter jurisdiction is predicated on 28 U.S.C. § 1331, which provides that “district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” Plaintiffs’ federal claims allege constitutional violations pursuant to 42 U.S.C. § 1983. Defendants argue, however, that Plaintiffs’ constitutional claims are precluded by the Safe Drinking Water Act, leaving the complaint devoid of federal causes of action. “When the remedial devices provided in a particular Act are sufficiently comprehensive, they may suffice to demonstrate congressional intent to preclude the remedy of suits under § 1983.” Middlesex Cty. Sewarage Authority v. National
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Sea Clammers Assn., 453 U.S. 1, 20 (1981). In Sea Clammers, the Court found that the Federal Water Pollution Control Act (FWPCA) and the Marine Protection, Research, and Sanctuaries Act of 1972 (MPRSA), contained comprehensive enforcement mechanisms. The Court held that these enforcement schemes demonstrated Congress’s intent “to supplant any remedy that otherwise would be available under § 1983.” Id. at 21.
Relying on Sea Clammers, the First Circuit in Matoon v. Pittsfield, 980 F.2d 1 (1st Cir. 1992), found that the Safe Drinking Water Act (SDWA) precluded other federal remedies for unsafe public drinking water. In Matoon, the plaintiffs were residents who allegedly contracted giardiasis from drinking contaminated water supplied by the City of Pittsfield, Massachusetts. They alleged a breach of warranty claim, a “public nuisance” claim under federal common law, a claim under 42 U.S.C. § 1983, and a SDWA claim.
The Matoon court found the federal common law nuisance claim to be preempted by the SDWA, because “Congress occupied the field of public drinking water regulation with its enactment of the SDWA.” Matoon, 980 F.2d at 4. Quoting the legislative history, the court noted that the purpose of the SDWA “is to assure that water supply systems serving the public meet minimum national standards for protection of public health.” Id. (citations omitted). With minor
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exceptions, the SDWA applies “to each public water system in each State.” Id. at 4 (quoting 42 U.S.C. §300g). The SDWA enables the Administrator of the Environmental Protection Agency to “publish maximum contaminant level goals and promulgate national primary drinking water regulations.” Id. (quoting 42 U.S.C. §300g-1(b)(1). After reviewing, the regulatory scheme, the First Circuit concluded that “the SDWA evinces a clear congressional intent to entrust the regulation of the public drinking water systems to an expert regulatory agency rather than the courts.” Matoon, 980 F.2d at 4-5. The court determined that, as a result, the federal common law nuisance claim was preempted by the SDWA.
The Matoon court further determined that the plaintiffs’ § 1983 claims were precluded by the SDWA as well. The court noted the “elaborate enforcement scheme” set forth in the SDWA, including that the EPA Administrator may bring a civil action to compel SDWA compliance and may issue compliance orders against violators of SDWA regulations. Id. at 5-6 (citing 42 U.S.C. § 300g-3(b) and § 300g-3(b)(1)). In addition, citizens may initiate enforcement proceedings against SDWA violators and against the EPA Administrator for failure to perform any non-discretionary duty under the SDWA. See id.; 42 U.S.C. § 300j-8.
As the court explained, because “the SDWA enforcement scheme is closely analogous to other enforcement schemes found sufficiently comprehensive to
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evince a clear congressional intent to preempt relief under section 1983, we hold that appellants’ section 1983 claims are preempted by the SDWA.” Matoon, 980 F.2d at 6. “Comprehensive federal statutory schemes, such as the SDWA, preclude rights of action under section 1983 for alleged deprivations of constitutional rights in the field occupied by the federal statutory scheme.” Id. See also Sea Clammers, 453 U.S. at 21 (FWPCA and MPRSA supplant remedies under § 1983); Smith v. Robinson, 468 U.S. 992 (1984) (Education of Handicapped Act provides exclusive remedy even when plaintiffs assert constitutional claims); Zombro v. Baltimore City Police Dept., 868 F.2d 1364 (4th Cir.), cert. denied, 493 U.S. 850 (1989) (ADEA, not § 1983, is exclusive remedy for age discrimination claims under federal law).
Plaintiffs argue that they are not suing under the SDWA and that their constitutional claims do not rely upon alleged SDWA violations, citing Rietcheck v. City of Arlington, 2006 WL 37843 (D. Or. Jan. 4, 2006). In Rietcheck, a case involving contaminated drinking water, the court concluded that “the SDWA preempts § 1983 claims brought to enforce the SDWA’s requirements.” Id. at *3. The court allowed the plaintiffs’ other § 1983 claim to proceed, however, reasoning that the plaintiffs “bring their First Claim under § 1983 to enforce their constitutional rights to be free from state-created danger, which is an entirely
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different kind of claim and is only tangentially related to safe drinking water.” This reasoning is not persuasive; the “state-created danger” the plaintiffs complained of was not “tangentially” related to safe drinking water, it solely about safe drinking water. See Rietcheck, 2006 WL 37843 at *4 (plaintiffs allege defendants “knowingly allowed a contaminated water source to be hooked up to Plaintiffs’ household water supply”). The label does not change the substance of the plaintiffs’ claims.
Indeed, here the crux of each of Plaintiffs’ constitutional claims is that they have been deprived of “safe and potable water.” See, e.g., Compl. at ¶¶ 1, 50, 54, 59 (Defendants “knowingly, recklessly and callously exposed Plaintiffs to toxic and contaminated water unfit for human use and consumption.”), 65, 71. Plaintiffs’ allegations are addressed by regulations that have been promulgated by the EPA under the SDWA. See, e.g., 40 C.F.R. § 141.11 (regulating maximum contaminant levels); 40 C.F.R. § 141.31 et seq. (reporting and record keeping); 40 C.F.R. § 141.60 et seq. (maximum contaminant and residual disinfectant levels); 40 C.F.R. § 141.80 et seq. (control of lead and copper/corrosion control/lead service line replacement requirements); 40 C.F.R. § 141.110 (regulating treatment techniques). In addition, the safety of public water systems is a field occupied by the SDWA. Matoon, 980 F.2d at 4. Accordingly, Plaintiffs’ federal remedy is
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under the SDWA, regardless of how their legal theories are framed in the complaint. See also Zombro, 868 F.2d at 1368-69 (plaintiff’s § 1983 claim preempted by the ADEA, even though plaintiff did not attempt to assert an ADEA claim).
Plaintiffs are also able to seek relief under state law. See 42 U.S.C. §300j8(e) (“Nothing in this section shall restrict any right which a person (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this subchapter or to seek any other relief.”). For the purpose of federal question jurisdiction under 28 U.S.C. § 1331, however, a federal claim is required. Because Plaintiffs are unable to seek relief under § 1983, and have not asserted a claim under the SDWA, only state claims remain. Accordingly, the court finds that it lacks subject matter jurisdiction over Plaintiffs’ complaint.
ORDER IT IS HEREBY ORDERED that Plaintiffs’ complaint is DISMISSED for lack of subject matter jurisdiction.

Date: April 19, 2016

s/John Corbett O’Meara United States District Judge
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5:16-cv-10323-JCO-MKM Doc # 56 Filed 04/19/16 Pg 9 of 9 Pg ID 1225
I hereby certify that a copy of the foregoing document was served upon counsel of record on this date, April 19, 2016, using the ECF system.
s/William Barkholz Case Manager
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 5:16-cv-1C0a3s2e3: -1J6E-L1-6M8K4M DDooccum# e6n1t: 6F6il-e1d 07F/2ile8d/1:707/P2g8/120o1f 739 PPaggeID: 11235

(1 of 39)

Deborah S. Hunt Clerk

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. (513) 564-7000 www.ca6.uscourts.gov

Filed: July 28, 2017
Mr. Samuel R. Bagenstos 625 S. State Street Ann Arbor, MI 48109-0000
Mr. Charles Edward Barbieri Foster, Swift, Collins & Smith 313 S. Washington Square Lansing, MI 48933
Mr. Frederick A. Berg Jr. Butzel Long, 150 W. Jefferson Avenue, Suite 100 Detroit, MI 48226
Mr. Jay M. Berger Clark Hill 500 Woodward Avenue, Suite 3500 Detroit, MI 48226
Ms. Margaret Bettenhausen Office of the Attorney General of Michigan 525 W. Ottawa Street Lansing, MI 48909
Ms. Nikkiya Branch 615 Griswold Street, Suite 400 Detroit, MI 48226
Ms. Dimple Chaudhary Natural Resources Defense Council 1350 New York Avenue, N.W., Suite 300 Washington, DC 20005
Mr. Christopher Bradley Clare Clark Hill 1001 Pennsylvania Avenue, N.W., Suite 1300, S. Washington, DC 27713

5:16-cv-1C0a3s2e3: -1J6E-L1-6M8K4M DDooccum# e6n1t: 6F6il-e1d 07F/2ile8d/1:707/P2g8/220o1f 739 PPaggeID: 21236

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Ms. Allison Marie Collins Foster, Swift, Collins & Smith 313 S. Washington Square Lansing, MI 48933
Mr. Jason Gregory Downs Murphy & Falcon, 1 South Street, Suite 2300 Baltimore, MD 21202
Mr. Eugene Driker Barris, Sott, Denn & Driker 333 W. Fort Street, Suite 1200 Detroit, MI 48226
Mr. Dennis K. Egan Kotz Sangster Wysocki 400 Renaissance Center, Suite 3400 Detroit, MI 48243
Mr. Joseph F. Galvin Genesee County Drain Commission G-4610 Beecher Road Flint, MI 48532
Mr. Nathan A. Gambill Mr. Richard S. Kuhl Office of the Attorney General of Michigan P.O. Box 30755 Lansing, MI 48909
Mr. Michael J. Gildner Simen, Figura & Parker 5206 Gateway Center, Suite 200 Flint, MI 48507-0000
Ms. Diana Gjonaj Weitz & Luxenberg 719 Griswold, Suite 620 Detroit, MI 48226
Mr. William H. Goodman Goodman & Hurwitz 1394 E. Jefferson Avenue Detroit, MI 48207

5:16-cv-1C0a3s2e3: -1J6E-L1-6M8K4M DDooccum# e6n1t: 6F6il-e1d 07F/2ile8d/1:707/P2g8/320o1f 739 PPaggeID: 31237

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Mr. Philip A. Grashoff Jr. Kotz Sangster 36700 Woodward Avenue, Suite 300 Bloomfield Hills, MI 48304
Ms. Julie H. Hurwitz Goodman & Hurwitz 1394 E. Jefferson Ave. Detroit, MI 48207
Ms. Krista Aimee Jackson Kotz Sangster Wysocki 40 Pearl Street, N.W., Ste 400 Grand Rapids, MI 49503
Mr. William Young Kim City of Flint, 1101 S. Saginaw Street Third Floor, Room 307 Flint, MI 48502
Ms. Bonsitu Asia Kitaba American Civil Liberties Union Of Michigan 2966 Woodward Avenue Detroit, MI 48201
Mr. Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Building Bloomfield Hills, MI 48304
Ms. Deborah A. LaBelle 221 N. Main Street, Suite 300 Ann Arbor, MI 48104-0000
Ms. Cary S. McGehee Pitt, McGehee, Palmer & Rivers 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067
Ms. Jessica Hamman Meeder Murphy & Falcon , 1 South Street, Suite 2300 Baltimore, MD 21202

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Mr. Gregory M. Meihn Foley & Mansfield 130 E. Nine Mile Road Ferndale, MI 48220
Mr. Todd Rhys Mendel Barris, Sott, Denn & Driker 333 W. Fort Street, Suite 1200 Detroit, MI 48226
Mr. Brett T. Meyer O'Neill, Wallace & Doyle P.O. Box 1966 Saginaw, MI 48605
Mr. Thaddeus E. Morgan Fraser Trebilcock 124 W. Allegan Street Suite 1000 Lansing, MI 48933
Mr. William H. Murphy Jr. Murphy & Falcon 1 South Street, Suite 2300 Baltimore, MD 21202
Mr. Paul Francis Novak Weitz & Luxenberg 719 Griswold, Suite 620 Detroit, MI 48226
Mr. Michael John Pattwell Clark Hill 212 E. Grand River Avenue Lansing, MI 48906
Mr. Todd Russell Perkins 615 Griswold Street, Suite 400 Detroit, MI 48226
Mr. Michael L Pitt Ms. Beth M. Rivers Pitt, McGehee, Palmer & Rivers 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067

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Mr. Joseph E. Richotte Butzel Long, 41000 Woodward Avenue Stoneridge West Building Bloomfield Hills, MI 48304
Mr. Alexander Stephen Rusek White Law 2549 Jolly Road, Suite 340 Okemos, MI 48864
Mr. Gregory Stamatopoulos Weitz & Luxenberg 719 Griswold, Suite 620 Detroit, MI 48226
Mr. Michael Jay Steinberg American Civil Liberties Union Of Michigan 2966 Woodward Avenue Detroit, MI 48201
Mr. Nicholas Adam Szokoly Murphy & Falcon 1 South Street. Suite 2300 Baltimore, MD 21202
Ms. Sarah C. Tallman Natural Resources Defense Council 20 N. Wacker Drive, Suite 1600 Chicago, IL 60606
Mr. Morley Witus Barris, Sott, Denn & Driker 333 W. Fort Street, Suite 1200 Detroit, MI 48226-3281
Mr. Barry A. Wolf 503 S. Saginaw Street, Suite 1410 Flint, MI 48502
Mr. Edwar Ayoub Zeineh 2800 E. Grand River Avenue, Suite B Lansing, MI 48912
Re: Case Nos. 16-1684/17-1144, Boler, et al v. Earley, et al Originating Case No. : 5:16-cv-10323

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Dear Counsel, The court today announced its decision in the above-styled case. Enclosed is a copy of the court's opinion together with the judgment which has been entered
in conformity with Rule 36, Federal Rules of Appellate Procedure. Yours very truly,
Deborah S. Hunt, Clerk

cc: Mr. David J. Weaver Enclosures Mandate to issue.

Cathryn Lovely Deputy Clerk

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RECOMMENDED FOR FULL-TEXT PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b) File Name: 17a0167p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

16-1684

┐

BEATRICE BOLER; EDWIN ANDERSON; ALLINA │

ANDERSON; EPCO SALES, LLC,

│

Plaintiffs-Appellants, │

│

v.

│ >

DARNELL EARLEY; GERALD AMBROSE; DAYNE │

WALLING; CITY OF FLINT; STATE OF MICHIGAN; │

MICHIGAN DEPARTMENT OF ENVIRONMENTAL │

QUALITY; MICHIGAN DEPARTMENT OF HEALTH AND │

HUMAN SERVICES; RICHARD DALE SNYDER,

│

Defendants-Appellees. │

│

17-1144

│

MELISSA MAYS; MICHAEL MAYS; JACQUELINE │

PEMBERTON; KEITH JOHN PEMBERTON; ELNORA │

CARTHAN; RHONDA KELSO,

│

Plaintiffs-Appellants, │

v.

│ │

RICK SNYDER; STATE OF MICHIGAN; DANIEL WYANT; │

LIANE SHEKTER SMITH; ADAM ROSENTHAL; STEPHEN │

BUSCH; PATRICK COOK; MICHAEL PRYSBY; BRADLEY │

WURFEL; DARNELL EARLEY; GERALD AMBROSE; │

DAYNE WALLING; HOWARD CROFT; MICHAEL │

GLASGOW; DAUGHERTY JOHNSON; CITY OF FLINT; │

NICK LYON; ANDY DILLON; EDWARD KURTZ; JEFF │

WRIGHT,

│

Defendants-Appellees. │

┘

Nos. 16-1684/17-1144

Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. Nos. 5:16-cv-10323; 5:15-cv-14002—John Corbett O’Meara, District Judge.
Argued: June 15, 2017
Decided and Filed: July 28, 2017

Before: COLE, Chief Judge; STRANCH and DONALD, Circuit Judges.

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_________________
COUNSEL
ARGUED: 16-1684: Nicholas A. Szokoly, MURPHY, FALCON & MURPHY, Baltimore, Maryland, for Appellants. William Y. Kim, CITY OF FLINT, Flint, Michigan, for Flint Appellees. Margaret Bettenhausen, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for State Appellees. 17-1144: Samuel R. Bagenstos, Ann Arbor, Michigan, for Appellants. Margaret A. Bettenhausen, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees State of Michigan, Snyder, Lyon, and Dillon. William Y. Kim, CITY OF FLINT, Flint, Michigan, for Flint Appellees. ON BRIEF: 16-1684: Nicholas A. Szokoly, Jason G. Downs, Jessica H. Meeder, MURPHY, FALCON & MURPHY, Baltimore, Maryland, for Appellants. William Y. Kim, CITY OF FLINT, Flint, Michigan, Frederick A. Berg, Jr., Sheldon H. Klein, BUTZEL LONG, P.C., Detroit, Michigan, for Flint Appellees. Margaret Bettenhausen, Richard S. Kuhl, Nathan A Gambill, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, Eugene Driker, Morley Witus, Todd R. Mendel, BARRIS, SOTT, DENN & DRIKER, PLLC, Detroit, Michigan, for State Appellees. Samuel R. Bagenstos, Ann Arbor, Michigan, for Amicus Curiae. 17-1144: Samuel R. Bagenstos, Ann Arbor, Michigan, Michael L. Pitt, Cary S. McGehee, Beth M. Rivers, PITT MCGEHEE PALMER & RIVERS, PC, Royal Oak, Michigan, Paul F. Novak, Gregory Stamatopolous, Diana Gjonaj, WEITZ & LUXENBERG, PC, Detroit, Michigan, William H. Goodman, Julie H. Hurwitz, GOODMAN & HURWITZ, PC, Detroit, Michigan, Deborah A. LaBelle, LAW OFFICE OF DEBORAH A. LABELLE, Ann Arbor, Michigan, for Appellants. Margaret A. Bettenhausen, Richard S. Kuhl, Nathan A. Gambill, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellees State of Michigan, Snyder, Lyon, and Dillon. William Y. Kim, CITY OF FLINT, Flint, Michigan, Frederick A. Berg, Jr., Sheldon H. Klein, BUTZEL LONG, P.C., Detroit, Michigan, Todd R. Perkins, Nikkiya Branch, THE PERKINS LAW GROUP PLLC, Detroit, Michigan, Alexander S. Rusek, WHITE LAW PLLC, Okemos, Michigan, EDWARD A. ZEINEH, DAVID W. MEYERS, LAW OFFICE OF EDWARD A. ZEINEH, Lansing, Michigan, Barry A. Wolf, LAW OFFICE OF BARRY A. WOLF PLLC, Flint, Michigan, BRETT T. MEYER, O’NEILL, WALLACE & DOYLE, P.C., Saginaw, Michigan, for Flint Appellees. Michael J. Pattwell, Jay M. Berger, Christopher B. Clare, CLARK HILL PLC, Detroit, Michigan, Thaddeus E. Morgan, FRASER TREBILCOCK, Lansing, Michigan, Charles E. Barbieri, Allison M. Collins, FOSTER, SWIFT, COLLINS & SMITH, Lansing, Michigan, Phillip A. Grashoff, Jr., Dennis K. Egan, Krista A. Jackson, KOTZ SANGSTER WYSOCKI, Bloomfield Hills, Michigan, for Appellees Busch, Cook, Prysby, Rosenthal, Smith, Wurfel, and Wyant. Gregory M. Meihn, FOLEY & MANSFIELD, P.L.L.P., Ferndale, Michigan, Joseph F. Galvin, GENESEE COUNTY DRAIN COMMISSION, Flint, Michigan, for Appellee Wright. Sarah C. Tallman, NATURAL RESOURCES DEFENSE COUNCIL, Chicago, Illinois, Dimple Chaudhary, NATURAL RESOURCES DEFENSE COUNCIL, Washington, D.C., Michael J. Steinberg, Bonsitu A. Kitaba, AMERICAN CIVIL LIBERTIES UNION FUND OF MICHIGAN, Detroit, Michigan, for Amicus Curiae.

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_________________
OPINION _________________
JANE B. STRANCH, Circuit Judge. These two cases arise from the water contamination crisis in Flint, Michigan. Plaintiffs, residents of Flint affected by the contaminated city water, bring suit against various state and local officials and entities, alleging violation of their constitutional rights, pursuant to 42 U.S.C. § 1983, along with other claims. In Boler, the district court determined that the § 1983 claims were preempted by the Safe Drinking Water Act (SDWA) and dismissed the case for lack of subject matter jurisdiction. Relying on its preemption analysis in Boler, the court dismissed the Mays case. The cases have been consolidated on appeal. For the reasons explained below, we REVERSE the judgment of the district court and REMAND for further proceedings.
I. BACKGROUND
A. Factual Background
In March 2011, the Michigan state Legislature passed the Local Government and School District Fiscal Accountability Act (“Act 4”), which authorized the governor to appoint an emergency manager for certain local governments. Act 4 replaced an earlier Michigan law, the Local Government Fiscal Responsibility Act (“Act 72”), which had been in effect since 1990. Act 72 gave the State power to appoint an emergency financial manager to municipalities facing financial crises. Act 4 expanded the scope of the powers granted to these emergency financial managers and changed their title to simply “emergency managers.” New emergency managers were subsequently appointed in several areas; in August 2012, Governor Rick Snyder appointed Edward Kurtz in Flint.
On November 5, 2012, Michigan voters rejected Act 4 by referendum. This revived Act 72. See Mich. Op. Att’y Gen. No. 7267, 2012 WL 3544658, at *6 (Aug. 6, 2012). In December, the Michigan Legislature responded by enacting the Local Financial Stability and Choice Act (“Act 436”), effective March 28, 2013. Under Michigan law, a public act with an appropriations provision is not subject to referendum. See In re City of Detroit, 504 B.R. 191, 252 (Bankr. E.D.

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Mich. 2013) (citing Mich. United Conservation Clubs v. Sec’y of State, 464 Mich. 359, 367 (2001)). Unlike Act 4, Act 436 added appropriations provisions that prevented voters from subjecting it to a referendum. Id. at 251. Act 436, like Act 4, authorized the State to appoint emergency managers with authority to exercise the power of local governments. See Phillips v. Snyder, 836 F.3d 707, 711 (6th Cir. 2016).
Following the passage of Act 436, Kurtz resumed his status as named Emergency Manager for the City of Flint, and remained in that post until July 2013. In November 2013, Governor Snyder appointed Darnell Earley as Emergency Manager for the City of Flint. In January 2015, Earley was replaced by Gerald Ambrose.
Between 1967 and 2014, the City of Flint sourced its water from Lake Huron via the Detroit Water and Sewerage Department (DWSD). On March 29, 2013, one day after Act 436 went into effect, the City of Flint decided to join a water supplier, the Karegnondi Water Authority (KWA), that was to be established. Sourcing water for Flint had been under review. In 2011, Flint had commissioned a study (“2011 Report” or “Report”) to evaluate the cost of treating water from the Flint River for municipal use as an alternative to either purchasing from the future KWA or continuing its existing contract with DWSD. The Report determined that water from the Flint River would need to be treated to meet current water safety regulations. It also concluded that the cost of treating water from the Flint River to provide safe municipal use would be greater than the proposed KWA contract, but less than continuing the contract with DWSD. The officials thus decided to go with the cheapest long-term option—the KWA.
Shortly after the decision to switch to the KWA was made, DWSD notified Flint that its current contract would terminate in approximately one year, in April 2014. Because the KWA would take several years to construct, officials were tasked with choosing an interim water source: the Flint River or DWSD. Officials chose the Flint River. Genesee County, which includes Flint but is, according to the Defendants, “[j]urisdictionally separate and distinct from the City of Flint,” had also decided to switch its future water supply to the KWA. Unlike the City of Flint, Genesee County officials opted to continue to purchase DWSD water during the KWA’s construction. The Defendants state that this was because Genesee County, unlike Flint, does not have its own water treatment plant.

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In April 2014, Flint’s emergency manager changed the source of the city’s water from DWSD to the Flint River. The plaintiffs assert that at this time, the City knew “that the Flint River could not be a source of safe municipal water unless it underwent significant treatment, including the addition of anti-corrosive agents and treatment for microbial contaminants,” as explained by the 2011 Report. The Report itself states that its comparison to other alternatives “assumed that the Flint [water treatment plant] w[ould] treat water from the river to provide a finished water of similar quality to other alternatives being considered.” There is no evidence that the City upgraded the treatment plants or provided for additional safety measures prior to switching water supply sources on April 25, 2014. The Defendants contend that they operated in accordance with the SDWA’s Lead and Copper Rule, which requires a two-step process that begins with “initial monitoring” over two separate six-month periods to determine if treatment is required. The first six-month period did not begin until June 2014.
Following the switch to the Flint River, residents immediately began to complain that the drinking water “smelled rotten, looked foul, and tasted terrible.” Larger problems with the water supply soon became apparent. Testing conducted in August and September 2014 detected coliform and E. coli bacteria in the water supply. In October 2014, the water was linked to Legionnaire’s disease. General Motors discontinued its water service because the Flint River water was corroding its parts.
In January 2015, the City issued a notice that the drinking water violated standards, but that it was safe to drink. In February 2015, further water testing indicated high levels of contaminants such as lead and total trihalomethane. The Defendants state that the City conducted its two required rounds of sampling to determine lead levels, from July to December 2014 and January to June 2015, but the results did not exceed the SDWA Lead and Copper Rule’s “action level.” The results did indicate that corrosion control treatment measures were needed to counteract lead levels, which “had risen since switching to the Flint River.” In March 2015, the Flint City Council voted to reconnect with DWSD rather than continuing to use the Flint River water supply, but the City government’s vote was overruled by the Emergency Manager.

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Over the next few months, the City issued instructions to residents on their use of water, including advising them to “pre-flush” taps prior to use or to stop drinking the water altogether. In June 2015, the EPA warned of high lead levels in the water. In response, officials provided consumers with water filters, which the Plaintiffs state did not substantially improve the water quality and were incapable of filtering out known contaminants.
In October 2015, Genesee County declared a public health emergency in Flint, advising residents not to drink the water. That same month, the Emergency Manager ordered that Flint reconnect to DWSD. By that point, however, the protective coating in the water supply pipes had been damaged by water from the Flint River, and until the coating could “buil[d] up to appropriate levels,” the water would continue to have elevated lead levels. The EPA issued an advisory to Flint residents in February 2016, warning them that unfiltered water was not safe and advising the use of bottled water, especially for young children and pregnant women. Many of these advisories are currently still in place, and Flint remains in a state of emergency.
Flint residents have been billed continuously for their water services since April 2014. The City of Flint has engaged in collection efforts when payments have not been made, including disconnecting water service altogether and issuing liens against real property. The Defendants state that Michigan is providing funds for the reimbursement of water bills, as well as making other efforts to ameliorate the effects of the water crisis.
On January 25, 2016, the Michigan Civil Rights Commission passed a resolution to hold a series of hearings to determine the impact of the Flint water contamination crisis on the civil rights of Michigan’s citizens. The Commission, appointed by the Governor, held three hearings that included “expert testimony focusing on the history of Flint’s economy and housing, environmental justice, and the application of the . . . emergency manager law.” Michigan Civil Rights Commission, The Flint Water Crisis: Systemic Racism Through the Lens of Flint iii (Feb. 17, 2017). The Commission’s 130-page report determined that the response to the Flint water crisis was “the result of systemic racism,” Id. at 2., and that its finding was “based on a plethora of events and policies that so racialized the structure of public policy that it systemically produced racially disparate outcomes adversely affecting a community that is primarily made up of people of color.” Id. at 6.

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B. Procedural History of Boler v. Earley
Plaintiffs Beatrice Boler, Pastor Edwin Anderson and Mrs. Alline Anderson, and EPC Sales, LLC, a Flint business, brought a class action on behalf of purchasers of Flint water. They brought suit against Darnell Earley and Gerald Ambrose, both former emergency managers of Flint; Dayne Walling, the former mayor of Flint; the City of Flint; Governor Rick Snyder; the State of Michigan; the Michigan Department of Environmental Quality (MDEQ); and the Michigan Department of Health and Human Services (MDHHS).
The Plaintiffs filed suit in the Eastern District of Michigan on January 31, 2016, alleging twelve causes of action, five of them pursuant to 42 U.S.C. § 1983: (1) impairment of the constitutional right to contract; (2) deprivation of substantive and procedural due process; (3) breach of the duty to protect against state-created danger; (4) breach of the Equal Protection Clause; and (5) deprivation of property interest without due process or just compensation. The Plaintiffs also alleged claims for (6) conspiracy to deprive them of a constitutional right in violation of 42 U.S.C. § 1985; (7) breach of contract; (8) unjust enrichment; (9) breach of implied warranty of merchantability; (10) violation of the Michigan Consumer Protection Act, M.C.L. § 445.903; (11) conversion; and (12) gross negligence.
The Plaintiffs filed a motion for a preliminary injunction, seeking to enjoin the defendants from billing and collecting money from Flint residents for water. At a status conference following briefing on the preliminary injunction, the district court asked the parties to provide supplemental briefing on whether the court had jurisdiction over the case. The court subsequently dismissed the case for lack of subject matter jurisdiction, finding that the Plaintiffs’ § 1983 claims were precluded by the SDWA, leaving only state law claims over which the court did not have jurisdiction. The district court did not address the Plaintiffs’ claim under 42 U.S.C. § 1985, but presumably found it similarly preempted by the SDWA. This appeal followed.
C. Procedural History of Mays v. Snyder
On November 13, 2015, Plaintiffs Melisa Mays, individually and as next friend of three minor children, Michael Mays, Jacqueline and Keith John Pemberton, Elnora Carthan, and Rhonda Kelso, individually and as next friend of one minor child, filed suit on behalf of a

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proposed class of Flint residents or regular users of Flint water since April 25, 2014. They sued
several defendants: Governor Snyder; former Michigan Treasurer Andy Dillon; Director of
MDHHS Nick Lyon; former director of MDEQ Daniel Wyant and six former MDEQ officials1;
Genesee County Drain Commissioner Jeff Wright; former Flint Emergency Managers Edward
Kurtz, Darnell Earley, and Gerald Ambrose; former Flint Mayor Dayne Walling and three
former Flint city officials2; the State of Michigan; and the City of Flint.
The Plaintiffs filed an Amended Complaint on May 25, 2016. It alleged six causes of
action, four of them under 42 U.S.C. § 1983: (1) violation of substantive due process through
state-created danger; (2) violation of substantive due process through an invasion of the
fundamental right to bodily integrity; (3) intentional race discrimination in violation of the Equal
Protect Clause; and (4) impermissible wealth-based discrimination in violation of the Equal
Protection Clause. The Plaintiffs also asserted that the Defendants (5) engaged in a racially-
motivated conspiracy to deny equal protection under 42 U.S.C. § 1985, and (6) engaged in
discrimination in violation of Michigan’s Elliot-Larsen Civil Rights Act, M.C.L. § 37.2302.
Relying on its finding of preclusion by the SDWA in Boler, the district court dismissed
the Mays Plaintiffs’ § 1983 claims for lack of subject matter jurisdiction under Rule 12(b)(1).3
The court also determined that without the § 1983 claims, Plaintiffs’ § 1985 claim “based upon
1These officials, who are sued in their individual capacity, are: Liane Shekter Smith, Chief of the Office of Drinking Water and Municipal Assistance for MDEQ; Adam Rosenthal, a Water Quality Analyst assigned to MDEQ’s Lansing District Office; Stephen Busch, District Supervisor for MDEQ’s Lansing District Office; Patrick Cook, a Water Treatment Specialist assigned to MDEQ’s Lansing Community Drinking Water Unit; Michael Prysby, an engineer assigned to District 11 (Genesee County) of MDEQ; and Bradley Wurfel, Director of Communications for MDEQ.
2These former City of Flint officials are: Howard Croft, Director of Public Works; and Michael Glasgow and Daugherty Johnson, both Utilities Administrators.
3In Mays, the district court dismissed the claims pursuant to motions under both 12(b)(1) and (6) but specifically referred to its disposition of Boler. The Mays Defendants continue to treat this issue as one of jurisdiction. The Plaintiffs note that whether their § 1983 claims are preempted by the SDWA is probably a merits, not jurisdictional, issue because it goes to the availability of a cause of action rather than the court’s power to adjudicate a case. Similar cases examining like questions of preemption have arisen as motions to dismiss under Rule 12(b)(6) or for summary judgment. See, e.g., Fitzgerald v. Barnstable Sch. Comm., 555 U.S. 246, 249 (2009) (district court dismissed § 1983 claims based on Rule 12(b)(6)); Mattoon v. City of Pittsfield, 980 F.2d 1, 2 (1st Cir. 1992) (district court granted summary judgment to defendants on § 1983 claims). We have not found other comparable cases using a Rule 12(b)(1) motion to address statutory preemption of § 1983 claims; it appears that the district court incorrectly addressed this issue as jurisdictional. We nonetheless examine the underlying question of preemption.

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the same conduct” also failed. Having dismissed the federal claims, the court declined to exercise supplemental jurisdiction over the state law discrimination claim. Plaintiffs appealed, and their case was consolidated with Boler.
II. ANALYSIS
We “appl[y] a de novo standard when reviewing the district court’s determination of jurisdiction.” Dealer Computer Servs. Inc. v. Dub Herring Ford, 547 F.3d 558, 560 (6th Cir. 2008). Likewise, we review questions of constitutional and statutory interpretations de novo. Communities for Equity v. Mich. High Sch. Athletic Ass’n, 459 F.3d 676, 680 (6th Cir. 2006).
A. Preclusion of § 1983 Claims by the Safe Drinking Water Act
The district court’s SDWA preemption analysis drew from Middlesex County Sewerage Authority v. National Sea Clammers Association, 453 U.S. 1, 21 (1981), in which the Supreme Court found that the § 1983 claims presented were preempted by the statutes alleged. The court primarily relied on the First Circuit’s determination that the SDWA foreclosed other federal remedies for an alleged right to “safe and potable water.” Mattoon v. Pittsfield, 980 F.2d 1, 4–6 (1st Cir. 1992). The Plaintiffs argue that this is not the proper focus of their claims, and more importantly, that the district court misapplied the standard enunciated by the Supreme Court in its line of cases that began with Sea Clammers and concluded with Fitzgerald v. Barnstable School Committee, 555 U.S. 246, 252 (2009).
The provisions of 42 U.S.C. § 1983 may serve as a vehicle for a plaintiff to obtain damages for violations of the Constitution or a federal statute. Section 1983 provides in part:
Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States . . . to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress. . . .
In Sea Clammers, the Court examined claims—brought under the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1251, and the Marine Protection, Research, and Sanctuaries Act (MPRSA), 33 U.S.C. § 1401, as well as under § 1983—alleging violations of

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those statutes as a result of damage to fishing grounds from pollution. 453 U.S. at 4–5. Focusing on Congress’s intent in enacting FWPCA and MPRSA and finding that they provide “unusually elaborate enforcement mechanisms,” the Court held that the plaintiffs could not use § 1983 to enforce their rights under those pollution statutes. Id. at 13. The Court compared § 1983 to FWPCA and MPRSA, primarily examining the extensiveness of the remedial scheme and its relationship to congressional intent: “[w]hen the remedial devices provided in the particular Act are sufficiently comprehensive, they may suffice to demonstrate congressional intent to preclude the remedy of suits under § 1983.” Id. at 20. Based on these statutory provisions, the Court found it “hard to believe that Congress intended to preserve the § 1983 right of action” for violations of the statute. Id.
The Court reaffirmed this intent-based analysis in subsequent cases. In Smith v. Robinson, 468 U.S. 992 (1984), the plaintiffs brought suit against their child’s school district for relief under both the Education of the Handicapped Act (EHA) and, pursuant to § 1983, the Due Process and Equal Protection Clauses of the Fourteenth Amendment. The Court first looked to the text of the statute and its legislative history and found Congress’s express statements that it had designed the EHA to help the States “comply[] with their constitutional obligations to provide public education for” children with disabilities. Id. at 1009–10. It next reviewed the statute’s procedural mechanisms, focusing on the “comprehensive nature of the procedures and guarantees” in the EHA. Id. at 1010–11. The Court concluded that the language of the statute, its legislative history, and the comprehensive nature of its procedures and remedies reveal Congress’s intent that the statute to be the “exclusive avenue” for plaintiffs to bring all their claims and, thus, § 1983 claims were precluded. Id. at 1012–13.
A few years later, in City of Rancho Palos Verdes v. Abrams, 544 U.S. 113 (2005), the Court examined preclusion of § 1983 claims where the plaintiff sought injunctive relief under the Telecommunications Act (TCA), but damages and attorney’s fees under § 1983 for violations of the federal statute. This returned the Court to a comparison between statutes, as in Sea Clammers. The Court concluded that the detailed and restrictive remedies in the TCA “were deliberate” and indicated Congress’s intent that the statutory remedies were “not to be evaded through § 1983.” Id. at 124.

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In the most recent Supreme Court authority on these issues, Fitzgerald, the Court explained the distinction between § 1983 claims premised on constitutional violations and those based on statutory violations in determining whether a § 1983 claim is precluded. “In those cases in which the § 1983 claim is based on a statutory right, evidence of such congressional intent may be found directly in the statute creating the right, or inferred from the statute’s creation of a comprehensive enforcement scheme that is incompatible with individual enforcement under § 1983.” Fitzgerald, 555 U.S. at 252. The Court then explained:
In cases in which the § 1983 claim alleges a constitutional violation, lack of congressional intent may be inferred from a comparison of the rights and protections of the statute and those existing under the Constitution. Where the contours of such rights and protections diverge in significant ways, it is not likely that Congress intended to displace § 1983 suits enforcing constitutional rights. Our conclusions regarding congressional intent can be confirmed by a statute’s context.
Id. at 252–53 (quotation marks and citations omitted). The Court examined Title IX under this framework and found that it contained only an implied private right of action rather than an express private remedy, lacked a comprehensive remedial scheme, and its substantive protections diverged from those provided by the Equal Protection Clause. Id. at 256–58. The Court determined that Title IX did not foreclose the plaintiff’s equal protection claim brought under § 1983. In doing so, it acknowledged that it was mindful of Smith’s admonition to “not lightly conclude that Congress intended to preclude § 1983 as a remedy for a substantial equal protection claim.” Id. at 256 (quoting Smith, 468 U.S. at 1012). Indeed, when the Supreme Court found in Smith that the EHA precluded an equal protection constitutional claim under § 1983, the Court based its decision on those three key components—the express language of the EHA and its legislative history, the comprehensive nature of remedial scheme, and the Court’s conclusion that the plaintiffs’ constitutional claims were “virtually identical to their EHA claims.” Smith, 468 U.S. at 1009–12.
Fitzgerald was preceded and followed by our own cases that articulate standards in line with the test it set out. We found a § 1983 claim under the First Amendment not precluded by the whistleblower provisions of the SDWA. Charvat v. E. Ohio Reg’l Wastewater Auth., 246 F.3d 607, 615 (6th Cir. 2001). Communities for Equity, in which we denied preclusion by

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Title IX and authorized an equal protection claim under § 1983, was part of the circuit split that preceded and ultimately led to the Supreme Court’s decision in Fitzgerald. See Communities for Equity, 459 F.3d at 683–91. Setting out the governing test, Fitzgerald resolved this circuit split by determining, as we did, that Congress did not intend for Title IX to preclude a § 1983 remedy for a plaintiff’s equal protection claim. See 555 U.S. at 256.
Based on the case authority set out above, the Plaintiffs in Boler and Mays aver that they do not “invoke[] § 1983 . . . as a vehicle to enforce the substantive federal law found in [the SDWA], but as a vehicle to recover for alleged violations” of various constitutional provisions, including the Contract Clause, Equal Protection Clause, and Due Process Clause—allegations that they state would be actionable even if Congress had never enacted the SDWA. Communities for Equity, 459 F.3d at 684. Plaintiffs argue that the fact that Congress “created a set of substantive statutory requirements, and adopted a set of procedures for enforcing those requirements, does not . . . suggest that Congress intend[ed] to foreclose a Section 1983 remedy for the violations of independent rights that find their source, not in laws passed by Congress, but in the Constitution itself.”
The focus of our inquiry on this question is congressional intent. See Communities for Equity, 459 F.3d at 684 (“The question of what Congress intended . . . concerns not only which remedies Congress sought to provide for [statutory] violations, but whether Congress intended to abandon the rights and remedies set forth in [constitutional jurisprudence] when it enacted [the statute].”). “The burden . . . lies with the defendant in a § 1983 action to prove preclusion.” Charvat, 246 F.3d at 615.
1. Statutory Text and Legislative History
The beginning point for examining congressional intent is the language of the statute. See Sea Clammers, 453 U.S. at 13 (“We look first, of course, to the statutory language, particularly to the provisions . . . for enforcement and relief. Then we review the legislative history and other traditional aids of statutory interpretation to determine congressional intent.”). We addressed this very issue in Charvat, and determined that the whistleblower provisions of the SDWA and Clean Water Act (CWA) did not preclude the First Amendment claims brought by

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that plaintiff pursuant to § 1983. See 246 F.3d at 613–15. Our analysis focused solely on the SDWA’s whistleblower provisions; we found that they provide for an administrative remedy only and determined the remedies provided to be insufficiently comprehensive to foreclose relief under § 1983. Id. at 614–15. The Plaintiffs argue that Charvat was an application of the principle that a federal statutory scheme will not preempt independently existing constitutional rights when those rights have contours distinct from the statutory claim.
Charvat does not control our decision here, but we find instructive its analysis that emphasizes a focus on the wording of the statute. That focus accords with Fitzgerald’s analysis, which clarifies that review differs depending on whether “the § 1983 claim is based on a statutory right” or “alleges a constitutional violation.” 555 U.S. at 252. Fitzgerald concludes its explanation of that distinction by noting that “[c]ontext, not just literal text, will often lead a court to Congress’ intent in respect to a particular statute.” Id. (quoting Rancho Palos Verdes, 544 U.S. at 127 (Breyer, J., concurring)).
In Sea Clammers and Rancho Palos Verdes, the Court determined that the statutory remedies at issue were sufficiently comprehensive to evince congressional intent to preclude § 1983 claims for violations of the statute. In Smith, the Court addressed whether the EHA precludes a § 1983 claim based on a constitutional violation and began with a focus on what the legislature said in the Act and its legislative history. The Court found that specific provisions of the EHA evidenced that it was enacted for the very purpose of allowing children with disabilities to pursue their constitutional claims. See Smith, 468 U.S. at 1009–12. Explaining its context, the Act noted that “Congress also recognized that in a series of ‘landmark court cases,’ the right to an equal education opportunity for handicapped children had been established.” Id. at 1010 (quoting S. Rep. No. 94-128, at 13 (1975), reprinted in 1975 U.S.C.C.A.N. 1425, 1425). In addition to protecting that right, the legislative history stated the purpose of Congress in passing the Act: “to provide assistance to the States in carrying out their responsibilities under State law and the Constitution of the United States to provide equal protection of the laws.” Smith, 468 U.S. at 1010 (quoting S. Rep. No. 94-128, at 6 (1975), reprinted in 1975 U.S.C.C.A.N. 1425, 1437) (emphasis added). As a result, the Court found that the EHA

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contained the expression of Congress’s intention to preclude a § 1983 claim based on a constitutional violation.
We examine the Safe Drinking Water Act in light of the analysis employed by these precedent cases. The language of the SDWA centers on instructions to the EPA to establish the requirements for national drinking water standards. See 42 U.S.C. § 300g-1. Its provisions set out standards identifying particular contaminants selected for regulation and establishing maximum levels that limit the amount of those specified contaminants permitted in public drinking water systems. See id. § 300g-1(b). The statutory language also specifies the time frame for the EPA’s promulgation of regulations, the use of science in the EPA’s decisionmaking, and the technology by which public systems should achieve compliance with the standards. See id.
The Defendants have not pointed to any indications of preclusive intent in the text or legislative history of the SDWA in their briefing, nor were they able to do so at argument. The Plaintiffs point to portions of the text and legislative history of the SDWA that they suggest show the statute was not intended to foreclose § 1983 claims for constitutional rights. For example, the SDWA was adopted pursuant to Congress’s power under the Commerce Clause, U.S. Const. Art. I, § 8, rather than its power under Section 5 of the Fourteenth Amendment to enforce constitutional rights. See Nebraska v. E.P.A., 331 F.3d 995, 999 (D.C. Cir. 2003) (stating that “the Commerce Clause provides the constitutional authority for” the SDWA). Accordingly, the Plaintiffs note that the findings enunciated in the SDWA emphasize Congress’s focus on the interstate economic impacts of polluted drinking water, not on any constitutional violations that may accompany the pollution.
Unlike the EHA examined in Smith, the SDWA does not use language related to constitutional rights, or codify legal standards that appeared in prior cases to enforce rights guaranteed by the Constitution. See Smith, 468 U.S. at 1009–10. We find no clear inference from either the text of the statute or its legislative history that Congress intended for the SDWA’s remedial scheme to displace § 1983 suits enforcing constitutional rights. This, in turn, informs our next step—evaluating the comprehensiveness of the remedial scheme provided by the statute.

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2. Remedial Scheme
Lacking textual support from the statute or its legislative history, the Defendants contend that the SDWA’s remedial scheme is so comprehensive that it demonstrates congressional intent to preclude remedies under § 1983. They argue that the remedial provisions of the SDWA are similar to those examined in Sea Clammers which, along with the First Circuit’s holding in Mattoon, should direct our inquiry and conclusion, as they did that of the district court.
The SDWA’s remedial scheme authorizes the EPA Administrator to compel compliance with the standards promulgated by the statute, 42 U.S.C. § 300g-3(b), and to assess civil penalties against violators of SDWA regulations. Id. § 300g-3(g)(3). The statute also provides for judicial review of the Administrator’s actions, including the establishment of drinking water regulations, id. § 300j-7(a), and contains a citizen-suit provision allowing a private action against any person in violation of the statute for injunctive relief. Id. § 300j-8. Plaintiffs bringing claims under the SDWA must also comply with certain procedural requirements, including providing a notice of intent to potential defendants 60 days prior to filing suit. Id. § 300j-8(b)(1)(A). This remedial scheme contains a number of similarities to the schemes in the pollution statutes in Sea Clammers.
The Plaintiffs respond that the SDWA’s savings clause, id. § 300j-8(e), demonstrates that Congress intended to preserve independent remedies for conduct also violating the statute. The savings clause states that “[n]othing in this section [establishing the SDWA’s private right of action] shall restrict any right which any person (or class of persons) may have under any statute or common law to seek enforcement of any requirement prescribed by or under this subchapter or to seek any other relief.” Id. § 300j-8(e). Sea Clammers rejected a similar argument about the FWPCA and MPRSA’s savings clauses, which were similarly worded. See Sea Clammers, 453 U.S. at 20 n.31. The Court found that it was “doubtful that the phrase ‘any statute’ include[d] the very statute in which [that] statement was contained.” Id. at 15–16. But that determination was premised on violations of the statute itself. The Court also recognized that the savings clause was intended to “allow further enforcement of antipollution standards arising under other statutes or state common law.” Id. at 20 n.31; see also Guertin v. State of Mich., No. 16-cv-12412, 2017 WL 2418007, at *13–14 (E.D. Mich. June 5, 2017) (finding that the “robust

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savings clause” in the SDWA is “explicit evidence that Congress did not mean to preempt” the plaintiffs’ constitutional claims because such a finding would “certainly affect” the plaintiffs’ ability to bring such claims). The language of the SDWA’s savings clause lends support to a conclusion that Congress contemplated leaving open § 1983 as an avenue of relief for claims arising under the Constitution.
We pause to address Mattoon, which we do not find dispositive. The plaintiffs in Mattoon brought claims premised on SDWA violations, and a claim of infringement of an alleged “constitutional right to safe drinking water.” 980 F.2d at 5. The Plaintiffs here do not allege that violation, but rather bring claims for violations of specific constitutional provisions including the Contract Clause, Equal Protection Clause, and Due Process Clause. More importantly, the First Circuit’s conclusion predated Fitzgerald, where the Supreme Court explained that when reviewing cases in which the § 1983 claim alleges a constitutional violation, the appropriate framework is to seek to infer congressional intent from the text and legislative history of the statute, review the nature and extent of the remedial scheme, and compare the rights and protections of the statute with those found in the Constitution. See Fitzgerald, 555 U.S. at 252.
Communities for Equity teaches that where constitutional claims such as those here are at issue, the question of congressional intent “concerns not only what remedies Congress sought to provide” for SDWA violations, “but whether Congress intended to abandon the rights and remedies set forth in Fourteenth Amendment equal protection jurisprudence” when it enacted the SDWA. 459 F.3d at 684.
The SDWA’s remedies are more limited than those generally available under § 1983, as the statute provides for injunctive relief only, not for recovery of damages or other monetary relief available to Plaintiffs with successful § 1983 claims. Though the statute contains a private right of action, it also includes a savings clause establishing that its private action does not restrict rights a person may exercise outside the SDWA. The availability of a private judicial remedy in the SDWA, moreover, does not conclusively establish congressional intent to preclude relief under § 1983. Rancho Palos Verdes, 544 U.S. at 122. Rather, we examine whether there are statutory indications “express or implicit” that the remedy is meant to “complement, rather

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than supplant, § 1983.” Id. And we do so in accordance with Fitzgerald’s admonition that we should be “mindful” to “not lightly conclude that Congress intended to preclude reliance on § 1983 as a remedy for a substantial [constitutional] claim.” Fitzgerald, 555 U.S. at 252.
In the context of the SDWA and its text and legislative history, we find that the remedial schemes in the SDWA are not so comprehensive as to demonstrate congressional intent to preclude remedies under § 1983 for constitutional violations. This leaves us with the last consideration set out in Fitzgerald’s framework—a comparison of the substantive rights and protections of the SDWA to the protections provided by the relevant constitutional provisions. It is Defendants’ burden to show that this comparison reveals a congressional intention for the SDWA to preclude remedies provided for under § 1983.
3. Contours of the Rights and Protections
Fitzgerald teaches that in examining the SDWA, we ask whether “the contours of the rights and protections” provided by the SDWA and those existing under the Constitution “diverge in significant ways.” Fitzgerald, 555 U.S. at 252. If they do, this “lends further support to the conclusion that Congress did not intend [the statute] to preclude § 1983 constitutional suits.” Id. at 256. In Fitzgerald, the Court highlighted Title IX’s protections as “narrower in some respects and broader in others,” and determined that this divergent coverage, along with the lack of a sufficiently comprehensive remedial scheme, showed that the statute was not intended to foreclose § 1983 relief. Id. at 256, 258. The Court examined the reach of Title IX’s remedial scheme as compared to the § 1983 claims, activities exempt under the statute that could nonetheless form the basis for equal protection claims, and the congruity of standards for establishing liability where particular activities and defendants might be subject to actions under both Title IX and the Equal Protection Clause. Id. at 257–58. It highlighted that claims brought to enforce the safeguards of the Equal Protection Clause reach only state actors, while Title IX reaches “institutions and programs [receiving] federal funds, which may include nonpublic institutions.” Id. at 257 (citations omitted). The Court illustrated how the standards for governing liability were not congruent: a Title IX plaintiff could establish deliberate indifference and school district liability for harassment through the conduct of “a single school administrator with authority,” but a similar equal protection claim against the district, brought via § 1983,

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would require showing that “the harassment was the result of municipal custom, policy, or practice.” Id. at 257–58 (citation omitted).
The Plaintiffs emphasize the divergence between the rights protected by the SDWA and those protected by their constitutional claims. The Defendants maintain that the § 1983 claims are, at their heart, based on misconduct addressed by the SDWA, arguing that they have the same factual basis as potential SDWA claims and that the allegations made in the Plaintiffs’ complaint stem from responsibilities and duties imposed by the SDWA.
The SDWA’s citizen-suit provision authorizes action against “any person,” which therefore reaches both nonpublic actors as well as the state actors covered by § 1983. See 42 U.S.C. § 300j-8(a). But even with some overlap in coverage, the substantive standards within the statute diverge significantly from the protections afforded by the Constitution. The Boler Plaintiffs allege violations of several constitutional provisions, including the Contract Clause, Due Process Clause, and Equal Protection Clause. The Mays Plaintiffs also allege due process and equal protection violations. All Plaintiffs argue that each of these constitutional rights diverge significantly from the rights and protections provided by the SDWA. We agree.
The distinct coverage of the Equal Protection Clause provides a clear example. The citizen-suit provision allows a plaintiff to file a SDWA action to “enforce . . . any requirement prescribed by or under” the statute. Id. The SDWA establishes maximum contaminant levels through its national primary drinking water regulations, which most public water systems may not exceed. Id. § 300g-1. These regulations reach only certain harmful contaminants in drinking water, and do not redress harms caused by many other contaminants that are unregulated by the SDWA. Establishing a violation of the statute does not require proof of intent or meeting any specific standard beyond showing contaminant levels in excess of the maximum established by the regulations. The statute would thus cover both intentional and negligent conduct, as long as it violated the regulation.
In a wide variety of circumstances, conduct that violates the SDWA might not violate the Equal Protection Clause, and vice versa. For example, a government entity could provide water through a public system with contaminant levels in excess of national drinking water standards

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without infringing on any equal protection principles. Likewise, a government entity could provide some customers with water that meets the requirements of SDWA standards, but that is nonetheless dirtier, smellier, or of demonstrably poorer quality than water provided to other customers. The water also could be polluted by a contaminant not regulated by the SDWA. Even though not violating the SDWA, these situations could create an equal protection issue, particularly if such distinction were based on intentional discrimination or lacked a rational basis.
A Due Process Clause example further highlights this divergence in coverage. The Mays and Boler Plaintiffs both allege that the Defendants denied them due process of law through the state-created danger doctrine, by exposing them to the contaminated water sourced from the Flint River. Establishing a due process violation through the state-created danger doctrine requires showing:
(1) an affirmative act by the state which either created or increased the risk that the plaintiff would be exposed to an act of violence by a third party; (2) a special danger to the plaintiff wherein the state’s actions placed the plaintiff specifically at risk, as distinguished from a risk that affects the public at large; and (3) the state knew or should have known that its actions specifically endangered the plaintiff.
Jones v. Reynolds, 438 F.3d 685, 690 (6th Cir. 2006) (citations omitted). The plaintiff “must demonstrate that the state acted with the requisite culpability to establish a substantive due process violation under the Fourteenth Amendment,” which varies depending on the circumstances. Ewolski v. City of Brunswick, 287 F.3d 492, 510 (6th Cir. 2002). A deliberate indifference standard is used to establish culpability “in settings [that] provide the opportunity for reflection and unhurried judgments, but . . . a higher bar may be necessary when opportunities for reasoned deliberation are not present.” McQueen v. Beecher Cmty. Schs., 433 F.3d 460, 469 (6th Cir. 2006) (quotation marks and citations omitted).
A violation of the SDWA that does not meet a deliberate indifference standard, such as a state actor’s negligent action resulting in contaminant levels above the established maximum, plainly would not meet the requirements of a due process violation. Likewise, a state actor’s deliberately indifferent action concerning contaminants in public water systems, which created a special danger to a plaintiff that the state knew or should have known about, could violate the

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Due Process Clause without also violating the SDWA, if the hypothetical contaminants did not exceed the statutory maximums or were not regulated by it.
Under some circumstances, actions that violate the SDWA may also violate the Equal Protection Clause or Due Process Clause. The Defendants argue that this is necessarily the case, and that the Plaintiffs’ claims could not be pursued without showing a violation of the SDWA.4 But as noted, that is often not the case, particularly where the SDWA does not even regulate a contaminant harmful to public drinking water users. The contours of the rights and protections of the SDWA and those arising under the Constitution, and a plaintiff’s ability to show violations of each, are “not . . . wholly congruent.” Fitzgerald, 555 U.S. at 258. This further supports the conclusion that Congress did not intend to foreclose § 1983 suits by enacting the SDWA.
The Defendants also appear to argue that the Plaintiffs have not actually shown that their constitutional rights were violated, as pled by the Complaints filed in Boler and Mays. But these arguments are irrelevant to the preemption question at hand—particularly because the Defendants’ arguments seek to address the merits of the claims, and the district court apparently treated the issue of preclusion as jurisdictional. The Defendants urge us to consider the due process claims as pled in these cases, and determine that the Complaints do not establish constitutional violations. At the motion to dismiss stage, however, we focus on the availability of a cause of action, not whether the plaintiffs have proven that these constitutional rights were violated.
Having resolved that there is no textual indication in the SDWA that Congress expressly chose to preempt § 1983 claims and that the provisions of the remedial scheme do not demonstrate such an intention, we also find that the contours of the rights and protections found in the constitutional claims diverge from those provided by the SDWA such that we infer lack of congressional intention to foreclose § 1983 claims. The Defendants have not demonstrated that “Congress intended to abandon the rights and remedies set forth in Fourteenth Amendment equal
4The Defendants also argue that the Plaintiffs’ claims rest on a constitutional right to safe drinking water, which no courts have found to be a fundamental right. But the Plaintiffs explicitly deny that they seek to enforce such a right, or that their claims must rest on such a right. This argument appears principally to concern the Plaintiffs’ substantive due process claims. But to show that the state-created danger doctrine or a person’s fundamental right to bodily integrity have been violated, a Plaintiff does not need to establish any constitutional significance to the means by which the harm occurs—in this case, unsafe drinking water.

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protection jurisprudence” when it enacted the SDWA. Communities for Equity, 459 F.3d at 684. Under the governing precedent, primarily that of the Supreme Court, the Defendants have not carried their burden and the Plaintiffs may thus move forward with their cases. We find that the SDWA does not preclude § 1983 claims as pled by the Boler and Mays Plaintiffs, and reverse the district court’s dismissal of their Complaints on that basis.
B. Section 1985 Claims
The Plaintiffs also brought claims under 42 U.S.C. § 1985(3), alleging that the defendants conspired to deprive them “of the equal protection of the laws, or of equal privileges and immunities under the laws.” The district court did not address this claim when dismissing Boler, presumably finding that it failed because the plaintiffs’ § 1983 claims were preempted by the SDWA. In Mays, the district court explicitly dismissed the Plaintiffs’ § 1985(3) claim, determining that “[w]ithout viable constitutional claims” under § 1983, the Plaintiffs’ “conspiracy claim under § 1985(3) based upon the same conduct also fails.” Since we find that the SDWA does not preclude the Plaintiffs’ § 1983 claims, we likewise reverse the district court’s dismissal of their claims brought under § 1985(3).
C. Eleventh Amendment Sovereign Immunity
The State of Michigan, Governor Snyder, MDEQ, and MDHHS (collectively, “State Defendants”) argue that the Eleventh Amendment serves as a separate and independent jurisdictional bar to the plaintiffs’ claims against them. The Boler Plaintiffs respond that the State Defendants’ conduct in litigation constitutes waiver of their Eleventh Amendment protections. Both the Boler and Mays Plaintiffs assert that the Ex Parte Young doctrine applies to their claims against Governor Snyder.
Though not addressed by the district court, we examine the question of sovereign immunity as part of our continuing obligation to consider our jurisdiction over the appeal. Puckett v. Lexington-Fayette Urban Cty. Gov’t, 833 F.3d 590, 598 (6th Cir. 2016). Sovereign immunity protects states, as well as state officials sued in their official capacity for money damages, from suit in federal court. Ernst v. Rising, 427 F.3d 351, 358 (6th Cir. 2005). It also applies to state agencies or departments, such as MDEQ and MDHHS. See Pennhurst State Sch.

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& Hosp. v. Halderman, 465 U.S. 89, 100 (1984). Sovereign immunity “does not extend to counties and similar municipal corporations,” such as the defendants associated with the City of Flint in these cases. Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S. 274, 280 (1977). There are three exceptions to sovereign immunity: (1) when the state has waived immunity by consenting to the suit; (2) when Congress has expressly abrogated the states’ sovereign immunity, and (3) when the doctrine set forth in Ex Parte Young, 209 U.S. 123 (1908), applies. See Puckett, 833 F.3d at 598. Section 1983 does not abrogate Eleventh Amendment immunity. Will v. Mich. Dep’t of State Police, 491 U.S. 58, 66 (1989) (stating that Congress did not intend to “disturb the States’ Eleventh Amendment immunity” by passing § 1983). As a result, only the other two exceptions—consent or the application of Ex Parte Young—may apply in these cases.
1. State Waiver Via Conduct in Litigation in Boler
Consent to a suit may be indicated expressly, or “take the form of a voluntary appearance and defense on the merits in federal court.” Lawson v. Shelby Cty., 211 F.3d 331, 334 (6th Cir. 2000). Removing an action from state to federal court will constitute waiver. Lapides v. Bd. of Regents of the Univ. Sys. of Ga., 535 U.S. 613, 616 (2002). But appearance in court to present certain defenses, such as a statute of limitations argument, is not a defense on the merits indicating waiver of immunity. See Akers v. Cty. of Bell, 498 F. App’x 483, 490 (6th Cir. 2012). In Ku v. Tennessee, 322 F.3d 431, 435 (6th Cir. 2003), we determined that by engaging in substantial discovery, filing a motion for summary judgment, and only raising an Eleventh Amendment defense after an adverse ruling on the summary judgment motion, the State of Tennessee had voluntarily invoked jurisdiction sufficient to waive its sovereign immunity defense.
The Boler Plaintiffs first argue that the State Defendants’ conduct in litigation demonstrates their consent to the suit, specifically by passing legislation with the intent of affecting the Plaintiffs’ claims. Public Act 24, which provided $30 million in appropriations for the Flint water crisis, was signed into law on February 26, 2016, two days after the Plaintiffs filed for a preliminary injunction. The Plaintiffs assert that the State Defendants increased their efforts to pass Act 24 only after they knew the motion for a preliminary injunction was imminent, and that the legislation was passed in part to be used as a “tool in litigation.” As

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evidence, the Plaintiffs point to the State Defendants’ briefing on jurisdiction before the district court, where they argued that Act 24 “mooted” the Plaintiffs’ requests for relief. The Plaintiffs argue that this conduct, as well as the State Defendants’ participation in settlement negotiations, demonstrates their consent to litigation in the interests of reaching a resolution on the merits.
As support, the Plaintiffs cite Vaquerias Tres Monjitas, Inc. v. Comas, 992 F. Supp. 2d 39, 47 (D.P.R. 2013), where the court stated that “once the Government voluntarily agreed to use public funds” to compensate the plaintiffs for their losses as a result of pricing violations, the Commonwealth of Puerto Rico “expressly waived its Eleventh Amendment immunity by its conduct in litigation.” The court also found that the Commonwealth’s participation in settlement agreements further confirmed this waiver. Id. However, on appeal, the First Circuit forcefully stated that the district court’s determination that Puerto Rico had waived its Eleventh Amendment immunity was “in no sense necessary to . . . entry of the judgment,” and that the statements were “dicta,” “wholly gratuitous,” and “ha[d] the obvious effect of causing confusion.” Vaquerias Tres Monjitas, Inc. v. Pagan, 748 F.3d 21, 23 (1st Cir. 2014). The First Circuit emphasized that the “standard for finding [Eleventh Amendment] waiver is a stringent one,” and strongly suggested that the district court amend the order to delete the language. Id. at 27. The applicability of the district court’s opinion in Vaquerias is therefore quite limited. Nor have we found other support for the proposition that encouraging the passage of an appropriations bill that might affect a plaintiff’s claims or engaging in settlement negotiations would constitute conduct in litigation that indicates consent to waive sovereign immunity.
Though we find that the State Defendants have participated in some litigation conduct, their actions do not rise to the level of a waiver of their Eleventh Amendment immunity. We note that their defense that the SDWA precludes the Plaintiffs’ § 1983 claims is arguably a “defense on the merits in federal court,” Lawson, 211 F.2d at 334, since other courts have typically treated similar claims as merits issues rather than threshold questions of jurisdiction. But since the district court considered the argument to be jurisdictional and the Boler appeal follows from the court’s ruling on a 12(b)(1) motion, we find that the State Defendants’ participation in the argument does not constitute a defense on the merits.

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We also note that the State Defendants presented a defense to the Boler Plaintiffs’ motion for a preliminary injunction, arguing against the merits of the case without raising the issue of sovereign immunity. Nor did the issue arise in the defendants’ Joint Statement of Resolved and Unresolved Issues. The State Defendants first invoked the defense of sovereign immunity in their Supplemental Brief for Jurisdictional Arguments, which was prompted by the district court at a status conference. Nonetheless, this participation in litigation does not rise to the level of waiver. In Ku, Tennessee only raised an Eleventh Amendment defense after “engaging in substantial discovery, filing a motion for summary judgment,” and the district court had issued a “final adverse ruling.” 322 F.3d at 432; see also Hunter v. Hamilton Cty. Bd. of Elections, 850 F. Supp. 2d 795, 801–02 (S.D. Ohio 2012) (finding that the Board of Elections, which was an arm of the state, had waived Eleventh Amendment immunity by participating in extensive pre-trial activities before the district court and Sixth Circuit, including appealing the district court’s order granting a preliminary injunction, participating in a discovery conference, and filing a trial brief). The State Defendants’ conduct does not rise to the same level in this instance, where the district court never issued any final judgments before the motion to dismiss and the parties had not yet engaged in discovery. We find that the State Defendants have not waived their sovereign immunity, and affirm the district court’s dismissal of the Boler Plaintiffs’ claims against the State of Michigan, MDEQ, and MDHHS on this basis.5
2. The Ex Parte Young Doctrine
The exception set forth in Ex Parte Young allows plaintiffs to bring claims for prospective relief against state officials sued in their official capacity to prevent future federal constitutional or statutory violations, “regardless of whether compliance might have an ancillary effect on the state treasury.” S & M Brands, Inc. v. Cooper, 527 F.3d 500, 507 (6th Cir. 2008) (citations omitted). But the doctrine does not extend to retroactive relief or claims for money damages. Id. at 508; see also Edelman v. Jordan, 415 U.S. 651, 663 (1974). To determine if Ex Parte Young applies, we “need only conduct a ‘straightforward inquiry into whether [the] complaint alleges an ongoing violation of federal law and seeks relief properly characterized as
5The Boler Plaintiffs also argue that the State Defendants, through operation of the Emergency Manager law, became agents and servants of the City of Flint, which does not have Eleventh Amendment immunity. The Plaintiffs offer no support for this argument, and it does not overcome the Eleventh Amendment bar.

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prospective.’” Dubuc v. Mich. Bd. of Law Exam’rs, 342 F.3d 610, 616 (6th Cir. 2003) (quoting Verizon Md., Inc. v. Pub. Serv. Comm’n of Md., 535 U.S. 635, 645 (2002)) (alteration in original).
a. Application of Ex Parte Young to Governor Snyder in Boler
The State Defendants argue that Ex Parte Young is inapplicable because the Boler Plaintiffs do not actually seek prospective injunctive relief against Governor Snyder, but restitution, and because they have not shown any ongoing violations of federal law. The Plaintiffs respond that Ex Parte Young applies to the injunctive relief they seek, and that the State Defendants, including Governor Snyder, continue to play an active role in the water crisis that is producing ongoing violations of their constitutional rights.
But the Boler Complaint does not make clear what those ongoing violations are. The State Defendants posit that the Plaintiffs concede that there is no threat to their ongoing rights by acknowledging that Flint has already reconnected to DWSD. Though we do not find any such concession, the Complaint does appear to be focused on Governor Snyder’s conduct up until October 2015, when he “belatedly” ordered that the Flint system be reconnected to DWSD. The Plaintiffs allege that this action was part of his participation in “creating, escalating, and prolonging the dangers” to Flint water consumers, but do not clarify his ongoing involvement beyond that point. The State Defendants argue that the proposed class focuses on Flint residents who were billed for water between April 2014 and October 2015, suggesting that the conduct at issue took place within that time period. But many Complaint allegations center on the Plaintiffs’ obligation to pay for contaminated water, which is ongoing, and allegedly impairs their constitutional rights under the Contract Clause and Due Process Clause.
Even if we were to find that the Complaint alleges an ongoing violation of federal law, it is not clear what injunctive relief is sought. Though each count alleged requests injunctive relief, and the prayer for relief asks for “[a]ny other relief, including injunctive relief, as [the c]ourt deems fair,” the Plaintiffs provide no indication as to what this injunctive relief might be. Under our plain reading of the Complaint, the Boler Plaintiffs have not shown that the Ex Parte Young doctrine applies to their claims against Governor Snyder.

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b. Application of Ex Parte Young to Governor Snyder in Mays
Similarly, the State Defendants argue that Ex Parte Young does not apply in Mays, because the injunctive relief sought is not prospective or actually injunctive, and because declaratory relief is unavailable. Defendants also argue that the Plaintiffs have not shown any ongoing violations of their constitutional rights because they have “essentially concede[d] that no such threat exists” by acknowledging that Flint has reconnected to DWSD.6
But this takes too narrow a view of the ongoing constitutional violations that the Plaintiffs allege. Damage to the water pipes has been done, and has ongoing effects. The Complaint specifically refers to Flint’s current State of Emergency, which continues to the present day. It also alleges that the relief efforts by public officials have been “ineffective [and] often frivolous[] in mitigating the devastation caused” by the crisis and such “ineffective relief efforts” have themselves prolonged the effects of the crisis. This is sufficient to show an ongoing violation of the Plaintiffs’ constitutional rights, especially considering that they bring claims for, among other things, state-created danger and violation of their fundamental right to bodily integrity.
Moreover, the Mays Complaint specifically seeks “[a]n injunctive order to remediate the harm caused by Defendants’ unconstitutional conduct including, but not limited to: repairs of private property and establishment of medical monitoring to provide healthcare and other appropriate services to Class members for a period of time deemed appropriate by the Court.” It also seeks the “[a]ppointment of a monitor who will assist in the development of remedial plans including, but not limited to: early education, education intervention programs, [and] criminal and juvenile justice evaluations.” The State Defendants argue that this relief is somehow “clearly” an attempt to obtain “retroactive damages unavailable under Young.” But “[a] court may enter a prospective suit that costs the state money . . . if the monetary impact is ancillary, i.e., not the primary purpose of the suit.” Barton v. Summers, 293 F.3d 944, 950 (6th Cir. 2002).
6The Defendants also argue that the Mays Plaintiffs’ claims against the State of Michigan are barred based on sovereign immunity. The only claims asserted against the State of Michigan in Mays are Counts I and II, which allege violations of substantive due process and are brought pursuant to § 1983. The Defendants argue that the State has not consented to suit and is not a proper defendant in a cause of action brought under § 1983. The Plaintiffs appear to concede this point. We thus affirm the district court’s dismissal of the Mays Plaintiffs’ claims against the State of Michigan as barred by sovereign immunity.

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For example, the Supreme Court upheld an order enjoining a state to provide education programs as a way of redressing past racial discrimination. See Milliken v. Bradley, 433 U.S. 267, 288–90 (1977). The injunctive order did not award money retroactively, but directed the state’s conduct in the future.
That is what the Complaint seeks here: to direct the Governor’s conduct in providing services to Plaintiffs affected by the Flint water crisis. The primary purpose of this relief is not to cost the State of Michigan money, but to provide relief to the Plaintiffs through compensatory education, medical monitoring, and evaluation services. A straightforward look at the Complaint shows that this relief is properly characterized as prospective. See Verizon, 535 U.S. at 645. Thus, we find that Ex Parte Young applies to the claims made against Governor Snyder in Mays.
In sum, Eleventh Amendment sovereign immunity applies to the State of Michigan in both Mays and Boler, as well as to the Boler Plaintiffs’ claims against the MDEQ, MDHHS, and Governor Snyder. The district court’s dismissal of the Plaintiffs’ claims against these Defendants is affirmed. As noted above, Eleventh Amendment sovereign immunity does not apply to municipalities; thus, the Boler Plaintiffs’ claims against the City Defendants—Earley and Ambrose, former Emergency Managers of Flint; Walling, former Mayor of Flint; and the City of Flint—remain. Similarly, the Mays Plaintiffs’ claims against all Defendants except the State of Michigan remain.
D. Dismissal Under Alternate Grounds
The Defendants argue that, even if not precluded by the SDWA, the Plaintiffs’ § 1983 claims should be dismissed for several alternate reasons. They argue that the dismissal of both Boler and Mays should be affirmed pursuant to Rule 12(b)(6) for failure to state a claim upon which relief can be granted. The Defendants also argue that Boler’s dismissal should be affirmed because the claims are merely artfully-pled state law claims, or are based on a recently issued EPA administrative order. Several Defendants in Mays also argue that claims against them should be dismissed based on absolute or qualified immunity, or as impermissibly relying on the doctrine of respondeat superior. We do not find any of these arguments availing.

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1. Dismissal Under Rule 12(b)(6) for Failure to State a Claim
The Plaintiffs correctly note that the only issues currently before us are the dismissal of their § 1983 claims as preempted by the SDWA and the question of sovereign immunity. Even though we have determined that the § 1983 claims are not foreclosed, the Defendants seek affirmance under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. We may affirm the district court on any basis supported in the record. See Angel v. Kentucky, 314 F.3d 262, 264 (6th Cir. 2002); see also Blount-Hill v. Zelman, 636 F.3d 278, 284 (6th Cir. 2011) (affirming the district court on an alternative basis when it “further[ed] the interests of judicial economy and d[id] not unfairly prejudice the parties, as the issue ha[d] been raised and fully briefed”). We decline to do so here.
First, Boler was dismissed pursuant to a Rule 12(b)(1) motion for lack of subject matter jurisdiction. Though Mays was apparently dismissed after motions brought under both Rule 12(b)(1) and (12(b)(6), the district court premised the dismissal on its resolution in Boler—where it treated the issue as jurisdictional. The district court “has [not] addressed the merits of [the Plaintiffs’] constitutional claims or even the sufficiency of their pleadings.” Fitzgerald, 555 U.S. at 260. Nor have the Plaintiffs been given an opportunity to fully brief the merits of their constitutional claims, which involve factual complexities that are best examined by the district court in the first instance. Moreover, the Boler and Mays Plaintiffs bring distinct constitutional claims, based on different factual underpinnings and legal arguments. A consolidated appeal is not the appropriate occasion to evaluate these claims for the first time. Such an analysis, moreover, could unfairly prejudice the Plaintiffs, who have only addressed the Defendants’ Rule 12(b)(6) arguments in their reply briefs. We believe the district court is in the best position to evaluate these arguments upon remand.
2. Alternate Grounds for Dismissal of Boler Claims
The Defendants also argue that Boler should be dismissed for two additional reasons: (1) because the Plaintiffs’ claims are merely artfully-pled state law claims, and (2) based on a recent EPA administrative order. Neither argument merits affirming the district court’s dismissal.

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First, the district court did not examine the Defendants’ argument that the Boler Plaintiffs’ § 1983 claims are merely artfully-pled state law breach of contract claims. “Dismissal for lack of subject-matter jurisdiction because of the inadequacy of [a] federal claim is proper only when the claim is ‘so insubstantial, implausible, foreclosed by prior [precedent], or otherwise completely devoid of merit as not to involve a federal controversy.’” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 89 (1998) (quoting Oneida Indian Nation of N.Y. v. Cty. of Oneida, 414 U.S. 661, 666 (1974)). That standard is easily overcome here, where the Plaintiffs have alleged several substantial constitutional claims sufficient to survive under Rule 12(b)(1). Any further evaluation of these claims on the merits, such as their sufficiency under Rule 12(b)(6), should first be performed by the district court upon remand as discussed above.
Second, the Defendants also argue that dismissal of Boler is justified based on the EPA’s recently issued Emergency Administrative Order (EAO), which directed the City of Flint and State of Michigan to take certain steps to address the Flint water crisis. The Defendants assert that the relief requested in Boler would require the district court to review and rule on the EAO, but that exclusive jurisdiction to do so is vested in the court of appeals. See 42 U.S.C. § 300j7(a)(2). The Plaintiffs do not seek review of or alterations to the EAO, and their claims do not constitute an appeal of a “final Agency action” by the EPA that would bring the action under the ambit of the SDWA’s judicial review provision. Id. Rather, their claims and the relief they seek “may parallel the EPA’s directives to . . . Flint and Michigan . . . [or] augment those orders.” Concerned Pastors for Soc. Action v. Khouri, 194 F. Supp. 3d 589, 599 (E.D. Mich. 2016) (evaluating and rejecting the same argument made by many of the same Defendants in this action). The EAO does not justify affirming the district court’s dismissal for lack of subject matter jurisdiction.

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3. Alternate Grounds for Dismissal of Mays Claims
The MDEQ Defendants also argue that dismissal of the Mays Plaintiffs’ claims against them should be affirmed on alternate grounds: (1) based on absolute or qualified immunity, or (2) as improperly seeking relief based on the doctrine of respondeat superior. Again, we find that neither argument provides an alternate basis to affirm the district court’s dismissal.7
a. Absolute or Qualified Immunity of MDEQ Officials
The MDEQ Defendants argue that the Mays claims against them are barred by absolute immunity, which protects persons “performing adjudicatory functions within a federal agency . . . from damages liability for their judicial acts.” Butz v. Economou, 438 U.S. 478, 514 (1978). The shield of absolute immunity has been extended to some officials who “perform functions closely associated with the judicial process.” Cleavinger v. Saxner, 474 U.S. 193, 200–01 (1985). But the Supreme Court has also been “‘quite sparing in [its] recognition of absolute immunity,’ and has declined ‘to extend it any further than its justification would warrant.’” Flying Dog Brewery, LLLP v. Mich. Liquor Control Comm’n, 597 F. App’x 342, 348 (6th Cir. 2015) (quoting Burns v. Reed, 500 U.S. 478, 487 (1991)). As such, officials seeking “absolute exemption from personal liability for unconstitutional conduct must bear the burden of showing that public policy requires an exemption of that scope.” Butz, 438 U.S. at 506.
The MDEQ Defendants have not done so here. While they broadly assert that their actions “are analogous to those of a prosecutor exercising his prosecutorial discretion to bring suit,” they provide no case law showing that courts have found MDEQ officials, or public officials making similar decisions to those made by the MDEQ, to be entitled to absolute immunity. Nor have they provided an application of any of the factors we have used to determine that public officials are entitled to quasi-judicial immunity, such as the need to assure

7Wright, the Genesee County Drain Commissioner, also seeks to affirm the district court’s dismissal of the
Mays Plaintiffs’ claims for failure to plead facts showing that they are entitled to relief against him. For the reasons explained above, we decline to analyze whether the Plaintiffs have stated a claim against Wright under Rule 12(b)(6). But we also note that Wright’s brief does not make any independent 12(b)(6) arguments and only seeks to incorporate his arguments from a motion to dismiss filed before the district court. We “explicitly disallow[] the incorporation by reference into appellate briefs of documents and pleadings filed in the district court.” Northland Ins. Co. v. Stewart Title Guar. Co., 327 F.3d 448, 453 (6th Cir. 2003). Such an attempt to incorporate by reference “does not comply with the Federal Rules of Appellate Procedure.” Id. at 452; see also Fed. R. App. P. 28(a)(8).

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that the official can perform his functions without harassment or intimidation or insulation from political influence. See Flying Dog Brewery, 597 F. App’x at 348–49. The Defendants’ conclusory arguments do not merit an extension of the absolute immunity doctrine.
The MDEQ Defendants also argue that the § 1983 claims in Mays are barred by qualified immunity. “Qualified immunity protects government officials performing discretionary functions unless their conduct violates a clearly established statutory or constitutional right of which a reasonable person in the official’s position would have known.” Silberstein v. City of Dayton, 440 F.3d 306, 311 (6th Cir. 2006) (citing Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982)). The test for qualified immunity is two-pronged, and the plaintiff must show that the official’s conduct (1) violated a constitutional right, and (2) that the right was clearly established. Silberstein, 440 F.3d at 311; see also Radvansky v. City of Olmsted Falls, 395 F.3d 291, 302 (6th Cir. 2005) (requiring that the plaintiff establish that the official’s action was “objectively unreasonable in light of the clearly established constitutional rights”).
The first part of this test involves determining whether the Mays Plaintiffs have alleged a constitutional violation. Because we have declined to analyze the merits of the Plaintiffs’ claims, we also decline to determine whether qualified immunity applies in the first instance. We deny the request to affirm the district court’s dismissal on the basis of absolute or qualified immunity.
b. Respondeat Superior
Finally, the MDEQ Defendants argue that the claims in Mays against Wyant, Shekter Smith, and Busch are based on the premise that they, as former directors and supervisors within the MDEQ, are liable for “any alleged wrongful conduct of the entire MDEQ/ODWMA/Lansing District, regardless of their level of direct involvement.” This, the Defendants assert, impermissibly rests the § 1983 claims against them on the doctrine of respondeat superior, or supervisor liability. See Polk Cty. v. Dodson, 454 U.S. 312, 325 (1981) (“Section 1983 will not support a claim based on a respondeat superior theory of liability.”) (citing Monell v. N.Y.C. Dep’t of Soc. Servs., 436 U.S. 658, 694 (1978)). The Plaintiffs respond that their claims against these MDEQ Defendants rest on their own personal conduct.

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Indeed, the Mays Complaint specifically alleges that Wyant participated in the decision to switch the City of Flint’s water supply to the KWA. It alleges that Shekter Smith expressed concern that Flint water would be publicly linked to the outbreak of Legionnaire’s disease, and also acknowledged that the water problems in Flint were due to “corrosion across the distribution system.” The Complaint alleges that Busch was on notice that the water treatment plant was not ready at the time Flint switched water supplies, and falsely told the EPA that the City of Flint was using corrosion control on its water supply. Finally, the Complaint alleges that both Busch and Shekter Smith received an EPA report concerning elevated levels of lead in the Flint water supply, and failed to undertake any measures to address the dangers to the public. These allegations concern the individual conduct of the MDEQ Defendants, and their own participation in the alleged violations of the Plaintiffs’ substantive due process rights. They do not rely on respondeat superior, and we deny the request to affirm the district court’s dismissal on this ground.
III. CONCLUSION
For the foregoing reasons, we REVERSE the district court’s dismissal of the Plaintiffs’ § 1983 claims as precluded by the SDWA. We AFFIRM the dismissal of the Plaintiffs’ claims against the State of Michigan in Mays, and against the State of Michigan, MDEQ, MDHHS, and Governor Snyder in Boler, on the basis of Eleventh Amendment sovereign immunity. We REMAND the cases for further proceedings in accordance with this opinion.

5:16-cv-1C0a3s2e3:-J1E6L-1-M68K4M Docu#m6e1nt:F6i6le-d3 07/F2i8le/d1:707P/2g83/290o1f739 PaPggeI:D11273 (39 of 39)

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Nos. 16-1684/17-1144

16-1684
BEATRICE BOLER; EDWIN ANDERSON; ALLINA ANDERSON; EPCO SALES, LLC,
Plaintiffs - Appellants,
v.
DARNELL EARLEY; GERALD AMBROSE; DAYNE WALLING; CITY OF FLINT; STATE OF MICHIGAN; MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY; MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES; RICHARD DALE SNYDER,
Defendants - Appellees.
17-1144
MELISSA MAYS; MICHAEL MAYS; JACQUELINE PEMBERTON; KEITH JOHN PEMBERTON; ELNORA CARTHAN; RHONDA KELSO,
Plaintiffs - Appellants,
v.
RICK SNYDER; STATE OF MICHIGAN; DANIEL WYANT; LIANE SHEKTER SMITH; ADAM ROSENTHAL; STEPHEN BUSCH; PATRICK COOK; MICHAEL PRYSBY; BRADLEY WURFEL; DARNELL EARLEY; GERALD AMBROSE; DAYNE WALLING; HOWARD CROFT; MICHAEL GLASGOW; DAUGHERTY JOHNSON; CITY OF FLINT; NICK LYON; ANDY DILLON; EDWARD KURTZ; JEFF WRIGHT,
Defendants - Appellees.

FILED
Jul 28, 2017
DEBORAH S. HUNT, Clerk

Before: COLE, Chief Judge; STRANCH and DONALD, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION THEREOF, it is ORDERED that the district court’s dismissals of the Plaintiffs’ § 1983 claims as precluded by the Safe Drinking Water Act is REVERSED. IT IS FURTHER ORDERED that the dismissals of the Plaintiffs’ claims against the State of Michigan in Mays, and against the State of Michigan, the Michigan Department of Environmental Quality, the Michigan Department of Health and Human Services, and Governor Snyder in Boler are AFFIRMED. The cases are REMANDED for further proceedings consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk

 
 Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 1 of 13
CLOSED,REOPENED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16−cv−10323−JEL−MKM

Boler et al v. Earley et al

Assigned to: District Judge Judith E. Levy

Referred to: Magistrate Judge Mona K. Majzoub

Case in other court:

U.S. Court of Appeals − Sixth

Circuit, 16−01684

Date Filed: 01/31/2016 Date Terminated: 04/17/2018 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

U.S. Court of Appeals − Sixth Circuit, 16−01684

Cause: 28:1331 Federal Question: Other Civil Rights

Plaintiff

Beatrice Boler Mrs.

represented by Susan L. Burke Murphy Falcon Murphy Koch Xinis One South Street 23rd Floor Baltimore, MD 21202 410−539−6500 Fax: 410−539−6599 Email: sburke@burkepllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

William H. Murphy , Jr. Murphy & Falcon, P.A. One South Street Suite 2300 Baltimore, MD 21202 410−539−6500 Fax: 410−539−6599 LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Shea Shea Aiello, PLLC 26100 American Drive Second Floor Southfield, MI 48034 248−354−0224 Email: david.shea@sadplaw.com ATTORNEY TO BE NOTICED

Jessica Hamman Meeder Murphy, Falcon and Murphy 1 South Street Suite 2300 Baltimore, MD 21202 410−539−6500 Fax: 410−539−6599 Email: jessica.meeder@murphyfalcon.com ATTORNEY TO BE NOTICED

Nicholas Adam Szokoly Murphy, Falcon & Murphy, P.A. One South Street Suite 2300 Baltimiore, MD 21202 410−951−8744 Fax: 410−539−6599 Email: nick.szokoly@murphyfalcon.com

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 2 of 13

ATTORNEY TO BE NOTICED

William H. Murphy , III Murphy & Falcon, P.A. One South Street Ste. 2300 Baltimore, MD 21202 410−951−8744 Fax: 410−539−6599 Email: hassan.murphy@murphyfalcon.com ATTORNEY TO BE NOTICED

Valdemar L. Washington 718 Beach Street P.O. Box 187 Flint, MI 48501−0187 810−407−6868 Fax: 810−265−7315 Email: Val@vlwlegal.com ATTORNEY TO BE NOTICED

Plaintiff
Edwin Anderson Pastor

represented by Nicholas Adam Szokoly (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan L. Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William H. Murphy , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Jessica Hamman Meeder (See above for address) ATTORNEY TO BE NOTICED

William H. Murphy , III (See above for address) ATTORNEY TO BE NOTICED

Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Allina Anderson Mrs.

represented by Nicholas Adam Szokoly (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Susan L. Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 3 of 13

William H. Murphy , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Jessica Hamman Meeder (See above for address) ATTORNEY TO BE NOTICED

William H. Murphy , III (See above for address) ATTORNEY TO BE NOTICED

Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Epco Sales, LLC

represented by Susan L. Burke (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

William H. Murphy , Jr. (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Jessica Hamman Meeder (See above for address) ATTORNEY TO BE NOTICED

Nicholas Adam Szokoly (See above for address) ATTORNEY TO BE NOTICED

William H. Murphy , III (See above for address) ATTORNEY TO BE NOTICED

Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

V.
Defendant
Darnell Earley Mr.

represented by Anthony K Chubb Giarmarco, Mullins & Horton, P.C. 101 W. Big Beaver Road 10th Floor Troy, MI 48084 248−457−7054 Fax: 248−457−7001 Email: achubb@gmhlaw.com

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 4 of 13

ATTORNEY TO BE NOTICED

David B. Roth Harvey Kruse, PC G−9460 S. Saginaw St., Suite A Grand Blanc, MI 48439 810−230−1000 Fax: 810−230−0844 Email: droth@harveykruse.com ATTORNEY TO BE NOTICED

William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114 Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED

Defendant Gerald Ambrose

represented by Anthony K Chubb (See above for address) ATTORNEY TO BE NOTICED

David B. Roth (See above for address) ATTORNEY TO BE NOTICED

William Young Kim (See above for address) ATTORNEY TO BE NOTICED

Defendant
Dayne Walling Mayor

represented by Anthony K Chubb (See above for address) ATTORNEY TO BE NOTICED

David B. Roth (See above for address) ATTORNEY TO BE NOTICED

William Young Kim (See above for address) ATTORNEY TO BE NOTICED

Defendant Flint, City of

represented by Anthony K Chubb (See above for address) ATTORNEY TO BE NOTICED

David B. Roth (See above for address) ATTORNEY TO BE NOTICED

Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313−225−7000 Fax: 313−225−7080 Email: bergf@butzel.com

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 5 of 13

ATTORNEY TO BE NOTICED

Joseph E. Richotte BUTZEL LONG, P.C. Stoneridge West 41000 Woodward Avenue Bloomfield Hills, MI 48304 (248) 258−1407 Fax: (248) 258−1349 Email: richotte@butzel.com ATTORNEY TO BE NOTICED

Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248−258−1414 Fax: 248−258−1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED

William Young Kim (See above for address) ATTORNEY TO BE NOTICED

Defendant State of Michigan

represented by Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED

Megen Elise Miller Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: MillerM59@michigan.gov ATTORNEY TO BE NOTICED

Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED

Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agricultural Division 525 West Ottawa Street 6th FLoor, G. Mennen Williams Building P.O. Box 30755 Lansing, MI 48909

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 6 of 13

517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED

Defendant State of MDEQ Michigan

represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED

Megen Elise Miller (See above for address) ATTORNEY TO BE NOTICED

Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED

Defendant State of DHHS Michigan

represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED

Megen Elise Miller (See above for address) ATTORNEY TO BE NOTICED

Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED

Defendant Richard Dale Snyder

represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED

Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED

Megen Elise Miller (See above for address) ATTORNEY TO BE NOTICED

Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 7 of 13

Email: mwitus@bsdd.com ATTORNEY TO BE NOTICED

Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED

Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED

Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED

Interested Party McAlpine PC

represented by Mark L. McAlpine McAlpine & McAlpine 3201 University Drive Suite 100 Auburn Hills, MI 48326−2361 248−373−3700 Email: mlmcalpine@mcalpinepc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Interested Party Cohen Milstein Sellers & Toll PLLC

represented by Jessica B. Weiner Cohen Milstein Sellers & Toll PLLC 1100 New York Ave., NW Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: jweiner@cohenmilstein.com ATTORNEY TO BE NOTICED

Interested Party Cohen Milstein Sellers & Toll PLLC

represented by Theodore J. Leopold Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 561−515−1400 Fax: 561−515−1401 Email: tleopold@cohenmilstein.com ATTORNEY TO BE NOTICED

Interested Party Michael Pitt

represented by Michael L. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: mpitt@pittlawpc.com ATTORNEY TO BE NOTICED

Case: 5:16-cv-10323 As of: 09/24/2019 05:00 PM EDT 8 of 13

Interested Party Elnora Carthan

represented by Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED

Date Filed 01/31/2016
01/31/2016 02/01/2016
02/01/2016 02/01/2016 02/01/2016 02/01/2016 02/01/2016 02/02/2016 02/08/2016 02/08/2016 02/08/2016 02/08/2016 02/18/2016 02/19/2016 02/23/2016 02/23/2016

# Docket Text
1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−5530640 − Fee: $ 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Saginaw. [Previously dismissed case: No] [Possible companion case(s): United States District Court Eastern District of Michigan Southern Division, 15−cv−14002, Judge John Corbett O'Meara] (Washington, Valdemar) (Entered: 01/31/2016)
2 NOTICE by All Plaintiffs Civil Cover Sheet (Washington, Valdemar) (Entered: 01/31/2016)
NOTICE of Error directed to: Valdemar L. Washington re 1 Complaint. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (DWor) (Entered: 02/01/2016)
3 SUMMONS Issued for *Gerald Ambrose, Darnell Earley, Flint, City of, State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Dayne Walling* (DWor) (Entered: 02/01/2016)
Addition of Parties to CM/ECF: Defendant Richard Dale Snyder. Reason: The party was not added to CM/ECF when e−filing 1 Complaint,, Plaintiff requests summons issued. (Washington, Valdemar) (Entered: 02/01/2016)
4 SUMMONS Issued for *Richard Dale Snyder* (DWor) (Entered: 02/01/2016)
5 ATTORNEY APPEARANCE: Susan L. Burke appearing on behalf of plaintiffs (DPer) (Entered: 02/01/2016)
6 NOTICE OF FAILURE TO COMPLY with Local Rule 5.1.1 issued to Attorney Susan L. Burke re 5 Attorney appearance. (DPer) (Entered: 02/01/2016)
7 ORDER REASSIGNING CASE from District Judge Paul D. Borman and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 02/02/2016)
8 WAIVER OF SERVICE Returned Executed. Flint, City of waiver sent on 2/8/2016, answer due 4/8/2016. (Washington, Valdemar) (Entered: 02/08/2016)
9 WAIVER OF SERVICE Returned Executed. Gerald Ambrose waiver sent on 2/8/2016, answer due 4/8/2016. (Washington, Valdemar) (Entered: 02/08/2016)
10 WAIVER OF SERVICE Returned Executed. Darnell Earley waiver sent on 2/8/2016, answer due 4/8/2016. (Washington, Valdemar) (Entered: 02/08/2016)
11 WAIVER OF SERVICE Returned Executed. Dayne Walling waiver sent on 2/8/2016, answer due 4/8/2016. (Washington, Valdemar) (Entered: 02/08/2016)
12 NOTICE of Appearance by Mark L. McAlpine on behalf of McAlpine PC. (McAlpine, Mark) (Entered: 02/18/2016)
13 AMENDED 12 Notice of Appearance by McAlpine PC (McAlpine, Mark) (Entered: 02/19/2016)
14 NOTICE of Appearance by Richard S. Kuhl on behalf of State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Kuhl, Richard) (Entered: 02/23/2016)
15 NOTICE by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder of Screening Device (Kuhl, Richard) (Entered: 02/23/2016)

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02/23/2016 02/24/2016
02/25/2016 02/26/2016 02/26/2016 02/26/2016 02/26/2016 03/01/2016 03/03/2016 03/03/2016 03/03/2016 03/03/2016 03/04/2016 03/09/2016 03/09/2016
03/10/2016 03/11/2016 03/14/2016 03/14/2016

16 NOTICE of Appearance by Margaret A. Bettenhausen on behalf of State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Bettenhausen, Margaret) (Entered: 02/23/2016)
17 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 12, # 12 Exhibit 13, # 13 Exhibit 14, # 14 Exhibit 15, # 15 Exhibit 16, # 16 Exhibit 17) (Burke, Susan) (Entered: 02/24/2016)
18 NOTICE OF HEARING on 17 MOTION for Preliminary Injunction . Response due by 3/9/2016 Reply due by 3/14/2016 Motion Hearing set for 3/17/2016 10:00 AM before District Judge John Corbett O'Meara (WBar) (Entered: 02/25/2016)
TEXT−ONLY CERTIFICATE OF SERVICE re 18 Notice of Hearing on Motion, on City of Flint, Attn: William Kim, at 1101 S. Saginaw Street, 3rd Floor, Flint, Michigan 48502. (WBar) (Entered: 02/26/2016)
19 NOTICE of Appearance by David B. Roth on behalf of Gerald Ambrose, Darnell Earley, Flint, City of, Dayne Walling. (Roth, David) (Entered: 02/26/2016)
20 NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Darnell Earley, Flint, City of, Dayne Walling. (Kim, William) (Entered: 02/26/2016)
21 NOTICE of Appearance by Anthony K Chubb on behalf of Gerald Ambrose, Darnell Earley, Flint, City of, Dayne Walling. (Chubb, Anthony) (Entered: 02/26/2016)
22 NOTICE by All Plaintiffs of Supplemental Filing (Attachments: # 1 Exhibit 2−1, # 2 Exhibit 2−2, # 3 Exhibit 2−3, # 4 Exhibit 11, # 5 Exhibit 18) (Burke, Susan) (Entered: 03/01/2016)
23 NOTICE of Appearance by Eugene Driker on behalf of Richard Dale Snyder. (Driker, Eugene) (Entered: 03/03/2016)
24 NOTICE of Appearance by Todd R. Mendel on behalf of Richard Dale Snyder. (Mendel, Todd) (Entered: 03/03/2016)
25 NOTICE of Appearance by Morley Witus on behalf of Richard Dale Snyder. (Witus, Morley) (Entered: 03/03/2016)
26 STIPULATION re 1 Complaint,, for Entry of Order Regarding Extension of Deadline to File Response to Complaint by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder (Kuhl, Richard) (Entered: 03/03/2016)
27 ORDER Extending Deadline to Respond to 1 Complaint; Responsive Pleading due by 4/8/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/04/2016)
28 RESPONSE to 17 MOTION for Preliminary Injunction filed by Flint, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit EAO, # 3 Exhibit Lundquist Affidavit) (Kim, William) (Entered: 03/09/2016)
29 RESPONSE to 17 MOTION for Preliminary Injunction Against City of Flint filed by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Bettenhausen, Margaret) (Entered: 03/09/2016)
30 ORDER to Submit Statement of Resolved/Unresolved Issues re 17 MOTION for Preliminary Injunction; Statement of Resolved/Unresolved Issues due by 3/15/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/10/2016)
31 NOTICE of Appearance by Nicholas Adam Szokoly on behalf of All Plaintiffs. (Szokoly, Nicholas) (Entered: 03/11/2016)
32 STIPULATION by All Plaintiffs (Attachments: # 1 Proposed Order) (Szokoly, Nicholas) (Entered: 03/14/2016)
TEXT−ONLY ORDER Granting 32 Stipulation for Extension of Time to File Reply in Support of 17 MOTION for Preliminary Injunction; Reply due by 3/15/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/14/2016)

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03/15/2016
03/15/2016
03/15/2016 03/15/2016
03/16/2016 03/16/2016 03/16/2016 03/16/2016 03/23/2016 03/28/2016
03/29/2016
04/04/2016 04/04/2016 04/04/2016 04/05/2016 04/06/2016 04/07/2016 04/08/2016

33 STATEMENT of Resolved and Unresolved Issues City of Flint and State Defendants' Proposed Joint Statement of Issues re 17 MOTION for Preliminary Injunction by Flint, City of, State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder (Bettenhausen, Margaret) (Entered: 03/15/2016)
34 REPLY to Response re 17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13) (Szokoly, Nicholas) (Entered: 03/15/2016)
35 REPLY to Response re 17 MOTION for Preliminary Injunction filed by All Plaintiffs. (Szokoly, Nicholas) (Entered: 03/15/2016)
36 DECLARATION by Plaintiffs' Submission of Joint Statement of Resolved and Unresolved Facts Pursuant to the Court's March 10, 2015 Order (Paper No. 30) filed by All Plaintiffs (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Szokoly, Nicholas) (Entered: 03/15/2016)
TEXT−ONLY NOTICE: Hearing on 3/17/16 is Cancelled re 18 Notice of Hearing on Motion (WBar) (Entered: 03/16/2016)
37 ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder (Gambill, Nathan) (Entered: 03/16/2016)
38 NOTICE TO APPEAR: Status Conference set for 3/23/2016 10:30 AM before District Judge John Corbett O'Meara (WBar) (Entered: 03/16/2016)
39 NOTICE of Appearance by Nicholas Adam Szokoly on behalf of All Plaintiffs. (Szokoly, Nicholas)[APPEARANCE IS FOR WILLIAM H. MURPHY, JR.] Modified on 3/16/2016 (DPer). (Entered: 03/16/2016)
Minute Entry for proceedings before District Judge John Corbett O'Meara: Status Conference held on 3/23/2016 (Court Reporter: Andrea Wabeke) (WBar) (Entered: 03/23/2016)
40 SUPPLEMENTAL BRIEF re 17 MOTION for Preliminary Injunction filed by Flint, City of. (Attachments: # 1 Index of Exhibits Supplemental Brief Exhibit Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Kim, William)[FILED BY ALL FLINT CITY DEFENDANTS] Modified on 3/29/2016 (DPer). (Entered: 03/28/2016)
41 SUPPLEMENTAL BRIEF re 17 MOTION for Preliminary Injunction State Defendants' Jurisdictional Arguments filed by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Bettenhausen, Margaret) (Entered: 03/29/2016)
42 REPLY to 40 Supplemental Brief, 41 Supplemental Brief, by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Szokoly, Nicholas) (Entered: 04/04/2016)
43 ATTORNEY APPEARANCE: Megen Elise Miller appearing on behalf of State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder (Miller, Megen) (Entered: 04/04/2016)
44 MOTION for Leave to File Excess Pages re Brief in Support of Motion to Dismiss by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Miller, Megen) (Entered: 04/04/2016)
TEXT−ONLY ORDER Granting 44 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/05/2016)
45 STIPULATED ORDER Extending Time for City Defendants to Respond to 1 Complaint; Responsive Pleading due by 4/18/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/06/2016)
46 REQUEST for Status Conference by All Plaintiffs. (Szokoly, Nicholas) (Entered: 04/07/2016)
47 MOTION to Dismiss by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Attachments: # 1 Exhibit Exhibit 1 − Pillar et al. v. SOM) (Miller, Megen) (Entered: 04/08/2016)

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04/12/2016 04/13/2016 04/18/2016 04/18/2016 04/18/2016 04/18/2016
04/18/2016 04/18/2016
04/19/2016 04/19/2016 05/13/2016 05/16/2016 02/24/2017
07/28/2017
09/21/2017
09/29/2017
10/19/2017 10/19/2017
10/20/2017 10/25/2017 10/27/2017

48 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/12/2016)
49 RESPONSE to 48 Notice (Other) of Motions to Consolidate by All Plaintiffs. (Szokoly, Nicholas) (Entered: 04/13/2016)
50 Ex Parte MOTION for Leave to File Excess Pages by Gerald Ambrose, Darnell Earley, Flint, City of, Dayne Walling. (Kim, William) (Entered: 04/18/2016)
51 NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 04/18/2016)
52 NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 04/18/2016)
53 REPLY to 42 Reply (Free), 41 Supplemental Brief, State Defendants' Reply to Plaintiffs' Omnibus Reply [sic Response] to Defendants' Supplemental Briefs Regarding Jurisdiction by State of DHHS Michigan, State of Michigan, State of MDEQ Michigan, Richard Dale Snyder. (Attachments: # 1 Exhibit Exhibit 1 − Unpublished Decision) (Kuhl, Richard) (Entered: 04/18/2016)
54 ATTORNEY APPEARANCE: Joseph E. Richotte appearing on behalf of Flint, City of (Richotte, Joseph) (Entered: 04/18/2016)
55 STIPULATION to Extend Deadline for Defendants to Respond to Plaintiffs' Complaint Pending Ruling on Unopposed Motion to File Excess Pages by Flint, City of (Richotte, Joseph) (Entered: 04/18/2016)
56 ORDER OF DISMISSAL, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/19/2016)
57 JUDGMENT, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/19/2016)
58 NOTICE OF APPEAL by All Plaintiffs. Receipt No: 0645−5692475 − Fee: $ 505 − Fee Status: Fee Paid. (Szokoly, Nicholas) (Entered: 05/13/2016)
59 Certificate of Service re 58 Notice of Appeal. (SOso) (Entered: 05/16/2016)
60 ORDER from U.S. Court of Appeals − Sixth Circuit re 58 Notice of Appeal filed by Epco Sales, LLC, Allina Anderson, Edwin Anderson, Beatrice Boler [Appeal Case Number 16−1684] (Ahmed, N) (Entered: 02/24/2017)
61 OPINION and JUDGMENT from U.S. Court of Appeals − Sixth Circuit re 58 Notice of Appeal filed by Epco Sales, LLC, Allina Anderson, Edwin Anderson, Beatrice Boler [Appeal Case Number 16−1684] (Ahmed, N) (Entered: 08/02/2017)
62 ORDER from U.S. Court of Appeals − Sixth Circuit re 58 Notice of Appeal filed by Epco Sales, LLC, Allina Anderson, Edwin Anderson, Beatrice Boler [Appeal Case Number 16−1684] (Krause, S) (Entered: 09/25/2017)
63 MANDATE from U.S. Court of Appeals − Sixth Circuit as to 61 Appeal Order/Opinion/Judgment [Appeal Case Number 16−1684] (Krause, S) (Entered: 09/29/2017)
64 ORDER REASSIGNING CASE from District Judge John Corbett O'Meara to District Judge Judith E. Levy. (SSch) (Entered: 10/19/2017)
65 ORDER Regarding Second Status Conference in All Flint Water Cases − (In−Person Status Conference set for 10/25/2017 at 2:00 PM before District Judge Judith E. Levy) in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/19/2017)
66 AGENDA for October 25, 2017 Status Conference. (SBur) (Entered: 10/20/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 10/25/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 10/25/2017)
67 ORDER Regarding Issues Discussed at the October 25, 2017 Status Conference − (In−Person Status Conference set for 11/15/2017 at 10:00 AM before District

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11/09/2017 11/15/2017 11/17/2017
12/07/2017 12/27/2017 01/09/2018
01/10/2018
01/11/2018 01/12/2018
01/17/2018 02/20/2018
02/20/2018 02/22/2018 02/27/2018 03/06/2018 03/06/2018

Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/27/2017)
68 AGENDA for November 15, 2017 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/15/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 11/15/2017)
69 ORDER Regarding Issues Discussed at the November 15, 2017 Status Conference − (In−Person Status Conference set for 1/4/2018 at 2:00 PM before District Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/17/2017)
Set Deadlines/Hearings: In−Person Status Conference reset for 1/11/2018 at 11:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 12/07/2017)
70 AGENDA for January 11, 2018 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/27/2017)
71 NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 − Entered by District Judge Judith E. Levy. (SBur) (Entered: 01/09/2018)
72 CORRECTED NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/10/2018)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 1/11/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 01/11/2018)
73 ORDER Regarding Matters Discussed at the January 11, 2018 Status Conference − (In−Person Status Conference set for 2/20/2018 at 11:00 AM before District Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/12/2018)
74 LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 12/20/2017. [Supreme Court Case Number: 17−989] [Court of Appeals Case Number: 16−1684/17−1144] (SKra) (Entered: 01/18/2018)
75 MOTION to Appoint Counsel by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Declaration of William H. Murphy III, # 3 Exhibit 2 − Declaration of Nicholas A. Szokoly, # 4 Exhibit 3 − Correspondence from Mr. Murphy to Mr. Pitt and Mr. Leopold, # 5 Exhibit 4 − Emails between Counsel for Boler Plaintiffs and Counsel for Waid Action, # 6 Exhibit 5 − Transcript from 1/11/18 Status Conference, # 7 Exhibit 6 − C.V. of William Murphy III, # 8 Exhibit 7 − C.V. of Nicholas A. Szokoly, # 9 Exhibit 8 − MFM Background and Notable Cases) (Szokoly, Nicholas) (Entered: 02/20/2018)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 2/20/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 02/20/2018)
76 NOTICE TO APPEAR: In−Person Status Conference set for 4/5/2018 at 11:00 AM before District Judge Judith E. Levy − in Courtroom 1. (SBur) (Entered: 02/22/2018)
Set Deadlines/Hearings: In−Person Status Conference reset for 4/16/2018 at 2:00 PM before District Judge Judith E. Levy. (SBur) (Entered: 02/27/2018)
77 RESPONSE to 75 MOTION to Appoint Counsel filed by Flint, City of. (Klein, Sheldon) (Entered: 03/06/2018)
78 RESPONSE to 75 MOTION to Appoint Counsel Exhibits A−C filed by Flint, City of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Klein, Sheldon) Modified on 3/7/2018 (DWor). [WRONG EVENT SELECTED] (Entered: 03/06/2018)

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03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/07/2018 03/08/2018 03/08/2018 03/19/2018 03/21/2018
04/16/2018 04/17/2018
04/17/2018

79 NOTICE of Appearance by Jessica Hamman Meeder on behalf of All Plaintiffs. (Meeder, Jessica) (Entered: 03/07/2018)
80 NOTICE of Appearance by William H. Murphy, III on behalf of All Plaintiffs. (Murphy, William) (Entered: 03/07/2018)
81 NOTICE of Appearance by Jessica B. Weiner on behalf of Cohen Milstein Sellers & Toll PLLC. (Weiner, Jessica) (Entered: 03/07/2018)
82 NOTICE of Appearance by Theodore J. Leopold on behalf of Cohen Milstein Sellers & Toll PLLC. (Leopold, Theodore) (Entered: 03/07/2018)
83 MOTION for Extension of Time to File Response/Reply as to 75 MOTION to Appoint Counsel Motion by Consolidated Class Plaintiffs by Cohen Milstein Sellers & Toll PLLC. (Weiner, Jessica) (Entered: 03/07/2018)
84 NOTICE of Appearance by Michael L. Pitt on behalf of Michael Pitt. (Pitt, Michael) (Entered: 03/08/2018)
85 ORDER Granting 83 Motion for Extension of Time to File Response/Reply re 75 MOTION to Appoint Counsel. Response due by 3/21/2018. Signed by District Judge Judith E. Levy. (SBur) (Entered: 03/08/2018)
86 LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 17−989] [Court of Appeals Case Number: 16−1684, 17−1144] (DWor) (Entered: 03/19/2018)
87 RESPONSE to 75 MOTION to Appoint Counsel filed by Elnora Carthan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Collins v. City of Flint and Vale v. City of Flint Op. and Order Granting Summ. Disposition, # 3 Exhibit 2 − Unpublished Cases) (Weiner, Jessica) (Entered: 03/21/2018)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 4/16/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 04/16/2018)
88 ORDER DENYING MOTION TO APPOINT INTERIM LEADCOUNSEL 75 , CONSOLIDATING CASE WITH CARTHAN V. SNYDER, CASE NO. 16−CV−10444, AND SETTING BRIEFING SCHEDULE FOR MOTION TO AMEND THE MASTER CLASS ACTION COMPLAINT. Signed by District Judge Judith E. Levy. (NAhm) (Entered: 04/17/2018)
89 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *4/17/2018*. Designated lead case number is *16−10444*. (NAhm) (Entered: 04/17/2018)

 
 2:15-cv-14002-JCO-MKM Doc # 1 Filed 11/13/15 Pg 1 of 30 Pg ID 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

Melisa Mays, individually and as next friend of three minor children, Michael Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, and Rhonda Kelso, individually and as next friend of one minor child, all on behalf of themselves and a class of all others similarly situated,

CLASS ACTION

Plaintiffs,

Case No. 15-

vs.

Hon.

Governor Rick Snyder, in his official capacity, and the

State of Michigan for prospective relief only; Daniel

Wyant, Liane Shekter Smith, Adam Rosenthal, Stephen

Busch, Patrick Cook, Michael Prysby, Bradley Wurfel all

in their individual capacities; Darnell Earley, Gerald

Ambrose, Dayne Walling, Howard Croft, Michael

Glasgow and Daugherty Johnson in their individual and

official capacities, and the City of Flint, a municipal

corporation, jointly and severally,

Defendants.

________________________________________________________________/

William Goodman P14173

Trachelle C. Young P63330

Julie H. Hurwitz P34720

Trachelle C Young & Associates

Goodman & Hurwitz, PC

PLLC

1394 E. Jefferson Ave.

2501 N Saginaw St

Detroit, MI 48207

Flint, MI 48505-4443

313-567-6170

810-239-6302

bgoodman@goodmanhurwitz.com

trachelleyoung@gmail.com

jhurwitz@goodmanhurwitz.com

Michael L. Pitt P24429 Cary S. McGehee P42318 Beth M. Rivers P36614 Pitt McGehee Palmer & Rivers, PC 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067 248-398-9800
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mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com _________________________________________________________________/
COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF MONEY DAMAGES AND JURY DEMAND
INTRODUCTORY STATEMENT 1. This class action is pursued on behalf of tens of thousands of residents (“Class”) of the City of Flint (“Flint”), who from April 25, 2014 to the present, have experienced and will continue to experience serious personal injury and property damage caused by Defendants’ deliberate decision to expose them to the extreme toxicity of water pumped from the Flint River into their homes, schools, hospitals, workplaces and public places. 2. Defendants, who are all state of Michigan (“State”) or Flint government employees, acting under the color of law, deliberately deprived Plaintiffs and the Plaintiff Class of the rights and guarantees secured by the 14th Amendment to the United States Constitution in that they deprived Plaintiffs of life, liberty and property without due process of law when they took from Plaintiffs safe drinking water and replaced it with what they knew to be a highly toxic alternative solely for fiscal purposes. 3. “For more than 18 months, state and local government officials ignored irrefutable evidence that the water pumped from the Flint River exposed the
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Plaintiffs and the Plaintiff Class to extreme toxicity, causing serious and dire injury and health hazards, and property damage to the Flint water users. These state and local officials, Defendants herein, regularly assured the Flint water users that the water supplied from the Flint River was being properly treated, monitored and tested and was safe to consume and use. Information obtained through the Freedom of Information Act establishes that many of these assurances were known to be false when uttered: state and local officials were not properly monitoring or sampling the Flint River water and delayed in notifying the public of serious safety and health risks in a knowing and deliberate effort to conceal the truth from those who were being poisoned. The deliberately false denials about the safety of the Flint River water was as deadly as it was arrogant.”
4. The massive personal and property injuries experienced by Plaintiffs and the Class, and the ensuing environmental disaster, reaches constitutional proportions because defendants, acting under the color of law, both created and increased the risk of prolonged serious and life threatening dangers to Plaintiffs and the Class where none existed before.
5. The state and local government officials, Defendants herein, who made the decision to replace safe water with an alternative that created toxic water, violated the constitutional rights of Plaintiffs and Plaintiff Class members by acting
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in a manner that shocks the conscience and was deliberately indifferent to the those constitutional rights, as well as to the health and well-being of the Plaintiffs.
JURISDICTION AND VENUE 6. This is a civil action brought pursuant to 42 U.S.C. § 1983 seeking injunctive and declaratory relief together with monetary damages against Defendants for violation of Fourteenth Amendment of the United States Constitution. 7. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, which authorizes federal courts to decide cases concerning federal questions; 28 U.S.C. § 1343(a)(3) and (4), which authorizes federal courts to hear civil rights cases; and 28 U.S.C. § 2201, the Declaratory Judgment Act. This Court has personal jurisdiction over Defendants named herein as public officials of the State of Michigan sued in their individual capacities and public officials, employees of the City of Flint sued in their official and individual capacities and the City of Flint for violations of plaintiffs’ constitutional rights. Similarly, the Court has jurisdiction over the Governor of the State of Michigan, in his official capacity, for prospective relief, exclusively. 8. Venue is proper in this Court as Defendants conduct their business in the Eastern District of Michigan.
PARTIES A. PLAINTIFFS
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9. Plaintiff representatives are citizens of the United States and at all relevant times were residents of Flint – individuals, home owners, parents and minors – who, since April 25, 2014, were and continue to be exposed to highly dangerous conditions created, caused and prolonged by Defendants’ deliberate decision to replace safe drinking water supplied by the City of Detroit’s water system with the extreme toxicity resulting from water pumped from the Flint River; and these Defendants continued failure to remediate these dangers notwithstanding their knowledge thereof. Plaintiffs bring this action on behalf of themselves and a Class of individuals who were injured in their persons or their property after April 25, 2014 because of their exposure to the toxic water pumped from the Flint Rivers.
B. DEFENDANTS 10. All individual Defendants are sued in their individual and/or official capacities as indicated below. 11. Defendant Rick Snyder is the Governor of the State of Michigan and is invested with executive power pursuant to Art. V, Section 1 of the Michigan Constitution. The Governor, is responsible for the management of state government for the health and welfare of its citizens and residents and is sued by plaintiffs and the Class in his official capacity exclusively for prospective equitable relief to correct the harm caused and prolonged by state government and to prevent future injury.
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12. Defendant State of Michigan operates its Department of Environmental Quality (“MDEQ”), which is responsible for overall management of the state department responsible for the environmental safety and health of Michigan citizens and residents. The State is sued because, acting through MDEQ, it made the final decision that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
13. Defendant Daniel Wyant (“Wyant”) currently is and at all relevant times was Director of MDEQ and is sued by Plaintiffs and the Plaintiff Class in his individual capacity because he was aware of and participated in the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
14. Liane Shekter Smith (“Smith”) was at all relevant times Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, holding that position until October 19, 2015 when she was removed because of “mistakes” in the manner in which the Flint water crisis was handled. Smith is individually liable because during her term, as Chief of Drinking Water for MDEQ, she approved of, and thereby participated in, the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
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15. Adam Rosenthal (“Rosenthal”) was at all relevant times a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. Rosenthal is individually liable because, as Water Quality Analyst for MDEQ, he approved of, and thereby participated in, the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
16. Stephen Busch (“Busch”) was at all relevant times District Supervisor assigned to the Lansing District Office of the MDEQ. Busch is individually liable because as District Office Supervisor of MDEQ he deliberately created, increased and prolonged the hazards by falsely reporting that anti-corrosive agents had been used to treat the highly corrosive Flint River water thereby enhancing the threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
17. Patrick Cook (“Cook”) was at all relevant times Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. Cook is individually liable because, as Water Treatment Specialist District of MDEQ, he approved of, and thereby participated in, the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
18. Michael Prysby (“Prysby”) was at all relevant times Engineer assigned to District 11 (Genesee County) of the MDEQ. Prysby is individually liable because
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as Engineer assigned to District 11 because he approved of, and thereby participated in, the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
19. Bradley Wurfel (“Wurfel) was at all relevant times was the Director of Communications for MDEQ. Wurfel is individually liable because as Director of Communications he was responsible for the deliberate misleading and inaccurate communications that increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
20. Darnell Earley (“Earley”) was the Emergency Manager appointed by the Governor on November 1, 2013 and served in this capacity until January 12, 2015. Earley is individually liable because during his term as Emergency Manager of Flint he deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
21. Gerald Ambrose (“Ambrose”) was the Emergency Manager appointed by the Governor on January 13, 2015 and served in this capacity until April 28, 2015. Ambrose is individually liable because during his term as Emergency Manager of Flint he deliberately increased and prolonged the hazards, threats and dangers that
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arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
22. Dayne Walling (“Walling”) was at all relevant times Mayor of Flint from August 4, 2009 until November 9, 2015 when he was unseated by Karen Weaver. Walling is individually liable because, as Mayor, he approved of, and thereby participated in, the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
23. Howard Croft (“Croft”) was at all relevant times Director of Public Works for the City of Flint. Croft is individually liable because as Director of Public Works, he approved of, and thereby participated in, the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
24. Michael Glasgow (“Glasgow”) was at all relevant times Utilities Administrator for the City of Flint. Glasgow is individually liable because as Utilities Administrator, he deliberately created, increased and prolonged the hazards of using Flint River water because he provided the MDEQ with misleading and inaccurate reports about the threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
25. Daugherty Johnson was at all relevant times the Utilities Administrator for the City of Flint. Johnson is individually liable because, as Utilities
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Administrator, he approved of, and thereby participated inthe decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
26. The City of Flint is a municipal corporation, so authorized by the laws of the State of Michigan that operates Department of Public Works and provides water to its residents and property owners as part of its responsibilities and services. The City of Flint is liable because, despite the protests of a number of elected and appointed officials within the organization, the municipal corporation itself, through its policy makers, deliberately created, increased and prolonged the hazards, threats and dangers that arose by replacing of safe drinking washing and bathing water with a highly toxic alternative.
STATEMENT OF FACTS REGARDING THE MAYS FAMILY 27. Plaintiff Melissa Mays, age 37, is married to plaintiff Michael Mays, age 40 and is mother and next friend of three minor children, ages 17, 12, and 11. 28. The Mays family at all relevant times lived in a single family home built around 1910 on Beecher Street in Flint. 29. Melissa and Michael Mays were the equitable owners of the home located on Beecher Street. 30. From April 18, 2014 until approximately September, 2014, members of the Mays family, unaware of the toxic nature of the tap water supplied by Flint,
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regularly used the water for drinking, cooking, washing, bathing and clothes washing.
31. In September, 2014 the Mays family, in response to an advisory to boil all drinking water coming from their taps, discontinued drinking or cooking with the water supplied by Flint. The family was led to believe that the water would still be safe for washing, bathing and clothes washing. The family continued to wash, bathe and wash clothing with the water until the summer of 2015 when the family became aware ofthe highly toxic and deleterious nature of the supplied water.
32. As a proximate result of Defendants actions, as set forth herein, members of the Mays family have experienced serious physical and emotional injury due to their exposure to the toxic water, including but not limited to:
a. High levels of lead and copper in their bloodstreams, brains, bones and other organs;
b. Skin lesions and hair loss; c. Chemical induced hypertension; d. Autoimmune disorder; e. Neurological disorders such as “brain fog”, seizure like
convulsions, vision loss, memory loss; f. Psychological disorders such as depression, chronic anxiety, post-
traumatic stress disorder and an inability to cope with normal stress. 33. Melissa and Michael Mays have experienced property damage in the nature of irreparably damaged service line pipes resulting from Flint’s use of Flint
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water without use of an anti-corrosive agent; as well, they have sustained substantial loss in the value of their property.
STATEMENT OF FACTS REGARDING THE PEMBERTON FAMILY 34. Keith John Pemberton and Jacqueline Pemberton are 67 and 66 years
old and live on Custer Street in Flint. 35. The Pembertons own the home on Custer Street. 36. As a proximate result of Defendants actions, as set forth herein, the
Pembertons have experienced property damage in the nature of irreparably damaged service line pipes resulting from Flint’s use of Flint water without use of an anticorrosive agent, as well as the substantial loss in the value of their property. They have experienced serious physical and emotional injury due to their exposure to the toxic water, including but not limited to:
a. High levels of lead and copper in their bloodstreams, brains, bones and other organs;
b. Skin lesions and hair loss; c. Neurological disorders such as “brain fog”, seizure like
convulsions, vision loss, memory loss; d. Chronic and acute abdominal and stomach discomfort; e. Psychological disorders such as depression, chronic anxiety and an
inability to cope with normal stress. STATEMENT OF FACTS REGARDING ELNORA CARTHAN
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37. Elnora Carthan is a 70 year old widow who lives alone at, a home she owns in Flint and where she has lived since 1976.
38. In April, 2014, after the actions of these Defendants caused her water to become highly toxic, when it had once been safe and nourishing, Ms. Carthan began to boil her water but also continued to cook with it and to wash and bathe with it.
39. Finally, in August, 2015, the opportunity arose for her to have her water tested for the presence of lead and other metals. This opportunity arose due to the efforts of Virginia Polytechnic Institute and State University (“Virginia Tech”), notwithstanding the continuous denials and roadblocks to such testing posed by these Defendants. As a result, she determined that the lead levels in her water vastly exceeded anything close to acceptable and were, in fact, extremely dangerous.
40. As a proximate result of Defendants actions, as set forth herein, Ms. Carthan has suffered property damage as well as a loss in the value of her property.
41. As a proximate result of Defendants actions, as set forth herein, Ms. Carthan has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to:
a. Skin lesions and dermatologic pathology; b. Neurological disorders, including but not limited to constant
exhaustion and memory loss; c. Chronic and acute respiratory disorders including, but not limited
to, chronic rhinitis; 13

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d. Psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder and an inability to cope with normal stress.
STATEMENT OF FACTS REGARDING THE KELSO FAMILY 42. Rhonda Kelso is a 52 year old woman who suffers from several disabilities, including the results of a stroke, spastic paraparesis and bi-polar disorder. She owns her home located in Flint. She and her family have lived in that home since 1993. 43. As a result of the toxicity in the water, these Defendants have caused massive damage to the water pipes in the Keslo home, causing extreme disruption, inconvenience, discomfort and emotional distress. 44. Ms. Kelso lives at the aforementioned home with her minor daughter “K.E.K.” who is 12 years old. K.E.K. is a special needs student in school and suffers from a number of disabilities including, but not limited to hearing impairment, cardiac problems, and developmental delays involving speech and language. 45. Both Rhonda Kelso and K.E.K. drank the toxic water from April, 2014 until the Autumn of 2014. They bathed, washed and cooked with the water until at least January, 2015. 46. As a proximate result of Defendants actions, as set forth herein, Ms. Kelso has suffered a loss in the value of her property.
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47. As a proximate result of Defendants actions, as set forth herein, Ms. Kelso has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to:
a. Skin lesions and dermatologic pathology, including hair loss; b. Chronic throat and respiratory disorders, including aggravation of
asthma;
c. Aggravation of the pre-existing conditions and disabilities, referenced above;
d. Psychological disorders such as depression, chronic anxiety, posttraumatic stress disorder and an inability to cope with normal stress, all due in part to the injuries and damage caused to her daughter K.E.K., as set forth below.
48. As a proximate result of Defendants actions, as set forth herein. K.E.K. has experienced serious physical and emotional injury due to her exposure to the toxic water, including but not limited to:
a. Heightened levels of lead in her blood; b. Inability to overcome her developmental disorders, particularly
speech and language development and, to some extent, a worsening of those disorders; c. Aggravation of the pre-existing conditions and disabilities, referenced above;
d. Psychological and emotional problems. STATEMENT OF FACTS REGARDING DEFENDANTS’ DECISION TO REPLACE SAFE DRINKING WATER WITH A TOXIC ALTERNATIVE
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49. From 1964 to 2014, Flint water users received their water from Lake Huron via the Detroit water system.
50. During this 50 year span, the Flint water users enjoyed safe, clean, fresh water in their homes, businesses, hospitals other places of public services.
51. In 2011, Flint government officials commissioned a study to determine if the Flint River could be safely used by the city as the primary source of drinking water for its more than 31,000 users.
52. According to recent media reports, the report stated that the water from the Flint River was highly corrosive and could not be used safely without an anticorrosive agent to prevent lead, copper and other heavy metals from leaching from lead, copper and iron based water lines.
53. According to recent media reports, in 2013, Flint government officials delivered to MDEQ the report that stated and warned that the Flint River water was highly corrosive and could not be used as a primary source of drinking water unless treated with anti-corrosive agents.
54. In March, 2013, the Flint City Council approved a resolution to secure future water service from a regional water authority known as the Karegnondi Water Authority (“KWA”) scheduled to become operational in 2016.
55. In April 2014, although safe water from Detroit remained available on a temporary basis until the KWA became operational two years later, Flint Emergency Manager at the time Defendant Earley ordered Flint to draw water from
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the Flint River, even though he knew that the water was highly corrosive and dangerous to people and property when distributed without proper anti-corrosive treatment.
56. According to recent media reports, defendants had been informed by the 2011 report that use of the Flint River water, without a proper anti-corrosive treatment, would create a condition dangerous to health and property.
57. Beginning in April 2014, Defendants were fully aware that the required and necessary anti-corrosive was not being used in during the distribution of Flint River water to Flint residents, families and home owners.
58. It has been estimated that the daily cost of the anti-corrosive agent would have been $60.
59. Flint water users, having enjoyed decades of safe, clean and fresh water via the Detroit water system, knew almost immediately after the switch to Flint River water that something was not right about this new water supply.
60. Within days after the switch, Defendants began receiving complaints from water users that the water was cloudy and foul in appearance, taste and odor.
61. During the next 8 months, Flint water users expressed their concerns about water quality in a multiple of ways including letters, emails and telephone calls to Flint and MDEQ officials, the media and through well publicized demonstrations on the streets of Flint.
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62. After 8 months of undertaking this failed “experiment,” the only reasonable response to the mounting complaints would have been to reconnect the Flint water system to the Detroit water system. Instead, Defendants ignored the protests, went into deliberate denial mode, offered ineffective solutions and continued to falsely reassure and insist that the water was safe even though they knew that the foul taste, odor and appearance probably was the result of using highly corrosive Flint River water, untreated with the proper anti-corrosive agents, which caused particulate lead to contaminate the water.
63. Beginning almost immediately after the Flint River became the primary source of water for the Flint users, the MDEQ and Flint officials were aware of elevated levels of Trihalomethanes (“TTHM”) in the water and that these levels were above the legal limit.
64. After about 7 months of elevated TTHM levels, Flint water users received a notice in January, 2015 from Flint stating that the water was not in compliance with the federal Safe Drinking Water Act because unlawful levels of TTHMs.
65. Within a few weeks of the issuance of the TTHM notice, Flint City Council members approached Emergency Manager Defendant Earley demanding that a reasonable response to the health risks would be that Flint should reconnect with Detroit water. Earley refused to act as requested by members of the City Council.
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66. At this same time, representatives of the Detroit water system expressed interest in re-establishing a relationship with Flint and offered to waive the $4 million re-connect fee in order re-establish the relationship. Defendant Earley rejected this initiative, and deliberately continued to mislead Flint residents to believe that their water was safe.
67. On January 20, 2015, citizen protests mounted, fueled in part by encouragement from environmental activist Erin Brockovich and her associate, water expert Bob Bowcock. These advocates offered advice and assistance to the protesting Flint water users who were now very concerned about the health risks they faced by this toxic water.
68. On January 13, 2015, Earley left his position as Emergency Manager and was replaced by Emergency Manager Ambrose. On January 29, 2015, Detroit Director of Water offered to Emergency Manager Ambrose another opportunity to protect Plaintiffs and the Plaintiff Class from known dangers and to use Detroit water. Notwithstanding Detroit’s overture, Emergency Manager Ambrose rejected this offer, and deliberately continued to mislead Flint residents to believe that their water was safe.
69. On February 17, 2015, Flint water users staged public demonstrations demanding that Flint re-connect with Detroit. Once again Ambrose refused to restore Detroit water for Flint water users and deliberately continued to endanger Plaintiffs and Plaintiff Class.
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70. In the meantime, and according to emails received via the Freedom of Information Act, the MDEQ (including named Defendants from that agency) knew that Flint residents were being exposed to particulate lead on a daily basis. Moreover, MDEQ representatives, including named Defendants, knew that inaccurate test results were providing false assurance to residents about the true lead levels in the water.
71. On March 25, 2015, Flint City Council voted to re-connect to Detroit’s water system. Ambrose rejected this vote and continued to refuse to re-connect the Flint system back to the Detroit water system.
72. In June of 2015, EPA representative Miquel Del Toral wrote a detailed memo outlining numerous dangerous problems with the water being pumped from the Flint River including unacceptable levels of lead. This report was shared with MDEQ defendants Shekter-Smith, Cook, Busch and Prysby.
73. During the spring and summer of 2015, Professor Marc Edwards (“Professor Edwards”) and other experts from Virginia Tech tested 277 drinking water samples and found that 10% of the samples had lead levels of 25 parts per billion (ppb), substantially in excess of the federal action level of 15 ppb.
74. Professor Edwards also determined that the Flint River water was 19 times more corrosive than the water pumped from Lake Huron by the Detroit water system.
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75. When Professor Edwards published the results of his studies, demands for the re-connecting to the Detroit water system started to be made to the Defendants. These demands came from national and regional public interest groups such as the ACLU of Michigan, the Natural Resources Defense Council and local public interest groups such as the Michigan Chapter of the National Conference Black Lawyers, NAACP-Michigan State Conference, Michigan Nurses Association, Democracy Defense League Water Task Force, Water You Fighting For, Concerned Pastors for Social Action, Coalition for Clean Water and other similar public interest groups.
76. At this time, public interest groups investigating the growing crisis noted that Flint did not have records of which user had or did not have lead service pipes or plumbing. Flint was required by Federal law to maintain these records so that Flint and the MDEQ could alter those users who were most at risk and that proper testing could be carried out. The absence of these required records was increasing the risk of harm to many Flint water users.
77. In addition, Dr. Mona Hanna-Attisha MD of Hurley Hospital demonstrated a dramatic and dangerous spike in elevated blood lead levels in a large cohort of Flint children corresponding with the time of exposure to the highly corrosive Flint River water. Her disturbing results were published in August of 2015.
78. Faced with overwhelming evidence that the water was unsafe to drink and a source of lead poisoning for the children of Flint and other vulnerable persons,
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Genesee County Health Officials, on October 1, 2015, issued a public health emergency advising Flint residents not to drink the tap water.
79. Although reconnecting to the Detroit water system was the only reasonable option to protect the health and safety of the Flint water users, and this option should have been exercised within weeks of the appearance of the foul water, Defendants deliberately chose not to do so. Instead, on October 2, 2015, state officials announced that the State would provide water filters to Flint water users in a useless effort to ameliorate the problem.
80. On October 8, 2015, Defendant Snyder recognized that he could no longer pretend that the water from the Flint River was safe. He finally ordered Flint to re-connect with the Detroit water system.
81. However, based on information and belief, due to the prolonged exposure of contaminated water without adequate anti-corrosive agents, Plaintiffs and Plaintiff Class members continue to be exposed to toxic water until such time that pipes and services lines that were damaged by corrosive water from the Flint River can be replaced.
CLASS ALLEGATIONS 82. This action is brought by the named Plaintiffs on behalf of individuals who from April 25, 2014 to present were exposed to toxic Flint water and experienced an injury to their person or property or who in the future will be so injured.
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83. The number of injured individuals who have been injured by exposure to toxic Flint water is in the tens of thousands. The number of class members is sufficiently numerous to make class action status the most practical method for Plaintiffs to secure redress for injuries sustained and class wide equitable relief.
84. There are questions of law and fact raised by the named Plaintiffs’ claims common to, and typical of, those raised by the Class they seek to represent.
85. The violations of law and resulting harms alleged by the named Plaintiffs are typical of the legal violations and harms suffered by all Class members.
86. Plaintiff Class representatives will fairly and adequately protect the interests of the Plaintiff class members. Plaintiffs’ counsel are unaware of any conflicts of interest between the class representatives and absent class members with respect to the matters at issue in this litigation; the class representatives will vigorously prosecute the suit on behalf of the Class; and the class representatives are represented by experienced counsel. Plaintiffs are represented by attorneys with substantial experience and expertise in complex and class action litigation involving personal and property damage.
87. Plaintiffs’ attorneys have identified and thoroughly investigated all claims in this action, and have committed sufficient resources to represent the Class.
88. The maintenance of the action as a class action will be superior to other available methods of adjudication and will promote the convenient administration of justice. Moreover, the prosecution of separate actions by individual members of the
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Class could result in inconsistent or varying adjudications with respect to individual members of the Class and/or one or more of the Defendants.
89. Defendants have acted or failed to act on grounds generally applicable to all Plaintiffs, necessitating declaratory and injunctive relief for the Class.
COUNT I-CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983 SUBSTANTIVE DUE PROCESS – STATE CREATED DANGER PLAINTIFFS V ALL DEFENDANTS 90. The due process clause of the 14th Amendment provides that the state
may not deprive a person of life, liberty or property without due process of law. 91. These Defendants deliberately withdrew water that was safe for
drinking, cooking, washing and bathing from Plaintiffs and the Plaintiff Class. They deliberately exposed Plaintiffs and the Plaintiff Class to dangerous, unsafe and untreated (or inadequately treated) Flint River water knowing that it could and would result in widespread permanent serious damage caused by the toxic water including the irreversible lead poisoning of children and other vulnerable persons. This conduct was culpable in the extreme.
92. Plaintiffs and Class Members were foreseeable victims of the decision to replace safe water with a toxic alternative.
93. The decisions and actions to deprive Plaintiffs and the Plaintiff Class of clean and healthy water and to replace that water with toxic, unhealthy and unsafe water constituted affirmative acts that caused and/or increased the risk of harm, both
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property damage, as well as physical and emotional injury, to Plaintiffs and Plaintiff Class.
94. At all times herein Defendants acted under color of law. 95. The unconstitutional acts of Earley and Ambrose as Emergency Managers executes a policy statement or decision officially adopted by the City of Flint. 96. As a direct and proximate result of the unconstitutional acts of Defendants as alleged in this complaint, Plaintiffs and Plaintiff Class members have experienced serious and in some cases life threatening and irreversible bodily injury; Plaintiffs and Plaintiff Class members have and will incur substantial economic losses in the nature of medical expenses, lost wages; Plaintiffs and Plaintiff Class members are entitled to an award of non-economic damages in the nature of pain and suffering, embarrassment, outrage, mental anguish, fear and mortification, and stress related physical symptoms such as sleepiness, gastro-intestinal discomfort, neuropathy and similar symptoms. 97. Plaintiffs and Plaintiff Class members have experienced property damage to the homes and places of business in the nature of lost property value and seek damages to remediate the permanent damage caused by the use of corrosive water without proper anti-corrosive treatment. 98. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages.
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COUNT II -CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983 SUBSTANTIVE DUE PROCESS – BODILY INTEGRITY PLAINTIFFS v ALL DEFENDANTS
99. The due process clause of the 14th Amendment includes an implied right to bodily integrity.
100. Defendants violated Plaintiffs’ and Plaintiff Class members’ right to bodily integrity, insofar as:
a. Defendants a duty to protect Plaintiffs and Plaintiff Class members from a foreseeable risk of harm from contaminated water;
b. Defendants knew of the serious medical risks associated with exposure to contaminated water;
c. Defendants failed to protect Plaintiffs and Plaintiff Class members from the known risks associated with exposure to contaminated water; and
d. Plaintiffs and Plaintiff Class members suffered bodily harm as a result of their exposure to contaminated water.
101. Defendants’ conduct in exposing Flint residents to toxic water was so egregious and so outrageous that it shocks the conscience. Defendants had time for deliberation in their decisions to expose Flint residents to toxic water, and their decision to do so was made with deliberate indifference to the serious medical risks.
102. As a direct and proximate result of the unconstitutional acts of Defendants as alleged in this complaint, Plaintiffs and Plaintiff Class members have
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experienced serious and in some cases life threatening and irreversible bodily injury; Plaintiffs and Plaintiff Class members have and will incur substantial economic losses in the nature of medical expenses, lost wages; Plaintiffs and Plaintiff Class members are entitled to an award of non-economic damages in the nature of pain and suffering, embarrassment, outrage, mental anguish, fear and mortification, and stress related physical symptoms such as sleepiness, gastro-intestinal discomfort, neuropathy and similar symptoms.
103. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Plaintiff Class members to an award of punitive damages.
RELIEF REQUESTED Accordingly, plaintiffs request the following relief from the court:
a. An order certifying this case as a Class Action; b. An order declaring the conduct of defendants
unconstitutional; c. An order of equitable relief to remediate the harm caused by
defendants unconstitutional conduct including repairs or property, establishment of as medical monitoring fund and appointing a monitor to oversee the water operations of Flint for a period of time deemed appropriate by the court; d. An order for an award of compensatory damages; e. An order for an award of punitive damages;
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f. An order for an award of actual reasonable attorney fees and litigation expenses;
g. An order for all such other relief the court deems equitable.

Dated: November 13, 2015

Respectfully submitted,
By:/s/ Michael L. Pitt P24429 Michael L. Pitt P24429 Cary S. McGehee P42318 Beth M. Rivers P36614 Pitt McGehee Palmer & Rivers, PC 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067 248-398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

Melisa Mays, individually and as next friend of three minor children, Michael Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, and Rhonda Kelso, individually and as next friend of one minor child, all on behalf of themselves and a class of all others similarly situated,

CLASS ACTION

Plaintiffs,

Case No. 15-

vs.

Hon.

Governor Rick Snyder, in his official capacity, and the

State of Michigan for prospective relief only; Daniel

Wyant, Liane Shekter Smith, Adam Rosenthal, Stephen

Busch, Patrick Cook, Michael Prysby, Bradley Wurfel all

in their individual capacities; Darnell Earley, Gerald

Ambrose, Dayne Walling, Howard Croft, Michael

Glasgow and Daugherty Johnson in their individual and

official capacities, and the City of Flint, a municipal

corporation, jointly and severally,

Defendants.

_________________________________________________________________/

William Goodman P14173

Trachelle C. Young P63330

Julie H. Hurwitz P34720 Goodman & Hurwitz, PC 1394 E. Jefferson Ave. Detroit, MI 48207 313-567-6170 bgoodman@goodmanhurwitz.com jhurwitz@goodmanhurwitz.com

Trachelle C Young & Associates PLLC 2501 N Saginaw St Flint, MI 48505-4443 810-239-6302 trachelleyoung@gmail.com

Michael L. Pitt P24429 Cary S. McGehee P42318 Beth M. Rivers P36614 Pitt McGehee Palmer & Rivers, PC 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067 248-398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com
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2:15-cv-14002-JCO-MKM Doc # 1 Filed 11/13/15 Pg 30 of 30 Pg ID 30
brivers@pittlawpc.com
__________________________________________________________________/ DEMAND FOR TRIAL BY JURY
Plaintiffs demand a trial by jury as to all those issues triable as of right.

Dated: November 13, 2015

Respectfully submitted,
By:/s/ Michael L. Pitt P24429 Michael L. Pitt P24429 Cary S. McGehee P42318 Beth M. Rivers P36614 Pitt McGehee Palmer & Rivers, PC 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067 248-398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com

30

 
 Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.1 Page 1 of 229

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

Melissa Mays, individually and as next friend of three minor children CM1, CM2 and CM3, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, individually and as next friend of one minor child KEK, Brandyn Carpenter, Jesse Carpenter and Kimberly Carpenter individually and next friends to their two minor children CC and JC, Adam Murphy and Christina Murphy individually and as next friend to their five minor children KDCM, SMM, CM, LAM, DMM, Michael Snyder, Personal Representative of the Estate of John Snyder, deceased, all on behalf of themselves and a class of all others similarly situated,

Case No. Hon.

Plaintiff,

GCCC No. 16-106112-CZ Hon. Richard B. Yuille

v.

Governor Rick Snyder, State of Michigan, Daniel Wyant, Bradley Wurfel, Patrick Cook, Michael Prysby, Andy Dillon, Liane Shekter Smith, Adam Rosenthal, Stephen Busch, Nancy Peeler, Robert Scott Jeff Wright, Edward Kurtz, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow and Daugherty Johnson, City of Flint, Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews & Newnam, Inc., Leo A. Daly Company, Rowe Professional Services Company, f/k/a Rowe Engineering, Inc., Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC,

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.2 Page 2 of 229
Veolia Environment, S.A., Jointly and Severally, Defendants.
NOTICE OF REMOVAL
TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
PLEASE TAKE NOTICE that, in accordance with 28 U.S.C. § 1441, et seq., Defendant Veolia Water North America Operating Services, LLC, Veolia North America, LLC, and Veolia North America, Inc. (collectively, the “VNA Entities”) hereby remove this action, Case No. 16-106112-CZ, Genesee County Circuit Court, State of Michigan, to the United States District Court for the Eastern District of Michigan on the ground that there is diversity jurisdiction under 28 U.S.C. § 1332. In support of removal, the VNA Entities state as follows:
PROCEDURAL BACKGROUND 1. On February 14, 2017, Plaintiff Melissa Mays and others filed a second amended complaint in the above-captioned action in the Genesee County Circuit Court, Case No. 16-106112-CZ, against many defendants hailing from several states. That complaint named, for the first time, the VNA Entities.
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2. In their complaint, Plaintiffs brings a putative class action seeking damages for harms allegedly stemming from lead in the drinking water supply of the City of Flint, Michigan. Plaintiffs seek to represent a class comprised of “all individuals and entities who from April 25, 2014 to present were exposed to toxic Flint water or who owned property within the City of Flint and experienced injuries and damages to their person or property.” Compl. ¶ 269. The complaint asserts thirteen separate causes of action and requests substantial damages. As 28 U.S.C. § 1446(a) requires, true and correct copies of the Complaint and Circuit Court Civil Case Cover Sheet are attached hereto as Exhibit 1.
3. The VNA Entities have not yet been served. Counsel for the VNA Entities received a copy of the summons and complaint from Plaintiffs by certified mail on February 27, 2017. This service was not effective service. See Mich. Comp. Laws § 2.105. The VNA Entities contacted Plaintiffs’ counsel and offered to accept service, but they did not receive any response. Because the VNA Entities have not yet been properly served, the 30-day time limit for removal under U.S.C. §1446(b)(1) has not yet begun to run. See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999) (time for removal runs from receipt of formal service of process). Thus, this notice is timely.
4. Before the complaint was amended to add the VNA Entities, other defendants had previously removed this action. The Court remanded. Those
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defendants did not address the basis for jurisdiction here, the Class Action Fairness Act (“CAFA”). Therefore, the Court did not address CAFA, either. See Order, Mays v. City of Flint, No. 5:16-cv-11519-JCO-MKM (E.D. Mich. Oct. 6, 2016), ECF No. 50. “Successive attempts at removal are permissible where the grounds for removal become apparent only later in the litigation.” Amoche v. Guarantee Trust Life Ins. Co., 556 F.3d 41, 53 (1st Cir. 2009); see also Judon v. Travelers Prop. Cas. Co. of Am., 773 F.3d 495, 509 (3d Cir. 2014) (holding in CAFA case that a defendant may “still re-remove the case to federal court if new facts are discovered that establish jurisdiction”); cf. Brierly v. Alusuisse Flexible Packaging Inc., 184 F.3d 527, 531-32 (6th Cir. 1999) (holding that earlier remand did not prevent later-served defendant from removing again and arguing points not raised in context of prior removal). The rule against successive removals applies only when a defendant presses the same grounds as before, effectively seeking to appeal the prior decisions. See, e.g., S.W.S. Erectors, Inc. v. Infax, Inc., 72 F.3d 489, 492 (5th Cir. 1996) (“As a general rule, once a case is remanded to state court, a defendant is precluded only from seeking a second removal on the same ground.” (emphasis in original)). Given the addition of the VNA Entities as defendants, and given the unaddressed issue of CAFA jurisdiction, the Court’s prior remand order does not bar this subsequent removal. New grounds are being raised, and the
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addition of more parties changes the factual circumstances relevant to removal and jurisdiction.
5. As an action that is removable under CAFA, the consent of the other defendants to this putative class action is not required. 1 See 28 U.S.C. § 1453(b) (providing that, in actions removed under CAFA, an action may be removed “without the consent of all defendants”). Further, the action can be removed regardless of the one-year time limit for removal found in 28 U.S.C. § 1446(c)(1). See 28 U.S.C. § 1453(b) (providing that “the 1-year limitation under section 1446(c)(1) shall not apply”).
6. Venue in the United States District Court for the Eastern District of Michigan is proper because Plaintiffs commenced this action in the Genesee County Circuit Court. See 28 U.S.C. §§ 102(a)(1) & 1441(a).
7. As 28 U.S.C. § 1446(d) requires, a copy of this Notice of Removal is being served on Plaintiffs and with the Clerk of the Genesee County Circuit Court.
8. By removing this action to this Court, the VNA Entities do not waive any defenses, objections, or motions available to them under either state or federal law, including (but not limited to) objections to the sufficiency of service.
1 The VNA Entities understand that Veolia Environnement, S.A. (“VE”), and perhaps other defendants, have not been served with process as of the date of this filing. This notice of removal is filed on behalf of the VNA Entities only, and not on behalf of VE or any other defendant.
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GROUNDS FOR REMOVAL 9. This Court has jurisdiction over this action under 28 U.S.C. § 1332(d), which extends diversity jurisdiction to large, interstate putative class actions like this one. In particular, CAFA expands federal courts’ diversity jurisdiction to embrace “class actions in which the matter in controversy exceeds $5 million, there is minimal diversity of citizenship, and the proposed class includes at least one hundred members.” In re Mortgage Elec. Registration Sys., Inc., 680 F.3d 849, 853 (6th Cir. 2012). 10. This putative class has at least 100 members. See 28 U.S.C. § 1332(d)(5)(B). It means to encompass a broad class of individuals and “entity” that resided in, owned property in, or rented property throughout the entire City of Flint over an almost three-year period. The Complaint itself alleges that the class comprises “tens of thousands of residents and other Flint water users,” Compl. ¶ 1, and the most recent census figures reflect a population in the City of Flint of more than 100,000. See United States Census, Quick Facts: Flint (City), Michigan (Aug. 1, 2016), http://www.census.gov/quickfacts/table/PST045215/2629000; see also, e.g., Phillips v. Severn Trent Envtl. Servs., Inc., No. CIV.A. 07-3889, 2007 WL 2757131, at *2 (E.D. La. Sept. 19, 2007) (looking to census figures to determine class size in action brought concerning contaminated tap water in
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particular community). These population figures fail to account for the additional “entities” that Plaintiffs mean to represent.
11. This action also meets CAFA’s $5 million amount-in-controversy requirement. “[A] defendant’s notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547, 554 (2014). And for purposes of CAFA’s amount-in-controversy requirement, the court must “aggregat[e] the claims of individual members of the proposed class.” Graiser v. Visionworks of Am., Inc., 819 F.3d 277, 282 (6th Cir. 2016). Here, plausible allegations of an amount in controversy over $5 million are easy to find, as Plaintiffs seek substantial sums, including damages tied to alleged personal injuries from lead and legionella exposure, Compl. ¶ 4, including, in at least some cases, damages stemming from alleged wrongful death, id. ¶¶ 308-316. Plaintiffs seek damages for pain and suffering, lost earning capacity, and more. They seek to recover all money paid to the City of Flint for water sold after April 25, 2014, id. ¶ 321, allege property damage to pipes and appliances, see, e.g., id. ¶ 368, and request damages for diminution in value of real property, id.. They demand “exemplary damages” that are actually punitive damages, as Plaintiffs intend them to “deter. id. ¶ 424; see also Hayes v. Equitable Energy Res. Co., 266 F.3d 560, 573 (6th Cir. 2001) (including punitive damages in the amount-in-controversy
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calculation). They bring no fewer than thirteen separate claims for these damages, while also pursuing (express) punitive damages, attorneys’ fees, and “disgorgement.” Id. 87. If these amounts were at least $50 per putative class member—as they would be if Plaintiffs’ claims were successful—then damages would exceed $5 million for the entire class.
12. Finally, minimal diversity exists here. CAFA requires only minimal diversity, and minimal diversity is met where “any member of a class of plaintiffs is a citizen of a State different from any defendant.” 28 U.S.C. § 1332(d)(2)(A); accord Kuns v. Ford Motor Co., 543 F. App’x 572, 575 n.1 (6th Cir. 2013). Named Plaintiffs here are Michigan citizens, Compl. ¶¶ 16, 19, 22, 26, 33, 39, as are (almost certainly) many members of the putative class. In contrast, Defendants include a Texas corporation (Lockwood, Andrews & Newnam, Inc.), id. ¶ 75, a Nebraska corporation (Leo A. Daly Company), id. ¶ 76, and Delaware companies, including the VNA Entities, id. ¶¶ 81-83.
13. There are certain exceptions to CAFA jurisdiction, but none of these exceptions apply here.2
2 The removing defendants are not required to establish that lack of applicable exceptions to CAFA jurisdiction on removal. See Meiman v. Kenton Cnty., Ky., No. 10–156–DLB, 2011 WL 350465, at *4 (E.D. Ky. 2011) (observing that the circuit courts have “uniformly concluded that after general CAFA jurisdiction has been established, the burden shifts to the party objecting to federal jurisdiction to show an exception” (internal quotation marks omitted)).
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14. The home-state exception, for instance, does not apply. This exception applies if “two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the state in which the action was originally filed.” 28 U.S.C. § 1332 (d)(4)(B). Certainly, many of the putative class members are Michigan citizens, but not all of the “primary defendants” are. All of the primary defendants must be Michigan citizens for the exception to apply.3 See Leonor v. Provident Life & Acc. Co., 790 F.3d 682, 691 (6th Cir. 2015) (noting that CAFA’s home-state exception “unambiguously refers to all primary defendants for contextual reasons”). Here, there are defendants from states such as Texas, Nebraska, and elsewhere.
15. CAFA’s discretionary exception also does not apply. Under that exception, a judge may remand based on certain factors premised on the “interests of justice and the totality of the circumstances.” 28 U.S.C. § 1332(d)(3). But that exception only applies when “greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate” are from Michigan. Id. Because the class is geographically tied to the City of Flint, that exception cannot apply here—as almost certainly more than two-thirds of the putative class are from this state.
3 A primary defendant includes “any defendant that is allegedly liable to the vast majority of the members of the proposed classes.” Manson v. GMAC Mortg., LLC, 602 F. Supp. 2d 289, 296 (D. Mass. 2009).
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16. Nor does the local controversy exception apply. This exception may be invoked only if four distinct requirements are met: (1) two-thirds of the class are citizens of the forum state; (2) at least one defendant from whom significant relief is sought and whose conduct forms a significant basis for the claims is from the home state; (3) the principal injuries occurred in the home state; and (4) “during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons.” 28 U.S.C. § 1332 (d)(4)(A).
17. At a minimum, the action does not satisfy the final requirement of the local controversy exception because other putative class actions involving these same defendants and same allegations have already been filed on behalf of this very same class. This Court is already familiar with most of them. See, e.g., Waid. v. Snyder, No. 5:16-cv-10444-JCO-MKM (E.D. Mich. filed Feb. 8, 2016); McIntosh v. State of Michigan, No. 5:16-cv-10571-JCO-MKM (E.D. Mich. filed Feb. 16, 2016); McMillian v. Snyder, No. 5:16-cv-10796-JCO-MKM (E.D. Mich. filed Mar. 7, 2016); Washington v. Snyder, No. 5:16-cv-11247-JCO-MKM (E.D. Mich. filed Apr. 5, 2016); Village Shores LLC v. Lockwood, Andrews & Newnam, P.C., No. 5:16-cv-14498-JEL-APP (E.D. Mich. filed Dec. 29, 2016); Lowery v. Lockwood, Andrews & Newnam, P.C., No. 4:17-cv-10343-AJT-RSW (E.D. Mich. filed Feb. 2, 2017); see also Mason v. Lockwood, Andrews, & Newnam, P.C., No.
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16-106150-NM (Genesee Cnty. Cir. Ct. filed Jan. 25, 2016); Davenport v. Lockwood, Andrews & Newnam, P.C., No. 16-107274-CZ (Genesee Cnty. Cir. Ct. filed July 6, 2016); Washington v. Snyder, No. 17-108488-NO (Genesee Cnty. Cir. Ct. filed Jan. 27, 2017). In fact, several of the named Plaintiffs in this action previously filed a putative class action against federal court against many of these same defendants. See Mays v. Lockwood, Andrews & Newnam, P.C., No. 5:16-cv11480-JCO-MKM (E.D. Mich. filed April 25, 2016).
18. The operative complaint here, Plaintiffs’ second amended complaint, was filed in this case well after all of these various actions. That complaint also added the VNA Entities as defendants for the first time. The filing of an amended complaint adding new defendants commences a new action for purposes of CAFA. See Hall v. State Farm Mut. Auto. Ins. Co., 215 F. App'x 423, 428 (6th Cir. 2007); accord Farina v. Nokia Inc., 625 F.3d 97, 113 (3d Cir. 2010); Braud v. Transport Service Co. of Ill., 445 F.3d 801, 805 (5th Cir. 2006); Schorsch v. Hewlett Packard Co., 417 F.3d 748, 749 (7th Cir. 2005). Thus, because there were several class actions asserting the same claims against the same defendants filed before February 14, 2017—the date that the second amended complaint was filed—the local controversy exception does not apply.
19. The VNA Entities acknowledge that this Court has already ruled in a similar case that this last requirement for the local controversy requirement had
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been met. See Order, Davenport v. Lockwood, Andrews, & Newnam, P.C., No. 5:16-cv-12875 (E.D. Mich. Nov. 1, 2016), ECF No. 28. The Sixth Circuit recently granted Veolia Water North America Operating Services, LLC’s application for leave to appeal in that decision, and an opinion from the Sixth Circuit is expected in the next two months. See Order, Davenport v. Lockwood, Andrews, & Newnam, P.C., No. 5:16-cv-12875 (E.D. Mich. Feb. 27, 2017), ECF No. 30.
20. In Davenport, the Court focused heavily on the perceived purposes of the statute and the Court’s observation that many Flint-water-related cases are in state court. But this case proves again that Flint-water-related class actions meet the requirements for CAFA jurisdiction in federal court, and many other Flintrelated cases are already filling the federal court docket. In other words, the center of activity for the class actions is here—not state court.
21. In any event, the statute’s language is plain. Congress broadly defined the phrase “class action” to “mean[] any civil action filed under rule 23 of the Federal Rules of Civil Procedure or similar State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representative persons as a class action.” 28 U.S.C. § 1332(d)(1)(B) (emphasis added). As the Sixth Circuit has recognized in other contexts, “[a]ny means any.” United States v. Winans, 748 F.3d 268, 272 (6th Cir. 2014) (interpreting an appeal waiver). Further, the statute expressly lists the very few class actions that aren’t included.
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See 28 U.S.C. § 1332(d)(5), (9). At the same time, “other” class actions are those that present the “same or similar factual allegations” against one or more of the same defendants. 28 U.S.C. § 1332(d)(4)(A)(ii).
22. In the face of plain language, the Court can ask only one question to resolve this aspect of the local-controversy question: whether any Flint-waterrelated class action had been filed against any defendant in this case. See, e.g., Dutcher v. Matheson, 840 F.3d 1183, 1190 (10th Cir. 2016) (finding that the local controversy exception did not apply because of a previously-filed class action based on plain language of the exception); Brown v. Saint–Gobain Performance Plastics Corp., No. 16-CV-242-JL, 2016 WL 6996136, at *4 (D.N.H. Nov. 30, 2016) (same). Obviously, there have been. Once that question is answered, the matter must end. See Kingdomware Techs., Inc. v. United States, 136 S. Ct. 1969, 1976, 195 L. Ed. 2d 334 (2016) (“If the statutory language is unambiguous and the statutory scheme is coherent and consistent—as is the case here—the inquiry ceases.” (internal quotation marks and alterations omitted)). Even if the result is arguably inconsistent with the statute’s “purpose,” that inconsistency does not change the result, as “it is not [the Court’s] task to assess the consequences of each approach and adopt the one that produces the least mischief.” Lewis v. City of Chicago, Ill., 560 U.S. 205, 217 (2010). Rather, “[i]t is ultimately the provisions
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of our laws rather than the principal concerns of our legislators by which we are governed.” Cooper Indus., Inc. v. Aviall Servs., Inc., 543 U.S. 157, 167 (2004).4
23. There may very well be other reasons why the local controversy
exception does not apply to this case. For instance, the exception can only apply
here if there is one Michigan defendant “whose alleged conduct forms a significant
basis for the claims asserted by the proposed plaintiff class.” 28 U.S.C. § 1332
(d)(4)(A)(i)(II)(bb). “[T]he significant basis provision effectively calls for
comparing the local defendant’s alleged conduct to the alleged conduct of all the
Defendants. … If the local defendant’s alleged conduct is a significant part of the
alleged conduct of all the Defendants, then the significant basis provision is
satisfied.” Kaufman v. Allstate New Jersey Ins. Co., 561 F.3d 144, 156 (3d Cir.
2009), cited with approval by Leonor, 790 F.3d at 691. But Plaintiffs’ muddled
treatment of the Michigan and non-Michigan defendants makes it difficult to say
whose conduct is really the focus of their claims. See, e.g., Evans v. Walter Indus.,
4 Vodenichar v. Halcon Energy Properties, Inc., 733 F.3d 497, 509 (3d Cir. 2013), says nothing different. There, a group of plaintiffs had filed a class action in federal court that they then dismissed. The same day they dismissed their first action, the same plaintiffs (with the same counsel) filed a new class action asserting the same claims in state court. In these circumstances, the Third Circuit agreed that second action was a “continuation of the first,” such that the first action would not be treated as an “other class action” for purposes of the exception. Id. But this case is not a “continuation” of any Flint-related class action that preceded it. Instead, this case and the other Flint putative class actions are separate “class actions filed by different members of the same class,” which even Vodenichar recognizes are the sort of actions that CAFA is meant to control. Id. at 508.
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Inc., 449 F.3d 1159, 1167 (11th Cir. 2006) (finding that local controversy exception did not apply where “plaintiffs’ evidence offer[ed] no insight into whether [the local defendant] played a significant role in the alleged contamination [forming the basis for plaintiffs’ claims], as opposed to a lesser role, or even a minimal role”). And if Plaintiffs were to argue that the local controversy exception applies, it would be Plaintiffs’ task to unwind the muddled pleading to identify a significantly involved defendant. See Meiman, 2011 WL 350465, at *4.
24. As for any of CAFA remaining exceptions and exclusions, they do not even require discussion because they so plainly do not apply.
25. In short, because all three of CAFA’s basic requirements are met, and because none of the exceptions apply, this Court has diversity jurisdiction over this case. In passing CAFA, “Congress’s obvious purpose” was “to allow defendants to defend large interstate class actions in federal court.” Freeman v. Blue Ridge Paper Prods., Inc., 551 F.3d 405, 407 (6th Cir. 2008). The case that Plaintiffs have brought here is just such an action, with thousands of putative class members seeking millions of dollars in damages from defendants scattered across the country. It is the archetypal CAFA case, and it belongs here.
26. The requirements of 28 U.S.C. § 1332 are satisfied in this case and the VNA Entities are entitled to remove this case to this Court based on diversity jurisdiction.
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WHEREFORE, having fulfilled the statutory requirements of removal, the VNA Entities respectfully remove this action from the Genesee County Circuit Court, where it is currently pending, to this Court.

Respectfully submitted,

CAMPBELL, CAMPBELL, EDWARDS & CONROY P.C.

BUSH SEYFERTH & PAIGE PLLC

By: /s/ James M. Campbell James M. Campbell John A. K. Grunert One Constitution Center, 3rd Floor Boston, MA 02129 (617) 241-3000 jmcampbell@campbell-trial-lawyers.com jgrunert@campbell-trial-lawyers.com

By: /s/ Cheryl A. Bush Cheryl A. Bush (P37031) Michael R. Williams (P79827) 3001 W. Big Beaver Rd. Suite 600 Troy, MI 48084 (248) 822-7800 bush@bsplaw.com williams@bsplaw.com

Dated: March 29, 2017

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Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.17 Page 17 of 229

CERTIFICATE OF SERVICE I hereby certify that on March 29, 2017, I caused to be electronically filed a

NOTICE OF REMOVAL with the Clerk of the Court using the Court’s CM/ECF

system. Copies were served upon:

Via E-File: Genesee County Circuit Court

Via US Mail:

William Goodman (P14173) Julie H. Hurwitz (P34 720) Kathryn Broner James (P71374) Goodman & Hurwitz, PC Attorneys for Plaintiffs 1394 E. Jefferson Ave. Detroit, MI 48207 (313) 567-6170 bgoodman@goodmanhurwitz.com jhurwitz@goodmanhurwitz.com kjames@goodmanhurwitz.com
Michael L. Pitt (P24429) Cary S. McGehee (P42318) Beth M. Rivers (P33614) Peggy Goldberg Pitt (P31407) Pitt McGehee Palmer & Rivers, PC Attorneys for Plaintiffs 117 W. Fourth Street, Suite 200 Royal Oak,MI48067 (248) 398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com ppitt@pittlawpc.com
Trachelle C. Young (P63330) Trachelle C Young & Associates PLLC

William Y. Kim (P76411) Assistant City Attorneys City of Flint Department of Law Attorneys for Natash a Henderson, Howard Croft, Michael Glasgow, and Daugherty Johnson 1101 S. Saginaw, 3rd Floor Flint, MI48502 (81 0)766-7146 wkim@cityoffiint.com
Charles E. Barbieri (P31793) Bruce A. Vande Vusse (P28547) Ray H. Littleton II (P69733) Allison M. Collins (P78849) Foster Swift Collins & Smith, P.C. Attorneys for Patrick Cook, Michael Prysby and Adam Rosenthal 313 S. Washington Square Lansing, MI 48933 ( 517) 371-8155 cbarbieri@fosterswift.com
Thaddeus E. Morgan (P47394) Fraser Trebilcock Davis & Dunlap PC Attorney for Liane Shekter Smith 124 W Allegan St., Suite 1000 Lansing, MI 48933-1736

17

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Attorneys for Plaintiffs 2501 N Saginaw St Flint, MI 48505-4443 (810) 239-6302 trachelleyoung@gmail.com
Deborah A. La Belle (P31595) Law Offices of Deborah A. La Belle Attorneys for Plaintiffs 221 N Main St. Suite 300 Ann Arbor, MI 48104-1166 (734) 996-5620 deblabelle@aol.com
Paul F. Novak (P39524) Gregory Stamatopoulos (P74199) Weitz & Luxenberg Attorneys for Plaintiffs 719 Griswold St, Suite 620 One Kennedy Square Detroit, MI 48226-3319 (313) 309-1760 pnovak@weitzlux.com gstamatopoulos@weitzlux.com
Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) Cynthia M. Lindsey & Associates Attorneys for Plaintiffs 8900 E. Jefferson Avenue, Suite 612 Detroit, MI 48214-2859 (248) 766-0797 cynthia@cmlindseylaw.com shermane@cmlindseylaw.com
Teresa Caine Bingman (P56807) The Law Offices Of Teresa A. Bingman, PLLC Attorneys for Plaintiff 1425 Ambassador Drive

(517) 482-5800 tmorg@fraserlawfirm.com
Michael J. Pattwell (P72419) Clark Hill PLC Attorney for Bradley Wurfel 212 E Grand River Ave Lansing, MI 48906-4328 (517) 318-3043 mpattwell@clarkhill.com
Philip A. Grashoff, Jr. (P14279) Kotz Sangster Wysocki PC Attorney for Stephen Busch 36700 Woodward Ave, Suite 202 Bloomfield Hills, MI 48304-0930 (248) 646-2073 pgrashoff@kotzsangster.com
Frederick A. Berg, Jr. (P38002) Sheldon H. Klein (P41 062) Butzel Long Attorney for City of Flint 150 W. Jefferson Avenue, Suite 100 Detroit MI 48226 (313) 225-7000 bergf@butzel.com kleinr@butzel.com
Brian McKeen P34123 McKEEN & ASSOCIATES, PC Attorneys for Plaintiffs 645 Griswold Street, Suite 4200 Detroit, Michigan 48226 (313) 961-4400 BjMcKeen@mckeenassociates.com
Krista A. Jackson (P66303) Kotz Sangster Wysocki PC Attorney for Stephen Busch

18

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Okemos, Michigan 48864 (877) 957-7077 tbingman@tbimnnanlaw.com
Alexander S. Rusek (P77581) White Law PLLC Attorney for Howard Croft 2549 Jolly Road, Suite 340 Okemos, MI 48864-3679 (517) 316-1195 alexrusek@whitelawpllc.com
Edwar Zeineh (P71923) Attorney for Daugherty Johnson Law Office of Edwar A. Zeineh 2800 East Grand River Avenue, Suite B Lansing, MI 48912-4336 (517) 292-7000 zeinehlaw@gmail.com

40 Pearl St NW Ste 400 Grand Rapids, MI 49503-3027 (616) 552-6400 kjackson@kotzsangter.com
Brett T. Meyer (P75711) O’Neill Wallace & Doyle PC Attorney for Michael Glasgow 300 Saint Andrews Road, Suite 302 Saginaw, MI 48638-5977 (989) 790-5977 bmeyer@owdpc.com
Barry A. Wolf (P40709) Attorney for Gerald Ambrose Law Office of Barry A. Wolf 503 South Saginaw Street, Suite 1410 Flint, MI 48502-1807 (810) 762-1084 inactive@zeekbeek.com

by placing the same in envelopes addressed as above and by causing said envelopes to be properly stamped and deposited in the mail receptacle maintained by the U.S. Government at 3001 W. Big Beaver Rd., Troy, MI.

/s/ Cheryl A. Bush Cheryl A. Bush (P37031) bush@bsplaw.com

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Exhibit 1

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STATE OF MICHIGAN GENESEE COUNTY CIRCUIT COURT

Melissa Mays, individually and as next friend of three minor children CM1, CM2 and CM3, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, individually and as next friend of one minor child KEK, Brandyn Carpenter, Jesse Carpenter and Kimberly Carpenter individually and next friends to their two minor children CC and JC, Adam Murphy and Christina Murphy individually and as next friend to their five minor children KDCM, SMM,CM, LAM, DMM, Michael Snyder, Personal Representative of the Estate of John Snyder, deceased, all on behalf of themselves and a class of all others similarly situated,

CLASS ACTION Case No. 16-106112-CZ Hon. Richard Yuille

Plaintiffs, vs.

Governor Rick Snyder, State of Michigan, Daniel Wyant, Bradley Wurfel, Patrick Cook, Michael Prysby, Andy Dillon, Liane Shekter Smith, Adam Rosenthal, Stephen Busch, Nancy Peeler, Robert Scott Jeff Wright, Edward Kurtz, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow and Daugherty Johnson, City of Flint, Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews & Newnam, Inc., Leo A. Daly Company, Rowe Professional Services Company, f/k/a Rowe Engineering, Inc., Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC, Veolia Environment, S.A.,

Jointly and Severally,

Defendants.

--------------------------------------------------------------~/

William Goodman (P14173)

William Y.Kim(P76411)

Julie H. Hurwitz (P34720)

Assistant City Attorneys

Kathryn Broner James (P71374)

City ofFlint Department ofLaw

Goodman & Hurwitz, PC

Attorneysfor Natasha Henderson, Howard Croft,

Attorneysfor Plaintiffs

Michael Glasgow, and Daugherty Johnson

1394 E. Jefferson Ave. Detroit, MI 48207 (313) 567-6170 bgoodman@goodmanhurwitz.com

1101 S. Saginaw, 3rd Floor Flint, MI48502 (81 0)766-7146 wkim@cityoffiint.com

jhurwitz@goodmanhurwitz.com kjames@goodmanhurwitz.com

Charles E. Barbieri (P31793) Bruce A. Vande Vusse (P28547)

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.22 Page 22 of 229

Michael L. Pitt (P24429) Cary S. McGehee (P42318) Beth M. Rivers (P33614) Peggy Goldberg Pitt (P31407) Pitt McGehee Palmer & Rivers, PC Attorneysfor Plaintiffs 117 W. Fourth Street, Suite 200 Royal0ak,MI48067 (248) 398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com ppitt@pittlawpc.com
Trachelle C. Young (P63330) Trachelle C Young & Associates PLLC Attorneysfor Plaintiffs 2501 N Saginaw St Flint, MI 48505-4443 (81 0) 239-6302 trachelleyoung@gmail.com
Deborah A. La Belle (P31595) Law Offices of Deborah A. La Belle Attorneysfor Plaintiffs 221 N Main St. Suite 300 Ann Arbor, MI 48104-1166 (734) 996-5620 deblabelle@aol.com
Paul F. Novak (P39524) Gregory Stamatopoulos (P74199) Weitz & Luxenberg Attorneysfor Plaintiffs 719 Griswold St, Suite 620 One Kennedy Square Detroit, MI 48226-3319 (313) 309-1760 pnovak@weitzlux.com gstamatopoulos@weitzlux.com
Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) Cynthia M. Lindsey & Associates, PLLC Attorneysfor Plaintiffs

Ray H. Littleton II (P69733) Allison M. Collins (P78849) Foster Swift Collins & Smith, P.C. Attorneysfor Patrick Cook, Michael Prysby and Adam Rosenthal 313 S. Washington Square Lansing, MI 48933 (517) 371-8155 cbarbieri@fosterswift.com
Thaddeus E. Morgan (P47394) Fraser Trebilcock Davis & Dunlap PC Attorneyfor Liane Shekter Smith 124 W Allegan St., Suite 1000 Lansing, MI 48933-1736 (517) 482-5800 tmorg@fraserlawfirm.com
Michael J. Pattwell (P72419) Clark Hill PLC Attorney for Bradley Wurfel 212 E Grand River Ave Lansing, MI 48906-4328 (517) 318-3043 mpattwell@clarkhill.com
Philip A. Grashoff, Jr. (P14279) Kotz Sangster Wysocki PC Attorney for Stephen Busch 36700 Woodward Ave, Suite 202 Bloomfield Hills, MI 48304-0930 (248) 646-2073 pgrashoff@kotzsangster.com
Frederick A. Berg, Jr. (P38002) Sheldon H. Klein (P41 062) Butzel Long Attorney for City ofFlint 150 W. Jefferson Avenue, Suite 100 Detroit MI 48226 (313) 225-7000 bergf@butzel.com kleinr@butze l.com
Brian McKeen P34123 McKEEN & ASSOCIATES, PC
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.·...~
8900 E. Jefferson Avenue, Suite 612 Detroit, MI 48214-2859 (248) 766-0797 cynthia@cmlindseylaw .com shermane@cmlindseylaw .com

Attorneysfor Plaintiffs 645 Griswold Street, Suite 4200 Detroit, Michigan 48226 Telephone: (313) 961-4400 BjMcKeen@mckeenassociates.com

Teresa Caine Bingman (P56807) The Law Offices Of Teresa A. Bingman, PLLC Attorneysfor Plaintiff 1425 Ambassador Drive Okemos, Michigan 48864 (877) 957-7077 tbingman@tbimnnanlaw.com

--------------------------------------------------------------~/

PLAINTIFFS' SECOND AMENDED COMPLAINT ffiTRODUCTORYSTATEMENT
1. This class action is pursued on behalf of tens of thousands of residents and other Flint water users- adults, children, business owners, homeowners, workers, students, and all other victims of Defendants' unlawful conduct- who from April 25, 2014 to the present (the "Class Period"), have experienced and will continue to experience serious personal injury and property damage caused by the public health emergency known worldwide as the "Flint Water Crisis." This crisis was caused by Government Defendants' 1 gross negligence, race discrimination and intentional misconduct in violation of Michigan Common Law and the anti-discrimination provisions of Article 3 (Public Service) of the Elliot Larsen Civil Rights Act "(ELCRA"). MCL 37.230l(b) and 37.2302(a).

1 Governor Rick Snyder, State of Michigan, Daniel Wyant, Bradley Wurfel, Patrick Cook, Michael Prysby Andy Dillon, Liane Shekter Smith, Adam Rosenthal, Stephen Busch, Nancy Peeler, Robert Scott Jeff Wright, Edward Kurtz, Darnell Farley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow, Daugherty Johnson and City of Flint.
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2. The Engineering Defendants2 were professionally negligent in failing to administer properly the distribution of water from the Flint River using the Flint Water Treatment Plant ("FWTP"), and in failing to report the dangers associated with not installing proper anti-corrosive treatment when using the Flint River as a primary source of water.
3. By assuming responsibility for the administration of placing the FWTP into operation using the Flint River as a primary source and/or for evaluating the Flint water system for public safety, the Engineering Defendants assumed the responsibility to satisfy the standard of a reasonable engineer, and thoroughly failed to meet even the most basic standard of care. As a result, the acidic and corrosive water that the Engineering Defendants caused or allowed to flow through Flint's pipes and appliances has irreparably damaged residents' and businesses' pipes and appliances, created a permanent risk to human health if not remediated in the homes and businesses of the residents, and damaged and stigmatized their properties, which has resulted in a reduction in property values. Despite Flint having switched back to its prior water source, pipes and appliances in residents' homes and local commercial properties remain corroded and contaminated with lead and legionella.
4. The Engineering Defendants were professionally negligent in failing to properly evaluate Flint's water system and in publicly declaring its water safe and potable. The Engineering Defendants failed to conduct a root cause analysis which would have revealed that the pipes were corroding and causing lead and legionella to enter the resident's homes. The Engineering Defendants also failed to mention that the addition of a corrosion inhibitor was necessary to
2 Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews & Newnam, Inc., Leo A. Daly Company, Rowe Professional Services Company f/k/a Rowe Engineering, Inc., Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC, Veolia Environment, S.A.
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prevent these serious and well known health issues, failed to advise against and even mandated the usage of highly acidic ferric chloride, and failed to treat or even mention the acidification of the water supply caused by the decay of biotic mater in the water treatment system
5. The profound and enduring injuries alleged in this Class Action Complaint were proximately caused by the Engineering and Government Defendants.
JURISDICTION, PARTIES AND VENUE 6. Plaintiff Class Representatives and almost all Class Members are residents of Genesee County. 7. All Defendants reside or conduct substantial business in Genesee County. 8. All of the events in controversy occurred in Genesee County. 9. The amount in controversy exceeds $25,000. 10. This Court has personal jurisdiction over all Defendants. 11. Venue is proper in this Court as Defendants reside or conduct their business in this County. MCL 37.2801(2). 12. This Court has personal jurisdiction over the Engineering Defendants as the wrongful conduct of each as alleged in this lawsuit occurred in the City of Flint, County of Genesee, and State ofMichigan. As such, this Court has personal jurisdiction over the Engineering Defendants pursuant to MCL 600.705 and MCL 600.715. 13. Venue is proper in this Court because the original injury and damage occurred in Genesee County, Defendants reside or conduct business in Genesee County, Plaintiffs reside in Genesee County and/or own property located in Genesee County that was damaged, and many of the occurrences described herein occurred in Genesee County.
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STATEMENT OF FACTS REGARDING MAYS FAMILY 14. PlaintiffMelissa Mays, age 37, is married to PlaintiffMichael Mays, age 40 and is mother and next friend of three minor children, ages 17, 12, and 11. 15. The Mays family at all relevant times lived in a single family home built around 191 0 on Beecher Street in Flint. 16. Plaintiffs Melissa and Michael Mays were the equitable owners ofthe home located on Beecher Street. 17. During the relevant time period, members of the Mays family, unaware of the nature and extent of the toxicity of the water supplied as a result of the efforts of the Defendants, regularly used the water for drinking, cooking, washing, bathing and clothes washing, in varying extent and levels, for these different purposes. 18. As a proximate result of Defendants' deliberately indifferent actions, as set forth herein, members of the Mays family have experienced serious physical and emotional injury as well as injury to their property.
STATEMENT OF FACTS REGARDING THE PEMBERTON FAMILY 19. Plaintiffs Keith John Pemberton and Jacqueline Pemberton are 67 and 66 years old, respectively, and live on Custer Street in Flint, in a home they own. 20. During the relevant time period, unaware ofthe nature and extent of the toxicity of the water supplied as a result of the efforts of the Defendants, the Pembertons regularly used the water for drinking, cooking, washing, bathing and clothes washing, in varying extent and levels, for these different purposes.
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21. As a further proximate result of Defendants' deliberately indifferent actions, as set forth herein, Plaintiffs Keith and Jacqueline Pemberton have experienced serious physical and emotional injury as well as injury to their property.
STATEMENT OF FACTS REGARDING ELNORA CARTHAN 22. PlaintiffElnora Carthan is a 70 year old widow who lives alone in a home she owns in Flint and where she has lived since 1976. 23. During the relevant time period, unaware of the nature and extent of the toxicity of the water supplied as a result ofthe efforts ofthe Defendants, Ms. Carthan regularly used the water for drinking, cooking, washing, bathing and clothes washing, in varying extent and levels, for these different purposes. 24. Finally, in August, 2015, the opportunity arose for her to have her water tested for the presence of lead and other metals, due to the efforts ofVirginia Polytechnic Institute and State University ("Virginia Tech"). As a result of the testing, notwithstanding the continuous denials and roadblocks to such testing posed by Defendants herein, she learned that the lead levels in her water vastly exceeded the maximum levels allowed under standards set forth by the federal Environmental Protection Agency ("EPA"), and were, in fact, extremely dangerous. 25. As a proximate result of Defendants deliberately indifferent actions, as set forth herein, Ms. Carthan has experienced serious physical and emotional injury as well as injury to their property.
STATEMENT OF FACTS REGARDING THE KELSO FAMILY 26. PlaintiffRhonda Kelso is a 52 year old woman who owns her home located in Flint, in which she and her family have lived since 1993.
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27. Plaintiff Ms. Kelso lives at the aforementioned home with her minor daughter "KEK,"During the relevant time period, unaware of the nature and extent of the toxicity of the water supplied as a result of the efforts of the Defendants, Ms. Kelso and her daughter regularly used the water for drinking, cooking, washing, bathing and clothes washing, in varying extent and levels, for these different purposes.
28. As a proximate result of Defendants' deliberately indifferent actions, as set forth herein, Ms. Kelso has also experienced serious physical and emotional injury as well as injury to her property.
STATEMENT OF FACTS REGARDING CARPENTER FAMILY 29. Plaintiff Jesse Carpenter, age 47, is married to Kimberly Carpenter, age 44, and is the father and next friend of two minor children, CC, (DOB 12//99), and JC., (DOB 2/03). 30. Plaintiff Brandyn Carpenter, (DOB 1//98), is the adult child of Plaintiff Jesse Carpenter. 31. From 1997 until October 2015, PlaintiffJesse Carpenter was a full-time Flint Police Officer. 32. From 2009 until October 2015, in his capacity as a Flint Police Officer, Plaintiff Jesse Carpenter's full-time assignment was as the Director ofthe Police Athletic League, (P.A.L.), housed in the Haskell Community Center in Flint. 33. Although the Carpenter family resided in Flint Township, at all times relevant hereto, Plaintiff Jesse Carpenter was exposed to the toxic water in Flint on a daily basis, as a result of his job as Director of the Flint Police Department P.A.L. program.
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:::-·
34. After the switch of the water source to the Flint River, Plaintiff Jesse Carpenter started noticing discoloration in the water fountain and kitchen at the Haskell Community Center, but he and the others there were told that it was safe and that they should just flush the water.
35. During the relevant time period, Jesse Carpenter, unaware of the nature and extent of the toxicity of the water caused by the Defendants' conduct, as part of his job responsibilities running athletic programs for children through the Police Athletic League, not least of which was the importance of hydrating and cleaning oneself when engaged in rigorous athletic activities, regularly used the water as follows:
a. Drinking from the water fountain; b. Cooking meals for himself and the kids; c. Washing hands and face several times throughout the day. Throughout the relevant time period, Plaintiff's three minor children and Brandyn were also exposed to the Flint water through their individual involvements with the Flint Police Department P.A.L. 36. As a proximate result of Defendants' deliberately indifferent actions, as set forth herein, Mr. Carpenter and his children have experienced serious physical and emotional injury.
MURPHY FAMILY ALLEGATIONS 37. Plaintiff Adam Murphy, age 37, is married to Plaintiff Christina Murphy, age 36, and between them they are the parents of five (5) minor children, to wit:
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(a) KM, age 10, to whom PlaintiffAdam Murphy is the father and Next Friend; (b) S MM, age 10, to whom Plaintiff Christina Murphy is the mother and Next
Friend; (c) CM, age 8, to whom Plaintiffs Christina and Adam Murphy are the parents
and Adam is Next Friend; (d) LAM, age 3, to whom Plaintiffs Christina and Adam Murphy are the parents
and Adam is Next Friend; (e) DMM, age 11 months, to whom Plaintiffs Christina and Adam Murphy are
the parents and Adam is Next Friend. 38. Since April2014, all of the Murphy children have had elevated blood lead levels. 39. The Murphy family at all relevant times lived in a single family home built in approximately 1923, on East Wellington Avenue in Flint, of which they are the equitable owners, purchasing the property on a land contract. 40. During the relevant time period, the Murphy family and their pet dogs, unaware of the nature and extent of the toxicity of the water, regularly used the water for drinking, cooking, washing, bathing, clothes washing, and for their three pet dogs, "Copper," "Duke" and "Sweetie," 41. As a proximate result of Defendants' deliberately indifferent actions, as set forth herein, the Murphy family and their dogs, have experienced serious physical and/or emotional injury as well as injury to their property. STATEMENT OF FACTS REGARDING THE ESTATE OF JOHN SNYDER 42. John Snyder ("Snyder"), born in July 1931, died at the age of83 on June 30,2015 while at McLaren Hospital in Flint.
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43. Michael Snyder, son ofthe decedent, was appointed Personal Representative ofthe Estate of John Snyder by a Genesee County Probate Court Judge on August 15,2015.
44. On June 16, 2015, Snyder was admitted to McLaren Hospital because of right shoulder swelling. He was discharged on June 25th to the home ofhis daughter Mary-Anne Tribble. Ms. Tribble's home is located on Secluded Lane, Flint.
45. On June 27th, Snyder was transported by ambulance from his daughter's home to the Linden, Michigan Caretel Inns for assisted living care. Snyder went to Caretel because his health was deteriorating.
46. At approximately 3:45AM on June 30, 2015, Snyder was taken by ambulance from Caretel to the emergency room at McLaren in Flint because of acute respiratory failure "most likely secondary due to healthcare-associated pneumonia".
47. By 6:15PM on June 30th, Snyder had expired. 48. McLaren Hospital records establish that Snyder had the legionella antigen in his unne. 49. Snyder died because ofpneumonia caused by exposure to legionella bacteria which he acquired through exposure to contaminated Flint River water flowing through Flint's water supply. 50. Snyder was survived by daughter Mary-Anne Tribble (DOB: July, 1951 ), son Michael Snyder (DOB: May, 1950) son John Snyder(DOB: August, 1952) and six grandchildren. 51. Defendants wrongful conduct as alleged in the Second Amended Complaint caused the death of Snyder and the Estate of John Snyder and his survivors seek compensation for lost earnings and other economic losses such as funeral expenses and uninsured medical expenses; pain
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and suffering ofthe decent prior to his death, mortification, loss of society and companionship and other damages flowing from Snyder's wrongful death.
GOVERNMENTAL DEFENDANTS 52. Defendant Rick Snyder is the Governor of the State of Michigan ("Governor") and was personally involved in many of the key decisions which caused this public health crisis. Among other activities, the State and Governor aided and abetted other government defendants in the racially discriminatory practice of providing unsafe water to the predominately AfricanAmerican and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community. 53. Defendant State of Michigan ("the State") operates its Department of Environmental Quality ("MDEQ"), which is the state department primarily responsible for the environmental safety and health of Michigan citizens and residents. Among other activities, the State aided and abetted other government defendants in the racially discriminatory practice of providing unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community. 54. Daniel Wyant ("Wyant") was DirectorofMDEQ from 2011 to December 29,2015 the date of his resignation and apology for mishandling the Flint water crisis. Among other activities, the State and Wyant aided and abetted other government defendants in the racially discriminatory practice ofproviding unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
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55. Andy Dillon ("Dillon) was Treasurer for the State of Michigan from January, 2011 to October 13, 2013. Among other activities, the State and Dillon aided and abetted other government defendants in the racially discriminatory practice of providing unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
56. Liane Shekter Smith e'Smith") was Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, holding that position until October 19, 2015 when she was removed from her position because of her mishandling of the Flint water crisis. Smith is sued for her gross negligence and intentional misconduct because during her term as Chief of Drinking Water for MDEQ, she approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm her department caused Plaintiffs.
57. Adam Rosenthal (''Rosenthal") was a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. Rosenthal is sued for his gross negligence and intentional misconduct because during his term as a supervisor of the Lansing District Office, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
58. Stephen Busch ("Busch") was District Supervisor assigned to District Office. Busch is sued for his gross negligence and intentional misconduct because during his term as a supervisor of the District Office, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
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59. Patrick Cook ("Cook") was at all relevant times a Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. Cook is sued for his gross negligence and intentional misconduct because during his term as Water Treatment Specialist, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
60. Michael Prysby ("Prysby") was an Engineer assigned to District 11 (Genesee County) of the MDEQ. is sued in his individual capacity because, as Water Treatment Specialist for MDEQ, Prysby is sued for his gross negligence and intentional misconduct because during his term as Engineer, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm his department caused Plaintiffs.
61. Bradley Wurfel ("Wurfel) was the Director ofCommunications for MDEQ. Wurfel is sued for his gross negligence and intentional misconduct because during his term as Director of Communications, he participated in the decisions that deliberately mislead the public with false statements about water safety and by doing so increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm caused Plaintiffs.
62. Defendant Nancy Peeler ("Peeler") was at all relevant times herein an agent and employee of the State of Michigan employed by the MDHHS ("MDHHS Defendant") as the individual in charge of its childhood lead poisoning program, and was acting within the scope of her employment and/or authority. Peeler is sued for her gross negligence and intentional misconduct because during her term as an MDHHS employee, she participated in the decisions that deliberately mislead the public with false statements about water safety and by doing so
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increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm caused Plaintiffs.
63. Defendant Robert Scott ("Scott") was at all relevant times herein an agent and employee of the State of Michigan employed by the MDHHS ("MDHHS Defendant") as the Data Manager for the MDHHS's Healthy Homes and Lead Prevention Program, and was acting within the scope ofhis employment and/or authority. Scott is sued for his gross negligence and intentional misconduct because during his term as Data Manager, he participated in the decisions that deliberately mislead the public with false statements about water safety and by doing so increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm caused Plaintiffs.
64. Jeff Wright ("Wright") has been the Genesee County Drain Commissioner since 2001. Among other activities, Wright aided and abetted other government defendants in the racially discriminatory practice ofproviding unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
65. Wright is sued in his individual capacity because, as the Genesee Country Drain Commissioner, he conspired with other Defendants to deprive Plaintiffs of their civil and constitutional rights and participated in and/or aided and abetted others to violate Plaintiffs' rights to full and equal enjoyment of public services as guaranteed under the ELCRA and the Equal Protection Clause of the 14th Amendment, as well as the 13th Amendment of the United States Constitution.
66. Edward Kurtz ("Kurtz") was the Emergency Manager of Flint appointed by the Governor in August 2012 and served in this capacity until July 2013. Kurtz is sued because during
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his term as Emergency Manager of Flint he aided and abetted other government defendants in the racially discriminatory practice ofproviding unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
67. Darnell Earley ("Earley") was the Emergency Manager of the City of Flint appointed by the Governor on November I, 2013 and served in this capacity until January 12, 2015. Earley is sued because during his term as Emergency Manager of Flint he aided and abetted other government defendants in the racially discriminatory practice of providing unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
68. Gerald Ambrose ("Ambrose") was the Emergency Manager of the City of Flint appointed by the Governor on January 13, 2015 and served in this capacity until Apri128, 2015. Ambrose is sued because during his term as Emergency Manager of Flint he aided and abetted other government defendants in the racially discriminatory practice of providing unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
69. Dayne Walling ("Wailing") was Mayor of Flint from August 4, 2009 until November 9, 2015 when he was unseated by Karen Weaver. Walling is sued because during his term as Mayor of Flint he aided and abetted other government defendants in the racially discriminatory practice ofproviding unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
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70. Howard Croft ("Croft") was Director of Public Works for the City of Flint. Croft is sued for his gross negligence and intentional misconduct because during his term as Engineer, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment ofthe harm the City of Flint caused Plaintiffs.
71. Michael Glasgow ("Glasgow") was Utilities Administrator for the City of Flint. Glasgow is sued for his gross negligence and intentional misconduct because during his term as Engineer, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm the City of Flint caused Plaintiffs.
72. Daugherty Johnson ("Johnson") was the Utilities Administrator for the City ofFlint. Johnson is sued for his gross negligence and intentional misconduct because during his term as Engineer, he approved and participated in the decisions that deliberately created, increased and prolonged the public health crisis at issue in this case and participated in the concealment of the harm the City of Flint caused Plaintiffs.
73. The City of Flint ('"Flint") is a municipal corporation, so authorized by the laws of the State of Michigan that operates Department of Public Works and provides water to its residents and property owners as part of its responsibilities and services. Flint is sued because it aided and abetted other government defendants in the racially discriminatory practice of providing unsafe water to the predominately African-American and poor residents of Flint and at the same time providing safe water to the predominately White and more affluent surrounding community.
74. Defendant LAN PC is a Michigan professional corporation with its principal place of business located at 1311 S. Linden Road, Suite B, Flint, Genesee County, Michigan 48532. In
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2008, LAN PC was incorporated by LAN Inc., after it was retained to conduct studies and reports of a new water supply that was being developed for Flint, Genesee County. At this Flint location, LAN PC held itself out to the world as a LAD company.
75. Defendant LAN Inc. is a Texas corporation with its principal place of business in Houston, Texas. At all relevant times, LAN Inc. conducted business in Genesee County, Michigan through LAN PC. Per its website, LAN Inc.'s Michigan office is located at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. holds itself out as a full-service consulting firm offering planning, engineering and program management services, including civil infrastructure engineering and municipal water treatment and design.
76. Defendant LAD is a Nebraska corporation with its principal place of business in Omaha, Nebraska. Per its website, LAD's "[s]ervices are extended through [LAN Inc.]." LAD's own website reveals that it advertises itself to the world as having "experience, creativity and technical experience ... in every service we offer[,]" which includes "[p]lanning, architecture, engineering and interior design, and program management [] delivered by multidisciplinary teams hand-picked to provide the precise combination of expertise required for project success." Additionally, LAD, "[a]s a multi-disciplinary firm, engineering is an integral part ofour process from the beginning of each project. Our engineers work closely with planners, architects and interior designers .... Our in-house engineers also provide services for engineering projects independent of architectural design services."
77. The corporate structure of LAD and LAN Inc. is such that LAD exerts nearly unfettered control over its subsidiary. The top executives between Defendants are identical- Leo A. Daly, III serves as Chairman and CEO of both LAD and LAN, and Dennis W. Petersen is the President of both. Three of LAN's seven directors are high ranking LAD executives, including
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Mr. Daly, Mr. Petersen and James B. Brader, the CFO of LAD. While LAN does not appear to
retain a CFO, LAD's CFO is one ofLAN's seven board members. On information and belief, Mr. Brader serves as the defacto CFO of LAN and controls LAN's finances. LAD and LAN Inc. share offices in Houston (LAN's principal place of business), Los Angeles and Miami.
78. Defendants LAN PC, LAN Inc. and LAD (collectively the "LAN Defendants") are defendants in this action based on their collective failure to properly place the Flint Water Plant into operation using the Flint River as a primary source, specifically neglecting to ensure the viability of the water source for use by the public, failing to conduct a root cause analysis to determine the cause of Flint's water problem, failing to insist upon and implement the necessary safeguards through the plant to allow the water to be safely consumed by the public, and failing to report the dangers associated with not installing proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
79. The LAN Defendants maintain an office in Flint, Genesee County, Michigan; they regularly conduct business in Flint, Genesee County, Michigan; and they have committed a tort in Flint, Genesee County, Michigan, which are among the basis for personal jurisdiction under MCL 600.705.
80. Defendant Rowe is a Michigan corporation with its principal place of business in Flint Michigan. Per its website, Rowe "has grown to be a leading professional consulting firm, driving infrastructure and development projects for our public, private, governmental, tribal, and not-for-profit client." Its services include civil engineering, surveying, aerial photography and mapping, landscape architecture, planning, and land development. Rowe represents that it is an expert in "Potable Water Distribution Systems."
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81. Defendant Veolia LLC is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
82. Defendant Veolia Inc. is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
83. Defendant Veolia Water is a Delaware Limited Liability Company with its principal place of business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
84. Veolia LLC, Veolia Inc. and Veolia Water design and provide water solutions for communities and industries across North America under the banner "Veolia North America." These companies maintain that "Veolia North America is the proven leader and world-class solutions provider for the treatment of our most precious resource: water. Our commitment to deliver water that is safe, dependable and affordable is backed by continued investment ofmillions of dollars in water research and development, as well as decades of practical operations and maintenance experience at thousands of facilities around the world."
85. Defendant Veolia S.A. is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia S.A. provides its services through, and thus derives its revenues from, its four global divisions - water management, waste management, public transport and energy services. The divisions provide its services across the globe, and in North America, those services are provided under the aforementioned moniker "Veolia North America."
86. In or around 2005, Veolia S.A. united these four global divisions under a single umbrella, and since then, has held out itself and all other Veolia entities to the world simply as one
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"Veolia." Indeed, Veolia S.A. adopted this simple "Veolia" branding across all of its businesses, which is evidenced on its website and press releases.
87. The four global divisions are composed of the subsidiaries and other businesses owned and otherwise controlled by Veolia S.A.
88. Veolia S.A. and its divisions also underwent a restructuring beginning around 2011. As described by Veolia S.A. Chair and CEO Antoine Frerot, "[o]ur new organization is based on some simple principles-operating as an integrated company, establishing a single Veolia in each country, setting up regional management teams and strengthening corporate management functions." Veolia 2013 Annual and Sustainability Report at 10 (emphasis added), available at http://www.veolia.com/en/2013-activity-and-sustainability-report. Stated differently, "the new Veolia is one Veolia." Jd. at 14.
89. As a result, the corporate structure of Veolia S.A., Veolia LLC, Veolia Inc. and Veolia Water (collectively, the "Veolia Defendants") is such that Veolia S.A. exerts nearly unfettered control over the entire Veolia empire. The Veolia Defendants hold themselves out to the world as a single entity, examples of which are numerous and readily observed in the public domain.
90. For example, the Veolia website makes no effort to distinguish or advertise any distinct legal entities, instead grouping them together and collectively presenting themselves to the world as "Veolia." When "Veolia" advertises the number of its employees and reports its annual revenue, it does so collectively.
91. Upon information and belief, the Veolia Defendants are controlled by the same top executives, and revenues are commingled and reported as one.
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92. As such, the Veolia Defendants disregard corporate formalities and do not adequately or separately capitalize each of their respective businesses.
93. The Veolia Defendants collectively maintain several offices in Michigan, including Westland, Livonia and Grand Rapids; regularly conduct business in Michigan; and have committed torts in Michigan, which are bases for personal jurisdiction in this Court pursuant to MCL § 600.715.
94. The Veolia Defendants are parties to this action based upon providing professionally negligent engineering services in reviewing Flint's water system and declaring the water safe to drink.
95. The Veolia Defendants have abused the corporate form to avoid liability in this matter. Indeed, while it appears Veolia Water may have executed the subject contract with the City ofFlint, the Veolia Defendants, together, as indistinguishable entities, performed services and presented their conclusions as "Veolia." At all times relevant, the Veolia Defendants have represented to the world that they are not distinct legal entities but rather one and the same.
96. The Veolia and LAN Defendants are parties to this action because, among other reasons, they were professionally negligent in failing to conduct a root cause analysis which would have revealed that the pipes were corroding and causing lead and legionella to enter the residents' homes, failing to advise the City that they were out of compliance with the Safe Drinking Water Act's Lead and Copper Rule ("LCR"), falling to advise the City that the addition of a corrosion inhibitor was necessary to prevent lead poisoning and Legionnaires' Disease, and advising the City to use or even increase the dosage of highly acidic ferric chloride.
STATEMENT OF FACTS REGARDING GOVERNMENTAL DEFENDANTS 97. From 1964 to 2014, Flint water users received their water from Lake Huron via the Detroit Water and Sewerage Department ("DWSD"). During this 50 year span, the Flint water
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users enjoyed safe, clean, fresh water in their homes, businesses, schools, hospitals and other places of public services.
98. Motivated principally by the actions, political pressure and efforts of Genesee County Drain Commissioner Jeffrey Wright, in 2009, the communities of Flint, Genesee County, Sanilac County, Lapeer County and City of Lapeer, formed the Karegnondi Water Authority ("KWA") to explore the development of a water delivery system which would draw water from Lake Huron and serve as an alternative to water delivered by the DWSD.
99. In 2011, Flint officials commissioned a study to determine if the Flint River could be safely used by the city as the primary source ofdrinking water. The "Analysis ofthe Flint River as a Permanent Supply for the City of Flint, July 2011" ("2011 Report"), prepared by Rowe Engineering and Lockwood, Andrews and Newnam ("LAN") cautioned against the use ofthe Flint River water and the dormant Flint Water Treatment Plant ("WTP") which would cost millions of dollars to upgrade.
100. Use of the Flint River as a primary drinking source was rejected in 2011. 101. In August 2012, the Governor appointed Edward Kurtz as Flint's Emergency Manager. 102. Throughout 2012, DWSD presented to Kurtz, Wright, Dillon, Walling and the Governor compelling arguments, based on numerous studies, demonstrating that from a cost and water reliability standpoint, Flint needed to reject Wright's pressure to join KWA and continue to receive water from DWSD. 103. Most, if not all, discourse about Flint joining KWA or continuing with DWSD, included Wright who consistently raised arguments designed to persuade Kurtz, Dillon and the Governor that the DWSD cost studies were wrong.
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104. In late 2012, Dillon, reacting to Wright's contention that the DWSD cost studies were wrong, requested the independent engineering firm of Tucker, Young, Jackson and Tull ("TYJT") to assess whether it would be cost-effective for Flint to switch from water supplied by DWSD and join the KWA water delivery system.
105. In February 2013, TYJT concluded that it would be more cost-effective for Flint on both a short term and long term basis to continue to be supplied with water from DWSD.
106. On March 27, 2013, MDEQ officials, sensing that Kurtz, Wright, Walling and Dillon were pushing the Governor to approve Flint joining the KWA, acknowledged that the decision to switch the water source for Flint was not based on a scientific assessment of the suitability of the Flint River water.3
107. On March 28, 2013, in an email from Dillon to Governor Rick Snyder, with copies to numerous other Treasury officials and Wyant, Dillon recommended that he authorize KWA going forward, even though the independent fmn he hired to perform a cost evaluation said staying with DWSD made the most economic sense.4 Dennis Muchmore, Governor Snyder's Chief of Staff, confirmed in a subsequent email that it was Dillon who made "the ultimate decision" to switch Flint water from the DWSD to the KWA.
3 The March 2016 Flint Water Advisory Task Force Final Report ("Task Force Report") is attached as Exhibit A and the Task Force Timeline is attached as Exhibit B. Sygo/MDEQ e-mails with Busch re: Flint River water source switch. "As you might guess we are in a situation with Emergency Financial Managers so it's entirely possible that they will be making decisions relative to cost." Exhibit B, Task Force Timeline at 4. 4 Dillion stated in his March 28, 2013 email: "Go\ernor, based upon today's presentations to the DEQ by the City of Flint, KWA and the engineering firm (Tucker Young) Treasury hired to vet the options as to whether Flint should stay with DWSD orjoin KWA, I am recommending we supportthe City ofFlint's decision tojoin KWA. The City's Emergency Manager, Mayor, and City Council all support this decision. Dan Wyant likewise concurs and will confirm via email."
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108. On April16, 2013, Governor Snyder, in what is now understood to be a non-fiscal decision, authorized Kurtz to enter into a contractual relationship with KWA for the purpose of supplying water to Flint beginning in mid-year 2016.
109. Governor Snyder participated in discussions between his appointed Emergency Manager of Flint, Mr. Kurtz, and his appointed Emergency Manager of Detroit, Kevin Orr. At the time the Governor authorized his Emergency Manager to contractually bind Flint to the KWA project, the Governor and State officials knew that the Flint River would be used as an interim source.
110. In June 2013, Dillon, Kurtz, Wright, and Walling developed an interim plan ("Interim Plan") to use the Flint River water before KWA became operational. The Interim Plan would cover 2.5 years (April 25, 2014 until approximately October, 20 16).
111. Dillon, Kurtz, Wright and Wailing knew that in 20 11 the Flint River was professionally evaluated and rejected as a drinking source and that upgrades for the Flint WTP would cost millions.
112. When the Governor authorized the use of the Flint River as an interim source of water for Flint, he knew that in 2011 the use of the Flint River water as a primary drinking source had been professionally evaluated and rejected as dangerous and unsafe.
113. The Governor, in a timeline prepared by his office, confirmed that in June 2013, he knew that Flint River water would be used as an interim source ofwater.5
114. In May 2013, Emergency Manager Kurtz announced his resignation effective July 2013. The Governor reappointed Michael Brown as Flint's Emergency Manager.
5 "City of Flint decides to use the Flint River as a water source, per Gov. Snyder timeline." Exhibit A, Task Force Report at 5.
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115. In September 2013, after Emergency Manager Brown resigned, Darnell Earley was appointed by the Governor as Flint's Emergency Manager.
116. Michael Glasgow, the City of Flint's water treatment plant's laboratory and water quality supervisor informed the MDEQ on April 16, 2014, that the WTP was not fit to begin operations and that "management" was not listening to him because "they seem to have their own agenda."6
117. On April 25, 2014, under the direction of Emergency Manager Earley and State officials from MDEQ, Flint water users began receiving Flint River water from their taps even though Glasgow warned that the WTP was not ready.
118. Beginning in June 2013 and continuing through April 25, 2014, the State created a dangerous public health crisis for the users ofFlint tap water when it and Kurtz and Earley ordered and set in motion the use of highly corrosive and toxic Flint River water knowing that the WTP was not ready.
119. For at least a year prior thereto, the State knew that using the Flint River water was dangerous and could cause serious public health issues.7
6 Glasgow said on April 16, 2014 that " . . . . it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible .... I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water." The next day, Glasgow wrote Prysby and Busch of the MDEQ, that " ..... I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda." 7 "January 23,2013: Mike Prysby/MDEQ e-mails colleague Liane Shekter Smith and others about feasibility of Flint switching to the Flint River, highlighting water quality concerns." Exhibit A, Task Force Report at 16.
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120. As early as May 2014, the State knew that it had indeed created a dangerous public
health crisis yet failed to take any remedial steps.8
121. In June 2014, citizen complaints about contaminated water continued without the
State doing anything to address these complaints. Many Flint water users reported that the water
was making them ill.
122. On October 14, 2014, Flint's public health emergency was a topic of significant
discussion in the Governor's office.9
123. By October 2014, the Governor and his staff knew full well of the on-going
public health threat to the people of Flint yet he did absolutely nothing to assist the desperate
people of Flint. 10
124. By October 2014, the threat of deadly Legionnaires disease was adding to the
public health safety crisis. 11 ("[October 2014] Genesee County Health Department initially
8 The Governor's office received citizen complaints and was well aware of numerous press stories about water quality problems as early as May 2014 and continuing throughout 2015." Jd. at 36. 9 "Valerie Brader, State Deputy Legal Counsel and Senior Policy Advisor, e-mails [on October 14th the] Governor's Chief of Staff Dennis Muchmore and other top aides arguing for a return to DWSD because of water quality problems. Michael Gadola, then the Governor's Legal Counsel, responds by agreeing with Brader. Brader and Rich Baird, another senior aide to the Governor, then discuss the idea with Emergency Manager Darnell Earley, who maintains the water quality problems can be solved and it would be cost-prohibitive to return to DWSD." Id at 17-18. 10 The Task Force Report was critical of the Governor's failure to answer the Flint citizen calls for help in October of2014. "The suggestion made by members ofthe Governor's executive staff in October 2014 to switch back to DWSD should have resulted, at a minimum, in a full and comprehensive review ofthe water situation in Flint, similar to that which accompanied the earlier decision to switch to KWA. It was disregarded, however, because of cost considerations and repeated assurances that the water was safe. The need to switch back to DWSD became even more apparent as water quality and safety issued continued and lead issues began to surface in 2015, notwithstanding reassurances by MDEQ." ld. at 38. 11 "[October 2014] Genesee County Health Department initially expresses concern to Flint Water re: increased incidence of Legionellosis and possible connection to water supply." Exhibit B, Task Force Timeline at 7.
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expresses concern to Flint Water re: increased incidence of Legionellosis and possible
connection to water supply." Exhibit B, Task Force Timeline at 7.
125. On October 13,2014, the General Motors Corporation decided that it would no
longer use Flint River water in its Flint plant. Despite this clear evidence of serious and
significant danger, none of the Defendants took any action to alter the course of the health crisis. 12
126. On October 17,2014, Flint officials became aware ofthe threat of Legionnaires
disease resulting from the use of Flint River water. No action was taken by Flint or Genesee County Health officials. 13
127. On October 21, 2014, the MDHHS was notified of the health crisis caused by the Flint River water. Again no action was taken. 14
128. In January 2015, State officials met to discuss the ongoing threat to public health posed by the Legionella bacteria in the Flint River water. 15 The public health crisis was not
addressed in any serious and/or non-frivolous way.
12 "GM announces it is switching from City of Flint water system to Flint Township (Lake Huron) water for its Flint Engine Operations facility until KWA connection is complete, citing corrosion concerns. Prysby!MDEQ notes Flint water chloride levels are "easily within" public health guidelines. Annual revenue loss of $400,000. Id. at 7. 13 "Genesee Co. Health Department (GCHD) representatives hold conference call with Glasgow and Wright/Flint DPW re: county's concerns about Legionellosis outbreak and possible connection to city's water system. DPW "acknowledges that the distribution system has areas of concern." ld at 7. 14 "Susan Bohm/MDHHS e-mails GCHD officials re: Shekter Smith's concern that Flint water would be publicly linked to Legionellosis outbreak in Flint.' I told her the Flint water was at this point just a hypothesis."' ld at 7. 15"January 2015 (date unclear): Staff from Genesee County hospitals, MDilliS, MDEQ and GCHD meet, and MDilliS Director Nick Lyon directs GCHD to conduct and complete its evaluation ofthe causes of the increased Legionellosis cases that had begun to occur in 2014." ld. at 18.
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129. On January 13, 2015, Earley resigned his position as Emergency Manager and the Governor replaced him with Gerald Ambrose.
130. On January 21, 2105, State officials ordered water coolers to be installed in State buildings operating in Flint. State officials were concerned that this action, if it became widely known by the public, would reveal their dishonesty because they had been advising the residents of Flint that it was safe to drink the tap water and at the same time arranging for alternative water sources for the State employees who were working in Flint. 16
131. On January 27, 2015, Flint was placed on notice that the Genesee County Health Department ("GCHD") believed there was an association between the spike in Legionella disease reports and the onset of the use of Flint River water. Again, Defendants did nothing about the impending health catastrophe. 17
132. On January 29, 2015, State officials recognized that the public health crisis was caused by the corrosion of the entire infrastructure of the Flint water system. No action was taken to warn the public of the health crisis or to correct the harm caused by the State's decision to switch from DWSD water to Flint River water. 18
16 "MDEQ staff(Prysby, Shek:ter Smith, Benzie, numerous others) communicate via e-mail re: decision to provide water coolers at Flint's State Office building. Some discussion re: how this decision will affect Flint residents' perceptions of drinking water safety, and how the decision will "make it more difficult ... for ODWMA staff." Id. at 8. 17 "FOIA request sent by GCHD environmental hygienist James Henry to Flint DPW and Flint Mayor for information on water treatment to support the county's investigation of Legionellosis cases." Exhibit A, Task Force Report at 18. 18 "Sygo and Shekter Smith/MDEQ e-mail re: Flint water quality problems. Shek:ter Smith identifies the problem as corrosion across the distribution system rather than a 'premise plumbing' issue." Exhibit B, Task Force Timeline at 8.
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133. On January 29, 2015, Sue McCormick, the Director ofDWSD, offered Ambrose an opportunity to purchase DWSD water at attractive rates. DSWD's proposal included waiving the re-connection fee. This offer was rejected by Ambrose.
134. In January 2015, Flint home owner, LeeAnn Walters, called the EPA regarding water issues that she was experiencing at her Flint home. She informed the EPA that she and her family members were becoming physically ill from exposure to the Flint River water coming from her tap.
135. By the end of January 2015, the Governor's office was fully aware of the public health emergency caused by the rise in Legionella bacteria found in the Flint River and launched a cover-up of the public health crisis. 19
136. On February 1, 2015, the Governor was fully informed of the health crisis in Flint. Given the months of complaints from Flint water users that the water was discolored, foul smelling/tasting and making them visibly sick, the Governor knew that there was an imminent threat to the people of Flint.20
137. Yet, neither the Governor, nor State and local public officials, took corrective action.
19 "January 30,2015: Brad Wurfel!MDEQ e-mails Dave Murray, Governor Snyder's deputy press secretary, re: Legionella, saying said he didn't want MDEQ Director Wyant "to say publicly that the water in Flint is safe until we get the results of some county health department trace back work on 42 cases ofLegionellosis in Genesee County since last May." Exhibit A, Task Force Report at 18. 20 '•Briefing memo is prepared for Gov. Snyder on Flint water situation, including info on residents' complaints about water quality, Mayor Walling's call for assistance, and MDEQ 'backgrounder' downplaying health risks." Wurfel: "It's not like an imminent threat to public health." Exhibit B, Task Force Timeline at 9.
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138. On February 17, 2015, Flint water users staged public demonstrations demanding
that Flint re-connect with DWSD. Once again Ambrose refused to restore Detroit water for Flint
water users. State and local public officials falsely insisted that the water was acceptable for use
and took no action.
139. On February 26, 2015, Jennifer Crooks of the EPA wrote an email to :MDEQ and
EPA representatives. Crooks noted that Walters complained of "black sediment in her water."
She noted that the iron contamination was so high that the testing instrumentation could not measure it.21
140. In a second email on February 26,2015, Crooks stated that Miguel Del Toral ("Del
Toral") of the EPA is of the opinion that the "black sediment" in the Walters water was actually lead.22
141. On February 27, 2015, Stephen Busch advised Del Toral that the City was using
corrosion control. This statement was false and Busch knew it was false when he made this statement to the EPA.23
21 Crooks said in her email: "But, because the iron levels were so high [Michael Glasgow, Flint Utilities Administrator], suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3 ....Big worries here....l think Lead is a good indication that other contaminants are also present in the tap water that obviously were not present in the compliance samples taken at the plant... We also talked about Dr. Joan Rose from Michigan State being on the Flint Tech Advisory committee--would want to dive further into this ...she and her family are also exhibiting the rashes when exposed to the water, and her daughter's hair is falling out in clumps." 22 Crooks stated that "Miguel is wondering ifFlint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it phosphates? From a public health perspective, can we assume that the high lead levels in Mrs. Walters' neighborhood are isolated to just her area? Or are they more widespread?" 23 "Busch/MDEQ responds to Del Toral/EPA saying that the City of Flint 'Has an Optimized Corrosion Control Program,' LeeAnn Walters's house is 'not part of the City's established sample site pool' and the residence has PVC plwnbing." Exhibit B, Task Force Timeline at 10.
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142. On March 5, 2015, the Governor and officials in the Governor's office realized
that they had a massive public health emergency which probably included widespread lead
poisoning on their hands and began discussing distributing water filters to Flint water users.
These public officials took no action to warn or otherwise protect Plaintiffs and the Class, and
continued to conceal from them and the public the true nature, extent and severity ofthe public
health crisis.24
143. By March 10, 2015, James Henry of the GCHD raised concerns that he was
being stonewalled by the State and City in accessing public health information about the
Legionella outbreak in Genesee County. The concealment ofthe public health emergency by
City and State officials - Defendants herein - was shocking and unconscionable.
144. As of March 10, 2015, the Defendants knew that the extreme public health
emergency involved leadpoisoning, deadly Legionella bacteria and a host ofother ailments. 25
24 "Officials in Governor's Office and MDEQ begin discussing providing water filters to Flint citizens." Jd 25 "James Henry/GCHD e-mails Howard Croft/Flint DPW, Prysby/MDEQ, Mayor Walling and others citing the city's and state's lack ofcooperation and failure to respond to his requests for information---- and a Jan. 2015 FOlA ----to support county's investigation ofpotential causes ofLegionellosis outbreak in Flint. 'This is rather glaring information and it needs to be looked into now, prior to the warmer summer months when Legionella is at its peak and we are potentially faced with a crisis."' Exhibit B, Task Force Timeline at 9. The Task Force Report highlights the government misconduct which prolonged the danger created by the State when it decided to use the highly corrosive Flint River water. The Task Force stated in its report that "[a]s the Flint water crisis unfolded, certain state agencies' perceived need to defend the original decision to switch to the Flint River and resist a return to DWSD resulted in public relations and communications efforts that have, at times, been inappropriate. In the spring and summer of 2015, for example, this perceived needto defend aflawed decision manifested itselfin attempts by MDEQ and MDHHS to discredit accurate information on lead in drinking water and elevated blood lead levels provided by outside experts. Citizen concerns were at times derided and dismissed, in spite ofthe fact that various members ofthe Governor's staffhad expressed-and were expressingconcerns about the water situation in Flint at the same time. " ......In any event, the facts in this case point to the reality that state government, as the entity in charge ofFlint decision-making, failed to protect the health ofthe city's residents. Emphasis added. Exhibit A, Task Force Report at 37, 40.
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..
145. On March 25, 2015, Flint City Council voted to re-connect to Detroit's water system. Governor Snyder's appointed Emergency Manager, Gerald Ambrose, exacerbated the State-created danger by rejecting this vote of the Flint public officials.26
146. On June 24, 2015, Del Toral of the EPA prepared a memorandum entitled, "High Lead Levels in Flint Michigan-Interim Report" ("Del Toral Report"). On the following day, Del Toral wrote an internal email with respect to the elevated lead in Flint water at EPA stating:
"'I understand that this is not a comfortable situation, but the State is complicit in this and the public has a right to know what they are doing because it is their children that are being harmed." Del Toral further warned that the failure to inform Flint water users ofthe elevated lead levels was "bordering on criminal neglect." 147. The Del Toral Report was shared with, among others, MDEQ's Chief of Office of Drinking Water and Municipal Assistance, Liane Shekter-Smith, MDEQ's Water Treatment Specialist, Patrick Cook, MDEQ's District Supervisor, Stephen Busch, and MDEQ's Engineer assigned to District 11 (Genesee County), and Michael Prysby. 148. Nonetheless, State and local public officials failed to undertake any measures to effectively address any of the dangers, including lead poisoning, identified by EPA Agent Del Toral.
26 The Task Force further notes that in March, 2015, Emergency Manager Ambrose completely ignored numerous alarms and warnings that the Flint River water was dangerous to the health of the Flint water users. "Flint City Council votes 7--1 to end Flint River service and return to Detroit water service; the vote is non--binding since Flint is under EM control. Flint EM Ambrose: 'It is incomprehensible to me that... Flint City Council would want to send more than $12 million a year to the system serving Southeast Michigan, even if Flint rate payers could afford it. (Lake Huron) water from Detroit is no safer than water from Flint."' Exhibit B, Task Force Timeline at 10.
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149. On June 30, 2015, Mayor Walling notified EPA Region 5 Director, Dr. Susan Hedman ("Hedman") that Del Toral was speaking publicly about the Flint environmental crisis.
150. On July 2, 2015, Hedman advised Walling that he was given a preliminary draft and that it would be premature to draw any conclusions based on that draft."
151. On July I0, 2015, MDEQ official Brad Wurfel, in an effort to conceal the public health crisis, appeared on public radio and advised listeners that Flint water was safe and that it was not causing "any broad problem" with lead leaching into residential water. Parents, worried about the lead poisoning of their children demanded answers from Wurfel. He told the concerned parents, "'[l]et me start here-anyone who is concerned about lead in the drinking water can relax." Wurfel, at the time he made this statement, knew his statements were false and he deliberately misled the public about the seriousness of the crisis.
152. By July 2015, multiple agencies within the State of Michigan, including the Governor, the Governor's Office and MDEQ, had actual notice of high lead exposure and other dangers, including Legionnaires' disease, associated with Flint water.
153. On July 22, 2015, Governor Snyder's Chief of Staff, Dennis Muchmore, wrote to MDHHS Director Lyon and stated that the Plaintiffs' concerns (and those of the Class and the people of Flint) regarding lead poisoning and other dangers were being "blown off' by the Defendants.
154. On July 24, 2015, Wurfel continued to promote the cover-up of the health crisis. In response to the recognition that the Defendants were blatantly ignoring the concerns of Flint residents, he stated, "In terms of near-future issues, the bottom line is that residents of Flint do not need to worry about lead in their water supply, and DEQ's recent sampling does not indicate an imminent health threat from lead or copper."
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155. In August 2015, Professor Marc Edwards of Virginia Tech detennined that there was serious lead contamination of the Flint water system and stated that the people of Flint face a major public health emergency.
156. Wurfel, speaking for the State, immediately dismissed and discredited Edwards by stating that Edwards's team "only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly."
157. By late 2014 or early 2015, the Director of the MDHHS ("Director") was aware from MDHHS data that there was a dramatic increase in the percentage of Flint children with elevated blood lead level readings from blood drawn during the second and third quarters of2014, and that Legionnaires' disease was on the rise during the same period of time. The Director was aware ofthis dangerous condition but did nothing to report the findings to the Plaintiffs, their Class or the public.
158. The Director knew that these elevated blood lead levels, and an increase of Legionnaires' disease found in its own database, correlated with the introduction of the corrosive Flint River water into the Flint water distribution system. The Director did not order that any action be taken to warn the public.
159. The increase in elevated blood lead levels in Flint's children, and the Director's failure to do anything to prevent further injury to the people of Flint, identifies yet another aspect of this unconscionable government-created health and public safety emergency. The Director, aware of the elevated blood lead levels in Flint's children, failed to report the evidence to the
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MDEQ, Governor's Office, EPA or the Flint community. His concealment of this critical
infonnation increased the risk and exacerbated the danger.27
160. Dr. Mona Hanna-Attisha, in the summer of2015, using data available to her from
Hurley Hospital, observed a similar spike in the percentage of Flint children with elevated blood
lead levels from blood drawn in the second and third quarter of 2014. She published her study in
an effort to alert the community about the health risks associated with drinking Flint River water.
161. The Defendants and the MDHHS immediately accused Dr. Hanna-Attisha of
providing false infonnation to the public.
162. In September 2015, the MDEQ continued to falsely assure the public that use of
Flint Water was safe and continued to deny the public health crisis at hand.28
27 The Task Force Report states that in July, 2015, the MDHHS knew that there was a spike in elevated blood lead levels ofFlint children which correlated with the onset ofthe Flint River water as a drinking water source for Flint water users. The MDEQ knew its public statement in September about no elevated blood lead levels was false. ("July 28, 2015: MDHHS epidemiologist Cristin Larder finds that children's blood lead tests conducted in summer 2014 "lie outside the control limit" compared with prior years and that this finding "does warrant further investigation." On the same day, CLPPP data manager Robert Scott analyzes the data over a 5year period and concludes that ''water was not a major factor." Later that day, CLPPP manager Nancy Peeler concludes that the lack of persistently elevated blood lead levels in children in Flint beyond the summer months indicates no connection to the change in water in Flint in 2014. Larder then receives email communication from Peeler: Peeler has concluded from CLPPP data and communicated with MDHHS leadership that there is no problem with children's lead levels in Flint." Exhibit A, Task Force Report at 20. 28 An example of this type of misleading public statement is found in a MDEQ document entitled, ''DEQ Frequently Asked Questions, Water Lead Levels in the City of Flint, September, 2015" which stated: "Are there other ways the city monitors for lead exposure? The County Health Departments, overseen statewide by the Michigan Department of Health and Human Services, regularly monitors blood levels in children throughout Michigan communities. The leading cause ofleadpoisoning is exposure to leadpaint. Blood lead level testing results for the 12-month period just after the City ofFlint changed its water source (May 2014- April20 15) showed no significant change in the pattern of blood lead levels in Flint, compared to the previous three years. This data suggests the recent change in water source by the City ofFlint has not contributed to an increase in lead exposure throughout the community." (Emphasis added)
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163. On September 25,2015, Wurfel falsely advised media and the public that MDHHS officials have re-examined its blood lead level data and the MDHHS statistics do not show the same upward trend documented by Dr. Hanna-Attisha.
164. On September 28, 2015, Wurfel stated publically that the Flint water crisis was becoming "near-hysteria" because of Dr. Hanna-Attisha's report. He said that he wouldn't call her reports " .. .irresponsible. I would call them unfortunate." Wurfel finished his remarks that day by falsely stating that "Flint's drinking water is safe in that it's meeting state and federal standards."
165. On September 29,2015, Wurfel referred to EPA Del Toral as a "rogue employee." 166. By late September 2015, reconnecting to the Detroit water system was the only reasonable option to protect the health and safety ofthe Flint water users. Yet the State deliberately chose not to proceed in this fashion. Instead, on or about October 2, 2015, State officials announced that the State would appoint a Flint Water Advisory Task Force and would provide water filters designed to eliminate the lead in the water to Flint water users. 167. On October 8, 2015, the Governor recognized that he could no longer pretend that the water from the Flint River was safe. He finally ordered Flint to re-connect with the Detroit water system which contained corrosion control chemicals. 168. The re-connect to DWSD took place on or about October 16,2015. 169. Flint is currently in a State of Emergency: Mayor Karen Weaver declared a State of Emergency on December 14, 2015. On January 4, 2016, the Genesee County Commissioners declared a State of Emergency. On January 5, 2016, Governor Snyder declared a State of Emergency. On January 13, 2016, the Governor activated the Michigan National Guard to assist the people of Flint. On January 14, 2016, the Governor asked President Barak Obama and the
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Department of Homeland Security, Federal Emergency Management Agency ("FEMA") to declare Flint a Major Disaster. On January 16, 2016, FEMA issued an emergency declaration to assist the people of Flint.
170. The relief efforts of State public officials have been ineffective, indeed often frivolous, in mitigating the devastation caused by its creation of the public health crisis. The ineffective relief efforts have prolonged the dangerous conditions and, in many cases, the failed mitigation efforts have further exacerbated the effects of the public health calamity created by the State.
STATEMENT OF FACTS REGARDING ENGINEERING DEFENDANTS 171. In early 2013, Mr. Kurtz signed an agreement to switch Flint's primary drinking water source from the DWSD to the newly formed KWA, which was scheduled to become operational sometime in 2016. 172. The transition to the Flint River as a primary water source presented many challenges and dangers that should be well shown to any civil engineering firm with experience in potable water treatment, sourcing and distribution. According to the EPA, "it is critical that public water systems, in conjunction with their primacy agencies and, if necessary, outside technical consultants, evaluate and address potential impacts resulting from treatment and/or source water changes." Various factors specific to individual water sources necessitate different treatments, including but not limited to the use of chemical additives. The water obtained from the Flint River was substantially more corrosive than the treated water Flint had been receiving from DWSD. Water becomes more corrosive when it contains greater quantities of chloride, which can enter the water from manmade and natural sources. Flint River water is known to contain about 8 times more chloride than Detroit water. It is well known that corrosive water that is not properly treated
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results in the corrosion of pipes, such that the metals in the pipes, including lead, will leach into drinking water.
173. Additionally, most of the City's 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall.
174. In or around June 2013, The City of Flint hired LAN to provide advice regarding the use of the Flint River as the City's water source during the construction of infrastructure for the KWA. LAN advised the City regarding the design of an upgrade to the Flint Water Plant and stated that '"quality control could be addressed."
175. On June 10, 2013, LAN submitted a proposal to Flint for upgrading the FWTP entitled "Flint Water Treatment Plant Rehabilitation - Phase II." The proposal was to make "improvements ... intended to help the City operate[] the plant on a full time basis using the Flint River." The proposal was signed by J. Warren Green, Professional Engineer (Project Director) and Samir F. Matta, Professional Engineer (Senior Project Manager).
176. LAN claimed in its proposal that its "staff has the knowledge, expertise and the technical professionals to handle all aspects of the projects. Our staff has firsthand knowledge of the [FWTP] ...."
177. The proposal included the following relevant sections:
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(a) A "Scope of Services" section that stated the "project involves the evaluation and upgrade of the Flint Water Plant to provide continuous water supply service to the City of Flint (Flint) and its customers." The upgrades and improvements would allow the use of the Flint River as a water supply.
(b) A "Standards of Performance" section where LAN ''agree[d] to exercise independent judgment and to perform its duties under this contract in accordance with sound professional practices." As part of the proposal, it was understood that Flint was relying upon the professional reputation, experience, certification, and ability of LAN.
178. Flint formally retained LAN in June 2013 as the design engineer for improvements and upgrades to the FWTP for the treatment of new water sources, including both the Flint River and the KWA pipeline. In deciding to proceed with the transition to the Flint River, the City of Flint noted LAN's "extensive experience in this field," and relied upon LAN's identification of the "engineering, procurement, and construction needs for the project." Although the City recognized that water from the Flint River "would be more difficult to treat," the City concluded, based on LAN's recommendations, that the Flint River was "viable as a source" of the City's water. See City of Flint, Water System Questions & Answers (Jan. 13, 2015), available at http://mediad.pubIicbroadcasting.netlp/michiganlfiles/20 1512/CoF-Water-SystemFA Q-1-162015.pdf. LAN continued to advise the City with respect to its transition to the Flint River through 2015, and ultimately was paid more than $3.8 million for its engineering services. City officials, including then-Mayor Walling, relied upon LAN's advice in pronouncing the City's water to be safe.
179. On June 29, 2013, LAN met with representatives of Flint, representatives of the Genesee County Drain Commissioners Office and the MDEQ to discuss:
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(a) Using the Flint River as a water source; (b) The ability to perform the necessary upgrades to the FWTP; (c) The ability to perform quality control; (d) The ability for Flint to provide water to Genesee County; (e) The ability to meet an April or May 2014 timeline; and (f) Developing a cost analysis. 180. According to incomplete meeting minutes, "the conversation was guided with focus on engineering, regulatory, and quality aspects ..."of the items previously referenced, and the following determinations were made: (a) The Flint River would be more difficult to treat, but was viable as a source; (b) It was possible to engineer and construct the upgrades needed for the
treatment process; (c) It was possible to perform quality control "with support from LAN
engineering which works with several water systems around the state, quality control could be addressed[;]" (d) FWTP did not have the capacity to treat and distribute sufficient water to meet the needs of Flint and Genesee County; (e) There were many obstacles to overcome, but completion by the April or May 2014 timeline was reachable; and (f) The next steps were for LAN to present Flint with a proposal that would include engineering, procurement, and construction needs for the project along with cost estimates.
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181. Upgrading the FWTP would have its challenges. Since 1965, the FWTP served as a secondary and backup water supply system to the DWSD. Typically, a secondary supply for a public water system is expected to be needed only during emergency situations, and is normally designed for short term operation such as providing the average daily demand for only a few days.
182. Upon information and belief, the FWTP was previously upgraded in or around 2004 in order to allow it to operate for an extended short-term period (i.e., approximately 6 weeks) because of a perceived high risk that the DWSD supply would fail and remain out of service for an extended duration.
183. Due to the aforementioned 2013 agreement, the FWTP needed to be upgraded again to operate on a full-time basis, otherwise it would be unable to provide the citizens of Flint with sufficient quantities of water.
184. In April of 2014, LAN, Flint and MDEQ officials addressed and discussed optimization for lead, and they decided that having more data was advisable before implementing an optimization method.
185. On April 9, 2014, the City received the necessary permits from MDEQ to draw Flint River water for distribution as the supply source for its water distribution system during the multi-year transition to the new KWA facility.
186. Despite receiving these permits, the water system was not ready to become operational. The Flint River was contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The level of chlorides in the Flint River was eight times the levels provided in DWSD water.
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a
187. Nothing whatsoever was being done to account for the corrosive nature of the Flint River water despite the clear duties of LAN and Rowe. Chlorides are highly corrosive, and must be neutralized with anticorrosive agents before entering public water systems. Phosphates are often added to corrosive water as a method of corrosion control, to prevent metals from leaching into the water. Incredibly, at the time of the switch to Flint River water, no phosphates were added to the water supply.
188. LAN knew, if not recommended, that the FWTP would begin drawing water from the Flint River later that month that would not be treated with anti-corrosive measures. Moreover, the potential consequences in endangering the public health as a result of not using anti-corrosive treatments when using water from the Flint River as the primary source were or should have been well-known and foreseeable to LAN, an engineering firm that, according to its website, is a "national leader in the heavy civil infrastructure engineering industry," "one of the most respected engineering firms in the United States today," and "a recognized leader in the industry with a rich history of serving a diverse group of heavy civil infrastructure clients across the country."
189. From July of2013 through April of2014, LAN provided its professional services, but failed to meet its duty ofcare and competence. LAN was responsible for providing engineering services to make Flint's inactive water treatment plant sufficient to treat water from each of its new sources. LAN's actions facilitated the transfer of Flint's water source to river water without proper corrosion control treatment. The improvement and upgrade plans to the FWTP were approved by MDEQ in April of 2014 pursuant to plans and specifications signed and sealed by LAN.
190. LAN, as Flint's engineering contractor, and Rowe, as City Engineer, had a duty to recognize the need for corrosion control and advise that it should be implemented. Yet, incredibly,
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at the time ofthe switch to Flint River water, no phosphates were being added to the water supply. In fact, nothing whatsoever was being done to account for the corrosive nature of the Flint River water. Moreover, LAN did not require water quality standards to be set for the Flint River water that would be delivered to Flint's residents and property.
191. At all relevant times, LAN knew or should have known that, as a consequence of any failure to operate the FWTP by using the required and necessary anti-corrosive agents in the water drawn from the Flint River, or failure to report the non-use of these agents to the proper authorities, the Plaintiffs and the entire Class would be exposed to toxic levels of lead and other dangerous and unsafe metals and chemicals. LAN either failed to recommend and/or design for the use of corrosion control treatment chemicals during the full-time operation ofthe FWTP when it drew water from the Flint River, or it failed to demand or ensure the use of corrosion control treatment chemicals once the upgraded FWTP was placed into full-time operation.
192. The danger to the public in not using anti-corrosive treatments when using water from the Flint River as the primary source was or should have been well-known to LAN, as such dangers are well-known within the water treatment community. The potential consequences were recklessly ignored or not raised with the appropriate officials by LAN.
193. In the summer of 2014, the Michigan Department of Health and Human Services (MDHI-IS) reported an outbreak ofLegionnaires' disease-another red flag. Legionnaires' disease, or legionellosis, is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the mortality rate rises to 80%. Infection in humans occurs when water droplets contaminated with legionella bacteria are inhaled or when water containing legionella enters the trachea. Extensive studies of legionella have established that the pathogen
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enters the water supply when the "bio-film" protecting pipes is stripped away-which is exactly what happened when the River's corrosive water entered the City's pipes.
194. In addition to a rise in the reported incidence of Legionnaires' disease, MDHHS first noted another potential problem related to Flint's water in September 2014. According to an internal memo not circulated to the public until much later, MDHHS warned that lead poisoning rates "were higher than usual for children under age 16 living in the City ofFlint during the months of July, August and September, 2014."
195. Michigan and the MDEQ also knew at least as early as October 1, 2014, that one of the causes of the bacterial contamination was the existence of iron pipes in the City's water distribution system.
196. On October 13, 2014, General Motors ceased the use of Flint River water at its engine plant because of fears that it would cause corrosion due to high levels of chloride.
197. Soon thereafter on December 31, 2014, the first round of lead monitoring showed results exceeding the LCR's action levels for lead, 15 parts per billion. The situation though was actually worse-- these samples were not drawn from the highest risk homes as required by the LCR.
LAN Did Not Insist on the Use ofAnti-Corrosive Treatment, and Knew or Should Have Known ofthe Dangers
198. Since LAN was involved in determining whether the Flint River could be safely used as a water source, it knew or should have known that, without proper anti-corrosive treatment, drawing water from the Flint River and using it as the primary source of drinking water would create a condition dangerous to the health and welfare of the community.
199. An important consideration any time a water system changes sources is to account for differences in those sources. According to the EPA, "it is critical that public water systems, in
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conjunction with their primacy agencies and, if necessary, outside technical consultants, evaluate and address potential impacts resulting from treatment and/or source water changes." Various factors specific to individual water sources necessitate different treatments, including but not limited to the use of chemical additives.
200. Pursuant to the LCR, all large public water systems, including Flint, are required to install and maintain corrosion control treatment for lead and copper water service systems. In the absence of such corrosion control treatment, lead levels in water traveling through a lead and copper-based water system will be present at unacceptable and even dangerous levels.
201. LAN failed to ensure that the upgraded FWTP would treat the water drawn from the Flint River with the proper anti-corrosive chemicals before it was released for consumption and use into the community, which is contrary to water quality standards, the standard of care of similarly-situated and experienced engineers, and common sense.
202. At all relevant times, LAN knew or should have known that, as a consequence of any failure to operate the FWTP by using the required and necessary anti-corrosive agents in the water drawn from the Flint River, or failure to report the non-use of these agents to the proper authorities, the Plaintiffs and the entire Class would be exposed to toxic levels of lead and other dangerous and unsafe metals and chemicals.
203. LAN either failed to recommend and/or design for the use of corrosion control treatment chemicals during the full-time operation of the FWTP when it drew water from the Flint River, or it failed to demand or ensure the use of corrosion control treatment chemicals once the upgraded FWTP was placed into full-time operation.
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204. The danger to the public in not using anti-corrosive treatments when using water from the Flint River as the primary source was or should have been well-known to LAN, as such dangers are well-known within the water treatment community.
205. Moreover, the potential consequences in endangering the public health as a result ofnot using anti-corrosive treatments when using water from the Flint River as the primary source were or should have been well-known and foreseeable to LAN.
206. The potential consequences were recklessly ignored or not raised with the appropriate officials by LAN.
207. It came (or should have come) as no surprise to a civil engineering firm that, within days of the switch, Flint officials began receiving complaints from water users that the water was cloudy and discolored in appearance and foul in taste and odor.
208. LAN, as Flint's outside contractor, and Rowe, as Flint's City Engineer, had a duty to recognize the need for corrosion control and advise that it should be implemented. The Dangers ofUsing Water From the Flint River Should Have Become Even More Apparent
to the Engineering Defendants After Flint Began Using the Untreated Water 209. On April25, 2014, Flint officially began using the Flint River as its primary water source, despite the fact that the proper preparations had not been made. As a result of the failure to treat water from the Flint River properly, corrosive water was delivered throughout the Flint Water System. 210. The corrosive water from the Flint River predictably corroded metal pipes, causing them to leach into water. An estimated 15,000 of Flint's 30,000 residential service lines are composed at least partially of lead. The exact number is presently unknown. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water, which clearly indicated that metals were leaching into the water.
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Indeed, within weeks, water users were reporting to Flint authorities that they were experiencing hair loss, rashes, vomiting and other physical maladies.
211. However, unlike LAN and Rowe, Flint residents were unaware of the specific dangers lurking in the water that was being used and distributed by the FWTP.
212. Corrosion of iron water pipes should be obvious to trained professionals and the individuals tasked with providing safe drinking water to the public when it occurs. The corrosion of iron pipes can also result in an increase in water main leaks and breaks. The signs of iron corrosion are a warning sign that lead corrosion is also present, since both are caused by the same phenomenon.
213. On August 14, 2014, Flint's water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response. To address the bacteria problem, the City treated the water with additional chlorine. However, as has been well known for decades, in corroded pipes, chlorine preferentially reacts with the bare metal instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply was thus ineffective in treating bacteria-so the City added more chlorine.
214. The water's corrosiveness dislodged the biofilm that had previously lined the pipes used to distribute water throughout the City, exposing legionella bacteria to the water and leaching mineral substances into the water, including iron from older iron pipes. Iron is a known micronutrient that boosts the level oflegionella bacteria. The metal also reacts with and inactivates any chlorine disinfectant found in treated water that would have killed the legionella bacteria.
215. Soon after the switch in its water source to the Flint River, Genesee County experienced an outbreak of Legionnaires' disease. The first outbreak of the disease, which began
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in June 2014, was followed by a second outbreak of the disease that began in May 2015. The outbreak of Legionnaire's disease was a red flag that the walls of the pipes had been exposed and were likely leaching lead into the water distribution system.
216. The use of chlorine to disinfect water produced various disinfection byproducts, including Trihalomethanes (often referred to as Total Trihalomethanes or "TTHM"). In the presence of bare pipes not protected by a corrosion control protocol, more chlorine yields more TTHM. EPA and various state agencies regulate TTHM levels.
217. Almost immediately following the discovery of Flint's bacterial problems, it became apparent that Flint's TTHM levels were high. This should have been a red flag that the steel in the pipes had been laid bare by the high salt concentrations the water pumped from the Flint River.
218. In August and September of2014, Flint water tested positive for E.coli, and several ••boil water" advisories were issued by Flint through September of 2014. As a result, Flint was deemed to have violated the National Primary Drinking Water Regulations Maximum Contaminant Level for E. coli bacteria on at least two separate occasions.
The Corrosive Water Caused Widespread Damage 219. Setting standards and optimal ranges for water quality is necessary to prevent widespread impacts from substandard or dangerous water. Lead is a powerful neurotoxin that can have devastating, irreversible impacts on the development of children. There is no safe level of lead as its effects are harmful even at low levels. Lead exposure in children causes heightened levels of lead in the blood and body, resulting in problems including decreased IQ, behavioral problems, hearing impairment, impaired balance and nerve function, infections, skin problems, digestive problems, and psychological disorders.
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220. Lead contamination is not the only problem that is caused when corrosive water is distributed in a public water system. When water corrodes iron pipes, the iron leaching into the water system can consume chlorine. This can eliminate the chlorine necessary to prevent the growth of microorganisms that can cause disease. With chlorine consumed by iron, the risk of infection by organisms such as legionella increases.
LAN Was Asked to Evaluate the Problems But Failed to Do So Properly 221. In November of2014, LAN was on actual notice of the need to assess the factors contributing to high TTHM levels following the water source change because LAN was engaged to evaluate this issue by Flint and provide a report of its findings, which it did in August of2015. 222. LAN issued a 20-page Operational Evaluation Report on November 26, 2014, intended to address compliance with EPA and MDEQ operations and regulations. LAN failed to address the hazard of lead associated with the corrosive water flowing through the pipes in Flint. 223. On January 2, 2015, the City of Flint mailed a notice to its water customers indicating that it was in violation of the Safe Drinking Water Act due to the presence of TTHMs, which was a product of attempting to disinfect the water. It was claimed that the water was safe to drink for most people with healthy immune systems. 224. The fact that the Flint River water contained such high levels ofbacteria is a product of LAN' s failure to recommend or implement corrosion control. 225. In late 2014 or early 2015, a study by the Michigan Department of Health and Human Services ("MDHHS") demonstrated a dramatic spike in elevated blood lead levels in Flint's youngest children. This spike meant that the percent of Flint children with known elevated blood lead level tests rose from 2.5% to about 7% in the Third Quarter of 2014, which coincided precisely with the exposure of Flint's children to the toxic water of the untreated Flint River, in
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their homes, schools and other public locations. On January 9, 2015, the University ofMichiganFlint discovered lead in campus drinking fountains.
Veolia Was Hired to Evaluate and Respond to the Water Problem 226. On January 29, 2015, Veolia submitted to Flint its "Response to Invitation to Bid for Water Quality Consultant", Proposal No. 15-573. Veolia proposed "to address the immediate reliability and operational needs" of Flint's water system. 227. Flint had requested engineering services:
a. To review and evaluate "the City's water treatment process . . . and procedures to maintain and improve water quality";
b. To develop and report with recommendations ''to maintain compliance with both State of Michigan and federal agencies"; and
c. To assist the City in implementing the recommendations. 228. Veolia, acknowledged that "addressing the fundamental issues concerning water quality compliance and operational reliability is much more complex than the recommendations study and advisory services outlined [in City of Flint's request]." Veolia proposed to respond to Flint's requested scope of work by:
a. Calibrating "daily water quality samples with the City's hydraulic model"; b. Refining "the operational strategies for the plant and distribution system"; c. Coordinating "daily efforts across plant, operations and maintenance staff';
and d. Alleviating "continued concerns from the public communications process". 229. In February of 2015, Veolia was hired through a resolution that incorporated a standard of performance clause, which stated that "the City is relying upon the professional reputation, experience, certification, and ability of [Veolia]."
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230. Defendant Veolia's task was to review Flint's public water system, including treatment processes, maintenance procedures, and actions taken. As water treatment professionals, Veolia had an opportunity to catch what LAN and Rowe had missed or refused to warn aboutcorrosive water was being pumped through lead pipes into the homes of Flint residents without corrosion control.
231. On February 10, 2015, Veolia and the City issued a joint press release to the community at large, indicating that Veolia was an "urban water expert" in "handling challenging river water sources" and that it would essentially be evaluating all of the City's water treatment processes.
232. The press release contained no limitation on Veolia's scope of work. David Gadis, the Vice President of Veolia North America's Municipal & Commercial Business stated, 44We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint." He continued, 4'We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water." Based on these representations, the people ofFlint had every reason to rely on Veolia' s subsequent representations of safety.
233. On February 12, 2015, Rob Nicholas, Veolia's Vice President stated: "We're going to look at the numbers, we're going to look at the plant, we're going to decide how the equipment's functioning, look at the raw water, look at the finished water, decide how it's getting through the pipe to the house, and from that, decide how to fix each of those problems as we go forward."
234. Despite its representations that it would conduct a thorough, all-encompassing review of the Flint Water system, it took Veolia only 6 days to issue an interim report on its
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fmdings, which it presented to a committee of Flint's City Council on February 18, 2015. Per the interim report, the only issue not in Veolia's scope of study was ''why the change from [Lake Huron water via the Detroit system pipeline to Flint River water] or the history of the utility."
235. In the interim report, Veolia indicated that Flint's water was "in compliance with drinking water standards." It also noted that "[s]afe [equals] compliance with state and federal standards and required testing." Veolia effectively declared publicly that Flint's poisonous water was safe.
236. Veolia's interim report also noted that the discoloration in Flint's water "raises questions," but "[d]oesn't mean the water is unsafe." It noted that among Veolia's "next steps" were to "carry out more detailed study of initial findings" and "[m]ake recommendations for improving water quality."
237. In response to potential questions about "[m]edical problems," Veolia's interim report dismissively claimed that "[s]ome people may be sensitive to any water."
238. Veolia issued its final "Water Quality Report" dated March 12, 2015. 239. In the final report, Defendant Veolia noted that it had conducted a "160-hour assessment ofthe water treatment plant, distribution system, customer services and communication programs, and capital plans and annual budget." The final report claims that "a review of water quality records for the time period under our study indicates compliance with State and Federal water quality regulations." 240. The final report states that "the public has also expressed its frustration of discolored and hard water. Those aesthetic issues have understandably increased the level of concern about the safety of the water. The review of the water quality records during the time of
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Veolia's study shows the water to be in compliance with State and Federal regulations, and based on those standards, the water is considered to meet drinking water requirements."
241. Specifically addressing the lack of corrosion control, the final report notes that "[m]any people are frustrated and naturally concerned by the discoloration of the water with what primarily appears to be iron from the old unlined cast iron pipes. The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water. Polyphosphate addition will not make discolored water issues go away. The system has been experiencing a tremendous number of water line breaks the last two winters. Just last week there were more than 14 in one day. Any break, work on broken valves or hydrant flushing will change the flow ofwater and potentially cause temporary discoloration."
242. Therefore, in addition to missing the connection between the lack of corrosion control and lead contamination, Defendant Veolia made a permissive "could" suggestion aimed only at reducing aesthetic deficiencies while suggesting that Flint's drinking water met all applicable requirements and was safe to drink.
243. As a result of Veolia's actions, the residents of Flint, including Plaintiffs and the Class Members, continued to be exposed to poisonous water beyond February and March of2015.
LAN and Veolia Fail to Conduct a Root Cause Analysis. 244. Both LAN and Veolia were hired to ensure Flint's water system was protective of human health and compliant with federal and state environmental statutes. In February 2015, LAN issued its report "Trihalomethane Formation Concern," and on March 12, 2015, Veolia issued its report, "Flint Michigan Water Quality Report." Critically absent from both reports was a root cause analysis of why the high TTHM levels existed.
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245. A root cause analysis is the standard process used by engineers to detennine the

origin, case and interrelationship of events. It is a standard practice used by environmental, health,

safety and infrastructure engineers whenever an adverse event occurs. Understanding why an event

occurred is critical to developing effective recommendations for dealing with an event. It is

important to note that a root cause analysis would not have required invasive testing, just

consideration of the facts known to date and drawing a conclusion about their interrelationship.

Had such an analysis been done, the consultants would have discovered the corrosion ofthe pipes,

and the presence of lead and legionella in the water system.

246. The causal relationship of events leading to the high TTHM levels is not complex

science. It is widely known in the scientific community that:

•

Road salt from decades of deicing contaminates northern rivers such as the Flint

River;

•

Road salt contains chloride, which is highly corrosive to steel and lead pipes and

that such pipes are used throughout Michigan and Flint;

•

Chloride strips pipes of protective surfaces which frees legionella and lead;

•

Urban rivers contain high levels of E. coli;

•

While chlorine is effective in treating E. coli, it becomes far less effective when

bare metal has been exposed because the chlorine preferentially reacts with the

metal;

•

The need to add excessive chlorine is indicates that bare metal has been exposed,

and that corrosion is occurring; and

•

Excessive chlorination causes high TTHM levels.

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:.

247. LAN's and Veolia's failure to conduct a root cause analysis recognizing the

corrosion's role in Flint's water problems is truly inexplicable because as detailed above all of

these events had been highly publicized before they issued their report:

•

The Flint River had been highly impacted by road salt for decades-the river had

eight times more salt than water supplied by the DWSD;

•

Lead and steel pipes are ubiquitous in the United States, Michigan and Flint;

•

In the summer of 2014, Flint suffered one of the worst outbreaks of Legionnaires'

disease in U.S. history;

•

On October 14, 2014, GM stopped using the City's water because of corrosivity.

It was reported the next day in the press;

•

On January 9, 2015, the University of Michigan - Flint shut its water fountains

because lead exceed federal standards; and

•

In February 2015, if not before, lead in drinking water in other locations also exceed

the standards.

248. Any of these red flags, and indeed the general knowledge in the scientific

community, should have alerted LAN and Veolia to the extensive corrosion and resultant release

of lead and legionella in the City's drinking water system.

249. For example, it should have been obvious to LAN and Veolia- as professed experts

on water quality and treatment issues - that a small river in an urban environment, such as the Flint

River, would be contaminated by chlorides from salt used in road de-icing operations during many

Michigan winters. Moreover, a simple comparison of the chloride levels in the Flint River with

that provided by the DWSD, Flint's prior water source, should have quickly alerted LAN and

Veolia to potentially serious corrosion issues. The Flint River water also had an extremely high

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chloride-to-sulfate mass ratio ("CSMR") of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-to-sulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint's CSMR posed serious corrosion risks.
250. The City's inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the U.S. EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine is caused by corroded pipes. Flint's inability to treat E. coli with moderate amounts of chlorine - and the resulting high TTHM concentrations- should have placed LAN and Veolia on notice that Flint's pipes were corroding and releasing lead and other materials into the drinking water supply.
251. The uptick in reported cases of Legionnaires' disease, reported during a press conference prior to LAN's and Veolia's retention, should also have put LAN and Veolia on notice that Flint's water system exhibited signs of corrosion. legionella, the bacteria that causes Legionnaires' disease, grows on the film on the inside of pipes, which when stripped away by corrosion frees the legionella into the drinking water system. Outbreaks of Legionnaires' disease are rare unless pipes have been stripped of their bio-film by warm, corrosive water-which is exactly what exists in the Flint River and water supply. Yet neither LAN nor Veolia drew a connection between the outbreak and the cause ofthe outbreak. Nor for that matter, did they make any recommendations to treat the water to prevent or abate an outbreak.
252. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into
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the drinking water supply. "Lead has been a challenge and a bane for water suppliers since historical times.... The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands ofcases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births." Dr. Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 201 0). As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: "Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem. . . Solubility and dissolution rates of corrosion products are affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual." These are the exact conditions that existed in Flint's water supply.
253. Finally, just the color of Flint's water should have led any reasonable engineer to the conclusion that Flint's pipes were dangerously corroded. The source of Flint's water discoloration was rust, a product of steel and lead corrosion. The presence of rust in the water should have alerted LAN and Veolia that Flint's water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
LAN and Veolia's Conclusion's Made the Situation Worse 254. The conditions leading to the release of lead are heavily regulated by the federal government, and indeed Veolia agreed in its scope of work with the City to determine whether such regulatory standards had been met. The federal government mandates the implementation of corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water
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motivated the passage of the LCR in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg!L. See 40 C.F.R. pt. 141, sub. E and I. Flint's own sampling analysis indicated that its system violated the LCR standards.
255. Veolia, however, failed to conduct any analysis. Nevertheless, it made the false statement in its March 12, 2015 report that its "review of water quality records for the time period under our study indicates compliance with State and Federal water regulations." Veolia and LAN knew or should have known that the Flint water system was in violation of federal safe drinking water standards. Veolia's statement that Flint's water system complied with the LCR prolonged the crisis to this day.
256. Another reason for the corrosion of pipes is the drinking water's acidity. It is well known that the decay of pathogens and other organic materials such as those found in the Flint River causes water to become more acidic.
257. It is also well known to water quality engineers that the addition of acidic water quality treatment chemicals, such as ferric chloride which is used as a coagulant to settle out particles at the water treatment plant, can further increase the water's acidity. According to U.S.EPA, "[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation." U.S. EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999).
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:
• 258. Veolia should have recommended maintaining the drinking water's neutral pH by
adding phosphate, but instead, in direct contradiction of federal authorities, recommended
increasing the dosage of ferric chloride - a very potent, corrosive acid. According to the Centers
for Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . . Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home.... The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion ofpipes in the distribution system.... The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.
Centers for Disease Control and Prevention, Fluoridation ofDrinking Water and Corrosion ofPipes in Distribution Systems Fact Sheet, http://www.cdc.gov/fluoridation/factsheets/engineering/corrosion.htm (last updated July 10, 2013).
259. Nowhere did Veolia recommend that the City take steps to institute corrosion
control to prevent lead and legionella from spreading throughout the City's water supply. Veolia
merely suggested the implementation ofcorrosion control (here the addition ofphosphates or other
corrosion controls) as a possible, but not wholly effective means for minimizing water
discoloration. There was no mention of the need to add corrosion control to prevent the release
of lead and legionella. Veolia' s report states, "The water system could add a polyphosphate to
the water as a way to minimize the amount of discolored water." (Emphasis added). The report
explains that, "Polyphosphate addition will not make discolored water issues go away." (Emphasis
added). Thus, rather than recognizing that corrosion control was required to render Flint's water
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system compliant with federal regulations and prevent catastrophic corrosion, Veolia merely suggested adding phosphate to address water discoloration. Even Veolia's suggested dosage to address discoloration, 0.5 mg!L was far too low. In February 2016, the City was adding four to eight times as much phosphate, 2 to 4 mg!L.
260. Veolia's conclusion that no efforts needed to be undertaken to maintain the neutrality of the water supply, was presented as a scientific certainty, however. Its March 2015 report stated that prior to arriving at its conclusions, Veolia undertook "laboratory testing" and concluded that, "[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended." Veolia acknowledged that its recommended increase was significant: "This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year."
261. At the same time that Veolia gave the unqualified opinion that the current dosage is "too low," and should be doubled, Veolia knew that the City had no corrosion control protocol and knew (or should have known) that significant corrosion was already occurring. Veolia's directive that the City double its dosage of ferric chloride was unqualified and in no way warned that acidic water would increase corrosion.
262. In August, 2015, LAN made the same recommendation to increase the dose offerric chloride.
263. LAN and Veolia should have told the City to reduce the concentration of ferric chloride, and that adding phosphate as a pH buffer was mandatory. No such recommendation was made, and as a result, the lead and legionella courses through the City's water supply to this day. Moreover, LAN and Veolia should have made recommendations to treat the acidity resulting from the decay of biotic material in the water distribution system.
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:.

264. A graph prepared by the Flint Water Study Group from Virginia Tech University

shows that the pH of Flint's water distribution system became more acidic after the Veolia Report

was issued in March, even as the pH in the Flint River became less acidic:

i 8.3
!
~ 8.1 I
J 7.9
a. I
i7.7 I

City of Flint - 2015
- Ftint RiwrSoLII'CO Water pH (Awrqe) - Ftlnt Treatad Watar pH (Avarlfla)
controt•

I 7.5 ~

5/1: "Requirlnga <corrosloncontrol>studyat thecurrentttme

. J--=:_~oflittletonovaluelnthelongterrncontrol of<lead>.•

73

7.

.llln

Mer

MIIY

Jun

Jul

AUI

265. The graph above shows that the Flint River had a harmless pH at or above 8.0 for

all of20 15, and steadily increased after June. By comparison, the graph shows that the pH in Flint's

municipal water supply started dropping steadily from 7.9 in March Gust after Veolia made its

recommendation to double the ferric chloride concentration) to 7.3 in August. This difference is

significant. pH is measured on a logarithmic scale, which means that a pH of one whole number,

such as 7.0 is ten times more corrosive than a pH of another whole number, such as 8.0. The drop

in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint's water.

266. On June 24, 2015, the U.S. EPA reached a similar conclusion about the City's

addition of ferric chloride: In addition, following the switch to using the Flint River, the City of Flint began adding ferric

chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to

reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio

in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the

plumbing network. See Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from

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.:
Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added).
267. Both LAN and Veolia analyzed the pH in Flint's water. Both made recommendations about the addition of chemicals that decrease pH, when they should have made recommendations to increase pH. Both were negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or decreased the dosage of ferric chloride, less lead and legionella would have been released into Flint's water supply.
268. Not only were LAN and Veolia hired for the express purpose of determining the cause ofFlint's water problems and identifying the corrective measures necessary to render Flint's water system compliant with state and federal regulations, they were hired to give assurances to the residents that their water was, quite simply, safe to drink. LAN and Veolia informed Flint residents that the water was safe to drink even though both LAN and Veolia knew that the water was not safe to drink.
CLASS ALLEGATIONS 269. Plaintiffs request certification pursuant to MCR 3.501 on behalf of a proposed damages class defined as follows: all individuals and entities who from April25, 2014 to present were exposed to toxic Flint water or who owned property within the City of Flint and experienced injuries and damages to their person or property. 270. The number of class members is sufficiently numerous to make class action status the most practical method for Plaintiffs to secure redress for injuries sustained. MCR 3.501(A)(l)(a).
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271. There are questions of law and fact raised by the named Plaintiffs' claims common to those raised by the Class Members they seek to represent. Such common questions predominate over question affecting only individual members of the Class. The violations of law and resulting harms alleged by the named Plaintiffs are typical of the legal violations and harms suffered by all Class members. MCR 3.501(A)(l)(b) and (e).
272. Plaintiff Class representatives will fairly and adequately protect the interests ofthe Plaintiff Class members. Plaintiffs' counsel are unaware of any conflicts of interest between the Class representatives and absent Class members with respect to the matters at issue in this litigation; the Class representatives will vigorously prosecute the suit on behalf of the Class; and the Class representatives are represented by experienced counsel. Plaintiffs are represented by attorneys with substantial experience and expertise in complex and class action litigation involving personal and property damage. MCR 3.501(A)(l)(d).
273. Plaintiffs' attorneys have identified and thoroughly investigated all claims in this action, and have committed sufficient resources to represent the Class.
274. The maintenance of the action as a class action will be superior to other available methods of adjudication and will promote the convenient administration ofjustice. Moreover, the prosecution of separate actions by individual members of the Class could result in inconsistent or varying adjudications with respect to individual members of the Class and/or one or more of the Defendants. MCR 3.501(A)(2)(a)(i).
COUNT I- GROSS NEGLIGENCE Defendants Busch, Cook, Prysby, Wurfel, Shekter-Smith, Rosenthal,
Peeler, Scott, Croft, Glasgow and Johnson 275. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein.
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276. The individual :rviDEQ, MDHHS and Flint Defendants (collectively MDEQ!MDHHS/FLINT Defendants) were prohibited from carrying out their duties to Plaintiffs in a grossly negligent manner.
277. The MDEQ/MDHHS/FLINT Defendants engaged in grossly negligent conduct defined as conduct so reckless as to demonstrate a substantial lack ofconcern for whether an injury results.
278. The MDEQIMDHHS/FLINT Defendants were grossly negligent in making or approving the decision to substitute safe water supplied by the City of Detroit with highly corrosive, polluted and unsafe water from the Flint River.
279. This conduct was so reckless as to demonstrate a substantial lack of concern for whether an injury occurred, insofar as these Defendants knew from experience, training and many other reliable sources that the water from the Flint River was polluted with dangerous chemicals, organic material and was highly corrosive and requiring corrosion and pollution control treatment in order for avoid lead poisoning, serious internal and external bodily injuries and diseases of the Flint water users who received their water from the WTP.
280. The grossly negligent conduct of the MDEQ/MDHHS/FLINT defendants deprives them of a governmental immunity defense. MCL 691.1407(c).
281. These Defendants were grossly negligent because of their: a. Participation in the decision or acquiescence to substituting safe DWSD water with unsafe Flint River water; b. Failing to require pollution and corrosion control treatment of Flint River water; c. Failing to conduct proper testing of Flint's water; d. Failing to require proper testing of Flint's water; e. Failing to respond to evidence that Flint's water was improperly treated;
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;.

f.

Misrepresenting that pollution and corrosion control treatment had been

implemented;

g. Publicly declaring unsafe water to be safe to drink;

h. Withholding information about the dramatic uptick in illnesses caused by legionella bacteria or the uptick in pulmonary disorders suspected to be related to exposure to contaminated water;

i.

Ignoring evidence that Flint's water was unsafe to drink;

J.

Withholding information that showed that Flint's water was unsafe to drink;

k. Publicly discrediting those who claimed that Flint's water may not be safe to drink; and

I. Failing to warn Plaintiffs the public that Flint's water was not safe to drink.

282. The MDEQIMDHHS/FLINT Defendants' grossly negligent conduct was the

proximate cause of the Plaintiffs' injuries and were entirely foreseeable.

283. The MDEQIMDHHS/FLINT Defendants' conduct was also grossly negligent after

the re-connection to City of Detroit water in October 2015 because Defendants continued to

knowingly permit Flint water users, including Plaintiffs and the entire Plaintiffclass, to be exposed

to dangerous water when they knew that the Detroit water was still not safe to use, and/or fail to

effectively provide alternative sources of safe water and/or fail to adequately distribute or utilize

water filters designed to be effective against all known risks.

284. The MDEQIMDHHS/FLINT Defendants' liability to the Plaintiff Class includes,

without limitation, lead poisoning and other internal injuries, external injuries such as

dermatological disorders, bacterial infections including Legionella and related disorders causing

injuries and death, hair loss and similar conditions; emotional distress, pain and suffering with

severe symptoms similar to the symptoms associated with Post Traumatic Stress Disorder; major

disruption to their normal lives including denial of ordinary social pleasures; some or all of the

injuries experienced by the Class are permanent; medical expenses, wage loss, consequential

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economic losses; brain and/or developmental injuries including (without limitation) cognitive deficits and lost earning capacity, property damage to the service pipes and plumbing, appliances in their homes, a diminution in property values, and other property damages.
COUNT II- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS Defendants Busch, Cook, Prysby, Wurfel, Shekter-Smith, Rosenthal,
Wells, Peeler, Scott, Croft, Glasgow and Johnson 285. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein. 286. The MDEQ/MDHHS/FLINT Defendants' outrageous conduct in causing, prolonging, and obscuring Plaintiffs' exposure to toxic, polluted, corrosive, and lead and bacteria contaminated Flint River water exceeds all bounds of decency in a civilized society. 287. The MDEQ/MDHHS/FLINT Defendants' outrageous conduct was intentional and/or reckless and made with a conscious disregard for the rights and safety of Plaintiffs. 288. The MDEQ/MDHHS/FLINT Defendants' outrageous conduct caused severe distress to Plaintiffs. 289. The MDEQIMDHHS/FLINT Defendants' outrageous conduct was a proximate cause of Plaintiffs' injuries. 290. The conduct of the MDEQ/MDHHS/FLINT Defendants' was carried out in bad faith and with malice thereby depriving these Defendants of a governmental immunity defense under Odom v Wayne County, 482 Mich 459,479-480 (2008). 291. The MDEQIMDHHS/FLINT Defendants were in a special relationship with the Class because the Class trusted and relied on the expertise of these Defendants to provide safe drinking water and to provide proper advice if a problem with the water arose. 292. As a proximate cause of these Defendants' Intentional Infliction of Emotional
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:
Distress, Plaintiff Class experienced severe emotional distress, pain and suffering with severe symptoms similar to the symptoms associated with Post Traumatic Stress Disorder; major disruption to their normal lives including denial of ordinary social pleasures; some or all of the injuries experienced by the Class are permanent; medical expenses, wage loss, consequential economic losses; brain and/or developmental injuries including (without limitation) cognitive deficits.
COUNT III-GROSSLY NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS Defendants Busch, Cook, Prysby, Wurfel, Shekter-Smith, Rosenthal, Wells, Peeler, Scott, Croft, Glasgow and Johnson
293. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein.
294. The MDEQ/MDHHS/FLINT Defendants' inflicted emotional distress on the Class in a grossly negligent manner by engaging in outrageous conduct in causing, prolonging, and obscuring Plaintiffs' exposure to toxic, polluted, corrosive, and lead and bacteria contaminated Flint River water exceeds all bounds of decency in a civilized society.
295. The MDEQ/MDHHS/FLINT Defendants' outrageous conduct was grossly negligent and/or reckless and made with a conscious disregard for the rights and safety of Plaintiffs.
296. The MDEQIMDHHS/FLINT Defendants' outrageous conduct caused severe distress to Plaintiffs.
297. The MDEQ/MDHHS/FLINT Defendants' outrageous conduct was a proximate cause of Plaintiffs' injuries.
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298. The MDEQIMDHHS/FLINT Defendants were in a special relationship with the Class because the Class trusted and relied on the expertise of these Defendants to provide safe drinking water and to provide proper advice if a problem with the water arose.
299. The conduct of the MDEQ/MDIDIS/FLINT Defendants' was carried out in bad faith and with malice thereby depriving these Defendants of a governmental immunity defense under Odom v Wayne County, 482 Mich 459,479-480 (2008).
300. As a proximate cause of these Defendants' Intentional Infliction of Emotional Distress, Plaintiff Class experienced severe emotional distress, pain and suffering with severe symptoms similar to the symptoms associated with Post Traumatic Stress Disorder; major disruption to their normal lives including denial of ordinary social pleasures; some or all of the injuries experienced by the Class are permanent; medical expenses, wage loss, consequential economic losses; brain and/or developmental injuries including (without limitation) cognitive deficits.
COUNT IV- ASSAULT AND BATTERY Defendants Busch, Cook, Prysby, Wurfel, Shekter-Smith, Rosenthal,
Wells, Peeler, Scott, Croft, Glasgow and Johnson 301. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein. 302. The conduct of the MDEQ/MDIDIS/FLINT Governmental Defendants amounted to an assault and battery because each of these Defendants, without the consent of Plaintiffs, put into motion a known harmful substance (corrosive, polluted and dangerous Flint River water) and it was substantially certain that Plaintiffs would be harmed in their person and property by exposure to said harmful substance.
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303. The MDEQIMDHHS/FLINT Defendants' conduct was a proximate cause of Plaintiffs' injuries.
304. The MDEQ/MDHHS/FLINT Defendants were in a special relationship with the Class because the Class trusted and relied on the expertise of these Defendants to provide safe drinking water and to provide proper advice if a problem with the water arose.
305. The conduct of the MDEQ/MDHHS/FLINT Defendants' was carried out in bad faith and with malice thereby depriving these Defendants of a governmental immunity defense under Odom v Wayne County, 482 Mich 459,479-480 (2008).
306. The MDEQ/MDHHS/FLINT Defendants' liability to the Plaintiff Class includes, without limitation, lead poisoning and other internal injuries, external injuries such as dermatological disorders, bacterial infections including Legionella and related disorders causing injuries and death, hair loss and similar conditions; emotional distress, pain and suffering with severe symptoms similar to the symptoms associated with Post Traumatic Stress Disorder; major disruption to their normal lives including denial of ordinary social pleasures; some or all of the injuries experienced by the Class are permanent; medical expenses, wage loss, consequential economic losses; brain and/or developmental injuries including (without limitation) cognitive deficits and lost earning capacity, property damage to the service pipes and plumbing, appliances in their homes, a diminution in property values, and other property damages.
307. As a proximate cause of these Defendants' assault and battery, Plaintiff Class experienced severe emotional distress, pain and suffering with severe symptoms similar to the symptoms associated with Post Traumatic Stress Disorder; major disruption to their normal lives including denial of ordinary social pleasures; some or all of the injuries experienced by the Class
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are permanent; medical expenses, wage loss, consequential economic losses; brain and/or developmental injuries including (without limitation) cognitive deficits.
COUNT V- WRONGFUL DEATH Michael Snyder, Personal Representative of the Estate of John Snyder v All Defendants
308. Plaintiff Michael Snyder incorporates by reference all the above allegations as though stated in full herein.
309. This action for Wrongful Death is brought pursuant to MCL 600.2922. 310. MDEQ/MDiffiS/FLINT Defendants intentionally or in a gross negligent manner created the conditions which caused the decedent to be exposed to legionella bacteria stemming from his exposure to the Flint River water or failed to warn and concealed from him and those responsible for his care the dangers inherent in exposure to the Flint River water after having acquired knowledge that there was an imminent and immediate threat of serious injury or death caused by the legionella bacteria found in the Flint River water. 311. The Engineering Defendants negligently created the conditions which caused the decedent to be exposed to legionella bacteria stemming from his exposure to the Flint River water or failed to warn and concealed from him and those responsible for his care the dangers inherent in exposure to the Flint River water after having acquired knowledge that there was an imminent and immediate threat of serious injury or death caused by the legionella bacteria found in the Flint River water. 312. The ELCRA engaged in racially discriminatory practices as alleged in Count IX below which were a significant factor in causing the decedent to be exposed to the deadly legionella bacteria.
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313. The conduct of the MDEQ/MDilliS/FLINT Defendants was the proximate cause of the decedent's exposure to the deadly legionella bacteria and his resulting death.
314. The conduct ofthe Engineering and ELCRA Defendants played a significant factor in causing the decedent's exposure to the deadly legionella bacteria and his resulting death.
315. Surviving the decedent are his sons Michael and John and daughter Mary-Anne Tribble and six grandchildren.
316. As a result of the wrongful conduct alleged in this complaint, the decedent experienced pain and suffering before death; his survivors have been and will in the future be deprived of his love, companionship and society and financial support; the estate has incurred medical and burial/funeral expenses which should be reimbursed by Defendants.
COUNT VI- BREACH OF CONTRACT Plaintiffs v Defendant City of Flint
317. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein.
318. Defendant City of Flint was obligated by its contract with Plaintiffs to supply water that was safe for use.
319. Defendant City of Flint breached its contract with Plaintiffs by failing to provide corrosion and pollution control treatment to Flint River water, thereby causing the water that it delivered to Plaintiff and the members of the Class to be unsafe for use.
320. Defendant City of Flint's breach of contract was material. 321. Plaintiffs are entitled to recovery of payment to Defendant City of Flint for water sold on and after April25, 2014.
COUNT VII- BREACH OF THE IMPLIED WARRANTY OF MERCHANTABILITY
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Plaintiffs v Defendant City of Flint 322. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein. 323. Defendant City ofFlint was a merchant with respect to the water is sold to Plaintiffs. 324. Defendant City ofFlint impliedly warranted that the water it sold was merchantable as provided in MCL 440.2314 and otherwise by law. 325. The water sold by Defendant City of Flint since April25, 2014 has not been fit for the ordinary purpose for which water is used. 326. Because the water has not been fit for the ordinary purposes for which water is used, Defendant City of Flint has breached the implied warranty of merchantability. 327. Defendant City of Flint's breach of implied warranted of merchantability was material. 328. Plaintiffs are entitled to recovery of payments made to Defendant City of Flint for water sold on and after April 25, 2104.
COUNT VIII- IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE Plaintiffs v Defendant City of Flint
329. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein.
330. Defendant City of Flint had reason to know that the water it was selling was to be used for drinking, cooking, food preparation, washing, cleaning and other purposes that required water to be free of toxins.
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331. Defendant City of Flint had reason to know that consumers were relying on its skill and compliance with laws and regulations to furnish water that was suitable for those purposes.
332. Defendant City of Flint impliedly warranted that the water it sold was fit for those purposes as provided by MCL 440.2315 and otherwise by law.
333. The water sold by Defendant City of Flint since April25, 2014 has not been fit for those purposes.
334. Because the water has not been fit for those purposes, Defendant City of Flint breached the implied warranty of fitness.
335. Defendant City of Flint's breach of its implied warranty of fitness was material. 336. Plaintiffs are entitled to recovery of payments made to Defendant City of Flint for water sold on and after April 25, 2014. COUNT IX -MCL 37. 2302- VIOLATION OF PUBLIC SERVICE PROVISONS OF
ELCRA-DISPARATE TREATMENT AND DISPARATE IMPACT Plaintiffs v Snyder, State of Michigan, Dillon, Wright, Walling, Ambrose, Kurtz, Earley
and Flint 337. Plaintiffs incorporate by reference all preceding allegations set forth above as if fully stated herein. 338. Flint and Walling and Emergency Managers Kurtz, Ambrose and Earley represent a public facility, agency, board owned and operated by a political subdivision ofthe state established to provide public service to the public within the meaning ofMCL 37.230l(b). 339. If not "provider[s]" of a public service, Wright, Walling, Ambrose, Kurtz, Earley are liable under MCL 37.270l(b) because they aided or abetted the "provider" to violate MCL 37.2302(a). 340. Snyder, State of Michigan and Dillon are liable under MCL 37.2701(b) because
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they aided the "provider" of water services to Plaintiffs in the acts which denied Plaintiffs of the full and equal enjoyment of water services because of race.
341. The Defendants identified in this Count shall be referred to as "ELCRA DEFENDANTS"
342. The ELCRA DEFENDANTS were under a statutory duty to either provide water services to Plaintiffs so that they would not be denied the full and equal enjoyment of public water service on account of race, or they aided and abetted the public service provider to deny Plaintiffs full and equal enjoyment of public water service an account of race.
343. In 2013, the ELCRA DEFENDANTS were required to develop an Interim Plan to deliver water to Genesee County and Flint while the KWA water system was being built. This Interim Plan would be in effect for more than 2.5 years (April 25, 2014 until approximately October 2016 when the KWA water system would become operational).
344. The ELCRA DEFENDANTS knew that the water from the Flint River was grossly inferior to the water Flint and Genesee County citizens had been receiving from DWSD.
345. The ELCRA DEFENDANTS knew that the water from the Flint River would have to be processed at the Flint WTP which required millions of dollars of upgrades.
346. The ELCRA DEFENDANTS knew that using the raw water from the Flint River had been rejected as recently as 2011.
347. Recognizing these facts, the ELCRA DEFENDANTS devised or acquiesced to an Interim Plan that allowed the predominately white water users of Genesee County to receive the safe superior water from DWSD and the predominately black water users of Flint would have to accept during the interim period grossly inferior, previously rejected and potentially unsafe Flint River water.
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348. There was no rational economic justification for treating the predominately white water users from those areas of Genesee County outside ofFlint differently than the users of water from Flint, a predominately African American community. This is so because the cost of continuing with the finished water product from the DWSD for all water users (both Genesee County and Flint) would have been substantially less than the cost of upgrading the Flint WTP in order to safely process (assuming this was possible) the raw Flint River water.
349. Given the unexplained difference in treatment between these two groups of similarly situated water users, considering the absence of any rational economic or fiscal justification, and taking into account the racial makeup ofthe community that received the grossly inferior and dangerous water product, the deliberate decisions and actions of these conspiring Defendants in devising the Interim Plan can fairly be said to be the product ofracial discrimination in violation ofMCL 37.2302(a).
350. If Plaintiffs' community had been predominately white, Plaintiffs would have been treated just like their neighbors from the predominantly white neighbors in Genesee County, and they too would have received DWSD water as part of the Interim Plan.
351. Assuming that the policy to supply different quality water to the water users of Flint and the surrounding communities was race neutral, the ELCRA DEFENDANTS are liable under the MCL 37.2302(a) because the impact of that policy had a grossly disparate negative impact on the predominately African-American and poor water users in the City of Flint.
352. The ELCRA DEFENDANTS' liability to the Plaintiff Class includes, without limitation, lead poisoning and other internal injuries, external injuries such as dermatological disorders, bacterial infections including Legionella and related disorders causing injuries and death, hair loss and similar conditions; emotional distress, pain and suffering with severe
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symptoms similar to the symptoms associated with Post Traumatic Stress Disorder; major disruption to their normal lives including denial of ordinary social pleasures; some or all of the injuries experienced by the Class are permanent; medical expenses, wage loss, consequential economic losses; brain and/or developmental injuries including (without limitation) cognitive deficits and lost earning capacity, property damage to the service pipes and plumbing, appliances in their homes, a diminution in property values, and other property damages.
COUNT X- PROFESSIONAL NEGLIGENCE Plaintiffs v. LAN PC, LAN Inc. and LAD
353. Plaintiffs and the Class Members incorporate by reference all preceding allegations set forth above as if fully stated herein.
354. The LAN Defendants undertook, for consideration, to render services for the City of Flint, which they should have recognized as necessary for the protection of Plaintiffs and the Class Members.
355. The LAN Defendants undertook to perform a duty owed to Plaintiffs and the Class Members by the City of Flint and/or the State of Michigan.
356. Based on their undertaking, the LAN Defendants had a duty to Plaintiffs and the Class Members, as residents and property owners in the City of Flint, to exercise that degree of care consistent with the greater degree of knowledge and skill possessed by design professionals, as well as an ethical duty to report to public authorities the dangers posed to public health and property that would result from the failure to install and/or operate a proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
357. The LAN Defendants also owed a duty to Plaintiffs and the Class Members to notify the proper authorities of unethical illegal practices of others whose actions or decisions
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posed threats to public health and property that would result from the failure to install and/or operate a proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
358. The LAN Defendants' duties to Plaintiffs and the Class Members included, but were not limited to, a duty to properly administer the placing of the FWTP into operation using the Flint River as a primary source, a duty to do so in such a manner that would not endanger the health and property of Plaintiffs and the Class Members, a duty to take other actions consistent with the greater degree of knowledge and skill possessed by design professionals, and/or the duty to report to public authorities the dangers posed to public health and property that would result from the failure to install and/or provide proper anti-corrosive treatment when using the Flint River as a primary source of drinking water.
359. Plaintiffs and the Class Members relied on the LAN Defendants to perform their duties.
360. The LAN Defendants failed to exercise reasonable care in performing their duties, including in preparing for and executing the transition from treated DWSD water to untreated Flint River water.
361. The LAN Defendants failed to undertake reasonable care and conduct as a professional engineering firm.
362. The LAN Defendants failed to exercise reasonable care when they did not ensure that corrosion control measures were implemented in a water supply system containing lead pipes that was being transitioned onto a highly corrosive water source. Moreover, the LAN Defendants failed to conduct a root cause analysis and recommended the addition of ferric chloride to the Flint water supply without concomitant corrosion control.
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363. There is also an inference that the LAN Defendants breached their collective duties to Plaintiffs and the Class Members, since the spike in lead levels does not normally occur unless water is not properly treated, such as when there is a failure to use anti-corrosion treatments in providing finished water drawn from a water source and transported through a pipe system, when it is known or should have been known that such anti-corrosion treatments must be used to protect health and safety.
364. Plaintiffs and the Class Members suffered harm resulting from the LAN Defendant's failures to exercise reasonable care.
365. The LAN Defendants' failure to exercise reasonable care was direct and proximate cause of the Plaintiffs' and the Class Members' injuries, which were entirely foreseeable.
366. The LAN Defendants are liable to Plaintiffs and the Class Members for all harms resulting to them from the LAN Defendants' failures to exercise reasonable care.
367. As a direct and proximate result ofthe LAN Defendants' actions and/or omissions, Plaintiffs and the Class Members have been lead poisoned and have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair loss, skin rashes, digestive and other organ problems), bacterial infections including Legionella and related disorders causing injuries and death, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and , embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits and lost earning capacity.
368. Further, as a direct and proximate cause of the LAN Defendants' acts and omissions, Plaintiffs' and the Class Members' property has been damaged in the form of damaged
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pipes, service lines, and appliances in their homes, a diminution of property values, and other property damages.
369. The LAN Defendants' conduct and/or failure(s) to act constitutes gross negligence because they were so reckless that they demonstrated a substantial lack of concern for whether an injury would result.
370. In addition to the damages alleged above, Plaintiffs and the Class Members seek exemplary damages against the LAN Defendants.
371. The LAN Defendants' professional negligence was voluntary conduct that inspired humiliation, outrage, and indignity by the Plaintiffs and the Class Members.
372. The LAN Defendants' conduct was malicious, willful and wantonly as to disregard the Plaintiffs' and the Class Members' rights, for the following reasons:
373. The LAN Defendants knew that Plaintiffs and the Class Members were relying upon them to provide Flint with safe water;
374. The LAN Defendants knew that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs and the Class Members.
375. The LAN Defendants knew that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs and the Class Members.
376. As a result of the foregoing, Plaintiffs and the Class Members seek an award of exemplary damages from the LAN Defendants so as to deter such morally reprehensible conduct by the LAN Defendants and similarly situated corporations in the future.
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COUNT XI- PROFESSIONAL NEGLIGENCE Plaintiffs v. Rowe
377. Plaintiffs and the Class Members incorporate by reference all preceding allegations set forth above as if fully stated herein.
378. Rowe undertook, for consideration, to render services for the City of Flint, which it should have recognized as necessary for the protection of Plaintiffs and the Class Members.
379. Rowe undertook to perform a duty owed to Plaintiffs and the Class Members by the City of Flint and/or the State of Michigan.
380. Based on its undertaking, Rowe had a duty to Plaintiffs and the Class Members to exercise reasonable care.
381. Rowe failed to undertake reasonable care and conduct as a professional engineering firm.
382. Rowe failed to exercise reasonable care when it failed to insist upon the implementation of corrosion control chemical in a system containing lead pipes that was transporting highly corrosive water from the Flint River to the FWTP to the residents and property owners of Flint, including Plaintiffs and the Class Members.
383. Plaintiffs and the Class Members relied on Rowe to perform their duties. 384. Plaintiffs and the Class Members suffered harm resulting from Rowe's failure to exercise reasonable care. 385. Rowe's failure to exercise reasonable care was a direct and proximate cause of the Plaintiffs' and the Class Members' injuries, which were entirely foreseeable. 386. Rowe is liable to Plaintiffs and the Class Members for all harms resulting to them from Rowe's failures to exercise reasonable care.
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387. As a direct and proximate result of Rowe's actions and/or omissions, Plaintiffs and the Class Members have been lead poisoned and have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair loss, skin rashes, digestive and other organ problems), bacterial infections including Legionella and related disorders causing injuries and death, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits and lost earning capacity.
388. Further, as a direct and proximate cause of Rowe's acts and omissions, Plaintiffs' and the Class Members' property has been damaged in the form of damaged pipes, service lines, and appliances in their homes, a diminution of property values, and other property damages.
389. Rowe's conduct and/or failure(s) to act constitutes gross negligence because it was so reckless that it demonstrated a substantial lack of concern for whether an injury would result.
390. In addition to the damages alleged above, Plaintiffs and the Class Members seek exemplary damages against Rowe.
391. Rowe's professional negligence was voluntary conduct that inspired humiliation, outrage, and indignity by the Plaintiffs and the Class Members.
392. Rowe's conduct was malicious, willful and wantonly as to disregard the Plaintiffs' and the Class Members' rights for the following reasons:
393. Rowe knew or should have known that Plaintiffs and the Class Members were relying upon them to provide Flint with safe water;
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394. Rowe knew or should have known that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs.
395. Rowe knew or should have known that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs and the Class Members.
396. As a result of the foregoing, Plaintiffs and the Class Members seek an award of exemplary damages from Rowe so as to deter such morally reprehensible conduct by Rowe and similarly situated corporations in the future.
COUNT XII- PROFESSIONAL NEGLIGENCE Plaintiffs v. Veolia LLC, Veolia Inc., Veolia Water and Veolia S.A. 397. Plaintiffs and the Class Members incorporate by reference all preceding allegations set forth above as if fully stated herein. 398. The Veolia Defendants undertook, for consideration, to render services for the City of Flint, which they should have recognized as necessary for the protection of Plaintiffs and the Class Members. 399. The Veolia Defendants undertook to perform a duty owed to Plaintiffs and the Class Members by the City of Flint and/or the State of Michigan. 400. Based on their undertaking, the Veolia Defendants had a duty to Plaintiffs and the Class Members to exercise reasonable care. 40 I. Plaintiffs and the Class Members relied on the Veolia Defendants to perform the duty to inspect the City's water supply to make sure that it was safe.
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402. The Veolia Defendants failed to undertake reasonable care and conduct as a professional engineering finn.
403. The Veolia Defendants failed to exercise reasonable care in inspecting the city's water system and issuing its interim and final reports.
404. The Veolia Defendants failed to exercise reasonable care when they declared that Flint's drinking water met federal and/or state and/or all applicable requirements.
405. The Veolia Defendants failed to exercise reasonable care when they represented that Flint's drinking water was safe.
406. The Veolia Defendants failed to exercise reasonable care when they discounted the possibility that problems unique to Flint's water supply were causing medical harms.
407. The Veolia Defendants failed to exercise reasonable care when they failed to warn about the dangers of lead leaching into Flint's water system.
408. The Veolia Defendants failed to exercise reasonable care when they did not forcefully recommend the immediate implementation of corrosion control for purposes of preventing lead contamination in Flint's water supply.
409. The Veolia Defendants failed to exercise reasonable care when they recommended the addition of ferric chloride to the water, as ferric chloride exacerbated the problem of lead leaching and in fact made the lead poisoning worse.
410. The Veolia Defendants failed to exercise reasonable care when they recommended that phosphates not be added to the water, when phosphates would have prevented the lead leaching, and in fact made the lead poisoning worse.
411. The Veolia Defendants failed to exercise reasonable care when they failed to recommend that the water maintain a pH that was not corrosive to the pipes and appliances.
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412. The Veolia Defendants failed to exercise reasonable care when they failed to conduct a root cause analysis to determine the cause of the high TTHM levels, high lead levels, outbreak of Legionnaires disease, and high organics levels.
413. The Veolia Defendants failed to exercise reasonable care when they concluded that the City's water was safe, and when they concluded that the water complied with the LCR.
414. The Veolia Defendants failed to exercise reasonable care when they made recommendations that proximately caused lead and legionella spread into residents' homes.
415. The Veolia Defendants failed to exercise reasonable care when they made recommendations that proximately caused damage to residents' homes and personal property.
416. The Veolia Defendants' failures to exercise reasonable care to protect their undertaking directly and proximately caused the Plaintiffs' and the Class Members' injuries and were entirely foreseeable.
417. The Veolia Defendants are liable to Plaintiffs and the Class Members for all harms resulting to them from their failures to exercise reasonable care.
418. As a direct and proximate result of the Veolia Defendants' actions and/or omissions, Plaintiffs and the Class Members have been lead poisoned and have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair loss, skin rashes, digestive and other organ problems), bacterial infections including Legionella and related disorders causing injuries and death, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits and lost earning capacity.
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419. Further, as a direct and proximate cause of the Veolia Defendants' acts and omissions, Plaintiffs' and the Class Members' property has been damaged in the form of damaged pipes, service lines, and appliances in their homes, a diminution in property values, and other property damages.
420. The Veolia Defendants' conduct and/or failure(s) to act constitute gross negligence because it was so reckless that they demonstrated a substantial lack of concern for whether an injury would result.
421. In addition to the damages alleged above, Plaintiffs and the Class Members seek exemplary damages against Veolia.
422. The Veolia Defendants' professional negligence was voluntary conduct that inspired humiliation, outrage, and indignity by the Plaintiffs and the Class Members.
423. The Veolia Defendants' conduct was malicious, willful and wantonly as to disregard the Plaintiffs' and the Class Members' rights for the following reasons:
a. The Veolia Defendants knew or should have known that Plaintiffs and the Class Members were relying upon them to provide Flint with safe water;
b. The Veolia Defendants knew or should have known that the failure to include corrosion control chemicals posed threats to public health and property that would result in injury and damages to Plaintiffs and the Class Members; and/or
c. The Veolia Defendants knew or should have known that the failure to notify and/or report to the proper authorities of unethical or illegal practices of others whose actions or decisions posed threats to public health and property that would result in injury and damages to Plaintiffs and the Class Members.
424. As a result of the foregoing, Plaintiffs and the Class Members seek an award of exemplary damages from the Veolia Defendants so as to deter such morally reprehensible conduct by them and similarly situated corporations in the future.
COUNT XIII- FRAUD
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Plaintiffs v. Veolia LLC, Veolia Inc., Veolia Water and Veolia S.A. 425. Plaintiffs and the Class Members incorporate the preceding paragraphs as though fully stated herein. 426. Upon information and belief, the Veolia Defendants made false and material representations regarding the safety of Flint's water, the nature and cause of the water quality problems in Flint, and the risks to public health. 427. Upon information and belief, the false and· material representations include, but are not limited to, statements in the Veolia Defendants' 2015 Interim Report that: 428. Flint's water was "safe" and "in compliance with drinking water standards[.]" 429. The observed discoloration was merely aesthetic and not indicative ofwater quality or health problem, and 430. Medical problems are because "[s]ome people may be sensitive to any water." 431. Upon information and belief, the material representations and other acts and omissions of the Veolia Defendants constitute fraud. 432. Upon information and belief, the Veolia Defendants knew the representations were made recklessly without any knowledge about their veracity. 433. Upon information and belief, the Veolia Defendants made the representations with the intention that Plaintiffs and the Class Members would act and rely on them, which they did. 434. As a direct and proximate result, Plaintiffs and the Class Members suffered and continue to suffer injuries and damages.
REQUEST FOR RELIEF Plaintiffs request the following relief from the court:
a. Certifying this case a Class Action;
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b. An order An order for an award of compensatory damages;
c. An order for an award of actual reasonable attorney fees and litigation expenses;
d. That judgment be entered for Plaintiffs and Class members against Defendants for personal and property damages sustained as a direct and proximate cause of Defendants' conduct as well as any punitive damages or disgorgement monies owed to Plaintiffs and the Class;
e. That Plaintiffs and the Class recover pre-judgment and post-judgment interest as permitted by the law;
f. All damages available under the Michigan wrongful death statute re: Snyder Plaintiff; and
g. For such other and further relief as is just and proper under the circumstances.
Respectfully submitted,

By: Is/ Michael L. Pitt Michael L. Pitt (P24429) Cary S. McGehee (P42318) Beth M. Rivers (P33614) Peggy Goldberg Pitt (P31407) Pitt McGehee Palmer & Rivers, PC Attorneysfor Plaintiffs 11 7 W. Fourth Street, Suite 200 Royal0ak,MI48067 (248) 398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com ppitt@pittlawoc.com
William Goodman (P14173) Julie H. Hurwitz (P34720) Kathryn Broner James (P71374) Goodman & Hurwitz, PC Attorneysfor Plaintiffs
Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) Cynthia M. Lindsey & Associates, PLLC Attorneysfor Plaintiffs

Paul F. Novak (P39524) Gregory Stamatopoulos (P74199) Weitz & Luxenberg Attorneysfor Plaintiffs Trachelle C. Young (P63330) Trachelle C Young & Associates PLLC Attorneysfor Plaintiffs Deborah A. La Belle (P31595) Law Offices of Deborah A. La Belle Attorneysfor Plaintiffs Brian McKeen P34123 McKEEN & ASSOCIATES, PC Attorneysfor Plaintiffs
87

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.109 Page 109 of 229 Teresa Caine Bingman (P56807) The Law Offices Of Teresa A. Bingman, PLLC Attorneysfor Plaintiff Dated: February 13, 2017
88

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STATE OF MICHIGAN GENESEE COUNTY CIRCUIT COURT

Melissa Mays, individually and as next friend of three minor children CM 1, CM2 and CM3, Michael Adam Mays, Jacqueline Pemberton, Keith John Pemberton, Elnora Carthan, Rhonda Kelso, individually and as next friend of one minor child KEK, Brandyn Carpenter, Jesse Carpenter and Kimberly Carpenter individually and next friends to their two minor children CC and JC, Adam Murphy and Christina Murphy individually and as next friend to their five minor children KDCM, SMM,CM, LAM, DMM, Michael Snyder, Personal Representative of the Estate of John Snyder, deceased, all on behalf of themselves and a class of all others similarly situated,

CLASS ACTION Case No. 16-106112-CZ Hon. Richard Yuille

Plaintiffs, vs.

Governor Rick Snyder, State of Michigan, Daniel Wyant, Bradley Wurfel, Patrick Cook, Michael Prysby, Andy Dillon, Liane Shekter Smith, Adam Rosenthal, Stephen Busch, Nancy Peeler, Robert Scott Jeff Wright, Edward Kurtz, Darnell Earley, Gerald Ambrose, Dayne Walling, Howard Croft, Michael Glasgow and Daugherty Johnson, City of Flint, Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews & Newnam, Inc., Leo A. Daly Company, Rowe Professional Services Company,f/k/a Rowe Engineering, Inc., Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC, Veolia Environment, S.A.,

Jointly and Severally,

Defendants.

------------------------------------------------------------~/

William Goodman (P14173)

William Y.Kim (P76411)

Julie H. Hurwitz (P34720)

Assistant City Attorneys

Kathryn Broner James (P71374)

City ofFlint Department ofLaw

Goodman & Hurwitz, PC

Attorneysfor Natasha Henderson, Howard Croft,

Attorneysfor Plaintiffs

Michael Glasgow, and Daugherty Johnson

1394 E. Jefferson Ave. Detroit, MI 48207 (313) 567-6170 bgoodman@goodmanhurwitz.com

1101 S. Saginaw, 3rd Floor Flint, MI 48502 (810)766-7146 wkim@cityofflint.com

jhurwitz@goodmanhurwitz.com

Charles E. Barbieri (P31793)

89

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kjames@goodmanhurwitz.com
Michael L. Pitt (P24429) Cary S. McGehee (P42318) Beth M. Rivers (P33614) Peggy Goldberg Pitt (P31407) Pitt McGehee Palmer & Rivers, PC Attorneysfor Plaintiffs 11 7 W. Fourth Street, Suite 200 Royal0ak,MI48067 (248) 398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com ppitt@pittlawpc.com
Trachelle C. Young (P63330) Trachelle C Young & Associates PLLC Attorneysfor Plaintiffs 2501 N Saginaw St Flint, MI 48505-4443 (81 0) 239-6302 trachelleyoung@gmail.com
Deborah A. La Belle (P31595) Law Offices of Deborah A. La Belle Attorneysfor Plaintiffs 221 N Main St. Suite 300 Ann Arbor, MI 48104-1166 (734) 996-5620 deblabelle@aol.com
Paul F. Novak (P39524) Gregory Stamatopou1os (P74199) Weitz & Luxenberg Attorneysfor Plaintiffs 719 Griswold St, Suite 620 One Kennedy Square Detroit, MI 48226-3319 (313) 309-1760 pnovak@weitzlux.com gstamatopoulos@weitzlux.com
Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) Cynthia M. Lindsey & Associates, PLLC

Bruce A. Vande Vusse (P28547) Ray H. Littleton II (P69733) Allison M. Collins (P78849) Foster Swift Collins & Smith, P.C. Attorneysfor Patrick Cook, Michael Prysby and Adam Rosenthal 313 S. Washington Square Lansing, MI 48933 (517) 371-8155 cbarbieri@fosterswift.com
Thaddeus E. Morgan (P47394) Fraser Trebilcock Davis & Dunlap PC Attorney for Liane Shekter Smith 124 W Allegan St., Suite 1000 Lansing, MI 48933-1736 (517) 482-5800 tmorg@fraserlawfirm.com
Michael J. Pattwell (P72419) Clark Hill PLC Attorney for Bradley Wurfel 212 E Grand River Ave Lansing, MI 48906-4328 (517) 318-3043 mpattwell@clarkhill.com
Philip A. Grashoff, Jr. (P14279) Kotz Sangster Wysocki PC Attorney for Stephen Busch 36700 Woodward Ave, Suite 202 Bloomfield Hills, MI 48304-0930 (248) 646-2073 pgrashoff@kotzsangster.com
Frederick A. Berg, Jr. (P38002) Sheldon H. Klein (P41 062) Butzel Long Attorney for City ofFlint 150 W. Jefferson Avenue, Suite 100 Detroit MI 48226 (313) 225-7000 bergf@butzel.com klein(a),butze l.com
90

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Attorneysfor Plaintiffs 8900 E. Jefferson Avenue, Suite 612 Detroit, MI 48214-2859 (248) 766-0797 cynthia@cmlindseylaw .com shennane@cmlindseylaw.com
Teresa Caine Bingman (P56807) The Law Offices Of Teresa A. Bingman, PLLC Attorneysfor Plaintiff 1425 Ambassador Drive Okemos, Michigan 48864 (877) 957-7077 tbineman@tbinemanlaw.com

Brian McKeen P34123 McKEEN & ASSOCIATES, PC Attorneysfor Plaintiffs 645 Griswold Street, Suite 4200 Detroit, Michigan 48226 Telephone: (313) 961-4400 BjMcKeen@mckeenassociates.com

------------------------------------------------------------~/
DEMAND FOR TRIAL BY JURY

Plaintiffs demand a trial by jury as to all those issues triable as of right.

Respectfully submitted,

By: Is/ Michael L. Pitt Michael L. Pitt (P24429) Cary S. McGehee (P42318) Beth M. Rivers (P33614) Peggy Goldberg Pitt (P31407) Pitt McGehee Palmer & Rivers, PC Attorneysfor Plaintiffs 117 W. Fourth Street, Suite 200 Royal0ak,MI48067 (248) 398-9800 mpitt@pittlawpc.com cmcgehee@pittlawpc.com brivers@pittlawpc.com ppitt@pittlawpc.com
William Goodman (P14173) Julie H. Hurwitz (P34720) Kathryn Broner James (P71374) Goodman & Hurwitz, PC Attorneysfor Plaintiffs

Paul F. Novak (P39524) Gregory Stamatopoulos (P74199) Weitz & Luxenberg Attorneysfor Plaintiffs
Trachelle C. Young (P63330) Trachelle C Young & Associates PLLC Attorneysfor Plaintiffs
Deborah A. La Belle (P31595) Law Offices of Deborah A. La Belle Attorneysfor Plaintiffs
Brian McKeen P34123 McKEEN & ASSOCIATES, PC Attorneysfor Plaintiffs
Teresa Caine Bingman (P56807) The Law Offices of Teresa A. Bingman, PLLC Attorneysfor Plaintiff
91

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.113 Page 113 of 229 Cynthia M. Lindsey (P37575) Shermane T. Sealey (P32851) Cynthia M. Lindsey & Associates, PLLC Attorneysfor Plaintiffs Dated: February 13,2017
92

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Exhibit A

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March 2016
Commissioned by the Office of Governor Rick Snyder State of Michigan

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Table of Contents
Executive Summary···································································································-······················ 1 Summary Statement..........................................•........................................................•.....••.................... ! A Series ofGovernment Failures ....••..........•••••...........••••..•...••.••••....••••.••..••.••..•••••••••...••.....•••......•.•••.......1 FWATF Membership, Charge and Scope of Review ....••...•...••...•....•••.•..•........••.•••....•..••••.••••••..•....•.••...... 2 Acknowledgements ................................................................................................................................. 5 Findings ofthe Task Force ......................................................................................................................6
Recommendations of the Task Force .................................................................................................... 10 Background ..................................................................................................................................... 15
Flint~ Michigan ...................................................................................................................................... 15 Water Crisis ..........................................................................................................................................15 Summary Timeline of Key Events ..........................................................................................................16 Regulatory Context ............................................................................................................................... 22 Public Health Context ........................................................................................................................... 23 Roles of Government Entities in the Flint Water Crisis ..................................................................... 26 Michigan Department of Environmental Quality (MDEQ) .............................................................. 26 Defined Role.......................................................................................................................................... 26 Discussion .............................................................................................................................................27 Findings .................................................................................................................................................2 8 Recommendations ................................................................................................................................ 29 Michigan Department of Health and Human Services (MDHHS) .................................................... 30 Defined Role.......................................................................................................................................... 30 Discussion .............................................................................................................................................31 Findings.................................................................................................................................................33 Recommendations ................................................................................................................................34 Michigan Governor's Office...........................................................................................................35 Defined Role.......................................................................................................................................... 35 Discussion ............................................................................................................................................. 36 Findings.................................................................................................................................................38 Recommendations................................................................................................................................ 38 State-Appointed Emergency Managers ......................................................................................... 39 Defined Role.......................................................................................................................................... 39 Discussion .............................................................................................................................................39 Findings................................................................................................................................................. 40 Recommendations ................................................................................................................................41 City of Flint ................................................................................................................................... 42 Defined Role.......................................................................................................................................... 42 Discussion .............................................................................................................................................43 Findings.................................................................................................................................................44 Recommendations ................................................................................................................................45 Genesee County Health Department (GCHD) ................................................................................ 46 Defined Role.......................................................................................................................................... 46 Discussion .............................................................................................................................................46 Findings................................................................................................................................................. 48 Recommendations ................................................................................................................................48 U.S. Environmental Protection Agency (EPA) Oversight and the Lead and Copper Rule ................. 48 Defined Role..........................................................................................................................................48 Discussion ............................................................................................................................................. 50

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Findings.................................................................................................................................................52 Recommendations ......................................................................................,.........................................52 Issues Presented by the Flint Water Crisis........................................................................................ 53 The Reality of Environmental Injustice .......................................................................................... 54 Discussion .............................................................................................................................................54 Findings.................................................................................................................................................55 Recommendations ................................................................................................................................55 Perspectives from Flint ................................................................................................................. 55
Flint Recovery I Remediation........................................................................................................ 56
Recommendations ................................................................................................................................57 State-Wide Initiatives ................................................................................................................... 58 Recommendations ................................................................................................................................58 Conclusions ..................................................................................................................................... 62 APPENDIX 1: Flint Water Advisory Task Force (FWATF) APPENDIX II: FWATF Letters APPENDIX Ill: Interviewee Usting APPENDIX IV: Questions of Lockwood, Andrews, & Newnam APPENDIX V: Detailed Tlmeline APPENDIX VI: Abbreviations and Acronyms

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Executive Summary
Summary Statement
The Flint water crisis is a story of government failure, intransigence, unpreparedness, delay, inaction, and environmental injustice. The Michigan Department of Environmental Quality (MDEQ) failed in its fundamental responsibility to effectively enforce drinking water regulations. The Michigan Department of Health and Human Services (MDHHS) failed to adequately and promptly act to protect public health. Both agencies, but principally the MDEQ, stubbornly worked to discredit and dismiss others' attempts to bring the issues of unsafe water, lead contamination, and increased cases of Legionellosis (Legionnaires' disease) to light. With the City of Flint under emergency management, the Flint Water Department rushed unprepared into fulltime operation of the Flint Water Treatment Plant, drawing water from a highly corrosive source without the use of corrosion control. Though MDEQ was delegated primacy (authority to enforce federal law), the United States Environmental Protection Agency (EPA) delayed enforcement of the Safe Drinking Water Act (SDWA) and Lead and Copper Rule (LCR), thereby prolonging the calamity. Neither the Governor nor the Governor's office took steps to reverse poor decisions by MDEQ and state-appointed emergency managers until October 2015, in spite of mounting problems and suggestions to do so by senior staff members in the Governor's office, in part because of continued reassurances from MDEQ that the water was safe. The significant
consequences of these failures for Flint will be long-lasting. They have deeply affected Flint's public health, its economic future,1 and residents' trust in government.
The Flint water crisis occurred when state-appointed emergency managers replaced local representative decision-making in Flint, removing the checks and balances and public accountability that come with public decision-making. Emergency managers made key decisions that contributed to the crisis, from the use of the Flint River to delays in reconnecting to DWSD once water quality problems were encountered. Given the demographics of Flint/ the implications for environmental injustice cannot be ignored or dismissed.
The Flint water crisis is also a story, however, of something that did work: the critical role played by engaged Flint citizens, by individuals both inside and outside of government who had the expertise and willingness to question and challenge government leadership, and by members of a free press who used the tools that enable investigative journalism. Without their courage and persistence, this crisis likely never would have been brought to light and mitigation efforts never begun.
A Series of Government Failures
F.lint water customers were needlessly and tragically exposed to toxic levels of lead and other hazards through the mismanagement of their drinking water supply. The specific events that led to the water quality debacle, lead exposure, heightened Legionella susceptibility, and
1 Direct and Indirect economic impacts of the Flint water crisis include, for example, financial consequences to Individuals and homeowners; impacts on economic development opportunities and on the revenue base for public services; and the costs of exacerbated requirements for water infrastructure repair and rehabilitation as well as longterm public health and social services.

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infrastructure damage are a litany of questionable decisions and failures related to several issues and events, including, but not limited to:
• Decisions related to the use of the Flint River as an interim water supply source. • Inadequate preparation (for example, staffing, training and plant upgrades) for the switch
to full-time use of the Flint Water Treatment Plant using the Flint River as the primary water supply source. • Inadequate and improper sampling of distribution system water quality, potentially in violation of the Safe Drinking Water Act. • Intransigent disregard of compelling evidence of water quality problems and associated health effects. • callous and dismissive responses to citizens' expressed concerns. • Persistent delays in coordinating appropriate responses to the resultant public health crises once irrefutable evidence of exposure and poisoning was presented.
We cannot begin to explain and learn from these events-our charge-without also highlighting that the framework for this decision-making was Michigan's Emergency Manager Law. This law replaces the decision-making authority of locally elected officials with that of a state-appointed emergency manager. While one must acknowledge that emergency management is a mechanism to address severe financial distress, it is important to emphasize that the role of the emergency manager In Flint places accountability for what happened with state government.
Our complete findings and recommendations are provided throughout this report and also are summarized at the close of this Executive Summary. They are formulated to offer specific measures to better safeguard public health, enhance critical water system infrastructure, improve governmental decision-making and regulatory oversight, and mitigate the many negative health and economic effects facing the people of Flint. We hope that our findings and recommendations serve as a guide and template for remediation and recovery in Flint, and for safeguarding the health and well-being of residents across our state.
FWATF Membership~ Charge and Scope ofReview
The FWATF-composed of five members with experience and backgrounds in public policy, public utilities, environmental protection, public health, and health care-was appointed by Governor Rick Snyder on October 21, 2015.3 We were charged with conducting an independent review of the contamination of the Flint water supply: what happened, why it occurred, and what is needed to prevent a reoccurrence in Flint or elsewhere in the state. We assessed ongoing mitigation efforts to help assure that short and long-term public health issues and water management concerns will be properly addressed to safeguard the health and well-being of the Flint community. We have developed findings and offer recommendations on the following:
• Roles of Government Entities in the Flint Water Crisis o State of Michigan • Michigan Department of Environmental Quality (MDEQ) • Michigan Department of Health and Human Services (MDHHS} • Michigan Governor's Office • State-Appointed Emergency Managers
3 Paragraph summaries of the FWATF members' backgrounds and experience are provided as Appendix I.
2

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o City of Flint o Genesee County Health Department (GCHD) o United States Environmental Protection Agency and the lead and Copper Rule • Issues Presented by the Flint Water Crisis o The Reality of Environmental Injustice o Perspectives from Flint
o Flint Recovery o State-Wide Recommendations
Before completing this report, the Task Force issued three interim letters to Governor Snyder offering findings and recommendations requiring immediate response, as fo1Lows:4
1. The first letter, issued December 4, 2015, Identified our concerns about coordination of response measures and the need for a framework to measure results and clearly delineate responsibilities for continuing actions to protect public health.
2. The second letter, issued December 29, 2015, addressed the critical and urgent need to establish responsibility and ensure accountability for what happened in Flint.
3. Our third letter, issued January 21, 2016, addressed the need for the state to engage the scientific experts who overcame state and federal agency intransigence to expose the lead poisoning, and similarly to engage trusted, scientific experts drawn from independent institutions to address the implications of the Legionellosis outbreak.
In conducting our interviews, we have had complete independence and largel~ unfettered access to local, state and federal government personnel. Interview subjects were not compelled to participate in our review, and the FWATF held no subpoena or judicial enforcement powers. We are grateful to the parties involved for their forthright willingness to discuss the events that transpired and their perspectives.
We acknowledge that other reviews and investigations are taking place, some with tools that the FWATF did not have, such as the subpoena and judicial enforcement powers mentioned above. We appreciate and support these reviews because the magnitude of this tragedy warrants deep and detailed investigation. It is our hope that these or other reviews examine certain issues we had neither the time nor investigative tools to fully explore, and that fell outside our immediate scope given the accelerated timeframe for our information gathering and rendering of judgments. These issues include, but are not limited to:
• State approval and permitting of the Karegnondi Water Authority (KWA) in a region that had ample water supply and treatment capacity, yet faced economic distress sufficient to warrant emergency management in its two largest urban centers.
• The appropriate role of regulatory agencies and the water utility industry in addressing the dangers presented by widespread use of lead in public and private plumbing systems.
4 The FWATF's Interim letters to Governor Snyder are provided as Appendix II. 5 The FWATF was not successful in scheduling an Interview with representatives of the firm Lockwood, Andrews, & Newnam (LAN) despite several requests. LAN requested that questions be submitted to them In writing, and the questions we submitted are included In Appendix IV. As of the time of publication, the FWATF has not received responses to these questions.
3

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Historically, regulatory agencies and the water utility industry at large have been reluctant to address these dangers beyond use of corrosion control treatment.6 Though the industry now endorses strengthening of the Lead and Copper Rule and ultimate replacement of lead service lines (LSLs)/ the industry has not (with notable exceptions)
been proactive in reducing risk through full LSL replacement programs and has
highlighted utility customers' obligations to manage lead risks on private property. While the recommendations of the National Drinking Water Advisory Council (NDWAC) advance
objectives of full LSL replacements, enhanced monitoring, and improved public
education, concerns persist about accountability, oversight and enforcement.8• 9
• Protocols for environmental compliance enforcement when EPA has delegated primacy (authority to enforce federal law) to state agencies, yet retains ultimate responsibility for protection of public health and management of environmental risks.
• Budgets for public health actlvities at federal, state, and local levels to ensure that highly skilled personnel and adequate resources are available. The consequences of underfunding include insufficient and inefficient responses to public health concerns, which have been evident in the Flint water crisis.
• The need for greater clarity on local and state processes and procedures for declaring emergencies rn response to man-made catastrophes (in contrast to natural disasters). The efforts of local, state, and federal emergency operations teams in Flint beginning in
6 Historically, water industry groups have maintained that removing lead from water and plumbing systems Is not necessary and would involve significant difficulty and expense (see, for example, neontrolling Lead in Drinking Water,• Water Research Foundation, 2015). Notably, when EPA's lead and Copper Rule (LCR) was published In 1991, it required replacement of entire LSLs, and In 1994 the water Industry sought in court to limit this requirement to only the publicly owned portions of service lines (40 F.3d 1266, AWWA vs. EPA, 1994).1n response, EPA revised the LCR in 2000 to allow for partial service line replacement-a practice the CDC later maintained was associated with Increases In blood lead levels ("Important Update: Lead-Based Water Unes," Howard Frumkin, MD; CDC, May 2010). The water Industry historically has focused on controlling lead exposure risks through use of chemical corrosion control methods and has offered a number of related studies (as compiled In Hlead and Copper Corrosion: An Overview of WRF Research," Jonathan Cuppett, Water Research Foundation, updated January 2016). The American Water Works Association (AWWA) also has published communications guides on lead-in-water issues (see, for example, .,Communicating About Lead Service Unes: A Guide for Water Systems Addressing Service Line Repair and Replacement," AWWA, 2014; and uStrategies to Obtain Customer Acceptance of Complete Lead Service Line Replacement,• AWWA, 2005). Yet industry guidance has taken the position that managing lead-related risks associated with l.Sls and plumbing fixtures on private property Is largely the utility customers' responsibility. Many water utilities have not informed customers proactively (if at all) about the presence of LSLs. As a result, customers generally have limited awareness of the potential need to take action to protect themselves from lead In drinking water. 7 See, for example, AWWA press release: "AWWA Board supports recommendation for complete removal of lead service lines,11 March 8, 2016. 8 For example, there are concerns that the voluntary, customer-Initiated sampling approach recommended by the NDWAC will substantially decrease public water systems' ability to track presence of lead over time, identify emerging public health threats, and inform l.SL replacement programs. For more Information on additional concerns, see, for example, "Strength of New EPA Lead Rule Depends on Accountability," by Brett Walton, Cirde of Blue, February 10, 2016, www.clrcleofblue.org/2016/world/strength-of-new-epa-lead-rule-depends-on-accountabiUty/. 9 NDWAC and water utility industry representatives have highlighted concerns about the significant financial resources and time required to effect full LSL replacement, suggesting the need to support reasonable yet aggressive scheduling of LSL replacement through both enforcement measures {within the LCR) and resource commitments of local, state and federal entities.
4

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January 201610 have demonstrated that emergency operations can be deployed appropriately and with multi-level coordination. However, delays in Flint occurred due to reluctance to elevate concerns, confusion and disagreement among authorities about how and what levels of emergency status were appropriate, and extensive application requirements. We also note and acknowledge that additional information will continue to be revealed as other investigations and reviews of the crisis are conducted. The narrative, findings and recommendations in this report are based on our interviews and the public record available through February 2016. We believe this information alone warrants urgent and thorough response and supports our recommendations. We hope that our earlier letters and this report contribute to the collective understanding of what transpired, evoke thoughtful consideration of our recommendations, and-most importantly-further motivate sustained response and support for the Flint community and more earnest and effective protection of all Michigan residents. Acknowledgements The FWATF would not have been able to complete its work without the support of many individuals and organizations that dedicated their time, resources and passion to facilitate our review. We are indebted to the Michigan State University's Center for Local Government Finance and Policy for their administrative support and Insights, particularly with regard to Michigan's emergency manager laws; and to Chris DeWitt of DeWitt Communications for keeping the task force informed regarding media coverage. We have been aided by technical insights from individuals in the water utility and public health communities, too numerous to name individually here, who have educated us on a broad range of issues. Where we have accurately stated the technical attributes of specific issues, it reflects on their guidance. We are responsible for any technical inaccuracies or unintentional misstatements of fact. Perhaps most notably, we are deeply indebted to the members of the Flint community and safe drinking water and public health advocates who ultimately entrusted us with profound expressions of their frustrations, concerns, perspectives and hopes for the future. We are especially thankful to Flint residents for giving voice to the searing personal costs that are too often muted in the discourses about public policy implications. We are acutely aware that as we are a task force commissioned by the State of Michigan, their forthrightness was a leap of faith given what happened in Flint. We hope that our report honors their trust, advances their hopes for the future, and helps ensure that" Michigan communities are safer.
10 The FWATF recommended to the Governor's office that an emergency be declared as early as November 2015 and
issued its flrst letter to the Governor on December 4, 2015 noting the acute need for more effective coordination of activities.
5

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Findings ofthe Task Force Note: Footnotes and text supporting these findings and recommendations are provided in the individual sections ofthe report. The footnotes and text provide substantive detail and important context for our findings and recommendations. Also please note that the findings and recommendations are independent lists; the findings do not correlate one-to-one to the recommendations.
Michigan Department of Environmental Quality (MDEQ):
F-1. MDEQ bears primary responsibility for the water contamination in Flint.
F-2. MDEQ, specifically its Office of Drinking Water and Municipal Assistance (ODWMA), suffers from cultural shortcomings that prevent it from adequately serving and protecting the public health of Michigan residents.
F-3. MDEQ misinterpreted the LCR and misapplied its requirements. As a result, lead-in-water levels were under-reported and many residents' exposure to high lead levels was prolonged for months.
F-4. MDEQ waited months before accepting EPA's offer to engage its lead (Pb) experts to help address the Flint water situation and, at times, MDEQ staff were dismissive and unresponsive.
F-5. MDEQ failed to move swiftly to investigate, either on its own or in tandem with MDHHS,
the possibility that Flint River water was contributing to an unusually high number of Legionellosis cases in Flint.
Michigan Department of Health and Human Services (MDHHS): F-6. MDHHS's lack of timely analysis and understanding of its own data on childhood blood
lead levels, along with its reliance on MDEQ and reluctance to share state data with Dr. Mona Hanna-Attisha and Professor Marc Edwards, prolonged the Flint water crisis.
F-7. MDHHS bears ultimate responsibility for leadership and coordination of timely follow-up efforts in Flint and across the state regarding childhood lead poisoning. While local entities (for example, healthcare professionals, GCHO, health insurance plans) are partners in efforts to protect children from lead poisoning, MDHHS has the lead role and failed to exercise its responsibility.
F-8. The consequences of lead exposure for Flint residents are expected to be long-term and
will necessitate sustained investments in education, public and mental health, juvenile
justice, and nutrition needs over the next 10 to 20 years.
F-9. Too few children in Michigan are screened for lead through routine blood tests as recommended for children ages 1 and 2. Statewide screening goals for children enrolled in Medicaid are met in very few instances at the county level or within Medicaid health plans. This lack of information leaves parents, healthcare professionals, and local and state public health authorities uninformed about the possibility of lead poisoning for thousands of Michigan children.
F-10. Coordination between MDEQ and MDHHS was inadequate to properly address the public health issues related to water quality in Flint. Communication was infrequent, and when it
did occur, the default position was to conclude that the health problems were not related
6

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to the water supply switch -rather than to assume that the problems might be related to the switch. F-11. Communication and coordination among local and state public health staff and leadership regarding legionellosis cases in 2014-2015 was inadequate to address the grave nature of this outbreak. The fact that these cases occurred while there were several simultaneous concerns about quality and safety of water in Flint should have caused public health staff and leadership at local and state levels to coordinate their actions to ensure a prompt and thorough investigation. Michigan Governor's Office: F-12. Ultimate accountability for Michigan executive branch decisions rests with the Governor. F-13. The Governor's knowledge, and that of Governor's office staff, of various aspects of the Flint water crisis was compromised by the information-much of it wrong-provided by MDEQ and MDHHS. F-14. The Governor's office continued to rely on incorrect information provided by these departments despite mounting evidence from outside experts and months of citizens' complaints throughout the Flint water crisis, only changing course in early October 2015 when MDEQ and MDHHS finally acknowledged the extent of the problem of lead in the public water supply. F-15. The suggestion made by members of the Governor's executive staff in October 2014 to switch back to DWSD should have resulted, at a minimum, in a full and comprehensive review of the water situation in Flint, similar to that which accompanied the earlier dedsion to switch to KWA. It was disregarded, however, because of cost considerations and repeated assurances that the water was safe. The need to switch back to DWSD became even more apparent as water quality and safety issued continued and lead issues began to surface in 2015, notwithstanding reassurances by MDEQ. F-16. The Flint water crisis highlights the risks of over-reliance-in fact, almost exclusive reliance-on a few staff in one or two departments for information on which key decisions are based. F-17. Official state public statements and communications about the Flint water situation have at times been inappropriate and unacceptable.
State-Appointed Emergency Managers: F-18. Emergency managers, not locally elected officials, made the decision to switch to the Flint River as Flint's primary water supply source. F-19. Treasury officials, through the terms of the local emergency financial assistance loan executed by the Flint emergency manager on April 29, 2015, effectively precluded a return to DWSD water, as Flint citizens and local officials were demanding, without prior state approval. F-20. The role of the emergency managers in Flint (in combination with MDEQ's failures) places primary accountability for what happened with state government.
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F-21. Emergency managers charged with financial reform often do not have, nor are they supported by, the necessary expertise to manage non-financial aspects of municipal government.
F-22. Michigan's Emergency Manager Law and related practices can be improved to better ensure that protection of public health and safety is not compromised in the name of financial urgency.
Cty of Flint: F-23. Flint Public Works personnel were ill-prepared to assume responsibility for full-time operation of the Flint WTP and distribution system. F-24. The Flint Water Treatment Plant (WTP) and installed treatment technologies were not adequate to produce safe, clean drinking water at startup of full-time operations. Flint's lack of reinvestment in its water distribution system contributed to the drinking water crisis and ability to respond to water quality problems. F-25. Flint Public Works personnel failed to comply with LCR requirements, including the use of optimized corrosion control treatment and monitoring for lead. Flint personnel did not identify residences with LSLs, secure an adequate number of tap water samples from high-risk homes, or use prescribed sampling practices (for example, line and tap flushing methods and sample bottle sizes). F-26. Flint Public Works acted on inaccurate and improper guidance from MDEQ. F-27. Many communities similarly rely on MDEQ to provide technical assistance and guidance on how to meet regulatory requirements. In the case of Flint, MDEQ assistance was deeply flawed and lax, which led to myopic enforcement of regulations designed to protect public health. F-28. The emergency manager structure made it extremely difficult for Flint citizens to alter or check decision-making on preparations for use of Flint River water, or to receive responses to concerns about subsequent water quality Issues.
Genesee County Health Department (GCHD): F-29. Communication, coordination and cooperation between GCHD, the City of Flint and MDHHS were inadequate to protect Flint residents from public health threats resulting from inadequately treated Flint River water. F-30. The rate of follow-up on children with elevated blood lead levels through January 2016 was unacceptable, illustrating a low level of coordination between GCHD and MDHHS and insufficient resources devoted to this task. F-31. Management of the Flint River-sourced water supply may have contributed to the outbreaks of Legionellosis in 2014 and 2015 in Genesee County. Although the definitive cause of the outbreaks is uncertain at the time of publication, GCHD and MDHHS did not notify the public of the outbreaks in a timely fashion in order to urge caution.
United States Environmental Protection Agency (EPA): F-32. EPA failed to properly exercise its authority prior to January 2016. EPA's conduct casts doubt on its willingness to aggressively pursue enforcement (in the absence of
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widespread public outrage). EPA could have exercised its powers under Section 1414 and Section 1431 of the SDWA or under the LCR, 40 CFR 141.82(i). F-33. Despite the clear intent of the LCR, EPA has accepted differing compliance strategies that have served to mute its effectiveness in detection and mitigation of lead contamination risks. These strategies have been adopted at water systems and primacy agencies across the country. Though there may be some ambiguity in LCR rule, none of it relates to what MDEQ should have done in Flint. There was and remains no justification for MDEQ not requiring corrosion control treatment for the switch of water source to the Flint River. F-34. EPA was hesitant and slow to insist on proper corrosion control measures in Flint. MDEQ misinformation notwithstanding, EPA's deference to MDEQ., the state primacy agency, delayed appropriate intervention and remedial measures. F-35. EPA tolerated MDEQ's intransigence and issued, on November 3, 2015, a clarification memo on the LCR when no such clarification was needed. Issues Presented by the Flint Water Crisis: F-36. The Flint water crisis is a clear case of environmental injustice.
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Recommendations of the Task Force Note: Footnotes and text supporting these findings and recommendations are provided in the individual sections ofthe report. The footnotes and text provide substantive detail and important context for our findings and recommendations. Also please note that the findings and
recommendations are independent lists; the findings do not correlate one-to-one to the recommendations.
Michigan Department of Environmental Quality (MDEQ): R-1. Implement a proactive, comprehensive cultural change program within MDEQ, specifically
its ODWMA, to refocus the department on its primary mission to protect human health and the environment. MDEQ should aspire to become a national leader through a proactive program designed to detect and address contaminants in public water supplies
in a timely manner. R-2. Establish an apprenticeship/certification program for MDEQ ODWMA employees that
requires direct, hands-on experience with public water system operations. MDEQ ODWMA employees responsible for water system regulation and SDWA enforcement should be, or have access to, certified operators and subject matter experts (including, for example, those at EPA). R-3. Strengthen SDWA enforcement, most notably for the LCR. The state has the ability to
strengthen its own enforcement of the SDWA and not wait for action to occur at the
federal level.
R-4. Participate in the Flint Water Inter-Agency Coordinating Committee's (FWJCC's) work
team established to oversee conversion from DWSD-supplied to KWA-delivered water. MDEQ should draw from that work to revise its policies and procedures for approval of water treatment and distribution system operating regimens, particularly when source water changes are contemplated. R-5. Participate in EPA's ongoing review and revision of the LCR, conveying lessons learned from the Flint water crisis. Michigan Department of Health and Human Services (MDHHS}: R-6. Establish policies and procedures at MDEQ and MDHHS to ensure input by health experts and scientists when permit decisions may have a direct impact on human health.
R-7. Establish and maintain a Flint Toxic Exposure Registry to include all the children and adults residing in Flint from April 2014 to present.
R-8. Re-establish the Michigan Childhood Lead Poisoning Prevention and Control Commission. R-9. Ensure that MDHHS is transparent and timely in reporting and analysis of aggregate data
regarding children's blood lead levels. MDHHS data regarding lead levels shall be provided to individuals and organizations, based on their expertise, upon request and in cases when the interpretation of data by MDHHS is questioned.
R-10. Establish a more aggressive approach to timely clinical and public health follow-up for all children known to have elevated blood lead levels, statewide. MDHHS should expand its local efforts and partnerships to accomplish this goal. Whenever possible, routine
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screening for lead and appropriate follow-up should occur in children1s primary care medical homes. R-ll.Strive to be a national leader in monitoring and responding to exposure of children to lead by converting the Childhood Lead Poisoning Prevention Program (CLPPP) from passive collection of test results into an active surveillance and outreach program.
R-12.1mprove screening rates for lead among young children through partnerships with county health departments, health insurers, hospitals, and healthcare professionals.
R-13.As the state authority on public health, and as the organization that conducted the epidemiologic study of legionellosis cases in Genesee County in 2014-15, take responsibility for coordinating with GCH D and CDC to protect Michigan residents from further outbreaks of Legionellosis.
R-14.1n cases of switches in drinking water supplies in the future, assume that outbreaks of Legionellosis cases may be related to changes in water source and communicate the potential risk to the public, rather than assuming and communicating the opposite.
Michigan Governor's Office:
R-15. Expand information flow to the Governor so that information providing the foundation for key decisions comes from more than one trusted source-and is verified.
R-16. Create a culture in state government that is not defensive about concerns and evidence that contradicts official positions, but rather is receptive and open-minded toward that information. View informed opinions-even if critical of state government-as an opportunity for re-assessing state positions, rather than as a threat.
R-17. Ensure that communications from all state agencies are respectful, even in the face of criticism~ and sensitive to the concerns of diverse populations.
R-18. The Governor must assume the leadership of, and hold state departments accountable for, long-term implementation of the recommendations in this report, including but not limited to the need for cultural changes across multipJe state agencies~ the need for health mitigation and LSL replacement in Flint, and the need for a funding strategy to address replacement of LSLs statewide.
R-19. Review budget requests for MDEQ to ensure adequate funding is provided to the ODWMA. EPA audit and interviews indicate that Michigan's drinking water program might have one of the lowest levels of financial support within EPA Region V while having one of the largest, if not the largest, number of community water systems to regulate.
State-Appointed Emergency Managers: R-20. Review Michigan's Emergency Manager Law (PA 436) and its implementation, and identify measures to compensate for the loss of the checks and balances that are provided by representative government. R-21. Consider alternatives to the current emergency manager approach-for example, a structured way to engage locally elected officials on key decisions; an Ombudsman function in state government to ensure that local concerns are a factor in decisions made by the emergency manager; and/or a means of appealing emergency manager decisions to another body.
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R-22. Ensure proper support and expertise for emergency managers to effectively manage the many governmental functions of a city. Decisions on matters potentially affecting public health and safety, for example, should be informed by subject matter experts identified and/or provided by the state.
City of Flint: R-23. Establish and fund a team of subject matter experts in water system operations (treatment and distribution system management) to support and train water system personnel, guide safe system operation under current conditions, and prepare for successful conversion to KWA.
R-24.1mplement a programmatic approach to Flint WTP and distribution system operations,
maintenance, asset management, water quality, capital improvements and public engagement (including risk communication) to ensure that the disparate ongoing efforts to address Flint water system infrastructure needs are coordinated, fully documented, and structured to sustain high-quality potable water service over the long term. R-25.1mplement a robust public engagement and involvement program in conjunction with the anticipated conversion to KWA-delivered water and provide for regular reporting to the Flint Water Inter-Agency Coordinating Committee (FWICC). Genesee County Health Department (GCHD):
R-26.1mprove follow-up on public health concerns between GCHD, MDHHS and the City of Flint
now and in the future, to effect timely, comprehensive, and coordinated activity and ensure the best health outcomes for children and adults affected. R-27. Presume that the risk of Legionel/a may remain elevated in the Flint water distribution system and must take appropriate steps with public and private partners to monitor and mitigate that risk as concerns about water quality continue in the City of Flint.
R-28. Coordinate with state officials (MDHHS) and with local healthcare professionals and
healthcare institutions in Genesee County and the City of Flint to mitigate the risk of Legionellosis in 2016 and beyond. United States Environmental Protection Agency (EPA): R-29. Exercise more vigor, and act more promptly, in addressing compliance violations that endanger public health. R-30.1n collaboration with the NDWAC and other interested partners, clarify and strengthen
the LCR through increased specificity and constraints, particularly requirements related to LCR sampling pools, sample draw protocols, and LSL replacements-and, more generally,
strengthen enforcement protocols with agencies delegated primacy. R-31. Engage Michigan representatives in ongoing LCR revisions and development of
enforcement protocols at EPA and MDEQ.
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Issues Presented by the Flint Water Crisis
Environmental Injustice:
R-32.1ssue an Executive Order mandating guidance and training on Environmental Justice across all state agencies in Michigan, highlighting the Flint water crisis as an example of environmental injustice. The state should reinvigorate and update implementation of an Environmental Justice Plan for the State of Michigan.
Flint Recovery and Remediation:
R-33. Sustainably fund the Flint Water Inter-Agency Coordinating Committee (FWICC) to provide adequate resources to engage supporting sub-committees for delivery of public health and water system services.
R-34. Clarify and effectively communicate the roles, work and expected outcomes of the City of Flint, FWICC and Mission Flint.
R-35. Through collaboration among MDHHS, GCHD, local healthcare professionals, and health insurance plans, ensure 100 percent clinical and environmental follow-up with Flint families whose children have been found to have elevated blood lead levels since April 2014, and work together to ensure that follow-up occurs in children's medical homes.
R-36. Offer all children listed in the recommended Flint Toxic Exposure Registry timely access to age-appropriate screening and clinically indicated follow-up for developmental and behavioral concerns by licensed healthcare professionals, as well as access to early childhood education and nutrition services.
R-37. Consider establishing a dedicated subsidiary fund in the Michigan Health Endowment Fund to facilitate funding of health-related services for Flint.
R-38. Establish a comprehensive Flint public health program, coordinated with county and state-level public health initiatives, that can serve as a model for population health across the state. This program should provide assessment, interventions, and support not only regarding the health effects of water contamination but also more broadly regarding the health effects of chronic economic hardship and other social determinants of poor health.
State-wide Recommendations:
R-39. Conduct an investigative review of the development and approval of the Karegnondi Water Authority and of the City of Flint's commitments to KWA water purchases.
R-40.1nstitute a school and daycare water quality testing program (which could serve as a model for the U.S.), administered collaboratively by MDEQ and MDHHS, that includes appropriate sampling and testing for lead contamination for all schools and childcare centers in the state and effective reporting of test results.
R-41. Develop a modellSL replacement program and funding mechanisms for financing work on private property.
R-42. Revise and enhance information distributed by public water systems on the implications of widespread use of lead in public and private plumbing.
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R-43. Use the occasion of the Flint water crisis to prompt local and state re-investment in critical water infrastructure, while providing mechanisms to advance affordability and universal access to water services.
R-44. Prioritize health matters across all state agendes with establishment of a new Cabinetlevel post focused on public health.
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Background11
Flint, Michigan
The beleaguered history of Flint, Michigan over the last several decades is well known,12 yet some facts are particularly important to provide context for our findings and recommendations.
The City of Flint has suffered dramatic declines in population. From a peak of more than 200,000 in 1960, Flint's population had fallen below 100,000 residents by 2014. Since 2000, Flint has lost over 20 percent of its population.13 Of the remaining residents, approximately 57 percent are
Black or African American. 14
Poverty is endemic in Flint, with 41.6 percent of the population living below federal poverty
thresholds-2.8 times the national poverty rate. The median value of owner-occupied housing is
$36,700, roughly one-fifth of the national average. 15 Crime plagues the community; for 2013, Flint's crime index was 811 as compared to a national average of295.16
Even before the Flint water crisis, Genesee County (in which Flint is the largest population center)
exhibited poor health statistics. In a 2015 study, the county ranked Slst out of 82 Michigan counties in health outcomes. It ranked 78th in length of life, 81st in quality of life, 77th in health behaviors, 78tta in social and economics factors, and 75th in physical environment measures. Only
the quality of clinical care, for which the county ranked 22nd, is not a cause of acute community concern.17
Water Crisis
The Flint Water System was first organized in 1883 under private ownership, and the City purchased the water system in 1903. Before 1967, Flint treated Flint River water at its Water Treatment Plant (WTP). To ensure adequacy and reliability of water supplies, in 1967 Flint signed a long-term water supply contract with the Detroit Water and Sewerage Department (DWSD). From 1967 through 2014, the Flint WTP served as an emergency backup to DWSD-supplied water. As such, the Flint WTP was not operated on an ongoing day-to-day basis, but rather four times per year to maintain readiness as an emergency backup. The WTP was also upgraded periodically to keep it ready for use as an emergency backup.
11 The series of events and decisions that led to the Flint water crisis are (now) well documented, thanks to the tireless efforts of local activists and journalists. In addition, the public record has been supplemented by the release of e-mails and other documents by the Governor's office and key state agencies. We are indebted to this construction of a substantial public record. We believe that this public record, In combination with Insights obtained through our interview process, provides more than ample basts for our findings and recommendations. 12 For extensive Information on Flint's economic decline and troubled circumstances, see the report and endnotes provided in "long-Term Crisis and Systemic Failure: Taking the Fiscal Stress of America's Older Cities Seriously: Case Study, Flint Michigan," by Eric Scorsone, Ph.D. and Nicolette Bateson, Michigan State University Extension, September 2011. 13 BiggestUSCities.com, www.biggestuscities.com/city/fllnt-michlgan 14 U.S. Census, Quickfatts for Flint, Michigan and the United States, www.census.gov/qulckfacts/table/PST045215/00 15 1bld
16 Clty-Data.com, www.clty-data.com/crlme/crime-Fiint-Michigan.html
17 County Health Ranklngs, www.countvhealthrankings.org/app/michigan/2015/ranklngs/genesee/county/outcomes!overall[snapshot
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DWSD provided water to Flint under a 35-year contract signed on December 20, 1965. The initial contract term expired in 2000 and renewed each year unless it was terminated by either party. As one of DWSD's wholesale customers, Flint was subject to the terms and rate-setting practices applicable to all of DWSD's wholesale customer communities. During the finallO years that Flint received contractual service from DWSD, the average annual increase in water charges to Flint was 6.2 percent. DWSD's water supply has been treated for corrosion control for over 20 years and is deemed optimized for corrosion control treatment.
On April16, 2013, after a symbolic Flint City Council vote that accompanied the Flint emergency manager's decision, the City joined the Karegnondi Water Authority (KWA), which had been established to develop a raw water supply pipeline from Lake Huron. After being advised of the City of Flint's intent, DWSD notified the City of the termination of Its then-current water supply contract terms, effective April 2014. DWSD and the City of Flint, both under emergency management, continued unsuccessfully to negotiate alternative water supply terms. Although the State of Michigan was in control of both cities at the time, efforts to arrive at an agreement between the parties during the final year of service to the Oty of Flint ultimately failed.
In April 2014, the City of Flint began treating Flint River water at the Flint WTP on a full-time basis and distributing the treated water to its customers. A critical element of that treatmentcorrosion control, as required under EPA's Lead and Copper Rule (LCR)-was (incorrectly) determined by MDEQ not to be required immediately; instead, Flint could complete two 6-month monitoring periods and MDEQ would then determine whether corrosion control was necessary. Soon after the City began distributing treated water from the Flint WTP, Flint.residents began to complain about its odor, taste and appearance. Numerous water quality problems and operational challenges resulted in water quality violations related to Ecoli contamination and disinfection by-products (total trihalomethanes or TTHMs}. Ultimately, the corrosiveness of the drinking water leached lead from pipes and plumbing fixtures, and it may have increased the likelihood of water contamination with Legionel/a. 18
Summary Timeline ofKey Events
In this economically disadvantaged and ethnically diverse Michigan community, a series of disastrous decisions and events occurred. Following are the events most critical to development of our findings and recommendations:19
1. 1967: City of Flint enters into long-term water supply contract with the Detroit Water and Sewerage Department (DWSD).
2. 1991: U.S. Environmental Protection Agency (EPA) issues the Lead and Copper Rule to ensure routine local testing of drinking water and assurance of safe levels of lead and copper.
3. January 23, 2013: Mike Prysby/MDEQ e-mails colleague Liane Shekter Smith and others about feasibility of Flint switching to the Flint River, highlighting water quality concerns.
18 Bouffard K. Hospital ties L.eglonellosis to Flint water. Detroit News, January 23, 2016,
www.detroitnews.com/storv/news/politics/2016/01/22{1eglonnalres~bacteria~found~tests-mclaren-medical~centers~
water09183428/. 19 Appendix V provides a further, more detailed timellne that attempts to synthesize numerous timelines developed by other sources, including local media and government agencies.
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4. March 26, 2013: Stephen Busch/MDEQ e-mails MDEQ Director Dan Wyant with Liane Shekter Smith and other MDEQ staff copled, with warnings about public health risks associated with Flint River water.
5. March 28, 2013: State Treasurer Andy Dillon e-mails Governor Snyder notifying him of his approval of Flint joining Karegnondi Water Authority (KWA) and MDEQ concurrence.
6. April16, 2013: Flint Emergency Manager (EM) Ed Kurtz signs agreement with KWA and informs the State Treasurer that the City will join KWA (decision officially announced May 1,2013).
7. April17, 2013: DWSD issues letter to Flint notifying termination of contract to provide water service. Negotiations continue to establish alternative contractual arrangements for DWSD service to Flint.
8. June 26,2013: Flint EM Ed Kurtz authorizes a sole-source contract with the firm of lockwood, Andrews, & Newnam (LAN) for professional engineering services to place the Flint Water Treatment Plant (WTP) into operation using the Flint River as a primary drinking water source.
9. March 26, 2014: Stephen Busch/MDEQ e-mails Uane Shekter Smith and Richard Benzie/MDEQ on clarifying what Flint will be required to do before beginning full-time Flint WTP operation.
10. April16-17, 2014: Michael Glasgow/Flint Utilities Department e-mails MDEQ, noting unpreparedness of Flint WTP and apparent political pressure to start distributing water.
11. April 29, 2014: Flint EM Darnell Earley notifies Detroit EM that Flint has switched water
supply sources to the Flint River. Genesee County Drain Commission remains as a non-
contract customer of DWSD. 12. July 1, 2014: Flint begins first &month monitoring period for lead and copper in drinking
water.
13. August 15, 2014: E. coli bacteria violation in water sampled from the Flint distribution
system leads to local boil water advisory. 14. September 10, 2014: MDEQ requests pre-emptive operational evaluation for disinfection
byproducts called trihalomethanes (THMs). 15. October 1, 2014: MDEQ submits briefing paper to Governor's office re: City of Flint
drinking water situation (boil water notices). Genesee County Health Department {GCHD) expresses concern to Flint Public Works regarding increased incidence of cases of legionellosis since April 2014, and the possible relationship to use of the Flint River as the water supply. MDHHS epidemiology staff expresses concern but there is no further statelevel evaluation. 16. October 13, 2014: General Motors (GM) announces that it will cease to use Flint WTPsourced water for its Flint Engine Operations facility until the KWA connection is completed, due to corrosion concerns related to the chloride levels in water from the Flint WTP. MDEQ notes chloride in Flint WTP-treated water is within public health guidelines. 17. October 14,2014: Valerie Brader, State Deputy legal Counsel and Senior Policy Advisor, e-
mails Governor's Chief of Staff Dennis Muchmore and other top aides arguing for a return
to DWSD because of water quality problems. Michael Gadola, then the Governor's legal Counsel, responds by agreeing with Brader. Brader and Rich Baird, another senior aide to
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the Governor, then discuss the idea with Emergency Manager Darnell Earley, who
maintains the water quality problems can be solved and it would be cost-prohibitive to
return to DWSD. 18. December 16, 2014: MDEQ notifies Flint of initial quarterly violation of SDWA Disinfection
Byproducts (total trihalomethane, or ITHM) requirements. 19. December 31, 2014: First 6-month round of LCR monitoring ends. Using 100 samples not
necessarily drawn from highest risk homes (as the LCR intends), the 90th percentile lead level result is 6 parts per billion with 2 samples above action levels for lead (15 parts per billion). Given the 6 ppb result, Flint is disqualified from being exempted and will have to implement corrosion control treatment under the LCR, irrespective of subsequent 6month monitoring results. MDEQ fails to properly advise Flint WTP of this regulation. 20. January 12, 2015: In response to water quality concerns, the state installs water coolers in state offices in Flint, and state employees are given the option in their offices to use bottled water and provide bottled water to visitors. 21. January 27, 2015: MDHHS epidemiology staff member contacts Genesee County Health Department (GCHD) to recommend that they construct a map of Legionellosis cases and correlate them to the City's water service area. 22. January 2015 (date unclear): Staff from Genesee County hospitals, MDHHS, MDEQ and GCHD meet, and MDHHS Director Nick Lyon directs GCHD to conduct and complete its evaluation of the causes of the increased Legionellosis cases that had begun to occur in 2014. 23. January 27, 2015: FOIA request sent by GCHD environmental hygienist James Henry to Flint DPW and Flint Mayor for information on water treatment to support the county's investigation of Legionellosis cases. 24. January 30, 2015: Brad Wurfel/MDEQ e-mails Dave Murray, Governor Snyder's deputy press secretary, re: Legione/la, saying said he didn't want MDEQ Director Wyant "to say publicly that the water in Flint is safe until we get the results of some county health department traceback work on 42 cases of legionellosis in Genesee County since last May." 25. February 25, 2015: leeAnne Walters contacts EPA Region V regarding high levels of lead (104 ppb) found in drinking water at her home. 26. February 26, 2015: Initial EPA-MDEQ correspondence regarding elevated lead in sample collected from LeeAnne Walters's house. Jennifer Crooks/EPA speculates Flint River water chemistry is leaching contaminants from pipes; this prompts the EPA's initial query of MDEQ about whether optimized corrosion control treatment (OCCT) is in place at the Flint WTP. 27. February 26, 2015: Mike Prysby/MDEQ emaiJs Jennifer Crooks/EPA indicating that all other samples in the monitoring period for July 1, 2014 through December 31, 2014 are below the EPA action level of 15 ppb.
28. February 27, 2015: Miguel Del Torai/EPA, in e-mails to MDEQ and EPA staff, mentions possibility of biasing lead results low by collecting samples after flushing water through the taps; asks again about Flint OCCT, saying 11they are required to have OCCT in place."
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29. February 27, 2015: Stephen Busch/MDEQ e-mails Jennifer Crooks and Miguel Del Torai/EPA saying that the gothpercentile is 6 ppb for the monitoring period 7/1/1412/31/14 and that Flint has an optimized corrosion control program, and talks about EPA regulations requiring targeted sample pool to focus on highest risk homes.
30. March 3, 2015: In response to local complaints regarding drinking water quality and related health effects, Flint EM Ambrose cites $12 million in costs associated with returning to DWSD.
31. March 12, 2015: Stephen Busch/MDEQ e-mails colleagues stating that there is no confirmation of Legionel/a in the water supply. No test data are provided to substantiate this statement.
32. March 13, 2015: Brad Wurfei/MDEQ e-mails Harvey Hollins/Governor's office and Dan Wyant/MDEQ noting uptick in legionellosis cases, placing responsibility for follow-up on GCHD, and discounting GCHD environmental hygienist Jim Henry's concerns about a possible relationship between uptick in leglonellosis and change in water source.
33. March 13, 2015: Stephen Busch/MDEQ e-mails Jim Henry/GCHD stating there is unlikely
to be Legionella at the Flint WTP, but that water main breaks and leaks may permit entry
of Legione/Ja into the water supply. Busch advises contacting MDHHS, but does not himself contact MOHHS. 34. March 30,2015: MDEQ notifies Flint of results of first 6-month lead and copper monitoring period (July-December 2014) showing 6 ppb result. 35. March 31,2015: Jennifer Crooks/EPA corresponds with MDEQ regarding a conference call that focused on increased cases of Legionellosis. 36. April 25, 2015: Miguel del Toral/EPA e-mails Pat Cook/MDEQ, questions how a large water system can be deemed to have optimal corrosion control without treatment, cites federal regulations that provide the only two scenarios for large systems to be deemed to have optimized corrosion control, and shows that Flint does not meet either of the two scenarios. 37. April27, 2015: Miguel Del Torai/EPA e-mails Tom Poy/EPA and other colleagues stating that Pat Cook/MDEQ has confirmed the Flint WTP has no corrosion control treatment (CCT), which is "very concerning given the likelihood of lead service lines in the city.''
38. April27, 2015: Laurel Garrison/CDC e-mails GCHD stating that the legionellosis outbreak in Genesee County is "very large, one of the largest in the past decade."
39. April27, 2015: Miguel Del Torai/EPA visits LeeAnne Walters's house to inspect plumbing and deliver sampling bottles.
40. April 27, 2015: Pat Cook and Stephen Busch/MDEQ exchange e-mails complaining about Del Torai/EPA's questions on corrosion control treatment.
41. May 29, 2015: MDHHS's Surveillance of Infectious Diseases and Epidemiology team produces a report regarding Legionellosis cases in Genesee County in 2014-2015; the conclusion of the report is that "the outbreak is over.''20
20 Of the Legionellosls cases In 2014-2015, 42 percent had healthcare (hospital) contact; 47 percent had contact with the Flint water supply. The report Indicates that the lack of clinical specimens from patients prohibited
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42. June 24, 2015: Miguel Del Toral (EPA) provides Tom Poy/EPA his "Interim Report: High Lead Levels in Flint, Michigan," summarizing information and concerns about lead levels in drinking water in Flint.
43. June 10, 2015: EPA/MDEQ conference call includes discussion of the fact that Flint does
not have ccr in place.
44. June 25, 2015: Adam Rosenthai/MDEQ e-mails Mike Glasgow and Brent Wright/Flint Utilities Department (copying Mike Prysby and Stephen Busch/MDEQ) reminding them that 61 more lead and copper samples need to be collected and sent to the lab by June 30, 2015, "and that they are will be [sic] below the AL [action level] for lead. As of now with 39 results, Flint's 90th percentile is over the AL for lead."
45. July 7, 2015: MDEQ is contacted by the American Civil Uberties Union regarding a draft letter from Miguel Del Torai/EPA to LeeAnne Walters that raises concerns about possible leaching of lead from service lines without appropriate corrosion control.
46. July 10,2015: Susan Hedman/EPA Region 5 (based in Chicago) writes to Flint Mayor Walling to say that EPA will work with MDEQ on issues related to lead in water.
47. July 22, 2015: Governor Snyder's chief of staff Dennis Muchmore e-mails director of
MDHHS expressing that many members of the Flint community are raising concerns about water but feel they are not being heard. 48. July 23, 2015: Linda Dykema/MDHHS e-mails Deputy Director of Population Health and Community Services Susan Moran and others at MDHHS (though not Director Lyon) stating that she has corresponded with MDEQ and that there has been no change in compliance regarding Flint water quality and appropriate state and federal law, and that Miguel Del Torai/EPA "acted outside of his authority" (these are MDEQ talking points). 49. July 24, 2015: In response to Muchmore e-mail, Brad Wurfei/MDEQ writes, "The bottom line is that the residents of Flint do not need to worry about lead in the water supply, and MDEQ recent sampling does not indicate eminent [sic] health threat from lead." Muchmore responds, "Thanks." 50. July 28, 2015: MDHHS epidemiologist Cristin Larder finds that children's blood lead tests conducted in summer 2014 "lie outside the control limit" compared with prior years and that this finding "does warrant further investigation." On the same day, CLPPP data manager Robert Scott analyzes the data over a 5-year period and concludes that ''water was not a major factor." Later that day, ClPPP manager Nancy Peeler concludes that the lack of persistently elevated blood lead levels in children In Flint beyond the summer months indicates no connection to the change in water In Flint in 2014. Larder then receives email communication from Peeler: Peeler has concluded from CLPPP data and communicated with MDHHS leadership that there is no problem with children's lead levels in Flint. 51. August 27, 2015: Virginia Tech professor Marc Edwards releases his first set of findings regarding tests of water in Flint. Over half of 48 samples have lead levels of more than 5 parts per billion (ppb) and 30 percent of samples have lead levels greater than 15 ppb.
testing that could have made a definitive link to the water supp1y as a source of Leglonella. It Indicates that there should be vigilance in 2015 regarding possible new cases of LegloneUosls, Including collection of clinical specimens.
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52. August 31, 2015: EPA/MDEQ conference call: second 6-month monitioring test results for
January 1-July 31, 2015 indicate 90th percentile at 11 ppb. It is determined that ccr is
needed and implementation steps are delineated.
53. August 31,2015: Brad Wurfei/MDEQ raises concerns about Professor Edwards's tests and accompanying media coverage to MDEQ, Muchmore, Harvey Hollins, Dave Murray and Sara Wurfel of Governor's office. There is no apparent communication with MDHHS regarding this issue.
54. September 8, 2015: Virginia Tech posts to FlintWaterStudy.org sample testing results on 252 samples of 300 sample kits provided. The Virginia Tech researchers concluded that: "mathematically, even if the remaining 48 samples returned have non-detectable lead... FLINT HAS A VERY SERIOUS LEAD IN WATER PROBLEM.n Of the 252 water samples, 101 have lead in excess of 5 ppb. Flint's 90th percentile in Edwards' survey was 25 ppb. Several samples were over 100 ppb and one of the samples as over 1,000 ppb.
55. September 9-12,2015: MDHHS begins to develop educational program materials for the public regarding reducing the risk of lead exposure for children, in response to media coverage of Professor Edwards's water testing results.
56. September 22, 2015: Dr. Mona Hanna-Attisha, director of the pediatric residency program at Hurley Medical Center, contacts Robert Scott/MDHHS to request access to the state's childhood lead testing records. This is a similar request to one filed by Professor Edwards several weeks before, to which the state had yet to respond. No data are shared.
57. September 23, 2015: Nancy Peeler/MDHHS, director of the state's Childhood Lead Poisoning Prevention Program (CLPPP), e-mails Robert Scott/MDHHS to consider rerunning the analysis that had been conducted in July, and asks for formal epidemiologic help. Later that day, Mikelle Robinson/MDHHS writes to colleagues that the Governor's office briefing maintains that Flint water does not represent an "imminent public health problem.11
58. September 24, 2015: Dr. Hanna-Attisha presents her findings about children tested for · lead in a press conference at Hurley Medical Center, reporting that the proportion of
children with elevated blood lead levels has increased since the switch to the Flint River water source in April 2014. MDHHS issues comments emphasizing differences between the Hurley analysis and preceding internal analyses by MDHHS that were not shared publicly. That same day, Robert Scott/MDHHS writes in an internal memo that he sees patterns in blood lead levels similar to what Dr. Hanna-Attisha has reported. 59. September 28, 2015: MDHHS Director Nick Lyon calls for analysis of the blood lead levels
in order to 1'make a strong statement with a demonstration of proof that the blood lead
levels seen are not out of the ordinary." No such analysis is ever provided. later that day, Governor Snyder is briefed by staff that the Flint water system is in compliance. 60. September 29, 2015: The Detroit Free Press publishes an analysis of Flint blood lead tests, concluding that Dr. Hanna-Attisha's analysis is correct. GCHO issues a health advisory regarding the water quality. Governor Snyder's office contacts Director Wyant and Director Lyon to consider emergency responses. 61. October 1, 2015: MDHHS issues a statement confirming Dr. Hanna-Attisha's analysis. 62. October 16, 2015: Flint switches back to DWSO as source of drinking water for the city.
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Regulatory Context
The federal Safe Drinking Water Act21 (SWDA) was enacted in 1974 and governs regulation of drinking water throughout the United States. It has been amended multiple times since its enactment, most recently in 2015. From the United States Environment Protection Agency (EPA) website:
*The Act authorizes EPA to establish minimum standards to protect tap water and requires all owners or operators ofpublic water systems to comply with these primary (health-related) standards. The 1996 amendments to SDWA require that EPA consider a detailed risk and cost assessment and best available peer-reviewed science, when developing these standards. State governments, which can be approved to implement these rules for EPA, also encourage attainment ofsecondary standards (nuisance-related). n22
Michigan enacted the state Safe Drinking Water Act (PA 399) in 1976. It establishes state authority for regulating drinking water supplies in Michigan. It also provides the statutory basis for the EPA's delegation to the Michigan Department of Environmental Quality (MDEQ) to implement the federal SWDA, including the Lead and Copper Rule (LCR).
Lead and Copper Rule
The Lead and Copper Rule (LCR), promulgated in 1991,23 falls under the SOWA. Short-term revisions, prompted following the incidence of elevated lead levels in the District of Columbia's water distribution system, were published in the Federal Register in 2007.24 From the guidance to the states on the rule:
The goal ofthe LCR is to provide maximum human health protection by reducing lead and copper levels at consumers' taps to as close to the [Maximum Contaminant Level Goals] MCLGs as Is feasible. To accomplish this goa~ the LCR establishes requirements for community water systems {CWSs) and non-transient non-community water systems (NTNCWSs} to optimize corrosion control and conduct periodic monitoring. Systems are required to perform public education when there are lead action level exceedonces at more than 10 percent ofthe taps
that are sampled, treat source water if it contributes significantly to lead and copper levels at the tap, and replace lead service lines in the distribution system if
the lead level at the top continues to exceed the action level after optimal corrosion control and/or source water treatment has been installed.25
The MCLG for lead in water is 0 milligrams per liter (mg/l); the action level requiring public notification of exceedanee is 0.15 mg/1 (also expressed as 15 parts per billion).
Large water systems, defined as those serving over 50,000 people, were required to have optimal corrosion control treatment (OCCf) by 1997. The rule requires large water systems that have met
21 42 U.S.C. §300f et seq., 1974 22 www.epa.gov/Jaws-regulatlons/summarv-safe-drinklng-water-act 23 56 FR 26460, June 7, 1991 24 12 FR sns2, October 2007 25 LCR Short-Term Revisions State Implementation Guidance-Final June 2008
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the OCCT requirements through the installation of corrosion control treatment to continue to operate and maintain that treatment.26
Currently, EPA is in the process of reviewing and revising the LCR through its established rulemaking procedures.
Public Health Context
Flint is now confronted by public health challenges: mitigating the effects of toxic lead exposure and ensuring an appropriate case-tracking and containment response to the outbreak of Legionellosis in Flint. Several attributes of these public health challenges are particularly noteworthy and informed our findings and recommendations:
Lead Exposure
Lead is a potent neurotoxin. For any gfven exposure, lead has more profound health effects in children because the exposure is distributed throughout the body's volume. Children's smaller body volumes convey larger risks from lead exposure; these effects are concentrated in brain cells.
One of the most concerning aspects of lead exposure is that once it has been deposited in the nervous system, lead cannot be removed. The impact of lead poison~ng on neurological development is permanent. Recent research has indicated that, with each 1 microgram per deciliter increase in blood lead level, children demonstrate decreasing performance on intelligence tests.27
Given the neurotoxicity of lead, for many decades medicine and public health experts have
focused on how to reduce lead exposure1 particularly for children. Known historical sources of
lead include lead in paint, lead in gasoline, and lead in water sources.28 Major federal laws have addressed these sources by prohibiting lead in paint, prohibiting lead in gasoline, and requiring corrosion control and testing of public drinking water sources to identify lead contamination in water (via the LCR, above).
In Michigan, prior to the Flint water crisis, trends in lead test results for children had told a story of public health progress. As recently as the late 1990s, almost 50 percent of young children (ages 1 to 2) in Michigan had blood lead levels of 5 micrograms per deciliter or above. By 2013, fewer than 5 percent of young children in Michigan had levels of 5 micrograms per deciliter or above.29 This downward trend mirrors similar improvements in communities across the United States.
25 40 CFR 141.82 (g) Continued operation and monitoring. All systems optimizing corrosion control shall continue to operate and maintain optimal corrosion control treatment, including maintaining water quality parameters at or above minimum values or within ranges designated by the State under paragraph (f) of this section, in accordance with this paragraph for all samples collected under §141.87(d) through (f). 27 Citations offered In "Elevated Blood Lead Levels in Children Associated With the Flint Drinking Water Crisis: A Spatial Analysis of Risk and Public Health Response,u by Mona Hanna-Attisha, MD, MPH; Jenny LaChance, MS; Richard Casey Sadler, PhD; and Allison Champney Schnepp, MD, American Journal ofPublic Health, November 2015. 28 For a discussion of the prevalent use of lead In the United States and the lead industry's conduct In light of the determination of Its toxicity, see Lead Wars: The Politics ofScience and the Fate ofAmerica's Children (2013), by Gerald Markowitz and David Rosner, who are interviewed on National Public Radio's Fresh Airin a March 3, 2016 episode titled, "America's 'Lead Wars' Go Beyond Flint, Mich.: 'It's Now Really Everywhere.'" 29 Known as the "reference level" as stated by the federal Centers for Disease Control and Prevention.
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These improvements have largely been attributed to reductions in lead paint in households rather than reductions in lead exposure through drinking water. In Michigan, routine blood lead level checks are recommended for children 1 to 2 years old who live in communities that are known to have historically high proportions of children with levels at the reference level or higher, and for all children with Medicaid health coverage. For the past decade, Flint has been one of 14 Michigan communities that have been identified by MDHHS as "focus communitiesn because of historically high levels of children with elevated blood lead
levels. Local and state health agencies are responsible, in coordination with children's healthcare
providers (physicians~ nurse practitioners~ etc.), for following up on elevated blood lead levels. Appropriate follow-up includes:
o Providing advice to families regarding increasing the nutritional quality of the child's diet to increase the amount of foods with high levels of iron, calcium, and vitamin C;
o Rechecking blood lead levels within 3 to 6 months to see whether the level has decreased
below 5 micrograms per deciliter, and continuing interventions and re-testing at this interval to assure progress; and
o Performing in-home assessments for environmental sources of lead (for example, lead paint, lead in dust) for children with blood lead levels of 10 micrograms per deciliter or more.30
Of note, before the Flint water crisis, in-home assessments did not routinely include testing of drinking water as a potential source of lead exposure.
Legionella Infections caused by Legionella bacteria can cause relatively mild illness in generally healthy
adults but can cause life-threatening illness and even death in elderly and immune-compromised
patients. Such infections almost never occur in children. legionellosis, the name given to infections caused by Legionella bacteria, has been recognized since the 1970s as often occurring
in environments with self-contained air supply systems (such as healthcare facilities) during nonwinter months when cooling towers for air conditioning can serve as breeding grounds for the
bacteria. Historically, Legionellosis is fatal in approximately 10 percent of cases.
legionellosis is a reportable disease, meaning that infections with Legionella must be reported to
local and state public health authorities. Public health specialists known as epidemiologists conduct analyses of cases, especially when the pattern of cases exceeds historical levels in a given jurisdiction.
Prior to the switch to the Flint River as a source of drinking water in 2014, the number of cases of Legionellosis in Genesee County had not exceeded 10 cases per year for several years. From June
2014 to March 2015, there were 45 cases of legionellosis in Genesee County, with 5 deaths. This was described by an expert from the CDC in 2015 as "one of the largest [outbreaks of
Legionellosis] in the past decade." About 40 percent of the cases had known exposure to
30 Prior to the Flint water crisis, environmental assessments were not performed for children with blood lead levels of 5 to 9 micrograms per deciliter, but only for children with blood lead levels of 10 micrograms per deciliter or higher.
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possible healthcare sources of Legionella; almost SO percent of cases had known exposure to Flint River-sourced water supply•31
According to the MDHHS report issued on May 29, 2015, it was not possible for the state epidemiologists to draw definitive conclusions that the change in water supply was related to the outbreak of disease, given the lack of clinical specimens of Legionel/a from patients diagnosed
with the disease in 2014-15. rt is speculated that clinical respiratory specimens (sputum) were not
available because antibiotic treatment was started presumptively after a positive urine test for Legionella, rendering any subsequent specimens indeterminate. Although urine specimens can confirm a diagnosis of Legionellosis, urine specimens cannot be used for determining the source of Legionella.
Subsequent data reported publicly by MDHHS on January 21, 2016, indicated that there were 42 . additional cases of Legionellosis from May 2015 through October 2015, with 4 deaths.32 Taking
the 2014-15 data together with additional 2015 data, MDHHS reported that 36 percent of cases likely were exposed to Flint River-sourced drinking water, and that again there were too few clinical specimens to draw definitive conclusions about contaminated water as the source of infection in these cases.
At the time of this report, the pattern of an abrupt increase in cases of Legionellosis in Genesee County in 2014-15 that occurred after a shift to the Flint River strongly implicates the water source and treatment of the water as a potential cause of higher Legionellosis case incidence. EPA experts Del Toral and Lytle have suggested that the treated water from Flint WTP has disrupted the previously stable lining and "biofilm" of water lines to such an extent that chlorine in the water supply has been excessively depleted. Del Toral also suggested that the flushing of fire hydrants may have stripped the biofilm and released bacteria (Legionella) that the biofilm had contained. If true, this may have led to a situation where Legionella may grow more abundantly than in a distribution system conveying properly treated drinking water.
Unfortunately, these are hypotheses. Definitive data for the analysis of cases in 2014 and 2015 are not available, so it is not possible to be conclusive about the cause. Nonetheless, great concern should remain about the clustering of cases among patients potentially exposed in healthcare facilities in the City of Flint and cases among individuals whose homes receive water from the Flint WTP.
MDHHS and GCHD have indicated that they will have a high level of vigilance in monitoring for cases of legionellosis in 2016. They have reminded healthcare professionals treating patients in Genesee County to obtain appropriate clinical (respiratory) specimens in suspected cases of Legionellosis before initiating treatment. This cooperation between public health and medical
professionals will be crucial to identifying the cause of future Legionellosis cases in Genesee
County and controlling outbreaks in the future. In addition, a team of scientists from multiple
31 Some of these cases had exposure to both Flint River water and to healthcare facilities. 32 Twenty-two of the 42 cases reported from May-October 2015 had known healthcare-related exposures In the two weeks prior to development of symptoms, and 21 of these were from the same healthcare facility. Sixteen of the 42 cases of Legionellosis in Genesee County from May-October 2015 were in individuals who had neither exposure to a healthcare facility nor exposure to Alnt River-sourced water.
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Michigan universities is expected to test Flint drinking water in 2016 to assess whether conditions in the system created an environment that heightened the likelihood of Legionella contamination.
Roles of Government Entities in the Flint Water Crisis
Many individuals, agencies and groups participated in the events leading to the Flint water crisis and the subsequent response. Their various roles and responsibilities have been subjects of considerable discussion and debate. In the subsequent sections, we describe the defined (or statutory) roles of many of these parties, as well as the nature of their involvement in the Flint water crisis. Findings and recommendations are also provided.
The water crisis in Flint is effectively elevating public awareness of the latent dangers associated with lead in water systems, which regulators and many water utilities historically have been reluctant to address beyond the addition of corrosion control treatment. As it responds to the acute crisis in Flint, the State of Michigan is in a position to set important precedents that may have application well beyond the state, as more utilities and regulatory agencies prepare for more aggressive approaches to address the problem of lead in water. This opportunity is noted in several of the recommendations provided below.
Michigan Department of Environmental Quality (MDEQ)
Defined Role
MDEQ is responsible for enforcement of the SDWA (including the Lead and Copper Rule (LCR)), the Clean Water Act (CWA) and other environmental regulations in the State of Michigan. With respect to drinking water, MDEQ's stated goal is that "Michigan's water resources are clean and safe" and a measure of success towards that goal is that "100 percent of the population has safe drinking water with no reported violations of health based standards."33 The agency's responsibility for SDWA compliance enforcement derives from it, like all other states except Wyoming, being delegated "primacy11 by the EPA.
Within the MDEQ, the Office of Drinking Water and Municipal Assistance (ODWMA) has responsibility for SDWA enforcement and lending assistance to public water suppliers. The ODWMA Community Water Supply Program's "primary function is regulatory oversight of approximately 1,425 community public water supplies in Michigan."34 The Community Water Supply Program provides capacity development and operator training and certification, operates certified laboratories, and monitors and reports on public water system violations. ODWMA staff who regulate compliance with the SDWA are not required to be licensed operators or have
experience with drinking water treatment plant or distribution system operations.
For many communities, ODWMA has been and continues to be relied upon to provide technical assistance and guidance on water treatment processes, approaches to managing distribution
33 "sustaining Michigan's Water Heritage: AStrategy for the Next Generation, Draft for Public Review,"' June 4, 2015. Prepared by the Michigan Office of the Great Lakes, in collaboration with Michigan Department of Environmental Quality, Michigan Department of Natural Resources, Michigan Department of Agriculture and Rural Development, and Michigan Economic Development Corporation, p. 6.
:M www.mlchlg~n.gov/deg/0,1607,7-135-3313 3675 3691--.00.html
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system water quality, and overall utility management. ODWMA historically has taken a collaborative approach with public water suppliers, offering guidance on technical requirements for compliance with environmental regulations.
Discussion
MDEQ is responsible for ensuring that community water systems comply with the SDWA. According to EPA Region V, ODWMA, which was originally within the state Department of Community Health, has more community water systems to regulate than other Region V states. Additionally, while all states' water system regulators in Region V are stretched financially, Michigan is particularly challenged because fees to operate the program are generally lower than fees charged by other states, requiring the state to rely more heavily on general funds and federal revenue.
For a variety of reasons, MDEQ discounted use of the FJint River as a permanent water source in 2013. However, it did agree to use of the river as a temporary source, conditioned upon completion of identified improvements to the Flint Water Treatment Plant (WfP). Flint was granted two permit modifications in April2014 that allowed the treatment plant to operate fulltime with the Flint River as the water source.
In advance of the City of Flint's conversion from DWSD water supply to use of Flint River water, MDEQ had multiple communications and meetings with Flint Utilities Department staff and their consultants. A plan of treatment of Flint River water was discussed and covered numerous issues including dosing of chemicals, use of polymers, and unit process performance. When asked by Flint water plant personnel about adding phosphate in the treatment process, as DWSD does for corrosion control; MDEQ said that a corrosion control treatment decision would be made after two 6-month monitoring periods were conducted to see if corrosion control treatment was needed. Similarly, distribution system operations requirements were outlined, including sampling and testing for compliance with the LCR that involved obtaining tap water samples from high-risk residences. ODWMA anticipated that use of Flint River water would be problematic35 but deferred to state emergency manager decisions to proceed.36 Subsequently:
o MDEQ advised Flint WTP staff, in contradiction to longstanding federal policy under the LCR, that corrosion control treatment was not required.
o MDEQ did not require appropriate sampling oftap water quality as mandated by the LCR. o MDEQ obstinately used water quality test results based on flawed sampling and insisted
on the accuracy of the erroneous data. o MDEQ dismissed expressed concerns of Flint residents, elected officials, and external
subject matter experts (as well as EPA).
35 1nternal March 26, 2013 MDEQ e-mail (Busch to Wyant, Shekter Smith, and others) noting, among other points: "Continuous use of the Flint River at such demand rates would: Pose an increased microbial risk to public health (Flint River vs. lake Huron source water), Pose an increased risk of disinfection by-product (carcinogen) exposure to public health (Flint River vs. Lake Huron source water), Trigger additional regulatory requirements under the Michigan Safe Drinking Water Act.n 361nternal March 27,2013 MDEQ e-mail (Sygo to Busch) noting, among other points: 11As you might guess we are in a situation with Emergency Financial Managers so it's entirely possible that they will be making decisions relative to cost. The concern in either situation is that a compliant supply of source water and drinking water can be supplied."
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o MDEQ inaccurately reported information about Flint's corrosion control to EPA, stating that Flint had an optimized corrosion control program when, in fact, it was not employing corrosion control treatment.
o MDEQ deferred requiring Flint to implement CCT until after the second 6-month monitoring period was completed and showed lead levels of 11 ppb, though EPA advised MDEQ to require Flint to have CCT as early as April2015;
o MDEQ waited on legal opinions about SDWA compliance requirements and delayed admission of its incorrect interpretation ofSDWA compliance requirements for (at least) 2 months.
o MDEQ insisted, even after compelling evidence of lead poisoning of children was presented, that Flint water quality met applicable SDWA standards.
o MDEQ failed (for more than a year) to work with MDHHS leadership and staff to ensure an appropriate and comprehensive public health response to repeated requests to address health concerns related to drinking water. MDEQ continued to insist the water was safe and met all federal requirements, and discouraged any statements that would imply that the water was not safe.
The obvious question that MDEQ, along with the Oty and its consultants, should have asked was: "What will happen without corrosion control treatment?" Similarly, they could have asked why a less corrosive source of water (Lake Huron water) would be required to have corrosion control treatment, but not the more corrosive Flint River source. In Flint, the more corrosive water source ultimately destroyed the protective scaling on pipes and plumbing that orthophosphate addition had provided through the water supplied by DWSD.
Findings The FWATF, as stated in our second letter to Governor Snyder,37 places primary resp.onsibflity for the Flint water crisis on the MDEQ, and specifically its ODWMA. This finding is based on numerous interviews and reviews of publicly available documents. Nothing in our subsequent interviews or our review of thousands of pages of related documents has dissuaded us from this fundamental conclusion. We found that:
F-1. MDEQ bears primary responsibility for the water contamination in Flint.
F-2. MDEQ, specifically its ODWMA, suffers from cultural shortcomings that prevent it from adequately serving and protecting the public health of Michigan residents.
F-3. MDEQ misinterpreted the LCR and misapplied its requirements. As a result, lead-in-water levels were under-reported and many residents' exposure to high lead levels was prolonged for months. Specifically:
o MDEQ's misinterpretation of the LCR and lack of due caution resulted in the decision not to require corrosion control upon the switch to the Flint River but, rather, to begin two consecutive 6-month water quality monitoring periods.
o MDEQ failed to promptly require corrosion control even after the initial6-month monitoring period results were received and 90th percentile lead sampling results were at 6 ppb, which would have disqualified Flint from being exempted from
37 See Appendix II for copies of the FWATF's letters to Governor Rick Snyder.
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having to have corrosion control treatment-even under MDEQ's flawed interpretation. o MDEQ's guidance to Flint on LCR compliance sampling techniques (calling for preflushing, use of small mouthed bottles, etc.), while possibly technically permissible, was not designed to detect risks to public health. MDEQ failed to take adequate steps to correct Flint water operations staffs inaccurate LCR sampling. o MDEQ ODWMA advised Flint Utilities Department personnel to make sure the rest of the water samples in the second 6-month monitoring period were clean, since the samples they had already submitted exceeded EPA's action level for lead. o MDEQ conveniently, and without adequate investigation, excluded LeeAnne Walters's water quality test results for purposes of determining whether Flint sampling results exceeded EPA's action level. F-4. MDEQ waited months before accepting EPA's offer to engage its lead (Pb) experts to help address the Flint water situation and, at times, MDEQ staff were dismissive and unresponsive. F-5. MDEQ failed to move swiftly to investigate, either on its own or in tandem with MDHHS, the possibility that the Flint water system was contributing to an unusually high number of Legionellosis cases in Flint. MDEQ caused this crisis to happen. Moreover, when confronted with evidence of its failures, MDEQ responded publicly through formal communications with a degree of intransigence and belligerence that has no place in government. These failures are not diminished, nor should focus on them be deflected, by the fact that other parties contributed to the disastrous decisions or the prolonging of their consequences.
Recommendations
R-1. Implement a proactive, comprehensive cultural change program within MDEQ, specifically its ODWMA, to refocus the department on its primary mission to protect human health and the environment. MDEQ should aspire to become a national leader through a proactive program designed to detect and address contaminants in public water supplies in a timely manner.38 o ODWMA should heighten its focus on protection of public health and provide technical assistance to advance public water system performance. o Technical assistance should not be oriented toward defining minimum requirements to achieve technical compliance with regulatory requirements. o In the event that regulatory requirements are ambiguous, ODWMA should default to public health protection.
38 For example, in the case of lead detection, ODWMA's program should have adopted water quality sampling procedures that maximized the potential for detection by identifying high-risk homes, prohibiting pre-flushing of service lines, and improving sample draw procedures.
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o MDEQ's program restructuring should address the findings of this and other program and incident reviews, and commit to transparent, accessible reporting on implementation of associated recommendations.
R-2. Establish an apprenticeship/certification program for MDEQ ODWMA employees that requires direct, hands-on experience with public water system operations. MDEQ OOWMA employees responsible for water system regulation and SDWA enforcement should be, or have access to, certified operators and subject matter experts (including, for example, those at EPA).
R-3. Strengthen SDWA enforcement, most notably for the LCR. The state has the ability to strengthen its own enforcement of the SDWA and not wait for action to occur at the federal level: o Reiterate (and clarify where necessary) appropriate sampling procedures, and establish them in rule revisions or guidelines such that they are clear for all to understand. Provide resources for public water systems to obtain authoritative guidance in the event of questions or concerns. o Make water sample test results required under the Lead and Copper Rule available to the public while protecting personally identifiable information.
R-4. Participate in the Flint Water Inter-Agency Coordinating Committee's (FWICC's) work team established to oversee conversion from DWSD-supplied to KWA-delivered water. MDEQ should draw from that work to revise its policies and procedures for approval of water treatment and distribution system operating regimens, particularly when source water changes are contemplated.
R-5. Participate in EPA's ongoing review and revision of the LCR, conveying lessons learned from the Flint water crisis.39
Michigan Department of Health and Human Services (MDHHS)
Defined Role
The Michigan Department of Health and Human Services (MDHHS)40 is responsible for addressing all matters of public health for the population of the state. MDHHS works to achieve this goal through a combination of primary prevention-preventing illnesses before they occur41-and secondary prevention-reducing the burden of disease once it has occurred.42 Meeting the responsibilities of MDHHS requires constant attention through surveillance programs and effective communication and coordination with public health partners at multiple levels of government (city, col:lnty, federal). MDHHS conducts surveillance for dozens of diseases
39 Also applicable for recommendations related to the LCR offered In the report section on the EPA and LCR.
°4 Created from the combination of the Department of Community Health and Department of Human Services in
2015.
41 For example, promoting and facilitating childhood vaccination against diseases such as measles and influenza. 42 For example, conducting screening programs to identify Individuals who have developed cancer so that they can receive appropriate medical care.
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and health conditions through a wide variety of efforts. For instance, MDHHS is recognized for a high-quality system of tracking childhood vaccination through the Michigan Care Improvement Registry (MCIR). MCIR allows state officials to assess children's vaccination levels on a regular (weekly) basis, and to identify neighborhoods and schools where vaccination levels may be so low that outbreaks of vaccine-preventable diseases are possible. As a result, MDHHS can then communicate with healthcare professionals who administer vaccines, and with parents of children who are not up-to-date on their vaccinations, to encourage them to protect their children against disease.
MCIR is a very positive example of the public health function of MDHHS. In the case of Flint, however, MDHHS's response to two public health concerns, related to lead exposure and cases of Legionella infection, did not meet the agency's own standard of performance.
Discussion Children's Exposure to Lead In Drinking Water
MDHHS includes the Childhood Lead Poisoning Prevention Program (CLPPP), which is responsible for tracking the results of all children's blood lead tests, and the Healthy Homes program, which is responsible for coordinating remediation of homes when high levels of environmental lead exposure are found for a child with an elevated blood lead level. All blood lead tests conducted in the state must be reported to CLPPP, under state law. For many years, CLPPP has functioned as a registry of blood lead tests, comparing aggregate results at the state level in the most recent year to levels in. prior years-typically in annual reports released in the summer following the end of a given calendar year. The primary outcomes reported have been the proportions of children with blood lead levels ~10 micrograms per deciliter and proportions with blood lead levels ~ micrograms per deciliter. For more than a decade, CLPPP has also specifically tracked local lead testing results in 14 "focus communities" known to have higher proportions of children with elevated blood lead levels than in other communities in Michigan. Flint is one such focus community.
The CLPPP operated under the assumption that children with elevated blood lead levels were being managed by their respective healthcare professionals. Therefore, no urgency was given to performing the comparisons that they published in annual reports, which were posted online without any public announcements. For this reason, there is no evidence that MDHHS conducted an analysis of blood lead levels in 2014 prior to late July 2015, after Governor Snyder's chief of staff Dennis Muchmore wrote to MDHHS officials expressing concern about many complaints from Flint residents about water quality in Flint.
On July 28, 2015, a MDHHS epidemiologist (Larder) performed a classic epidemiologic analysis of 2014 blood lead test data versus prior years and found a concerning pattern of elevated levels in Flint. On the same day, the CLPPP data manager (Scott) compared data over the preceding 5 years and concluded that the 2014 data were not substantially different than several preceding years. Scott's analysis was fundamentally flawed because he failed to consider that the proportions of children with high blood lead were declining over the years 2011-2013, and therefore 20141evels represented a clear deviation from the improving trend in previous years. For unclear reasons, these conflicting conclusions of Scott and Larder were not elevated to higher levels of authority within MDHHS. Rather, the explanation that there was no difference (from a · data manager rather than an epidemiologist) was allowed to persist for another 2 months. Messages from other MDHHS officials over that subsequent time period indicated that they were
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aware of the MDEQ narrative that the water in Flint was "safe" and did not present "an imminent public health problem.''
By September 2015, Dr. Mona Hanna-Attisha released her analysis of blood lead tests performed at Hurley Medical Center, showing that children's blood lead levels were clearly abnormal at a higher rate than in prior years. Of note, Dr. Hanna-Attisha and Professor Marc Edwards of Virginia Tech had formally requested release of CLPPP data from MDHHS (Scott) in previous weeks and months, but had never received such data, leading Dr. Hanna-Attisha to analyze data from Hurley Medical Center only. When the Hurley data were released, MDHHS issued statements indicating that the Hurley data were analyzed using different methodology than the state would employ, and MDHHS did not endorse the Hurley findings. A few days later, MDHHS Director Lyon sent a memo to MDHHS staff asking them to "make a strong statement with a demonstration of proof that the b1ood lead levels seen are not out of the ordinary.'' Within a few days, MDHHS epidemiologists had re-analyzed the data and reversed course, agreeing publicly with the Hurleybased analysis by October 1, 2015.
Subsequently, MDHHS changed its approach and began to analyze blood lead level data in the CLPPP database on a basis closer to "real time." In a series of reports released approximately every 2 weeks since November 2015, MDHHS has communicated with the public regarding the proportion of children in Flint with blood lead tests ~5 micrograms/deciliter. This is a promising step in transparency and timeliness.
However, excessive and likely harmful lead exposure already has occurred for hundreds and perhaps thousands of children in Flint, and it is now MDHHS's responsibility to follow up with comprehensive secondary prevention. MDHHS reports that about 200 children in Flint are known to have had childhood lead levels ~5 micrograms/deciliter when they were tested since April 2014 (the month of the water switch to the Flint River). This number of children is likely a profound underestimate of the number of children exposed; based on Census estimates and Medicaid records, the number of children under 6 years old living in the City of Flint is approximately 10,900. Given the known risks of lead neurotoxicity for young children, · appropriate near-term, middle-term, and long-term follow-up for children exposed to lead in Flint will include:
o Neurodevelopmental assessments, o Timely access to early childhood education, o Behavioral assessments and interventions in preschool years, o Educational assessments in preschool and school years accompanied by appropriate
learning support, and o Appropriate counseling and medical therapy to address attentional and behavioral
concerns at school age and into adolescence. Such comprehensive approaches to secondary prevention for children in Flint are consistent with a model framework for medical and public health response proposed by Dr. Mona Hanna-Attisha at Hurley Medical Center.
Despite the unmistakable connection between the quality of drinking water and public health, there is no liaison between MDEQ and MDHHS to ensure that complaints or concerns about water are brought to the attention of MDHHS staff in a timely fashion to prompt investigative action. The lack of a liaison function within state government also adversely affected the response to cases of Legionellosis, as described below.
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Cases of Leglonella Infection Legionellosis is an infection with species of bacteria called Legionella, so called because it came to prominence when many attendees at an American Legion conference fell ill in 1976.
Legionellosis has a broad spectrum of severity, causing relatively mild illness in some individuals who are generally healthy and causing much more severe illness in seniors and patients whose immune systems are weakened. It is generally fatal in about 10 percent of cases. Legionella bacteria live in water supplies and flourish in warmer temperatures and standing water, present in locations such as cooling towers for air conditioning systems. It is a reportable disease, meaning that any healthcare professional who makes the diagnosis must report the case to the local health department. In turn, the local health department reports cases to the state
health department. Fewer than 10 cases of Legionellosis per year were reported by GCHD in
years immediately preceding the switch of water source to the Flint River. MDHHS assisted GCHD with evaluation of the Legionellosis outbreak that began in 2014 and extended into early 2015, at GCHD's request. When the initial evaluation report was issued by
MDHHS epidemiology team in May 2015, it is unclear why they asserted the "the outbreak is
over"; subsequent reports released in January 2016 indicated that additional cases occurred beginning in May 2015.43 MDH HS indicated in its May 2015 report that data were inconclusive regarding a community source such as the water supply because of a lack of clinical specimens. While MDHHS's statement regarding the absence of conclusive evidence of a community source has scientific merit, it is evident that MDHHS was not calibrating its evaluation for the unusual circumstance of the switch to the Flint River in April 2014. In fact, although the report mentions it as a possible source, there is no explicit mention of the switch to a new raw water source in Flint, and new water treatment protocols, as possible causal factors. Although there was a January 2015 meeting that included MDHHS, MDEQ and GCHD regarding cases of Legionellosis in Genesee County, subsequent discussions of Legionellosis appear to have occurred within the silos of MDEQ and MDHHS until late 2015, and remained uncoordinated until the Governor's announcement about ongoing Legionella investigations in January 2016.
Findings
F-6. MDHHS's lack of timely analysis and understanding of its own data on childhood blood lead levels, along with its reliance on MDEQ and reluctance to share state data with Dr. Mona Hanna-Attisha and Professor Marc Edwards, prolonged the Flint water crisis.
F-7. MDHHS bears ultimate responsibility for leadership and coordination of timely follow-up efforts in Flint and across the state regarding childhood lead poisoning. While local entities (for example, healthcare professionals, GCHD, health insurance plans) are partners in efforts to protect children from lead poisoning, MDHHS has the lead role and failed to exercise its responsibility.
F-8. The consequences of lead exposure for Flint residents are expected to be long-term and will necessitate sustained investments in education, public and mental health, juvenile justice, and nutrition needs over the next 10 to 20 years.
49 This may have been related to delays in reporting between local heaJthcare professionals, GCHD, and MDHHS.
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F-9. Too few children in Michigan are screened for lead through routine blood tests as
recommended for children ages 1 and 2. Statewide screening goals for children enrolled in Medicaid are met in very few instances at the county level or within Medicaid health plans. This lack of information leaves parents, healthcare professionals, and local and state public health authorities uninformed about the possibility of lead poisoning for thousands of Michigan children.
F-10. Coordination between MDEQ and MDHHS was inadequate to properly address the public health issues related to water quality in Flint. Communication was infrequent, and when it did occur, the default position was to conclude that the health problems were not related to the water supply switch- rather than to assume that the problems might be related to the switch.
F-11. Communication and coordination among local and state public health staff and leadership regarding Legionellosis cases in 2014-2015 was inadequate to address the grave nature of this outbreak. The fact that these cases occurred while there were several simultaneous concerns about quality and safety of water in Flint should have caused public health staff and leadership at local and state levels to coordinate their actions to ensure a prompt and thorough investigation.
Recommendations
R-6. Establish policies and procedures at MDEQ and MDHHS to ensure input by health experts and scientists when permit dedsions may have a direct impact on human health.
R-7. Establish and maintain a Flint Toxic Exposure Registry to include all the children and adults residing in Flint from April2014 to present. The Flint Toxic Exposure Registry will serve as an authoritative reference source of information (including contact details [for example, primary contact information, back-up contact information, and preferred mode of contact]) for purposes of timely health assessments in the short-term and long-term, as well as subsequent communication regarding policies and scientific findings. Timely assessments will include clinical evaluations and re-evaluations in healthcare settings, appropriate follow-up conducted by public health professionals, and longitudinal assessments of the impact of environmental exposure on children's and adults' health (induding among pregnant women).
R-8. Re-establish the Michigan Childhood Lead Poisoning Prevention and Control Commission.
The Commission would perform a comprehensive review of the state's lead poisoning prevention program; evaluate the effectiveness of the program, including its ability to satisfy federal law requiring that 100 percent of all young children enrolled in Medicaid be screened with a blood lead test; and make recommendations for the program's improvement. The Commission would also conduct public hearings, review information from other sources., and study other states' experiences. The Commission must also develop short- and long-range strategic recommendations for childhood lead poisoning prevention and control in Michigan.
R-9. Ensure that MDHHS is transparent and timely in reporting and analysis of aggregate data regarding children's blood lead levels. M DHHS data regarding lead levels shall be provided
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to individuals and organizations, based on their expertise, upon request and in cases
when the interpretation of data by MDHHS is questioned.
R-10. Establish a more aggressive approach to timely clinical and public health follow~up for all children known to have elevated blood lead levels, statewide. MDHHS should expand its local efforts and partnerships to accomplish this goal. Whenever possible, routine screening for lead and appropriate follow~up should occur in children's primary care medical homes.
R-11. Strive to be a national leader In monitoring and responding to exposure of children to lead by converting the Childhood lead Poisoning Prevention Program (CLPPP) from passive collection of test results into an active surveillance and outreach program. Performance of the-surveillance program should be reported to the public. MDHHS should be prepared to amplify its efforts if performance targets are not met.
R-12.1mprove screening rates for lead among young children through partnerships with county health departments, health insurers, hospitals, and healthcare professionals.
R-13. As the state authority on public health, and as the organization that conducted the epidemiologic study of Legionellosis cases in Genesee County in 2014~15, take responsibility for coordinating with GCHD and CDC to protect Michigan residents from further outbreaks of Legionellosis.44
R-14. In cases of switches in drinking water supplies in the future, the state must assume that outbreaks of cases of Legionellosis may be related to changes in water source and should communicate the potential risk to the public, rather than assuming and communicating the opposite.
Michigan Governor's Office
Defined Role
The Governor of Michigan heads the executive branch of Michigan state government and has the power to reorganize state departments and appoint department heads. All executive branch departments of state government report to the Governor, including the three key departments involved in the Flint water crisis: MDEQ, MDHHS, and Treasury. The Governor also appoints personal staff to keep him informed of issues and events. Among other responsibUities, the Governor (through the Michigan Department of Technology, Management and Budget) submits an annual budget and has a line~item veto for appropriations bills.
Rick Snyder, Michigan's 48th Governor, took office in January 2011. He began his second term in January 2015.
44 Specific steps should include: (a) anticipate the risks of Legionellosis infections going forward; (b) take timely steps to minimize those risks in Flint drinking water by working with EPA, MDEQ and Flint WTP; (c) coordinate with healthcare facilities to minimize risks of healthcare facility-acquired Leglonellosis; (d) communicate with the public about steps being taken and cases of Legionellosis that occur.
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· Discussion
The Flint water crisis occurred during Governor Snyder's tenure. The Governor and his office were directly involved in same aspects of the crisis and briefed on some of the major decisions surrounding Flint drinking water. Emergency managers that he appointed made key decisions that led to and prolonged the crisis. He appointed the directors of the three state departmentsMDEQ, MDHHS, and Treasury-that bear differing degrees of responsibility for what happened.
The Governor and the Governor's office must rely heavily on information from state departments to make decisions, set directions, and take action. In this case, the individuals and departments on which the Governor relied for guidance provided wrong information, particularly on the issues related to lead in the drinking water and elevated blood lead levels in children. In particular, two state agencies attempted to dismiss and discredit credible evidence of threats to public health. MDEQ did not acknowledge the true extent of the Flint water problems until late September 2015. Likewise, MDHHS, which misread its own data on children's blood lead levels in Flint, did not inform the Governor of lead poisoning related to use of the Flint River as a water source until late September 2015.
However, Governor Snyder and certain executive staff members were aware before late September 2015 of several issues that are noteworthy and relevant. For example:
o The Department of Treasury approved the Flint emergency manager's decisions (supported by Flint City Council) to switch to KWA after negotiations across two entities under emergency management failed. Members of the Governor's staff-and the Governor himself-participated in some of those discussions.
o The Governor's office received citizen complaints and was well aware of numerous press stories about water quality problems as early as May 2014 and continuing throughout 2015.45•46
o The decision by General Motors (GM) in October of2014 to use Flint Township water instead of Flint WTP-sourced water for its Flint Engine Operations facility was not only known to executive staff members of the Governor, but was also cited as a reason to switch back to DWSD (see below).
o In late January 2015, at least one member of the Governor's office was informed that concerns were being raised in the MDEQ about the Legionellosis outbreak in Genesee County and possible connection to the Flint water suppJy.47
o In March 2015, at least one of the Governor's office staff members was advised of the legionellosis outbreak in Flint and local health department concerns of a potential link to the Flint water conversion.48

45 This was subsequent to Department ofTreasury•s approval of the Flint emergency manage.r's decision to contract

with LAN to upgrade the Flint WTP to treat water from the Flint River as the primary drinking water supply, instead

of purchasing water from DWSD.

46 The October 1, 2014 MDEQ briefing paper to Governor's office regarding City of Flint drinking water situation (boil

water notices) ascribes problems to aged, inadequately maintained, cast iron pipe in the distribution system.

7 "

See

January

30,

2015

e-mail

from

Brad

Wurfei/MDEQ

to

Dave

Murray,

Governor

Snyder's

deputy

press

secretary,

re: Leg/one/fa.

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o In March 2015, the Governor's chief of staff proposed buying and distributing bottled water in Flint because of citizen concerns about water quality.
o In mid-summer 2015, an aide to Governor Snyder arranged for the donations of water filters to be distributed in Flint to address concerns about water quality.
o In mid-summer 2015, the Governor and senior staff discussed Flint water issues; lead was apparently part of those discussions.
The switch to the Flint River as the primary source of drinking water for the City of Flint occurred in late April2014. On October 14, 2014, after citizen complaints about the water's odor, color and taste49 and the dedsion by GM to leave the Flint water system, two key executive staff members traded emails suggesting that, given these problems, it was time to switch back to DWSD for Flint's drinking water. Other executive staff members received these emails, andaccording the Governor's chief of staff at the time-the Governor was informed of the concern and the suggestion. A phone conversation occurred between key staff members Valerie Brader and Rich Baird and the Flint emergency manager about the suggestion. The emergency manager assured these Governor's office staff members that the water quality problems were not of a permanent nature and asserted that it would be too costly to switch back to DWSD. That conversation ended any serious discussion about switching back to DWSD at that time.
The suggestion to switch back to DWSD was revisited in mid-summer 2015. However, MDEQ continued to provide reassurances that the treated water reaching homes in Flint was both safe and in compliance with SDWA requirements. These continuing reassurances, as well as the cost issue, apparently prevented any systemic or comprehensive review of the water situation in Flint.
According to Governor Snyder, it was not until after September 28, 2015, that he was personally advised that MDEQ and MDHHS had been wrong for months about the reality of lead in the water and children's blood lead levels.
Discussions about the Flint water situation were also conducted in the context of overarching discussions about financially distressed cities served by emergency managers, and Flint in
particular. Flint water issues were a focal point for senior staff and were discussed with the
Governor. Considerable frustration was apparent due to new issues arising just as i-mmediate problems seemed on the road to improvement. Continued reliance on MDEQ drove poor decisions-or the lack of decisions.
As the Flint water crisis unfolded, certain state agencies' perceived need to defend the original decision to switch to the Flint River and resist a return to DWSO resulted in public relations and communications efforts that have, at times, been inappropriate. In the spring and summer of 2015, for example, this perceived need to defend a flawed decision manifested itself in attempts by MDEQ and MDHHS to discredit accurate information on lead in drinking water and elevated blood lead levels provided by outside experts. Citizen concerns were at times derided and dismissed, in spite of the fact that various members of the Governor's staff had expressed-and were expressing-concerns about the water situation in Flint at the same time.
48 See March 13, 2015 E-mail from Brad Wurfei/MDEQ to Harvey Hollins/Governor's office. 49 Though not, at that time, related to lead orTTHMs.
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To some extent, inappropriate official public relations efforts continue to this day. Even as the state is aggressively engaged in mitigation efforts in Flint, the statement that the Flint water crisis was a local, state, and federal failure implies that blame is attributable equally to all three levels of government. Primary responsibility for the water contamination in Flint lies with MDEQ. In addition, at the time of the water crisis, Flint was under the control of state-appointed emergency managers, who made k~y decisions that contributed to the crisis. Because of these two facts, the state is fundamentally accountable for what happened in Flint.
Though delayed, we acknowledge and support the many steps the Governor has taken to date to address the implications of lead in the Flint water supply-the state declaration of emergency, the establishment of both the Flint Water Inter-Agency Coordinating Council and Mission Flint, additional funding for addressing the health issues faced by lead-poisoned children in Flint, partial reimbursement for water bills paid during the time of lead contamination, and progress on a plan to replace LSLs.
Findings
F-12. Ultimate accountability for Michigan executive branch decisions rests with the Governor. F-13. The Governor's knowledge, and that of Governor's office staff, of various aspects of the
Flint water crisis was compromised by the information-much of it wrong-provided by MDEQ and MDHHS.
F-14. The Governor's office continued to rely on incorrect information provided by these departments despite mounting evidence from outside experts and months of citizens' complaints throughout the Flint water crisis, only changing course in early October 2015 when MDEQ and MDHHS finally acknowledged the extent of the problem of lead in the public water supply.
F·lS. The suggestion made by members of the Governor's executive staff in October 2014 to switch back to DWSD should have resulted, at a minimum, in a full and comprehensive review of the water situation in Flint, similar to that which accompanied the earlier decision to switch to KWA. It was disregarded, however, because of cost considerations and repeated assurances that the water was safe. The need to switch back to DWSD became even more apparent as water quality and safety issued continued and lead issues began to surface in 2015, notwithstanding reassurances by MOEQ.
F-16. The Flint water crisis highlights the risks of over-reliance-in fact, almost exclusive reliance-on a few staff in one or two departments for information on which key decisions are based.
F-17. Official state public statements and communications about the Flint water situation have at times been inappropriate and unacceptable.
Recommendations
R-15. Expand information flow to the Governor so that information providing the foundation for key decisions comes from more than one trusted source-and is verified.
R-16. Create a culture in state government that is not defensive about concerns and evidence that contradicts official positions, but rather is receptive and open-minded toward that
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information. View informed opinions-even if critical of state government-as an opportunity for re-assessing state positions, rather than as a threat.
R-17. Ensure that communications from all state agencies are respectful, even in the face of
criticism, and sensitive to the concerns of diverse populations.
R-18. The Governor must assume the leadership of, and hold state departments accountable
for, long-term implementation ofthe recommendations in this report, including but not limited to the need for cultural changes across multiple state agencies, the need for health mitigation and LSL replacement in Flint, and the need for a funding strategy to address replacement of LSLs statewide.
R-19. Review budget requests for MDEQ to ensure adequate funding is provided to the
ODWMA. EPA audit and interviews indicate that Michigan's drinking water program might have one of the lowest levels of financial support within EPA Region V while having one of the largest, if not the largest, number of community water systems to regulate.
State-Appointed Emergency Managers
Defined Role
The role of the emergency manager (EM) under the Emergency Manager Law, PA 436, is clear and unambiguous. Though they report directly to the Department of Treasury, EMs have complete authority and control over municipal decisions. In that context, the EMs had the responsibility to ensure that Flint water system operations were adequately resourced and supported by personnel and consultants with adequate training and expertise.
Discussion
Owing to significant declines in economic vitality and substantial outmigration since (at least) the 1990s, Flint was first placed in financial receivership under an emergency "financial" manager
between 2002 and 2004.50 Since 2011, the City has been under some form of state-ordered and
controlled emergency financial management.51 During this time, four different EMs have served for varying lengths of time, one serving twice.52 Our interviews confirmed the EMs reported to and interacted regularly with Treasury officials. They discussed issues such as public safety, staffing requirements, and financial matters. The EMs, working through Treasury, also would contact other state agencies for assistance on a regular basis, such as the State Police on law enforcement matters.
50 Imposed under PA 72 of 1990. 51 In 2011, PA 72 was replaced by PA 4, which amplified the powers of an appointed EM. The voters repealed PA 4 in November 2012, but a subsequent statute was passed by the legislature in December 20U: PA 436 of 2012. That statute is not subject to a voter referendum and has been in effect since March 2013. 52 Ed Kurtz served as Flint's emergency financial manager under PA 72 of 1990 from May 2002 to 2004; Michael Brown was appointed in December 2011 under PA 4; Ed Kurtz became EM again in August 2012; Michael Brown was reappointed again in June 2013; Darnell Earley replaced Brown In October 2013; Jerry Ambrose replaced Earley in January 2015; and Ambrose left in April 2015 when control over the city's finances was assigned to a city administrator under the supervision of a Receivership Transition Advisory Board.
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Numerous decisions were made between December 2011 and April 2015 that had some impact on the decision to use the Flint River as the primary source of drinking water for the City of Flint. Various state-appointed EMs served during this timeframe and it was these EMs who made these
decisions, not locally elected officials. Although it is true that some locally elected officials
supported, acknowledged, embraced, and even celebrated some of the decisions, the decisions were not theirs to make. The state-appointed EMs made the dedsions.
Specifically, Flint EM Ed Kurtz authorized use of the Flint River as a water source for Flint, as clearly indicated by his approval of a sole-source contract for the engineering firm Lockwood,
Andrews, &Newnam (LAN) to prepare the Flint WTP for full-time treatment of Flint River water.
Darnell Earley was the incumbent Flint EM and presided over the switch of water sources in April 2014. He and later EM Jerry Ambrose were in place during periods when citizens requested a return to DWSD because of health problems they were experiencing. Neither Darnell Earley nor Jerry Ambrose seriously considered a return to DWSD in part because MDEQ, local staff and their consultants assured the EMs that the water quality problems were manageable and that there was nothing seriously wrong with the water.53 In March 2015, nearly one year after the source water conversion, Jerry Ambrose stated that a reconnection to DWSD would cost the City $10.1 million per year and that water purchases could be as high as $1 million per month-essentially asserting that it was unaffordable.54
In any event, the facts in this case point to the reality that state government, as the entity in charge of Flint decision-making, failed to protect the health of the city's residents. Regardless of any successes of the EM process in other Michigan cities, this failure must force us to review the EM law and the general approach to financial problems. Government approaches to cities in fiscal distress must balance fiscal responsibility with the equally important need to address quality of life, economic development, and infrastructure maintenance and provision.
Findings
F-18. Emergency managers, not locally elected officials, made the decision to switch to the Flint River as Flint's primary water supply source.
F-19. Treasury officials, through the terms of the local emergency financial assistance loan executed by the Flint emergency manager on April29, 2015, effectively precluded a return to DWSD water, as Flint citizens and local officials were demanding, without prior state approval.
The Emergency Manager law is predicated on the provision that any ongoing accumulated local government deficit is resolved prior to the termination of receivership (P.A. 436 of 2012). As the city of Flint neared the end of its Emergency Manager status in March 2015, the city still retained an $8 million accumulated deficit in the General Fund. To resolve this accumulated deficit, the state and the Flint EM, with the concurrence of Flint's Oty Coundl, signed an emergency loan agreement between the City of Flint and
53 See, for example, ncity of Flint Water System Update with Questions and Answers,a February 16, 2015, posted to City of Flint website at www.cltyofflint.com/wp-content/uploads/Water-Sysytem-FAQ-Update-2-16-151.pdf. as confirmed in FWATF Interviews of Flint's former EMs. 54 Memorandum dated March 3, 2015, to Deputy State Treasurer Wayne Workman.
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Michigan's Local Emergency Financial Assistance Loan Board for nearly $8 million.55 This emergency loan included a provision that the City of Flint could not, without prior state approval, return to DWSD or lower water rates.
F-20. The role of the EMs in Flint (in combination with MDEQ's failures) places primary accountability for what happened with state government. Trying to assign responsibility to an individual EM for the decision to use the Flint River is pointless-and the answer ambiguous. One EM set it in motion, another presided over the actual event, and two EMs did not seriously entertain reversing the decision in the face of public protest. The latter refusals were for simple reasons: they received uexpert'' advice that the water was safe to drink, and they concluded that switching back to DWSD would be too costly.
We believe the larger issue is one of accountability. Who is accountable for the decisions made by the EMs in Flint? We believe the state must assume that accountability. If the state does not assume that responsibility, given the role the state has in both the appointment of EMs and the line of accountability to the Department of Treasury, then no accountability exists at all.
F-21. EMs charged with financial reform often do not have, nor are they supported by, the necessary expertise to manage non-financial aspects of municipal government.
F-22. Michigan's Emergency Manager Law and related practices can be improved to better ensure that protection of public health and safety is not compromised in the name of financial urgency. The EM Law is predicated on the concept that a local financial crisis-such as that which occurred in Flint in 2011-is due to the inability of local officials to address the problem. The EM is supposed to be able to better handle the situation, make better and faster decisions, and resolve the crisis. The EM law states "[t]hat the fiscal stability of local governments is necessary to the health, safety, and welfare of the citizens of this state and it is a valid public purpose for this state to assist a local government in a condition of financial emergency."56 The EM is deemed necessary not only to resolve the fiscal problem but also to protect the public health and safety. Yet in the case of Flint, while other state and local officials were involved, EMs were at the heart of decision-making processes that prolonged lead exposure occasioned by MDEQ's failure to prescribe appropriate treatment for the Flint water system.
Recommendations
R-20. Review Michigan's Emergency Manager Law (PA 436) and its implementation, and identify measures to compensate for the loss of the checks and balances that are provided by representative government.
55 Note that the Resolution presented to Flint City Council by the Flint EM, Resolution 150302.1, contained no Information regarding the DWSO and water rates conditions contained In the emergency loan. 56 Michigan Public Act 436 of 2012, Section 3 (c).
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Although we acknowledge that controversy will always accompany state receivership in whatever form, we recommend a review of PA 436. While some of the checks and balances inherent in democratic decision-making are necessarily and by definition absent under emergency management-as is also true under bankruptcy-proper and efficient .checks and balances per se should not be a casualty of state receivership. Neither should avenues for citizens to voice their concerns, particularly regarding matters of public health and safety.
R-21. Consider alternatives to the current EM approach-for example, a structured way to engage locally elected officials on key decisions; an Ombudsman function in state government to ensure that local concerns are a factor in decisions made by the EM; and/or a means of appealing EM decisions to another body.
R-22. Ensure proper support and expertise for EMs to effectively manage the many governmental functions of a city. Decisions on matters potentially affecting public health and safety, for example, should be informed by subject matter experts identified and/or provided by the state. EMs are asked to ensure the protection of the public health and safety and yet are not provided adequate tools and resources to achieve this objective. EMs are empowered to effect cost-cutting measures such as the ability to terminate contracts and restructure budgets. However, they are given little or no priority access to state or federal resources or assistance in undertaking the complex activities of running a municipality. Other states take different approaches that may do a better job of balancing the need for fiscal discipline with the need to provide basic public services, especially when scientific, health, and/or engineering expertise is involved.
City of Flint
Defined Role As the owner of its public water system, the City of Flint has responsibility for compliance with the SDWA under Act 399. These responsibilities include "ensuring proper design, construction, operations and maintenance, so that contaminants in tap water do not exceed the standards established by law." The City is "required to employ properly certified water operators that are trained and experienced to operate the treatment and distribution system." The City must "test its water routinely for specified contaminants and report the results to MDEQ." If a water system is not meeting these standards, it is the water supplier's responsibility to notify its customers when there is a problem with water quality.57 With a planned change in water source, it is the City's responsibility to carefully plan and test water treatment techniques, ensure staff is knowledgeable about treatment protocols, and monitor distribution system water quality. We note that decisions affecting these responsibilities, particularly those that had financial implications, were ceded to Flint's EMs throughout the course of the Flint water crisis.
57 Quotes are from the MDEQ's 110Ut~ne of Flint Drinking Water Issues for Flint Water Task Force/' p.3.
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Discussion City of Flint Public Works executive leadership and staff were immediately responsible for treating Flint River water and for monitoring water quality in the distribution system. SDWA compliance is the obligation of the public water supplier, and it is their hands that public trust is placed. Flint was responsible for ensuring that its WTP was adequately upgraded and tested to perform full-time operations, that operations staff members were adequately trained and familiar with treatment processes, that the treatment technologies used were adequate to produce safe drinking water, and that the water quality throughout the distribution system (all the way to consumers' taps, in the case of the LCR) was in compliance with regulatory requirements, as confirmed using appropriate sampling procedures. These standards of practice were not met in Flint.
The City relied on Flint Utilities Department staffs limited experience, consultant advice, and most substantially M DEQ for technical support. In this respect, Flint was similar to many communities in Michigan that rely on MDEQ for technical assistance and advice on regulatory compliance requirements. However, in Flint, that reliance was tragically misplaced.
Our interviews underscored several troubling aspects of the inexorable drive to leave the DWSD system and use the Flint River as an interim supply source for drinking water. Most obviously, the parties simply failed to adequately appreciate (or signal) the complexities involved in treating Flint River water, or the potential implications of water chemistry changes to the city's water distribution network. We note that Flint endured a series of water quality threats-from Ecoli contamination to high total trihalomethane (TTHM) levels-that could have been prevented. Increased lead exposure and increased incidences of Legionellosis likely are the most serious health consequences of a sustained period of water quality problems that clearly overwhelmed Flint staff. At best, consultant support for Flint River water treatment, and later for redress of distribution system water quality problems, focused on specific issues without adequate consideration for latent public health dangers.
The Flint Utilities Department personnel were under-trained, inexperienced with full-time plant operations, and ill-prepared to manage complex water chemistry issues. We note that selected staff members conveyed concerns as events unfolded, only to have those concerns discounted. Several aspects of the situation are particularly troubling.
o Less than one month before startup of full-time Flint WTP operation, MDEQ was uncertain about its requirements for the transition. MDEQ staff noted internally that Flint would face complexities in treating Flint River water and challenges with full-time operation of the dated WTP.58
o It is not dear that Flint's resident consulting engineers, LAN, had adequate expertise and experience with river water treatment, yet the firm was engaged through a sole-source contract. 59
58 See, for example, Stephen Busch e-mail of March 26, 2014- and his e-mail of exactly one year earlier.
59 LAN representatives were not made available for interview. Questions were provided in writing and sent to LAN (and are Included in Appendix IV); responses were not received prior to publication of this report.
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o Flint WTP operators were hired too late in plant ramp-up efforts to enable full-time staffing, which precluded adequate training on plant operations.
o MDEQ misinterpreted the Lead and Copper Rule (LCR) in determining that corrosion control treatment was not necessary with commencement of full-time WTP operation. Neither Flint Utilities Department staff nor their consulting engineers were given either to question this misinterpretation, or to institute rigorous distribution system water quality monitoring to safeguard against corrosion-causing water quality issues.
We note that FlintWTP supervisory personnel's expressed concerns regarding readiness to begin full time operations-including appropriate LCR-mandated sampling-and these concerns went unheeded.60 However, it seems clear that these concerns were voiced in an environment that was unreceptive to reconsideration of the City's chosen course, mandated by its EMs.61
We also are dismayed by the inadequate and technically flawed efforts Flint Utilities Department personnel undertook, based on MDEQ.'s instructions, to assess distribution system water quality. As a result, Flint's water quality sampling was fundamentally flawed, giving false assurances and an untenable basis for MDEQ's claims that Flint's system was delivering safe water. The series of missteps and outright errors is well documented,52 including sampling of pre-flushed lines, use of narrow-mouthed bottles, and perhaps most egregiously failure to select high-risk homes for testing, as required by the LCR. It is hard not to attribute this conduct to a misguided objective of securing nominallCR compliance irrespective of what conditions might actually exist in the homes of Flint residents.
Also troubling, though not altogether uncommon among U.S. water systems, is Flinrs admission that it had not conducted a census of LSLs as required by the LCR. Without this information, Flint was not in a position to identify high-risk homes to properly monitor lead levels and comply with the LCR.
In summary, while we cannot begin to explain or excuse MDEQ's transgressions in its oversight of the conversion to the Flint River water supply, the Flint Public Works role in the crisis appears attributable to an inexperienced and poorly resourced organization struggling to take on enormous, untenable responsibilities. Flint's EM, relying on sole-sourced consultant support, held responsibility for ensuring adequate staffing, training, and preparation for conversion of Flint's drinking water source. Those responsibilities were not met.
Findings
F-23. Flint Public Works personnel were ill-prepared to assume responsibility for full-time operation of the Flint WTP and distribution system.
60 April17, 2014 e~mail from Flint Utilities Department's Michael Glasgow to Adam Rosenthal, Mike Prysby, and Stephen Busch at MDEQ. 61 See, for example, April 24, 2014 e-mail from Daugherty Johnson, City of Flint Utilities Administrator, and Mike Prysby and Stephen Busch/MOEQ, including Flint Public Works Director Howard Croft. 62 See, for example, "'COMMENTARY: MDEQ Mistakes and Deception Created the Flint Water Crisis," September 30, 2015, Siddhartha Roy, Flintwaterstudy.org, and February 27, 2015 e-mail from Miguel Del Torai/EPA to MDEQ: "If systems are pre-flushing the tap the night before collection of LCR compliance samples (MDEQ still provides these Instructions to public water systems) this clears particulate lead out of the plumbing and biases the results low by eliminating the highest lead values."
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F-24. The Flint WTP and installed treatment technologies were not adequate to produce safe, clean drinking water at startup of full-time operations. Flint's lack of reinvestment in its water distribution system contributed to the drinking water crisis and ability to respond to water quality problems.
F-25. Flint Public Works personnel failed to comply with LCR requirements, including the use of optimized corrosion control treatment and monitoring for lead. Flint personnel did not
identify residences with LSLs, secure an adequate number of tap water samples from
high-risk homes, or use prescribed sampling practices (for example, line and tap flushing methods and sample bottle sizes).
F-26. Flint Public Works acted on inaccurate and improper guidance from MDEQ.
F-27. Many communities similarly rely on MDEQ to provide technical assistance and guidance on how to meet regulatory requirements. In the case of Flint, MDEQ assistance was deeply flawed and lax, which led to myopic enforcement of regulations designed to protect public health.
F-28. The EM structure made it extremely difficult for Flint citizens to alter or check decision-
making on preparations for use of Flint River water, or to receive responses to concerns about subsequent water quality issues.
Recommendations
R-23. Establish and fund a team of subject matter experts in water system operations (treatment and distribution system management) to support and train water system personnel, guide safe system operation under current conditions, and prepare for
successful conversion to KWA.
In addition to creating water quality problems, the switch to the Flint River may have precipitated conditions in Flint's water system that increase the potential for Legione//a to
occur. With warmer temperatures in 2016, there is a heightened need for multi-agency coordination on testing of the Flint water system for the presence of Legionella, and on
public health monitoring for the incidence of Legionellosis and determinations of sources.
R-24.1mplement a programmatic approach to Flint WTP and distribution system operations,
maintenance, asset management, water quality, capital improvements and public engagement (including risk communication) to ensure that the disparate ongoing efforts
to address Flint water system infrastructure needs are coordinated, fully documented,
and structured to sustain high-quality potable water service over the long term.
Though not the subject of the FWATF's review, it is apparent that the Flint water utility faces acute financial challenges due to earlier financial management practices, as well as successful challenges to EM-ordered rate increases. These circumstances impose an unprecedented context for establishing defensible water rates and collection practices in a community that was already facing difficult water affordability challenges. Careful financial planning and management will be required to secure and effectively deploy external funding assistance, and to gradually stabilize water system revenues to sustain
water utility operations over the long term. This must be complemented by an effective
public education and engagement program, and innovative water affordability strategies to advance universal access to potable water service.
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R-25. Implement a robust public engagement and involvement program in conjunction with the anticipated conversion to KWA-delivered water and provide for regular reporting to the Flint Water Inter-Agency Coordinating Committee (FWICC).
Genesee County Health Department (GCHD)
Defined Role
As a local health department, the Genesee County Health Department (GCHD) is responsible for all government public health functions for residents in their jurisdiction, including the City of Flint. Like the vast majority of cities in Michigan, Flint does not have its own public health officials and Instead relies on its county health department (GCHD) to perform public health functions. GCHD must coordinate and communicate effectively with city officials and the public. Specific to the Flint water crisis, GCHD responsibilities include investigating outbreaks of reportable diseases such as Legionellosis and conducting timely in-home assessments of potential sources of lead exposure for children found to have elevated blood lead levels.
Importantly, the functions of local health departments also include cooperative coordination with state public health authorities (MDHHS), and in tum with federal public health authorities (for example, Centers for Disease Control and Prevention [CDC]) as needed. The expectation is that local health departments manage issues that arise in their jurisdictions. State public health authorities become involved at the request of local authorities and/or when events such as an outbreak involve more than one jurisdiction (that is, more than one local health department). In turn, MDHHS requests help from the CDC as needed. This local-to-state-to-federal sequence is designed to facilitate communication, coordination, and follow-up among officials at multiple levels of authority, and it requires mutual trust, collaboration and effective communications across agencies.
Discussion
In summer 2014, after the change of water source for the City of Flint, there were two public health problems that arose within the jurisdiction of GCHD: exposure to lead and exposure to Legionella.
Exposure to Lead In contrast to legionellosis, which has involved GCHD as a front-line responder, GCHD was not extensively involved in responding to exposure of children to lead from the Flint water supply. Elevated blood lead level records are maintained as part of a regularly updated listing of test results by MDHHS in the statewide Childhood Lead Poisoning Prevention Program (CLPPP). GCHD was involved as a coordinating organization for conducting tests and relaying test results to the state.
Cinicians are responsible for testing children's blood for lead in early childhood on a routine basis. Health insurance plans (especially those that contract with state Medicaid) are responsible for encouraging families and clinicians to have children screened at the appropriate ages and then following up with children whose blood lead levels are elevated. GCHD would get involved for children with elevated lead levels that prompted in-home assessments of possible sources of environmental lead exposure.
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Since the switch to the Flint River, a higher proportion of children in Flint have had elevated lead levels that would prompt in-home assessments. Several aspects of the GCHD-MDHHS response are noteworthy:
o GCHD was overwhelmed with the need for in-home assessments, and MDHHS supported training· and placement of outreach nurses in GCHD to supplement its workforce.
o GCHD had been asked only to reach out to pregnant women who might have had lead exposure, rather than performing their usual in-home assessment duties. MDHHS tasked an outside firm with performing the in-home assessments.
o As of late January 2016, only about one-fifth of children known to have had elevated blood lead levels in Flint since April 2014 had received in-home environmental assessments (including water testing).
Leglonella After the switch to the Flint River in 2014, the Flint Utilities Department began flushing water mains citywide to address brown-colored water resulting from corrosion of pipes in the distribution system. Many fire hydrants ran for days, which may have disrupted the "biofilm," a slime coating (which is distinct from the scaling provided by corrosion control treatment) on the inside surface of the water mains and water service lines. When the biofilm was disrupted, Legione/la and other bacteria may have been released. In addition, EPA experts Del Toral and Lytle believe that corroding pipes likely absorbed chlorine in the water, leading to extremely low chlorine levels that were insufficient to kill Legionel/a in the water. Also, given the small population in Flint compared to the large water distribution system developed to serve the city's larger population in decades past, water likely pooled in the system for excessively long periods, providing an ideal environment for bacterial growth.
As noted above, several cases of Legionellosis occurred in patients who likely were exposed to Legione/Ja in healthcare facilities. Mclaren Medical Center in Flint responded to the incident by hiring a Legionella expert, spending $300,000 for systems to eliminate the bacteria, and changing practices on their wards to instruct patients not to take showers (because aerosols can spread Legionella).
During this timeframe, the City of Flint (Mayor Dayne Walling, EM Jerry Ambrose and others) asserted the water was safe. Even while outbreak investigations were ongoing, GOlD and MDHHS did not issue a bulletin to the medical community or the public. The Legionella expert hired by the hospital and other water quality experts cannot dismiss the possibility of a link between the Legionellosis outbreaks and lack of proper corrosion control and disinfection in the City's water system.
In FJint, neither the Flint EM nor his appointed City Administrator, GCHD, or MDHHS fully disclosed the Legionellosis outbreak to local medical professionals or the general public. Moreover, this outbreak, which is always associated with water supplies, was not communicated by MDEQ with sufficient urgency to the Governor's office.
In contrast, New York City experienced an outbreak of Legionellosis attributed to several hospital cooling systems in different parts of the city in summer 2015. Public health officials made
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announcements to City residents about the cases and the outbreak was reported in the media, along with health advice for the public.
Findings
F-29. Communication, coordination and cooperation between GCHD, the City of Flint and MDHHS were inadequate to protect Flint residents from public health threats resulting from inadequately treated Flint River water.
F-30. The rate of follow-up on children with elevated blood lead levels through January 2016 was unacceptable, illustrating a low level of coordination between GCHD and MDHHS and insufficient resources devoted to this task.
F-31. Management of the Flint River-sourced water supply may have contributed to the outbreaks of Legionellosis cases in 2014 and 2015 in Genesee County. Although the definitive cause of the outbreaks is uncertain at the time of publication, GCHD and MDHHS did not notify the public of the outbreaks in a timely fashion in order to urge caution.
Recommendations
R-26.1mprove follow-up on public health concerns between GCHD, MDHHS and the City of Flint now and in the future, to effect timely, comprehensive, and coordinated activity and ensure the best health outcomes for children and adults affected.
R-27. Presume that the risk of Legionella may remain elevated in the Flint water distribution system and must take appropriate steps with public and private partners to monitor and mitigate that risk as concerns about water quality continue in the City of Flint.
R-28. Coordinate with state officials (MDHHS) and with local healthcare professionals and healthcare institutions in Genesee County and the City of Flint to mitigate the risk of Legionellosis in 2016 and beyond.
It is not clear whether the switch back to DWSD in October 2015 and subsequent addition of corrosion control will change the conditions for Leglonel/a growth in the Flint water distribution system. In addition, the strong predominance of cases linked to healthcare exposure at one particular hospital in Flint underscores the critical importance of. appropriate and timely antiseptic use by healthcare facilities to reduce the risk of Legionellosis.
To facilitate appropriate collection of Legionella specimens that will permit tracing of Legionella species in the setting of any further outbreaks, healthcare professionals in
Genesee County should be vigilant and err on the side of collecting respiratory specimens before initiating therapy in cases of presumed Legionellosis.
U.S. Environmental Protection Agency (EPA) Oversight and the Lead and Copper Rule
Defined Role
EPA has responsibility under the Safe Drinking Water Act to set and enforce health-based drinking water quality standards. EPA establishes National Primary Drinking Water Regulations that set enforceable maximum contaminant levels in drinking water and prescribe treatment
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requirements. Each standard also includes requirements for water systems to test for contaminants in the water to make sure standards are achieved.
EPA regulates public water systems through its Public Water System Supervision (PWSS) program. From the description of that program:
EPA's and states' primary means ofmonitoring public water system compliance with the SDWA and its implementing regulations is the review and evaluation ofanalytical results of water samples collected by public water systems. These reports provide the water systems and regulators with the data they need to ensure that drinking water monitoring is ongoing and that the drinking water standards are being met. When results indicate that a contaminant is present at a level that exceeds standards, states and EPA work with public water systems to take steps to prevent or remove the contaminants, and notify consumers so that they can make informed choices.63
EPA is required to oversee the regulatory actions of state and local agencies and ensure that local public water suppliers adhere to the standards set under the SDWA.64 The SDWA authorizes the EPA to delegate primary enforcement responsibilities to the states. Forty-nine states, including Michigan, have this delegated authority.
While the states are delegated regulatory primacy, there are two sections of the SDWA that give EPA authorization to act:
a. Sec. 1414 of the Act says that when the agency finds a public water system out of compliance, the EPA must notify the state and public water system of the violation. If after 30 days the state has not commenced enforcement action, then the EPA must issue an order to comply. In the case of Flint, EPA did not use this authority as required by the SDWA.
b. Sec. 1431 of the Act grants emergency powers to the EPA when the Administrator is aware of a contaminant or threat "which may present an imminent and substantial endangerment to the health of persons, and that appropriate state and local authorities have not acted to protect the health of such persons, the EPA Administrator may take such actions as he or she may deem necessary in order to protect the health of such persons." The EPA used this authority when it issued its emergency order on January 21, 2016.
Lead and Copper Rule:
The Lead and Copper Rule (LCR) is intended to protect public health by reducing lead and copper in drinking water at customers' taps. For the rule to be effective, and for lead and copper contamination to be detected, water sampling practices must be rigorous. Ample industry guidance65 emphasizes the requirements for this rigor, which include selecting residences at high
63 www.epa.gov/compllance/safe-drinking-water-act-sdwa-compliance-monitoring 64 Before the federal EPA was established, states regulated drinking water. The SDWA kept that regulatory structure in place and assigned EPA oversight responsibility for state regulatory activities. 65 See, for example, "A Field Comparison of Sampling Protocols for Measuring lead in Drinking Water:'' Porter, A., M. Del Toral, and M. Schock. In Proceedings, Water Quality Technology Conference, long Beach, CA, November 3-7, 2013, American Water Works Association, Denver, CO {2013).
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risk for lead exposure, prohibiting pre-flushing and aerator removal, and observing minimum stagnation times. More fundamentally, public water systems must identify the LSLs in their service areas, advise customers of their presence and potential implications, and facilitate full service line replacements in the event of action level exceedances. The LCR also requires public water systems to minimize lead and copper levels in drinking water by controlling corrosion in the distribution system, which is achieved by implementing corrosion control treatment (CCf).

Unfortunately, despite the clarity of its intent, the LCR's language has been subject to various interpretations from one state, and one water system, to another. Though MDEQ's misinterpretatio11s may be among the most egregious examples of lax and myopic compliance practices, there are pronounced concerns that the effectiveness of the rule has been compromised.66 EPA is in the process of reviewing and revising the LCR through its established rulemaking procedures.

While the states are delegated regulatory primacy, 40 CFR 141.82(i) gives the EPA Regional Administrator authority to review treatment decisions made by a state and issue federal treatment determinations consistent with the LCR.

Discussion

Prior to Flint's water supply conversion, EPA's delegation of primacy for enforcement of the

SDWA in Michigan had been challenged by a series of disagreements and concerns over compliance requirements and sampling practices.67 These were heightened with the series of

events that precipitated the water crisis. EPA Region V was first notified of a potential problem in

Flint by resident leeAnne Walters, who called to inform them of the high lead level (104 ppb)

found in her drinking water. In early 2015, EPA1s Miguel Del Toral worked with Walters to

diagnose water quality problems at her residence. During this time, EPA inquired (repeatedly)

ccr, about CCT at the Flint WTP1 advised MOEQ that the LCR unambiguously requires

and were

told incorrectly that Flint had an optimized corrosion control program.

In this timeframe, EPA was trying to determine whether the high lead levels at leeAnne Walters's
house represented an isolated or system-wide problem. Ultimately/ it required LeeAnne
Walters's inquiry of Flint Utiliites Department personnel for EPA to learn that Flint did not have
ccr in place. It took 2 months from EPA's first inquiry for MDEQ to acknowledge that Flint was
not implementing CCT.

Given this information, EPA tried to convince MOEQ by persuasion and forthright referencing to the LCR that Flint needed to add CCT (as DWSD had been doing for decades) However, MDEQ was entrenched in its (Incorrect) position that two 6-month monitoring periods are allowed before a decision on CCf is required. MDEQ forestalled imposing the requirement for CCf pending issuance of a legal opinion.

66 See, for example. Dr. Vanna L.ambrinidou's disse~ting opinion on long-term revisions for the LCR. submitted to the EPA National Drinking Water Advisory Council in October 2015 ("EPA NDWAC LCR WG, Dissenting Opinion, Oct. 2015"), www.epa.gov/sltes/production/files/2015-11/documents/ndwaclcrstatementofdlssent.pdf; and the Northeast-Midwest Institute's Elln Betanzo's article, •clarifications Needed to Strengthen the lead and Copper Rule Working Group's Recommendations for Long Term Revisions to the Federal lead and Copper Rule," November 17, 2015, www.nemw.org/wp-content/uploads/2015/11/NEMWI-LCR-recommendatlons.pdf. 67 FWATF interviews with Miguel Del Toral. Also see April27, 2015, e-mail exchanges among MDEQ's Cook, Busch and Prysby regarding Del Toral's question on corrosion control treatment.
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EPA was similarly hampered by poor information derived from Flinrs flawed water quality sampling for LCR compliance. Not only did MDEQ persist in prescribing sampling methods that limited opportunities for detection of lead contamination, it did not ensure that a proper sample pool was obtained from the Flint system. The first 6-month monitoring period results showed the 90th percentile lead level results to be 6 ppb, and the second 6-month monitoring period results showed the 90th percentile to be 11 ppb. Both of these outcomes·fell beneath the lead action level of 15 ppb. Unfortunately, because of the flawed sampling pool and sampling techniques, the extent of the lead problem was under-reported. It came to light in September 2015 with the results of Dr. Marc Edwards's lead sampling program. After testing 252 water samples taken in Flint, the goth percentile68 of Dr. Edward's samples was found to be 25 ppb, and more than 100 samples had lead over 5 ppb.
Even given the City's flawed sampling program, EPA staff did become aware of the potential risks in April 2015 when MDEQ's failure to require CCT was revealed, and EPA leadership was advised of acute concerns in an interim report by Miguel del Toral in June 2015:
"In effect, the City of Flint stopped providing treatment used to mitigate lead and copper levels in the water. In accordance with the Lead and Copper Rule (LCR), all large systems (serving greater than 50,000 persons} are required to Install and maintain corrosion control treatment for lead and copper. In the absence ofany corrosion control treatment, lead levels in drinking water can be expected to increase. The lack ofmitigating treatment is especially concerning as the high lead levels will likely not be reflected in the City ofFlint's compliance samples due to the sampling procedures used by the Qty ofFlint for collecting compliance samples.'169 However, with the exception of the strident e-mails and interim report by Del Toral,70 EPA
refrained from elevating concerns or taking action. EPA did not insist on implementation of CCT between the end of April 2015, when it learned CCT was not in place, and July 21, 2015, when the second round of LCR monitoring results ended MDEQ's misinformed interpretaton of the LCR. Only after broad public revelation of the magnitude of the crisis and of MDEQ's multiple failures-and, not coincidentally, the opportunity to garner positive recognition-did EPA exercise its authority under the SDWA and issue its Emergency Order on January 21,2016.
EPA did not cause the problem in Flint, and it was EPA employees (in particular Del Toral) who asserted the need for Flint to have CCT in place. Unfortunately, EPA was not insistent or forceful enough to prompt MDEQ to require Flint to add CCT for almost 3 months after EPA was aware of its absence. This needlessly extended the time during which Flint residents were exposed to corrosive drinking water with potentially high levels of lead.
Finally, EPA entertained and acquiesced to MDEQ's request for a legal opinion regarding the longstanding and well-understood requirement for corrosion control, ultimately issuing a clarification memo on lCR compliance requirements that suggested ambiguities.
68 For a discussion of the arithmetic related to calculation of the 90th percentile, see the YouTube video: "How to calculate Flint's 90th percentile lead level with EMU math professor Chris Gardiner,, www.youtube.com/watch?v=9pgl00zr700&feature=em-share video user. 69 11lnterim Report: High Lead Levels In Flint, Michigan," by Miguel del Toral, transmitted to Thomas Poy, Chief, Ground Water and Drinking Water Branch, on June 24, 2015; p. 2. 70 See, for example, Miguel Del Toral's e-mail to Jennifer Crooks MDEQ dated Aprll25, 2015.
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Findings
F-32. EPA failed to properly exercise its authority prior to January 2016. The agency's conduct casts doubt on its willingness to aggressively pursue enforcement (in the absence of widespread public outrage). EPA could have exercised its powers under Section 1414 and Section 1431 of the SDWA or under the LCR, 40 CFR 141.82(i).
F-33. Despite the clear intent of the LCR, EPA has accepted differing compliance strategies that have served to mute its effectiveness in detection and mitigation of lead contamination risks. These strategies have been adopted at water systems and primacy agencies across
the country. Though there may be some ambiguity in LCR rule, none of it relates to what
MDEQ should have done in Flint. There was and remains no justification for MDEQ not requiring corrosion control treatment for the switch of water source to the Flint River.
F-34. EPA was hesitant and slow to insist on proper corrosion control measures in Flint. MDEQ misinformation notwithstanding, EPA's deference to MDEQ, the state primacy agency,
delayed appropriate Intervention and remedial measures.
F-35. EPA tolerated MDEQ's intransigence and issued, on November 3, 2015, a clarification
memo on the LCR when no such clarification was needed.
Recommendations
R-29. Exercise more vigor, and act more promptly, in addressing compliance violations that endanger public health.
R-30. In collaboration with the NDWAC and other interested partners, clarify and strengthen the LCR through increased specificity and constraints, particularly requirements related to LCR sampling pools, sample draw protocols, and LSL replacements-and, more generally, strengthen enforcement protocols with agencies delegated primacy.71
The LCR should be modified to address a host of issues that have been the subject of ongoing debate and were tragically exemplified by the Flint water crisis. In particular, the LCR should be revised to:
o Unambiguously require optimized corrosion control treatment as a default practice for
all large public works systems, and consider extending this requirement to small and medium-sized public water systems.72 EPA should remove any loopholes or flexible provisions that could be misinterpreted as allowing utilities to defer or avoid corrosion
control, as was done in Flint. Optimized corrosion control will continue to be important in the long term, even after LSLs are replaced, due to other sources of lead
in the distribution system such as lead solder and brass fixtures.
71 For a further discussion of opportunities to strengthen the LCR, see Or. Vanna lambrinidou's dissenting opinion on long-term revisions for the LCR, submitted to the EPA National Drinking Water Advisory council in October 2015 {HEPA NDWAC LCR WG, Dissenting Opinion, Oct. 2015u), www.epa.gov/sites/productlon/flles/201511/documents/ndwaclcrstatementofdissent.pdf. 72 The current LCR language requires corrosion control for small and medium-sized systems only if water testing indicates action level exceedances, and it allows cessation of treatment if subsequent testing is below action levels. EPA should define procedures for small and medium-sized systems to safeguard public health and water quality through evaluation of corrosion control treatment requirements.
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o Reiterate (and clarify) lead-in-water tap monitoring and sampling protocols to ensure
that lead sampling will capture the worst-case lead levels in the highest risk homes, as the LCR intends. o Clarify requirements for fulflSL replacement, avoiding or eliminating language that allows utilities to count a LSL as "replaced" if water from a service line tests under the lead action limit in a one-time sample. o Ban partial LSL replacements, which have been found by the CDC to increase risks of elevated blood lead levels.
In addition, the 15 ppb lead action level in the LCR should be revisited given that It is widely acknowledged that no lead is safe, and that the CDC recently lowered its 10 micrograms/deciliter ~load lead level of concern" to a 5 micrograms/deciliter "reference level."
Also, the LCR should call for frequent and accessible public outreach and education on lead-in-water risks, including instructions on steps consumers can take to protect themselves. The LCR should require utilities to provide customers with explicit and urgent public notification of lead risks associated with activities that may cause physical disturbance of LSLs; inform customers when a LSL is present at their home; and provide customers clear information on how to request testing of lead-in-water levels in their homes.
Perhaps most fundamentally, the LCR should mandate proactive, full replacement of LSI.s73 in a manner that appropriately balances risks and financial impacts. The LCR should require LSL replacements to be explicitly incorporated into water utilities' renewal and replacement programs with required (and monitored) timelines that preclude undue (multi-decade) delays in replacements.
R-31. Engage Michigan representatives in ongoing LCR revisions and development of enforcement protocols at EPA and MDEQ. EPA is conducting a process to define revisions to the LCR, which provides an opportunity to clarify ambiguities in requirements and to strengthen measures to protect public: health and safety. State and local representatives, chastened by Flint's experience, should participate in this revision process and ensure lessons learned are clearly and effectively communicated to decision-makers, including the National Drinking Water Advisory Council and EPA.
Issues Presented by the Flint Water Crisis
While our review has enabled us to draw a number of findings and conclusions about respective roles, it also occasions us to speak to issues and consequences that transcend the accountabilities assigned to individual agencies or entities. These issues convey many of the lessons learned from
73 This recommendation is consistent with recommendations of the Lead and Copper Rule Working Group: Report of the Lead and Copper Rule Working Group To the National Drinking Water Advisory Council, August 24, 2015. https://www.epa.gov/sites/production/files/2016-01/documents/ndwaclcrwgflnalreportaug201S.pdf
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the Flint water crisis, evoke collective empathy for the Flint community, and speak to the opportunties for the crisis to improve the conduct and performance of government.
The Reality of Environmental Injustice
Discussion
Environmental justice embraces two fundamental principles: (1} the fair, non-discriminatory treatment of all people; and (2) the provision for meaningful public involvement of all peopleregardless of race, color, national origin or income-in government decision-making regarding environmental laws, regulations and polices.14 Environmental justice or injustice, therefore, is not about intent. Rather, it is about process and results-fair treatment, equal protection, and meaningful participation in neutral forums that honor human dignity.
Environmental injustice is not about malevolent intent or deliberate attacks on specific populations, nor does it come in measures that overtly violate civil rights. Environmental injustices as often occur when parties charged with the responsibility to protect public health fail to do so in the context of environmental considerations.
The facts of the Flint water crisis lead us to the inescapable conclusion that this is a case of environmental injustice. Flint residents, who are majority Black or African American and among the most impoverished of any metropolitan area in the United States, did not enjoy the same degree of protection from environmental and health hazards as that provided to other communities. Moreover, by virtue of their· being subject to emergency management, Flint residents were not provided equal access to, and meaningful involvement in, the government decision-making process.
The occurrence of environmental injustice in the Flint water crisis does not indict or diminish other public and private efforts to address Flint's many challenging circumstances. However, irrespective of the intent of the parties involved, the simple reality is that the Flint water crisis is a case of environmental injustice.75
74 From the Environmental Justice Plan for the State of Michigan and Department of Natural Resources and Environment, December 17, 2010:
"The term nenvironmental justicen is defined In Executive Directive No. 2007-23 as follows: Environmentaljustice means the fair, non-discriminatory treatment and meaningful involvement of Michigan residents regarding the development, implementation, and enforcement ofenvironmental laws, regulations, and policies by this state. The two "pillars" ofenvironmentaljustice, thus, are the fair treatment ofall people and providing for meaningful public Involvement in government decisionmaking." From the U.S. EPA (www3.epa.qov/environmental/ustlce): "Environmental Justice is the fair treatment and meaningful involvement ofall people regardless of race, color, notional origin, or income with respect to the development, implementation, and enforcement ofenvironmental laws, regulations, and polides. EPA has this goo/ for all communities and persons across this Nation. It will be achieved when everyone enjoys the same degree of protection from environmental and health hazards and equal access to the decision-making process to have a healthy environment in which to Hve, learn, and work."
75 There is ample evidence that the lead poisoning crisis Is one in a series environmental Injustices visited on the citizens of Flint. See, for example, "The Racist Roots of Flint's Water Crisis;" by Julia Craven and Tyler Tynes,
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Findings
F-36. The Flint water crisis Is a clear case of environmental injustice.
Recommendations
R-32.1ssue an Executive Order mandating guidance and training on Environmental Justice across all state agencies in Michigan, highlighting the Flint water crisis as an example of environmental injustice. The state should reinvigorate and update implementation of an Environmental Justice Plan for the State of Michigan.
Perspectives from Flint
The FWATF believes that by characterizing some of the prevailing perspectives of FJint residents, its members can provide valuable context for effectively implementing the recommendations herein. From the viewpoint of medical services providers charged with responsibility to mitigate heath consequences, there is both depression and anxiety associated with understanding what is occurring in Flint. The Flint water crisis is a chronic toxic exposure of an entire population in a sharply demarcated geographic area. Several key aspects point to the long-term health and social consequences:
a. The manifestations of this toxic exposure depend on where along the life course a person may be. At different ages, critical structures and functions are injured or altered to different degrees. These changes may not manifest in functional derangements for months or years after exposure. The science of epigenetics addresses the interaction between genes and the environment, suggesting that some of these changes can be passed on from one generation to the next.
b. Blood lead levels do not indicate peak lead exposures beyond a 30- to 35-day window. The damage from lead toxicity may be done months before the first bl.ood lead level is taken or after the last is drawn, especially for newborns and children younger than 6 years of age. This suggests that the findings related to elevated lead levels measured in Flint children are merely the tip of the iceberg of actual exposure across children living in Flint.
c. Documented risks of learning, behavioral, and cognitive problems are present for all potentially exposed children in Flint. Aggressive and impulsive behaviors that can emerge in adolescence related to lead exposure put children in the crosshairs of the criminal justice system, unemployment and underachievement.
d. The risk of kidney problems, hypertension, gout and stillbirths may affect exposed adults in Flint over the coming years and decades.
For those serving in Flint's already distressed schools and mental health agencies, new and unprecedented challenges derive from balancing the need to track children and adults in a toxic exposure registry for preventative and supportive services, while being mindful of the stigma of low expectations for those listed in the registry.
Huffington Post, February 3, 2016, www.huffingtonpost.com/entry/raclst-roots-of-fllnts-watercrlsls us 56b12953e4b04f9b57d7b118.
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For well-intentioned parents, there is a need for significant sensitivity and expertise as they struggle to address and understand the guilt and depression that derive from unknowingly exposing their children, based on the hollow reassurances of those appointed and elected at city and state levels that the water was safe.
For non-English-speaking Flint residents, equally subject to the toxic effects of lead and related psychological trauma, communications and instructions regarding water use were not available, especially for those not literate in their native language. The sight of uniformed state troopers and National Guardsmen entering neighborhoods .in convoys with flashing lights frightened many who did not open their doors to accept filter or water distributions. Initial requirements for identification scared many families away from distribution sites. There has been no provision for necessary medical and behavioral services for undocumented residents, regardless of age. There is fear that those presenting for extensive medical services will be deported, potentially dividing families. While there are several organizations that provide services regardless of status, it is essential that trusted members of the community can vouch for those organizations and help with appropriate documents which are unfamiliar to local service providers.
Among African American seniors, the protracted Flint water crisis echoes the tragic Tuskegee syphilis study and the decision not to treat smallpox among freedmen in the aftermath of the American Civil War. From this perspective, it is noted that measuring blood lead levels without removing the sources of lead from the environment-in this case, lead-tainted water-appears the equivalent of using Flint's children (and adults) as human bioassays.
From the perspective of Flint community leaders., these consequences are traumatic and contribute to a dynamic that requires care and interventions as for any survivors of a traumatic event. These interventions must occur for individuals, neighborhoods and the community. Leaders must work to counter the doubtful views of many residents that public health and political systems do not have the will to sustain primary prevention but, rather, are willing to consign some people by virtue of their home address to the long-lasting neurodevelopmental and
health impacts of lead exposure. Flint will have to engage in self-care and healing as it dissects
the implications of what has occurred and is reminded of how much further we must go to become a just society.
Flint Recovery I Remediation
In light of the damage done, and the long-term health, economic, and social consequences for the Flint population, the Flint Water Advisory Task Force endorses the visions of responsive model public health and infrastructure renewal programs outlined by Dr. Mona Hanna-Attisha, Professor Marc Edwards and Miguel Del Toral. Flint's population, exposed to toxic levels of lead, must be provided mitigating health services, public health infrastructure and skilled personnel. Flint's water system, damaged by corrosive water, must be renewed and rehabilitated with highrisk LSL replacements prioritized. The State of Michigan must bear the primary responsibility for funding and securing federal funding for mitigation efforts in light of the responsibilities of state
agencies, as well as the fact that state-appointed emergency managers governed Flint as key
decisions were made that led to the water crisis.
As our initial letter to Governor Snyder called for a coordinated response to the Flint water crisis,
we are gratified to see the efforts, now coordinated through emergency management personnel,
to the immediate problems imposed by uncertainty regarding the safety of Flint's tap water.
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Recommendations
Our final recommendations look beyond the most immediate challenges of the unsustainable and expensive bottled water and filter distribution program that was needed, but clearly must serve as an interim emergency response. We offer the following mid-term and long-term Flint-specific recommendations:
R-33. Sustainably fund the Flint Water Inter-Agency Coordinating Committee (FWICC) to provide adequate resources to engage supporting sub-committees for delivery of public health and water system services.
The FWICC has been charged with developing an incident action plan; reviewing our recommendations; establishing routine protocols for communications at the local, executive and legislative levels; making recommendations regarding the health impacts of the affected population; and assessing the status of infrastructure and determining feasible actions for upgrading Flint's water system.16 The FWICC also should ensure transparent, public reporting of the status of various Flint-related measures, including the sources and uses of local, state and federal funds. Charitable organizations should be asked to provide accounting of their Flint-related activities to facilitate comprehensive reporting and information dissemination on available services.
R~34. Clarify and effectively communicate the roles and work of the City of Flint, Flint Water Inter-Agency Coordinating Council and Mission Flint.
While many of the current efforts and investigations are critically important to safeguard Flint residents, address immediate challenges, and further establish accountability, the FWICC and Mission Flint are now in place to work with the City of Flint in coordinating sustained service delivery and remediation measures. These entities, and accompanying committees and work teams, have complementary roles and responsibilities that should be clearly delineated and communicated to all Flint residents. Communication must include efforts to reach Flint residents for whom English is not the primary language, and residents whose literacy in any language Is limited. The status of the projects and programs that these entities are shepherding should be clearly communicated and measured against aspirational goals and objectives.
R-35. Through collaboration among MDHHS, GCHD, local healthcare professionals, and health insurance plans, ensure 100 percent clinical and environmental follow-up with Flint families whose children have been found to have elevated blood lead levels since April 2014, and work together to ensure that such follow-up occurs in children's medical homes.
For the majority of >200 children residing in Flint and known to have elevated blood lead levels {~5 micrograms per deciliter) from April2014 to present, appropriate clinical and public health follow-up has not been timely. Such limitations in follow-up reflect a lack of coordination among state and county public health authorities, health insurance plans, local healthcare professionals, and parents. These children, and others who have elevated
76 Drawn from January 11, 2016 Press Release: "Gov. Rick Snyder: Fhnt Water Interagency Coordinating Committee will support long~term needs In Flint.»
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blood levels on testing after this report is issued, will need longwterm monitoring and
access to a support services that include focused public health, nutrition and educational services.
Rw36. Offer all children listed in the recommended Flint Toxic Exposure Registry timely access to age-appropriate screening and clinically indicated followwup for developmental and behavioral concerns by licensed healthcare professionals, as well as access to early childhood education and nutrition services.
Importantly, all children in the recommended Flint Toxic Exposure Registry are at risk for toxic lead exposure, even if they were not screened for blood lead levels during the time period of April 2014 to present. Therefore, all children listed should have access to the same screening and appropriate follow-up services as children who were found to have elevated blood lead levels.
R-37. Consider establishing a dedicated subsidiary fund in the Michigan Health Endowment Fund to facilitate funding of health-related services for Flint.
The Michigan Health Endowment Fund (MHEF) statute created eight areas of focus for the fund, including several that are pertinent to the Flint water crisis. The MHEF focuses on access to healthy food (known to offset children's absorption of environmental lead), wellness programs (such as those known to encourage primary and secondary prevention), access to mental health services (such as behavioral therapy for children adversely affected by lead exposure), and foodbome illness prevention (such as averting exposure to lead in food prepared with lead-contaminated drinking water). Given the substantial overlap between the focus areas of the fund and the areas of short- and longterm activity for the people of Flint, it is appropriate to establish a subsidiary fund that would be administered to facilitate funding of health-related services for children and adults in the Flint Toxic Exposure Registry. Because Michigan has been successful in securing federal funds to expand.Medicaid coverage for persons under age 21 years in Flint, the subsidiary MHEF Fund would be designed to focus on facilitating and supporting services not explicitly covered by Medicaid. The Fund should also provide funding to support timely and transparent evaluation of the health impact of these supplementary services for the people of Flint.
R-38. Establish a comprehensive Flint public health program, coordinated with county and
state-level public health initiatives, that can serve as a model for population health across the state. This program should provide assessment, interventions, and support not only regarding the health effects of water contamination but also more broadly regarding the health effects of chronic economic hardship and other social determinants of poor health.
State-Wide Initiatives
Beyond remediation of the impacts inflicted upon Flint, outstanding issues and lessons learned from the Flint water crisis provide an opportunity to improve public water supplies and coordination of institutions charged with safeguarding public health.
Recommendations
Our recommendations include:
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R-39. Conduct an investigative review of the development and approval of the Karegnondi Water Authority and of the Oty of Flinrs commitments to KWA water purchases.
The development of the KWA and the decision by the City of Flint to join it is complicated by an array of factors related to regional water system capacities, utility capital project contracting and financing, and local control over the implementation of facilities to promote economic development. As noted, issues related to state approval and permitting of the KWA are beyond the scope of our review.77 However, the specific attributes of the decisions related to KWA warrant investigative review. We note:
o State and local officials repeatedly characterized Genesee County and Flint leadership, including Flinrs emergency managers, as adamant in their promotion of KWA and desire for independence from DWSD.
o Several firms, each with ties to the respective and effectively competing parties, issued conflicting studies as to the merit of KWA.Independent review was requested of MOE(t an agency ill-equipped to render judgments regarding economic feasibility.
o Contracting related to Flint's water purchase commitments and to use of the Flint WTP on an interim basis were effected through action of Flint's emergency managers.
An entity with proper tools and resources, such as the Michigan Attorney General or the U.S. Attorney's office, should do a complete and thorough review of the development and approval of KWA and of the City of Flint's commitments to KWA water purchases. R-40.lnstitute a school and daycare water quality testing program (which could serve as a model for the U.S.), administered collaboratively by MDEQ and MOHHS, that includes appropriate sampling and testing for lead contamination for all schools and childcare centers in the state and effective reporting of test results.
Drinking water and water available for food preparation in schools and may be sources of lead and other hazards for school children. Currently, federal and state regulations do not require city, county or state authorities to routinely test w~ter in school buildings. Furthermore, there is no state law, guidance or regulation regarding testing of drinking water in various childcare and pre-school settings (children below kindergarten-age). Michigan should institute a school and day care water quality testing program, administered collaboratively by MDEQ and MDHHS, that includes appropriate sampling and testing for lead contamination in all schools and childcare centers in the state. Findings from such testing should be made available to all parents of children enrolled in the facilities where testing is performed. If lead is discovered through this testing, immediate remediation of the situation (for example, replacement of LSLs and leadcontaining fixtures) must be required.
School testing requirements also should be applied to licensed day care settings across the state, given that young children are at the highest risk of profound health effects from lead exposure.
n These Issues may (and perhaps should) prompt general inquiry Into how utility regulation may better promote regional optimization of Infrastructure investments.
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A "Safe Water in Schools for Health (SWISH) program"78 would include regular testing (and re-testing) of tap water at school and licensed day-care facility faucets and water fountains for regulated contaminants and for bacteria growth (like Legione/la) known to be contained in plumbing systems. For schools found to have unsafe water, the program would provide funding and implementation support for either lead pipe replacements or installation of filters capable of treating the water to federal standards. The program could establish goals to install high-quality water fountains that facilitate effective water quality monitoring (as well as student use with refillable bottles). For some schools, this program could indude the participation of science programs and students, working with independent testing laboratories. In any event, all water quality testing results should be posted both at the facilities and online, and communicated to parents.
R-41. Develop a model LSL replacement program and funding mechanisms for financing work on private property.
Notwithstanding the water industry's historical reluctance to advocate for full LSL replacements, the state should develop a funding mechanism and program to evaluate and replace LSLs statewide, recognizing that some communities already have replaced their LSLs.79 The state should develop a model statewide LSL replacement program that could serve as a national model, in collaboration with EPA, with the following attributes:
• Requirement for developing censuses of ISLs in utility service areas that are accessible on utility systems' computerized Geographical Information Systems (GIS) and asset management systems. Censuses should be comprehensive, covering full lengths of service lines and ownership status, and be made publicly available to facilitate satisfaction of customer queries.
• Evaluation of lead line conditions and associated risks (placing high priority on replacements of lines to high-risk properties (for example, schools, childcare centers, hospitals, older neighborhoods and residences of vulnerable populations).
• Programming of full LSL replacements in federal- and state-sponsored public housing. • Provision of health risk information to customers with LSls when homeowners are
presented with the option to pay for the private part of their LSL replacement. • Explicit incorporation of LSL risk considerations in utility renewal and replacement
programs to enable orderly, yet expeditious, full LSL replacement (including replacement of LSLs on private property). . • Establishment or enhancement of funding mechanisms to facilitate full LSL replacements by: o Reviewing strategies used by other communities and approaches to addressing
funding of improvements on private property;
78 These recommendations are drawn from (and reflect our substantive concurrence with) recommendations offered by Peter Glelck, president ofthe Pacific Institute, and Professor Marc Edwards, VIrginia Tech. See "One step to help restore trust in Flint," Detroit Free Press, March 6, 2016. 79 1nformation on industry experience and perspectives Is provided in "Strategies to Obtain Customer Acceptance of Complete Lead Service Une Replacement," American Water Works Association, 2005.
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o Facilitating public water systems' access to LSL replacement funding, including through provisions in drinking water state revolving loan fund program administration;
o Facilitation of public water system customer funding for replacement of LSls and
lead-containing fixtures on private property;
o Review of LCR-established authority to require full service line replacements; and o Mitigation of low-income water affordability challenges through financial
assistance and innovative financing mechanisms.
The program should provide for MDEQ to require annual reporting and tracking of the census of LSLs as part of regular reporting requirements. MDEQ should compile, analyze and publicly report on the submitted data, enabling state legislature and the general public to readily access information on progress of LSL replacements throughout the state while protecting personal information.
R-42. Revise and enhance information distributed by public water systems on the implications of widespread use of lead in public and private plumbing.
Independently, or in conjunction with the model LSL replacement program recommended
above, the state should improve dissemination of accurate information on the dangers presented by lead in water systems and plumbing. Readily accessible information should be broadly provided about potential sources of high levels of lead in water, including, for example, the potential for the release of lead particulates from piping disturbed by construction activities, as well as lead solder, galvanized plumbing, and brass fiXtures. Consider and model successful public engagement (and, m.ore generally, LSL replacement) programs used in countries such as the Netherlands that have more successfully managed lead risks.80
R-43. Use the occasion of the Flint water crisis to prompt local and state re-investment in critical water infrastructure, while providing mechanisms to advance affordability and universal access to water services.
Nationally, water system infrastructure renewal and rehabilitation requirements are expected to exceed $1 trillion over the next generation.81 Michigan is no exception in facing a significant infrastructure funding gap, even without prospective funding of full LSL replacements. State and local decision-makers, water utility representatives, and community groups should partner to garner support for water system re-investment (through local service rates and state funding mechanisms), while balancing potential
80 Refer to "Water production and distribution In the Netherlands," Andr. Struker, Waternet, Jan Vreeburg, KWR, Jan Peter van der Hoek, Delft University, Waternet, February 2016- presentation to Flint Water Inter-Agency Coordinating Committee. 81 See, for example:
"Report Card for America's Infrastructure," American Society of Civil Engineers (ASCE), 2013, www.infrastructurereportcard.org/a/#p/grade-sheet/americas-lnfrastructure-investment-needs • Burled No Longer: Confronting America's Water Infrastructure Challenge, AWWA, 2012, w·ww.awwa.org/Portals/0/files/legreg/documents/BuriedNolonger.pdf • Drinking Water Infrastructure Needs Survey and Assessment, Fifth Report to Congress, U.S. EPA, 2011, www.epa.gov/sites/productlon/files/2015-07/documents/epa816r130D6.pdf
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impacts on low-income populations. Stakeholders should work to define new and innovative water service pricing and funding approaches82 to advance water affordability and universal access to service.
R--44. Prioritize health matters across all state agencies with establishment of a new Cabinetlevel post focused on public health.
The Flint water crisis illustrates that MDEQ and MDHHS failed to coordinate and collaborate in responding to multiple health-related concerns raised by members of the
Flint community and by public health partners such as GCHD. Governor Snyder indicated
that there is no liaison function at the Cabinet level in Michigan state government to connect inter-agency actions regarding health matters. Although the FWICC is designed to function in an inter-agency manner, its purpose is Flint-centric. There is a strong argument that such inter-agency functionality for health should be instituted at the state level, to help safeguard the health of all Michigan residents.
The sheer size of the current MDHHS potentially dilutes the role of the state in important public health matters. The Task Force recommends that a physician or nurse with public health and/or health policy credefltials serve on the Governor's Cabinet, and be supported by a staff and budget appropriate for the activities of this role. This person would serve an overall supervisory and inter-agency liaison role for all activities that have a bearing on health for Michiganders. Given the suboptimal health status of the Michigan public on a wide array of matters (for example, infant mortality, obesity, life expectancy, smoking), not to mention the health concerns that are now paramount in Flint, this person would have a broad mandate.
Conclusions
The conclusion we made in December 2015 that primary responsibility for causing the Flint water crisis rests with the MDEQ has only been substantiated by our subsequent interviews and research. This final report, however, documents the failings, shortcomings and problems in other agencies and entities as well, such as MDHHS, GCHD, the local water treatment plant, the EM structure, the Governor's office, and the U.S. EPA. These failures reflect the discounting of profound public health concerns and indifference to Flint residents' plight. The value in documenting what went wrong is not to ascribe blame for blame's sake, but to establish the foundation for moving forward, both in Flint and throughout the state. The state clearly must respond with dedicated and systematic attention to health concerns for people of Flint. But it also has the opportunity to demonstrate that lessons have been learned from the Flint experience-as traumatic as it has been and will continue to be-and develop model infrastructure renewal and public health programs that. will serve all Michigan residents for generations to come. Flint residents and their fellow Michigan citizens deserve no less.
82 See, for example, "Blue Ribbon Panel on Affordabillty Final Report," City of Detroit, 2016, www.detroitmi.gov/brpa.
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APPENDIX 1: Flint Water Advisory Task Force (FWATF)

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Flint Water Advisory Task Force (FWATF}
Matthew Davis, MD, MAPP, is professor of pediatrics and internal medicine at the University of Michigan Health System and professor of public policy at the Gerald R. Ford School at the University of Michigan, having joined the faculty in 2000. Davis also is a professor of health management and policy at the School of Public Health. He previously served as the chief medical executive of the Michigan Department of Community Health/Department of Health and Human Services.
Chris Kolb (Co-Chair) is president of the Michigan Environmental Council, a statewide coalition of 70 environmental, public health and faith-based nonprofit groups. Before joining the MEC, Kolb represented Ann Arbor in the state House for six years and served six years on the Ann Arbor City Council. He has been president of the MEC for seven years and has more than 12 years of experience in the environmental management field.
Lawrence Reynolds, MD, is a pediatrician in Flint who serves as president of the Mott Children's Health Center. He received his medical degree from Howard University College of Medicine and has been in practice for 36 years. He has served as president of the Genesee County Medical Society and the Michigan Chapter of the American Academy of Pediatrics. He has been honored for his humanitarian and advocacy efforts on behalf of children from the Community Foundation of Greater Flint.
Eric Rothstein is a national water issues consultant and principal at the Galardi Rothstein Group. He served as an independent advisor on the creation of the Great Lakes Water Authority. Rothstein also has served as Jefferson County, Alabama's rate consultant and municipal adviser for litigation related to the county's bankruptcy and issuance of $1.7 billion in sewer warrants and led strategic financial planning for the City of Atlanta's Department of Watershed Management. He has more than 30 years of experience in water, wastewater and stormwater utility finance and rate-making assessments.
Ken Sikkema (Co-Chair) is a senior policy fellow at Public Sector Consultants, where he specializes in public finance, environment, and energy policy. Prior to joining the firm, Sikkema served in both the Michigan House and Senate, culminating with four years as Senate majority leader. He has also served as both an adjunct and visiting professor at Grand Valley State University.

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APPENDIX II: FWATF letters

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December 7, 2015
Dear Governor Snyder:
On Wednesday, November 18, 2015, the Flint Water Advisory Task Force met with representatives of the Michigan Department of Environmental Quality (MDEQ) and the Michigan Department of Health and Human Services (MDHHS) to discuss elements of the 10-point Action Plan designed to address various issues related to the ongoing public health protection challenges precipitated by lead in the Flint water supply. These discussions were held at our request as part of our task to make recommendations to prevent a similar occurrence in Flint or elsewhere, and also to monitor ongoing mitigation efforts.
Subsequent to those meetings, on Tuesday, November 24, 2015, members of the Task Force participated In a conference call with yourself, members of the Administration, and representatives of these agencies to discuss the progress to date on the 10-point Action Plan, as well as several other related issues.
We want to acknowledge the steps that have already been taken to implement the action plan, specifically In the areas of outreach efforts to facilitate blood lead testing for children, communication with health care providers in the Flint community about the importance of testing children for lead, and the training of additional public health nurses in the Genesee County Health Department. We do believe, however, that additional steps need to be taken to reach additional children for blood lead testing, assure proper follow-up with children found to have elevated blood lead levels, and to continue water testing. We will continue to assess state and local efforts and make recommendations regarding specific steps that we believe are warranted.
One primary concern we have at this point is that the current efforts appear to be taking place in the absence of a larger project coordination framework that measures results and clearly delineates responsibilities for contlnuing actions to protect public health. We believe the state is best positioned to facilitate this larger framework, which should address the following:
1. The need for MDHHS and MDEQ-and, possibly, other state agencies-to set goals for actions in collaboration with local and federal agencies and organizations.
2. The need for a set of corresponding timellnes for the goals. ~. The need to establish responsibility for meeting the goals in a timely fashion and for
contingency plans for the state if the goals are not being met. 4. The need for clear, regular communication with the Flint community and stakeholder groups
regarding action steps and updates.
We also believe it important that a single person or entity-potentially independent of any one particular state agency and m.utually agreeable to this Task Force and you, Governor-be established to provide effective coordination of ongoing activities and reporting on the status of mitigation measures. For this, we also believe a readily understood "dashboard" should be developed that reports on the goals, timelines and assignments. This will enable members of the Flint community, public health providers, and state agencies to know about the status of the Flint water crisis mitigation program, as

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well as promote coordination and accountability. The Task Force is prepared to assist in the development of that dashboard. We believe It is vitally important that trusted members of the Flint community be engaged in communication on this Issue, as well as the distribution of information conveyed by our suggested dashboard reporting. Accordingly, in advance of our final report, we would like to ensure the independent coordinator suggested above engage trusted community groups to begin rebuilding community trust in state actions. We appreciate your personal interest in this issue, commitment to assisting the Task Force In our review, and-most importantly-commitment to ensuring that the full measure of state resources are brought forward to protect the public health In Flint and throughout the state. Respectfully yours,
Flint Water Advisory Task Force: Dr. Matt Davis Chris Kolb Dr. larry Reynolds Eric Rothstein Ken Sikkema

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.185 Page 185 of 229
December 29, 2015
Dear Governor Snyder.
The Flint Water Advisory Task Force, which you appointed on October 21, 2015, has devoted considerable effort and countless hours to our review of the contamination of the Flint water supply: what happened, why it occurred, and what is needed to prevent a recurrence in Flint or elsewhere in the state. We have also been assessing ongoing mitigation efforts to help assure that short- and longterm public health Issues and water management concerns will be properly addressed to safeguard the health and well being of the Flint community.
Shortly after we began our work, we recognized the Immediate need for better coordination of the state's response to the ongoing public health Issues in Flint, and for assignment of a single person to provide this coordination. We addressed these concerns in a Jetter to you on December 7, 2015, and you responded with immediate adoption of these recommendations. We thank you for the commitment your response demonstrates.
In our continuing efforts, we have now interviewed numerous individuals at state and local levels; reviewed many documents, articles, and emails; and deliberated repeatedly as a group. Both individually and as a group, we have visited Flint several times during the past several weeks to meet with citizens, public health officials and healthcare providers, individuals who have water management responsibilities at the city and county levels, and other public officials.
It is clear to us, particularly as we listen to the people of Flint, that it Is both critical and urgent to establish responsibility for what happened In their community and to ensure accountability. This is a first step in a long process to re-establish the trust they no longer have in their government and the agencies whose responsibility it is to protect their health. It is urgent because this deep distrust of government continues to compromise the effective delivery of protective services designed to address ongoing public health issues. It is for these reasons that we are sending this letter at this time.
We believe the primary responsibility for what happened in Flint rests with the Michigan Department of Environmental Quality (MDEQ). Although many Individuals and entitles at state and local levels contributed to creating and prolonging the problem, MDEQ is the government agency that has responsibility to ensure safe drinking water In Michigan. It failed In that responsibility and must be held accountable for that failure.
The Safe Drinking Water Act (SDWA) places responsibility for compliance with its requirements on the public water system. In this instance, the City of Flint had the responsibility to operate its water system within SDWA requirements, under the jurisdiction of the MDEQ. The role of the MOEQ is to ensure compliance with the SDWA through its regulatory oversight as the primary agency having enforcement responsibility for the Flint water system.
The MDEQ failed in three fundamental ways.
Regulatory Failure
We believe that in the Office of Drinking Water and Municipal Assistance (ODWMA) at MDEQ, a culture exists in which 11technical compliance" is considered sufficient to ensure safe drinking water in Michigan.

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This minimalist approach to regulatory and oversight responsibility is unacceptable and simply insufficient to the task of public protection. It led to MDEQ's failure to recognize a number of indications that switching the water source in Flint would-and did-compromise both water safety and water quality. TheM DEQ made a number of decisions that were, and continue to be, justified on the basis that federal rules "allowed'' those decisions to be made. OOWMA must adopt a posture that is driven not by
this minimalist technical compliance approach, but rather by one that is founded on what needs to be done to assure drinking water safety.
A culture change must occur within ODWMA. It must be driven by a mission that is aspirational
regarding the role of the MDEQ in ensuring the safety and the quality of Michigan's drinking water. We believe, and have expressed to MDEQ Director Dan Wyant, that as a Great Lakes State, Michigan should aspire to have the safest drinking water in the nation, rather than merely aiming for technical compliance with regulatory requirements.
Failure in Substance and Tone of MDEQ Response to the Public
Throughout 2015, as the public raised concerns and as independent studies and testing were conducted and brought to the attention of MDEQ, the agency's response was often one of aggressive dismissal, belittlement, and attempts to discredit these efforts and the individuals involved. We find both the tone and substance of many MDEQ public statements to be completely unacceptable. In a real way, the MOEQ represents the public, including the very individuals It treated dismissively and disrespectfully in public statements. We recognize that the agency might disagree with the opinions of others on a variety of issues, Including testing protocol, interpretation of testing results, the requirements of federal law and rules, and other matters. What is disturbing about MDEQ's responses, however, is their persistent tone of scorn and derision. In fact, the MDEQ seems to have been more determined to discredi~ the work of others-who ultimately proved to be right-than to pursue its own oversight responsibility.
Failure in MDEO Interpretation of the Lead and Copper Rule
The federal lead and .Copper Rule (LCR) is central to what happened in Flint, because that rule, at least theoretically, is designed to prevent lead and copper contamination of drinking water. The federallCR calls for "optimized corrosion control treatment," which the MDEQ did not require in the switch to the Flint River. Prior to the switch, MDEQ staff instructed City of Flint water treatment staff that corrosion control treatment (Ccr) was not necessary until two six-month monitoring periods had been conducted. The need for CCT would be evaluated after the results from those two monitoring periods were reviewed. The decision not to require CCT, made at the direction of the MOEQ; led directly to the contamination of the Flint water system.
The MDEQ seems to have taken different positions on whether it faithfully followed the LCR in the Flint situation. It first maintained that It followed the LCR, then stated that it did not folio~ the rule properly, and most recently claimed that a federal memorandum issued by the US EPA in early November 2015 suggests that the original MDEQ interpretation was possibly correct.
We are not convinced. Even the MDEQ's latest interpretation of the US EPA's November memorandum is overly legalistic and misunderstands the intent of the LCR, which is to minimize risks of lead and copper exposure for human health.
We believe ODWMA's single-minded legalistic focus is the heart of the problem, and it is part of the "technical compliance"' culture described above. OOWMA should not be basing its actions solely on a
2

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.187 Page 187 of 229
~-
legally possible interpretation of the LCR. It should be ~ocusing on how to protect Michigan's citizens from lead in drinking water.
We met with MOEQ Director Wyant on December 16, 2015, to discuss these issues, as well as many others. We note his substantial agreement with many of our conclusions, particularly as it relates to the regulatory failure and the abysmal public response of his agency. It is our understanding that he has drawn similar conclusions in his own evaluation of the MDEQ's role in the Flint water crisis. At the same time, it was disappointing to hear his weak defense of the CCT decision based on the EPA's November 2015 memorandum. We are not finished with our work. Other individuals and entities made poor dedsions, contributing to and prolonging the contamination of the drinking water supply in Flint. As an example, we are particularly concerned by recent revelations of MDHHS's apparent early knowledge of, yet silence about, elevated blood lead levels detected among Flint's children. We also feel it important to further review local government decision processes under emergency management. Our final report will highlight and discuss those concerns, among many others, to provide some context to a comprehensive series of recommendations. As stated earlier In this letter, however, we believe that establishing responsibility is a critical and urgent need, and one that should not wait for our final report in 2016. Individuals and agencies responsible must be held accountable in a timely fashion.
It is our hope that the heightened awareness of the dangers of lead poisoning can be an opportunity to make Michigan safer, particularly for its children. Drinking water must be recognized as a potential source of health risk exposure when water lines and fixtures containing lead are disturbed or compromised. Proper testing, not only In high-risk areas but also in facilities serving children (e.g., schools), must be considered. Facilitating long-term financing of a model public health program, and also replacement of lead-containing water service lines and fixtures, would enable Michigan to realize a positive lasting legacy from the tragedy of the Flint water crisis. Our final report will address some of these issues.
The City of Flint's water customers-fellow Michigan citizens-were needlessly and tragically exposed to toxic levels of lead through their drinking water supply. They deserve a commitment to properly assess responsibility and ensure accountability. They also deserve a commitment to needed mitigation In both the short and long term. The Flint water crisis never should have happened. Having failed to prevent it, state government should coordinate a sustained, public-health-focused response to remedy, to the fullest extent possible, the impacts on the Flint community.
Respectfully yours,
Flint Water Advisory Task Force: Matt Davis Chris Kolb larry Reynolds Eric Rothstein Ken Sikkema
3

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January 22, 2016
Governor Rick Snyder Office of Governor P.O. Box 30013 Lansing, Michigan 48909
Dear Governor Snyder:
The Flint Water Advisory Task Force (FWATF) appreciates your recent efforts to secure federal and mobilize state emergency response resources to address the immediate water supply issues in Flint.
This letter is to encourage a similarly robust response to the challenges of re-establishing a reliable, trusted potable water distribution system in Flint. This is required as soon as possible to replace the unsustainable and expensive bottled water and filter distribution program that has been necessitated, but which clearly must serve as an interim, emergency response.
Consistent with the priorities identified in the Safe Drinking Water Emergency Order issued by the EPA on January 21, 2016, we recommend the following actions to address scie ntifica lly grounded concerns that the water system in Flint remains unsafe because of lead contamination and Legionella. Public trust in the safety of the water supply may only begin to be re-established through the state's forthright engagement of the scientific experts who overcame state and federal agency intransigence to expose the lead poisoning.
Our recommendations are: • Engage US EPA staff experts versed in Lead and Copper Rule (LCR) requirements specifically Miguel del Toral, Darren Lytle and Michael Shock. These individuals should be empowered to guide implementation of a comprehensive LCR sampling program in Flint that will monitor lead levels now and throughout the conversion to raw water supply by th e Karegnondi Water Authority (KWA) and full-time use of the Flint Water Treatment Plant. • Establish an inter-disciplinary work group comprising subject matter experts drawn from respected public utility associations and institutions of higher learning in Michigan and elsewhere (including Marc Edwards of Virginia Tech), to oversee the conversion to KWAsupplied raw water. • Commission and/or contract with an unbiased third-party organiza tion or consortium (hereafter: Flint water safety scientific assessment team [FWSSAT]) that will be responsible for assessing the quality and safety of drinking wat er in residences, schools and child care settings in Flint, and hospitals and other healthcare facilities served by the

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.189 Page 189 of 229
Flint water system . The explicit focus of FWSSAT activities will be lead and Legionella; however, the FWSSAT may include other considerations in its work.
The FWSSAT will be invested with the responsibility of declaring when the public water supply in Flint is safe for routine consumption. The FWSSAT will employ the most rigorous scientific standards, using a sampling strategy that is designed to optimize detection of water contamination in home, school, and child-care settings, and healthcare environments. All schools and healthcare facilities must be included in the sampling approach. Rigorous sampling of residences and child-care settings (whether centers or in-home) will also be implemented, using any and all available information about lead water service lines. In addition, if a homeowner or renter whose dwelling has not been included in sampling wishes to have the dwelling included, they will also be sampled. The sampling efforts and reporting process of the FWSSAT will be fully transparent to the public; results of testing should be published on local, state, and federal (EPA) websites.
• To assure the re-building of community trust and assure sufficient expertise for future water quality and safety, the FWSSAT should partner with local (Flint Water Treatment) and state (MDEQ) personnel in its activities. The FWSSAT should have an interdisciplinary advisory committee that includes local community leaders, local and state officials, national scientific authorities regarding water quality and safety and public health, and the leader of the interagency state effort regarding the Flint water crisis. When the FWSSAT advisory committee is satisfied that the FWSSAT scientific procedures have thoroughly assessed water quality and safety in Flint residences, schools and child care settings, and healthcare facilities and found the water to be sufficiently free of contamination, then the committee will advise the public of the findings. The FWSSATwill then organize the transfer of responsibility to local and state authorities to sustain the sampling and reporting methods thereafter, including the conversion to KWA raw water in the future.
We also believe that a forthright response to the Legionella outbreak must similarly engage trusted, scientific experts drawn from independent institutions. Accordingly, we recommend:
• The Michigan Department of Health and Human Services (MHHS) should make a formal request to the federal Centers for Disease Control and Prevention (CDC) for assistance in assessing the outbreak of Legionnaire's disease in Flint, if they have not already done so. MHHS, working with CDC, should develop a strategy for improving prevention, rapid detection, and timely treatment of cases of Legionellosis in Michigan in 2016 and beyond. While the MDHHS evaluation of the dozens of cases of Legionellosis in 2014 and 2015 has strongly suggested a link to the shift to drinking water from the Flint River in 2014, further and more intensive evaluation of clinical isolates (i.e., samples from infected patients) is necessary to understand the route(s) of transmission from contaminated water to humans. The unique set of outbreak circumstances in the setting of a change in water source strongly indicates that support from federal public

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.190 Page 190 of 229
health authorities would be a welcome way to amplify the public's collective understanding of risk of contracting Legionella in residences served by the Flint water system, and in Flint healthcare facilities.
• The state should specifically request federal support from t he CDC- and, as app ropriate, additional federal experts and agencies- to advise and assess Flint healthcare facilities and Flint-based healthcare providers regarding: (a} appropriate application and timely re-application of biocides to air treatment systems and cooling towers in all healthcare facilities in Flint, in order to prevent colonization with Legionella ; and (b) proper assessment and timely diagnosisof Legionella among patients in Flint who present with characteristic signs and symptoms and have a history of potential exposure to contaminated water. Of note, the risk of resurgent Legionellosis in Spring 2016 is on the horizon; the first cases of Legionellosis in the 2014 and 2015 outbreaks were diagnosed in June and May, respectively, and Legionella is known to be much more common in the spring, summer, and fall than in the winter months. Time is of the essence.
• MDHHS should work with its federal partners to assure that investigative efforts related to Legionella regarding quality and safety of water are conducted in coordination with the FWSSAT described above. Furthermore, MDHHS should regularly communicate its findings to t he Flint community regarding its efforts to prevent, detect, and treat cases of Legionella until case levels return to pre-20141evels.
We expect that these measures will provide members of the Flint community with assurance that the quality of their tap water is being appropriately monitored and that forthcoming announcements that Flint's tap water is safe t o drink are well-founded. Notwithsta nding earnest state agency actions, we believe that the engagement of independent subject matter experts, wh ether to assess drinking water quality or public health concerns, is critical t o overcome, over tim e, the understandable skepticisms that prevail in the Flint community.
We hope that you will receive these recommendations in the same spirit with w hich they are offered- to advance the recovery and reinvigoration of the Flint community.
Respectfully,
Matthew Davis, M .D. Chris Kolb l awrence Reynolds, M.D. Eric Rothstein, CPA Ken Sikkema

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APPENDIX Ill: Interviewee Listing

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.192 Page 192 of 229

Flint Water Advisory Task Force
Interviews and Discussions Usting

. . ;:,·, No. LastName

First Name

Organization

~ ·'~~~~~ch ··.=;:.·;,.••.,.,F,i:~~~~;~;~~·.H~!~r~!h:~~~~~:n~lves

::.:;;:·:;:r::~.:;::::~?(;-·):~::2.::. ·:_·.; .. :; -~. ;. -~- .,_~J;(:;;~\;~t~l~~~,#~:~~-P.~~mqr~~i~~~;::<\;:~;~;t:'=i:':. ·:;:.'.:: ·; .. ':' .~:··

3 Snyder

Rick

Michigan Governor's Office

4 Muchmore

Dennis

Michigan Governor's Office

5 Baird

Rich

Michigan Governor's Office

6 Hollins

Harvey

Michigan Governor's Office

. :;:~~:;p:;i;:·l~;;>··,: -:\·.:,· ·:;v+;;:.::?r>~;!~!~L:!iil¥.~~h~~~~;;qeP,~r.t·~~H'f#J.:tr~~~~~):; ·::·~J:<'·.·: ·:...

7 Dillon

Andy

Treasury Department

8 Workman

Wayne

Treasury Department

9 Saxton

Thomas

Treasury Department

10 Byrne

Randall

Treasury Department

11 Sampson

Jeremy

Treasury Department

·::·.·:·:?iitJ.tir~(~~~ijl~~~~~~-~~~~*i;®!~~i.HP~~~~(.::_:_;;: :·: ·

12 Ambrose

Jerry

City of Flint

13 Earley

Darnell

City of Flint

14 Kurtz

Ed

City of Flint

15 Brown

Michael

Oty of Flint

16 Weaver

Karen

Oty of Flint

17 Walling

Dayne

City of Flint

18 Henderson

Natasha

City of Flint

19 Freeman

Josh

City of Flint

·:.::;;~;;·:::·~::\i)?Ji;~i!lf.Jpfrf''"~:$t4ffi.~rr~i:~~iji~~n~ :\.;>~::_:_· •:

....

.

...
."·:

;~

20 lundquist

Jody

Oty of Flint

21 Brown

Inez

City of Flint

22 Croft

Howard

Oty of Flint

23 Johnson

Daugherty

Oty of Flint

24 Wright

Brent

Oty of Flint

25 .~lasg_ow
...
26 Mays

Mike

City of Flint

.:.. >: ,~. ~:'Fu~t~onj~·~n.itV~:>· :.;..;;::.:

Melissa

Flint Citizen

27 Overton

Allan

Flint Citizen

28

..

.. !

Shariff

Nayylrah

Flint Citizen

. ::: M.i~fpn. ~ep_artment of;;~~f.Pn_men~I:Q~alitY..

29 Wyant

Dan

MDEQ

30 Sygo

Jim

MDEQ

31 Creagh

Keith

MDEQ

32 Krisztian

George

MDEQ

33 Anderson

Madhu

MDEQ

34 Shekter Smith

Liane

MDEQ

35 Rosenthal

Adam

MDEQ

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.193 Page 193 of 229

Flint Water Advisory Task Force
Interviews and Discussions Usting

No. Last Name

First Name

Organization

36 Busch

Stephen

MDEQ

37 Prysby

Mike

MDEQ

;;t;i;\i;>)i<~·-~:::~;')~;;J:;:::l:'\·;;~;;t~:J;mml?a~•~P.L~~piij1,~~,~~~~:H~~l~~~~~~~~~~~~~i~~~:.:;t):;, ·;;:<::~~::: .·.· ~~;; :':·~:;:~;;;}~;=;:/~;;~;;~:13

38 lyon

Nick

MDHHS

39 Becker

Tim

MDHHS

40 Wells

Eden

MDHHS

41 Larder

Cristin

MDHHS

42 Lasher

Geralyn

MOHHS

43 Moran

Susan

MDHHS

;·; !:i;':;~:,·::!/~(: /: :~t· ~t.-:,:;~~:·:~{:\:~=:;;::~!i:::·::~;<!:{i!i:H~;,?li;~_/:~;:f!?R;;~~:;.·: ;(·i~~i~P,~:\. ·t;i!;f;2;:~1~ii!i!f~i\:;;;;::;;~i,;:i:):;;i; ·.:'...·:.

44 Hyde

Tinka

EPA

45 Crooks

Jennifer

EPA

46 Hedman

Susan

EPA

47 Kaplan

Bob

EPA

48 Del Toral

Miguel

EPA

49 Porter

Andrea

EPA

50 Blair

Rita

EPA

51 Poy

Tom

EPA

:.:.:·,;:. ;. :;:_: :~;~t;. ?::::{);};/::.;;,.:~;;, -·:!5;:~;mt?~!!j/iiii!iit~J:mr,~~-~,P.~~~i!~P-~I#:~:W~.~~:~~~!~r~1iWI:~;i~::~;:; !~~,~J~:·:i/·.'~~:;:y:::\ ,:!::;::,\::~!:~; ;~;~/ii:;~::;!;~!

51 Betanzo

Elin

Northeast-Midwest Institute

52 Edwards

Marc

Virginia Tech

53 Sullivan

Laura

Kettering University

54 McElmurry

Shawn

Wayne State University

};,~ ,:< :;;i:> :·. · :. ,.:~~~:}t?-~i:;:~;~~ji~ti;~;;;;:.}i\~;~i:ji~;~~·ij~~~iQ~•·th.-PG.~Iii:~~~wm~;(i1;i:;~::;~;fn!1l!:;i;i::,~·:::,~i;:::::::::/:.;: · .. :·':

54 Hanna-Attisha

Mona

Hurley Medical Center

55 Valacak

Mark

Genesee County Health Dept.

._. . .· - ..,: . . ·.: . 56 Doerr 57 Henry -~:- _l::~e..

Kay
James
····r~;"~-

Genesee County Health Dept. - Board of Health
Genesee County Health Dept.
-KW:J~~:

59 Wright 60 O'Brien 61 Jansen 62 Wolfson 63 Koesters

Jeff John Dave William laurie

GCDC GCDC GCDC GLWA/DWSD GLWA/DWSD

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APPENDIX IV: Questions of Lockwood, Andrews.. & Newnam

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Lockwood, Andrews and Newnam Flint Water Advisory Task Force Questions February 22, 2016
1. Please describe your firm's experience with drinking water treat ment facil ities, specifically related to drinking water quality, treatm ent of river water supply, disinfection and disinfection byproduct management, corrosion control, and startup for full-time operation.
2. Please describe your firm' s experience with distribution system management, including corrosion control, disinfection and DBP management, and Legionella management.
3. Please provide the scope of work for your engagements related to preparing the Flint Water Treatment Plant for full-time operation, as well as any subsequent engagements.
4. Please describe the procurement processes used for contracting these scopes of service. Please provide copies of relevant proposals and contracts.
5. Please provide a narrative describing LAN's involvement with City of Flint and MDEQ staff throughout your engagement with the City related to full-time operation of the Flint Water Treatment Plant.
6. Please provide a list of your findings and recommendations to address the various water quality problems that occurred following startup of full-time operation of the Flint Water Treatment Plant.
7. Please provide your subjective assessment of the condition and technologies at the Flint Water Treatment Plant and distribution system prior to full-time operation of the plant.
8. Please identify all team members {including LAN staff and any subconsultants) who worked on the project to prepare the Flint Water Treatment Plant f or full-time operation. Describe their respective roles on the project and their experience. If any other staff or consultants were engaged for guidance or review, please include those ind ividuals as well.
9. Please describe the reporting structure (both LAN's project t eam reporting structure and its reporting relationship to City of Flint staff and Emergency Manager) for LAN' s work on the Flint Water Treatment Plant, specifically for preparations for full-time operation of the plant.
10. Please provide a copy of any deliverables prepared to support full-time operation of the Flint Water Treatment Plant, including the plan of treatment that was reviewed with MDEQ.
11. Please review your discussions with the City of Flint utility staff and MDEQ regarding Flint River water chemistry and treatment requirements, specifically r elating to: a. Anticipated treatment challenges related to use of Flint River b. Prospective disinfection requirements and options for management of DBPs c. Corrosion control
12. Please describe the decision-making processes related to treatment requirements, specifically with regard to corrosion control treatment.

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.196 Page 196 of 229
13. What was the nature of the discussions regarding Lead and Copper Rule compliance requirements?
14. Did LAN identify requirements for Lead and Copper Rule compliance in advance of discussions with MDEQ?
15. Did LAN express any concerns or cautions with respect to MDEQ's interpretation of Lead and Copper Rule requirements for water treatment?
16. What were the outcomes of discussions with MDEQ regarding treatment requirements, specifically regarding compliance with Lead and Copper Rule requirements?
17. Please outline your interactions with other consultants and suppliers working on the Flint Water Treatment Plant, both during preparation for and after startup of full-time operation, including Rowe Professional Consultants, Veolia and any others.
18. Please describe LAN's involvement with the City of Flint's Technical Advisory Committee. Please provide copies of any presentations or handouts offered in the context of the Technical Advisory Committee discussions.
19. Please offer any key points or information not already provided that you think would be of value in addressing the causes of the Flint water crisis and avoiding similar situations in the future. Please provide any recommendations to address prospective Flint water system needs.
20. Please offer any key points or information not already provided that you think would be of value in addressing the causes of the Flint water crisis and avoiding similar situations in the future. Please provide any recommendations to address prospective Flint water system needs.

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Exhibit 8

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.198 Page 198 of 229

Flint Water Advisory Task Force

Integrated Event Tlmeline March 21, Z016

Ncrte: This timenne was tomplled by Lhe Flint Water Advisory TBsk Force to support Its lnveJtlgatlon or the Fllnt water crisis. It Includes selected events that occurred before and during the crisis. The tlmellne ends February 29, 2016.

:

, o.a~e •

·.:·:event·

·.·' ··-· · · ···· ·.•, ·:., ··:··;;\::C·/:·.::'·.:,;:::.:~::~.~e~·~~;qa~~~.P.t:.:>'} · . :··!,:,;...'/(:\;:;•;.;;:::'k;;~><·,.,.,.,.:~·;,.~..~<,s.~P.~• · ·

..::~·:!~··~:~::.;.::;~··<1.(~,~~~·~

1883

Flint's water system is Ofi&nlzed end built under private ownership ~s the Flint
Water Works Company, pumping raw water from the Flint River to customers

.

"The Water Supply of Flint, Michigan" (brochure)

Brochure provided to FWATF by City of Fllnt

1 1

1903

City of Flint purchases OWned Corporation

water

utility

($262,500)

and

converts

It to

a

MuniCipallY

"The Water Supply or Flint, Mlchf8ari" (brochure)

Brochure provided to FWATF by City of Flint

i,

1911 Oty of Flint adds water filtration to Fllnrs water system

· "The Water Supply of Flint, Mlchlp n• (brochure)

Brochure provlded to FWATF by City of Flint

Oty of Flint Invests In capital Improvements to the water utility (S12.SM) lncludllli

1947

_1955

Improved water storase, treatment and pumplns. "Polyphosphate Is added In smaD amounts to lessen the corrosion of water pipe when In contact with the cold water,"

"The

Water Su ly of PP

Fl!n• ..

Michl P

n•

(brochure)

Brochure provided to FWATF by City of Flint

.11

Oty of Fllnt executes Jong-tenn water supply contract with Detroit Water and

Contract referenced In ·~trolt Wllter and Sawerage Department. dwsd.ors/downJoads_n/about_dwsd/hlstory/complete_hlstOfY.p

1967 seweruge Department (DWSD) and bvsins receiving water from OWSO. Flint Water Treatml!llt Plant (WTP) subsequently Is converted to a backup supply source

The flrst 300 Years," posted to DWSD website

df

1991 EPA Issues Lead and Copper Rule (LCR) to control lead and copper In drtnklna water LCR history and current rule posted to EPA's website

www.epa.gov/dwreslnfo/lead-and-coppet·rule

2000 Rlnt water supply contract with DWSD expires

Tlmellne,IAnalysls/Recommendatlons !July 15, 2010), prepared by Information provided to FWATF
owso Wholesale customer Outreach Team

2001 DWSD and Flint enter Into contract neaotlatlons ·subsequently suspended

Tlmellnii/Analysls/Ratommendatlons (July 15, 2010), prepared by DWSD Wholesale CUitomet Outreach Team

July

2002

Under Michigan's Public Act 72 of 1990, Flint is placed under an Manaaer (EFM) untll2004. Ed Ku,U Is appointed Flint EFM

Emergency

Financial

MUve Flint's

(Nov.10, 2011): "Wbat happened 2002 state takeover" {Mostafllvl)

last time?

A look

back

at

www.MUve.com/ncws/fl!nt/lndex.ssf/201!/11/whaLhappened_l ast_time_a_loolc.html

i
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S/U/16!
: I
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•Source Water Asmsment Repgrt for the City of Flint Water

Februa ry

2004

Technical assessment of Fllnt River raises concerns notlna the source's susceptibility to contamination

about

Its

use

for

drtnldna

water,

SUpply- Flint River Emeraency Intake: prepared by u.s.
Geolosical Survey, MDEQ and Flint Water UtiDtles Department. As reported In Brtcfae Mapllne (Feb. 4, 2016): "Dbaster Day by Day:

brtdgeml.com/2016/02/fllnt-water-dlsaster·tlmeDne/

A detailed Fllntcrlsls ttmellne•

Genesee County Drain Commission (GCOC) commissions feasibility study on

Janua ry

2006

alternatives to provide water service to Indicates Fnnt River water can be safeIV

existing treated

and new but does

customen. Report not have adequate

capactty for permanent use

"Preliminary Report· t.ona·Term Water Supply for Genesee

Report provided to FWATF by MDEQ. Gov. sn der's tlmellne:

County,• prepared by Rowe, Jones & Henry, Gannett Fleming. Included In Gov. Snyder's Flint Weter tlmellne (released Jan. 2016}

=:ov/doycuments/snyder/Filntwaterllmeline_FINAl,_S1l424-'·

January 2007 DWSD (Mercado/Foster) discusses water contract options with Genesee County nmeline/Analysls/Recommendatlons (July 15, 2010), prepared by Information provided to FWATF

Drain Commission (GCDC)

DWSD Wholesale Customer Outreach Team

s te ber ep m

2007

DWSD brlnas forward pipeline loop In Its capital plan to address concerns of City of Rlnt, Genesee County, and Mlchf8an Department of Environmental Quality (MDEQ)

nmellne/Analysls/Recommandatlons (July 15, 2010), prepared by DWSD Wholesale Customer Outreach Team

Information provided to FWATF

. · · . . . . . . . .. :... · ·.·_ ·~· ... ~::;;~:~:,~:~~:;_·~':,,::"::.::;::·':.{i:':C~~o'i~~~~~;;..:'~~:~~~:::];r~.fq{

June

3 2008 •

GCDC requests neaotlatlon with DWSD for water supply contract; term contract due to Oflgol evaluation of lon -term needs

requests

short·

June 12, 2008 ~:s:, Issues response to GCDC neaotlatlon request referenced In July 16, 2008

Letterfrom O'Brlen/GCDC to Mercado/DWSD Mercado/DWSD letter

Information provided to FWATF Information provided to FWATF

I
i
3/12/161
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3/20/16!
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July 16, 2008 Flint advises DWSD that GCDC will represent Its Interests In negotiations

Letter from Wllllarnson & Wrtaht to Detroit Deputy Mayor Adams Information provided to FWATF

i September 3~ 2008 GCOC an~ DWSD.meet on water supply contracting

: ':M~~:u; .su~~;~6;i~f,·~n~~:~~··'<i::;..:.::: ·~.'~' :,..., , ..: :: ....... ,.,J~f~~.~~P..~~~:e·~ ~ ~~!f1 . • .,..:.·.· .• _ -: '· ..

.,

~ from-~ke. MDEQ·webs:~~ ~~~~~~:S~~~~~·~~~~~~~d~w~~~~~,. Februa 11 2009 GCDC submits permtt application ror ss-msci surfvc:e water WtthdniW.I

Permit application and supportln" data posted to

'

:,, . . . 3/12/.;61

1

ry ' Huron

°

scdcwwpermltapp_ZB0312_7.pdf

!

i

l1mellne/Analysls/Recommendatlons (July 15, 2010), prepared by Information provided to FWATF.

j

!
i

March

10•2009

DWSD offers partnership arrangement: GCDC fund border ($200 million) and obtain 409G reduction on

Flint loop north service rates

of

Oaldand

::Wi DWSD Wholesale CUstomer Outreach Team.
MUve (March 11, 2009): "Half Price Water Offer from Detroit Not

MUv:-:.~1~lewstn·Int/lndeusf/2D09/03/ha1~prlce_water_o

31191161!

L---------·---·------·-·--..·---·---·-....··-------····---·--··---------------------------------..-···-····~'Y:J.!~!!.!!.!!~..l~~~!} ____·-----··-----------·--··-:-~.--..-------··-·--··-----·-·----··-·-·-····----··---------··----··1

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.199 Page 199 of 229

· .........._.__________ ·-·-----------·-·-·:-··.··-:·- ..-_.. .;:::··:--::;.-· _. ·':-:·-: ·: o-a~-

---~ve~t :-~~- -~:--:

:·-·:--~~: ·~:_;·--::. ·~·:··

·::r·:·:· -~-~-,~ ;~~~et~re'n~-~-a~~rii:t77:· .:·::7:~::=:~:·::::~:·:···:~~::-:-:~~;~y;·y:·-::: ~:-:~.~~~~-:~-"~-~~':'-,~~:,~:::-~"~~~·.::::·:~:·:::=_--~~esseci

June 2009 DWSD and SOCWA file comments opposlna GCDCwlthdtawal permit application

June 25, 2009 GCDC announces plans to build $600 million water system

June

25'

2009

"Lake Huron Water SummarY" Issued

SupplY

Study

-

JCaregnondl

Water Autllorlty

(KWA)

~

July 10, 2009 DWSD Interim Director Pamela Turner publishes letter to Editor In MUve

August 13, 2009 Foster Group provides observatlo~s on GCDC cost analysis re: KWA

August 28, 2009 MDEQ Issues permit to GCDC for 85-mad Lake Huron withdrawal for KWA

September 2009 "Lake Huron Woter SUpply· KWA Preliminary Engineering Report" Issued

February 22, 2010 DWSD posts letter to potential KWA partneJS (Flint, Genesee, Lapeer) Aprll13, 2010 Genuee County approvea KWA Articles of lnCOTpOratlvn

nmenne/Analysls/Recommendatlons (Jutv 15• 2010), prepared by Information provided to FWATF DWSD Wholesale CUJtomer Outreach Teem

Referenced In July 25th letter· DWSD Director Pam Tumor

Information p;ot;lded to FWATF

"Lake Huron Water SUpplY Study· ICaregnondl Water A!Jthorlty Executive summary," prepared by AECOM, Iones &Henry, LAN, Attachment 3• MDEQ documentation provided to FWATF Nov. 6,

O'Mlll1a, Rowe and Wade Trim

2015

MUve !July 10, 2009): •Another View: Genesee County Water www.MUve.camfoplnlon/fllnt/lndex..ssf/Z009/07/another_vlewa

Venture Is Risley Business: Thlnlc AlrtoWorld" tHughes)

enesett county wat.html

Foater Group memo: "Observations on Coat Analylls from the Lake

Huron Water Supply Kareanondl Water Authority Preliminary Information provided to FWATF

Engineering Report"

MDEQ Larae Quantity Water Withdrawal Permit posted to MDEQ www.mlchlgan.gov/documents/deqfdeq-wb-dwehs·wwclu-

~~~te

acdclqwwpermlt_290342_7.pdf

•uke Huron Water SupplyStudy· Karegnondl Water Authority
Preliminary Enalneerlng Report,• prepared by AECOM, Jones & Henry, IAN, O'Malla, Rowe and Wade Trlm
~;;;~;;j:;:~:·;_;;~;-.'~i(~~~~~tii;~}:}i~t;~\f:;~:~~~:(~i~JWh~;·\!;;::,;.:

www.scrlbd.com/dot/!il254S29/ICareKnondi-Water-Authorlty· Prellmlnary-Englneertna-Report-Sept-2009

MUve IFeb. 25, 2010): "Another View: Detroit Water and Sewerage wants to wort wlth laaders In Genesee and Lapeer
counties" (Letter from Pamela T1111U!J'/DWSD)

www.MUve.mm/oplnlon/fllnt/lndex.ssf/ZOl0/02/another_vtew_ detrolt_water_and.html

MUve (Aprll13, 1010): •Genesee County sterts restonal water www.MUve.cam/news/fllnt/lndex.ssf/Z01D/D4/Ienesee_county_ authority, potential partners plan votes In comln& weeks• (Fonger) startueslonal.html

!
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May 14, 2010 MUVe reports on GCDC contrect whh polltlcal consultant Sam Riddle DWSD end GCDC meet to neaotlate water supply contract. Notes re: contract

MUve (May 14, 2010): •oraln commissioner pald Sam Riddle
$2,000 1 month to work on Genesee county water plpellne•
(lcqlcy!

WVM.MUve.com/news/fllnt/lndex.ssf/2010/05/draln_commlsslon er.JNSizLsam_rl.html

3/12/161
I
i

June 17, 2010 terrnlna11on: •ooet not mean DWSD wlll not continue to provide water but ratet will Meetlf18 summary- Project Innovations

lnformauon provided to FWAlF

reflect .stranded cost cha111e to protact the system"

July 10, 2010 GCDC Issues Consumer Conndence Report supporting KWA pipeline

•2013 Consumer Confidence Report'' posted to GCOC website. www.gcdcwws.com/lmages/contentlmaaes/tlle/2014K20Wate"' MUve (July 10, 20101: •Genesee County drain commissioner's new 20Color-WE.pdf water quality report focuses on benefits of building new water www.MUve.com/news/Rint/lndex..ssf/201D/07/aenesee_county_

! 1
3112116,

.···.·.:·: . ·•·.•:•.·: •· ·.• ::,;>>;:::::i:;:,~:17,41:':t'h~!J•:•:::.:::.i/.~iit>k::;;; :,;,::;::,: :~:, :.:.::~~';~'m\t~'!t•;;:),.~;·:.i;';\'H'••;:,:.:;;~~:;~·'•ilii':i~#!'i':;::,.1

Report Is completed for City of FUnt on feaslblllty of ustna Fll:lt WTP and Rlnt River

July

1,

2011

as primary water supply, Notes Flint River water will require more treatment than Lake H~ron wate~; re~mmends capital Improvements and projects capital and

operating cons l1nclud1ng phosphate addition)

•Analysis of the Flint River as a Permanent Water Supply for the Clty of F1111t.• prepared by Rowe and LAN

Michigan Department ofTreasury conducts preliminary review of City of Flint

Auaust 29 '

2011

finances and recommends appointment of a Financial Review Team. Noting the dty's accumulated defldts of$25.7 minion, It concludes "probable flnandll distress"

Letter posted to State of Mlch!aan website

exists In the city

www.scrlbd.com/doc/64381765/AnalysJs.of-the-FIInt-River-es-aPermanent-Water-SuppJv.for·the-City-of·Filnt-July-2011 Appendices: www.scribd.com/cloc/&43B21811Analysls-of-the-Fnnt-River-as-ePermanent-water-Supp!y·for-the-City..of·Fnnt-July-2011· ApJ)endlces-1-to-8
www.mlchlgan~/documents/treasuJV/Aint·
GovemorsDetermlnatlon-11+11_417435_7.pdf

j
3112116!j
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I

City of Ffint Increases water and sewer rates by 35 percent, foflowlna a water and September 16, 2011 s1e0w11er rate Increase of 25 and ZZ percent, respectively, that took effect In January

pMeUrcveen(~A.,U(gL.o1n~.6t.,e2y0)11): "Flint water, sewer rates Increasing 35

www.MUve.com/news/fllnt/lndox.ssf/20ll/OB/fllnt_water_sewer

_rates_lncrea.html

3/12/16!

5eptember

30'

2011

Gov. Snyder appoints &·member Flnandal Review Team, which coiM!nes In November and recommends appointment of Eme111eney Manager In Flint

October·

Lett er

d paste

to

State

of

Mlchlgan website

www.mlchl&an.;ov/documants/treasury/FIIlltGovernorsDetermlnatlon-11·8-11...417435 7.pdf

1/31/161

November 11 2011 Gov. Snyder notifies Flint Mayor Dayne Walnna via letter of Intent to appoint ' Emeraency Manager

Letter posted to State of Michigan website

www.mlchlaan.govfdocuments/treasury/FIIntGovernorsDctermlnatlon·11·8-11_417435_7.pdf

I
1/31/16'

j~---N--o-v-e--m--b-e·r··2-9·,--2-0-1--1--G-·o..v--.··S--n--y·-d-e··r--p..l·a-·c-e·-s··C..i.t.y...o...f...F..l.i..n..t...I.n...r..e..c..e...i.v..e...r.s..h..-ip....u..-n..d.-er...P..A....4...........________________ , ___:,:_~__:,~__~.~,_eJ~t:.:__~_•t (F__e,b__ru__a_ry_._2_0_1_6__:"_H__o,w.__F__l_ln_.r,s__w,.a,.t..e..r...c..r.i.s..i.s........____w_w__w__.f_r_e_o_p_._co,._m_/_p_a_g,e_s_/_l_n,.t,e_r_a,_c_t_l_v_e_s_/_m_,_nt_-w__at_e_r-_<_ri_si_s-_tl_m_e_n_n_e/.____,__3_/_1_2_/_1_&...1J

RlntWeterCt1siJ1Tm•llnw

m11t W11et AciYIIOIYTist Forot

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.200 Page 200 of 229
Date

March

20'

lOU

lnaham County Circuit Court Judgu Rosemarie Aquilina rules In favor of removing Brown from office 11 nd restoring power to the moyor and dty

Muma, council

MUve (June 30, 2013): He's bade: Atlmellne of Michael Brown's moves as Flint's emeraen mana er" Adams

3112116:1',.

March 26, 2012 Mlchlpn Court or Appeals reinstates Brown as Flint EM Aprll24, 2012 City of FOnt's Fiscal Year 2013 budaet passed by an "executive order"

MUve (March 26, 2012): ~Flint emergency manager reinstated as
battle over PubUc Act 4 continues" !Longley) •atv of Flint Flnanelaland Operating Plan· Flsasl Yen 2013,•
posted final to gty or Flint website sep. 25, 2012

Flint Department of Public Worb [DPW) Director Howard croft sends letter to District Enalneer Mike Prysby, MDEQ. Office of Drlnklna Water and Municipal

i

MaV9'

2012

Assistance [ODWMA), stattna r:NA "has the potential to be a region's economic development... The City of Flint Is pleased

ma]orfactor In to be a partner

our In the

proeess and we pledae to offer our assets to support the development. We

appreciate your technical ~Upport as we develop our COnJPOilents of the projld,•

As reported In Brldae Maaazlne (Feb. 4, 2016): •o1saster Day by Day: Adetailed Flint crisis tlmelme•

brldseml.com/2016/02/fllnt-water-dlsaster-tlmellne/

3/12/161
I
I

Ma V 24 '

2012

Flint City Council President Scott Kincaid files lawsuit Bialnst City seeklna recent [Sep. 2011 and May 2012)1ncreases In water and sewer rates

to

repeal

MUve (May 24, 2012): "IJ!wsult filed aplnst Flint by council president over water rate Increases• (Ridley}

www.MUve.com/news/fllnt/indeusf/2012/os/lawsutt_filed_agai nst_mnt_by.html

Emeraencv Manaaer Brown further Increases water rates by 12.5 percent and sewer Emeraency Manaaer Order No. 31· Water and Sewer Rate

Ma 30 2012 rates 45 percent. and ratifies Sep. 20111ncroases. [Appeab court subsequently Y ' Invalidates.) With this Increase, Rlnt water customers had seen a "110 percent Increase In tholr average water end sewer rates since January 2011"

2015 Increases, posted to Qty of Flint website
Referenced Ill MUve (June 19, 2015): "Flint council members want

wwwwww.McitUyovfel.lcinotm.ctome;/;'f-clol~tnednetx/.u~flo/acls/C/i0tSy/PfDllFn/t0.3,1c.opudnfcll_me

water customers refunded, lawsuit settled• (Fol\ier)

mbers•_say_cJty.htmn1

3/12/1&! 1
I I
3/12/16:
I

Flint EM Brown sends letter tD owso for permlsslon to begin blending Rlnt River

June 26, 2012 water with treated water from owso. Letter lndlcetes MDEQ Is supporting this

option, which would save City $2 mi!Don to $3 million annually

July

2 '

2012

State appeals court dismisses sewer rate Increases

Kincaid

lawsuit challenging

recent

Fnnt water

and

Ed Kurtz (who served as Flint EFM f10m 2002 to 2004) replaces Brown as Flint EFM,

A ust Ui

8 '

2012

after Brown has to exit bi!CIIUH the ltate's suspended due to referendum to rvpeallt.

EM law, Public Kurtz appoints

Act 4, Is officially Brown as Flint City

Administrator

Department ofTreasury tfmeDna (dated Sep. 28, 2015), lnduded In samcspnxi28ovm001.usgovdoulfapp.net/flles/snyde~Oemalls.p

Gov. Snyder's e-malls released Jan. 20, 2016 (pp. 93-94/274)

df

MUve (July 2, 2012): •state appeals court dismisses Flint water www.MUve.com/news/fllnt/lndex.ssf/2012/07/appeab_court_dls

IBte lawsult" [Longley)

misses ffinl.hbnl

NBCZS News (Aug. 8, 2012): •Ed Kurtz returns to Rlnt as emergency manqer"

nbc25news.com/news/locaVed-kurtz-retums·to-fl!nt-as· emergenqo-manager?ld=785990

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September 10, 2012 Flint City Council tiles suit against Kurtz's appointment es EFM

MUve (Sep. 10, 2012): •fnnt City Council members sue emeraency www.MUve.com/news/fllnt/lndex.ssf/2012/09/fllnt_dty_coundl_

f!Nanclai~Mnager Ed Kurtz• (Lonafcvl

members_sue.html

3/12/161

Department ofTreasury tlmelne (dated Sep. 28, 2015), Included In somcsprod210Vm001.usaovdoudapp.net/files/snvder%20emalls.p

Gov. Sn er's e-malls reteased Jan. 20, 2016 •93-94 74

df

3/12/16!

November

2013

Department ofTreasury retains Tucker, KWA prcpoSilll to the City of Flint

Young,

Jackson

and

TUII

(TYJT}

to

evaluate

Department ofTreasury tlmellne dated Sap. 28, 2015 , lnduded In somcsprod2govm001.usgovcloudapp.net/flles/snyd~20emalls.p

Gov. Snyder's e-malls released Jan. 20,2016 (pp. 93-94/274)

df

Department ofTreasury tlmeDne (dated Sep. 28, 2015}, lnduded In somcsprod2gollm001.usgovdoudepp.net/flles/snydd20emalls.p

Gov. Snyder'• e-mulb released Jan. 20, 2016(pp. 93·94/274)

df

3/12/16!
I
3/12/161
I

November

6 '

2012

Mk:hlgan voten overturn state's EM as Flint's EFM under Public Act 72

Law

(Pubnc

Act

4)

In

referendum.

Kurtz

remains

MUve eme

(Nov. 7, 2012): •flint gains public en mana er law• Lon ley)

safety

m!llaae,loses

www.MUve.com/news/fllnt/lndex.ssf/2012/11/fllnt_pln.s_publlc_

Flint EFM Kurtz sends letter to State Treasurer An vDllon lndk:atlng that a proposal

November 6, 2012 from DWSD ls eJCpected, but thet the initial assessment shows switching to KWA Is In Department,of Treasury tlmellne (dated Sap. 28, 2015), Included In somcsprod2iovm001.uqovcloudapp.net/flles/snvder7UOemalls.p

3/12/161
!
! 3112116

,

the best Interest of the City of FDnt

i December 27, 2012 Michigan legislature approve.s new EM law

Gov. Snyders a-malls released Jan. 20, 2016[pp. 93-94/274)

df

MUve (Dec.U, ~0121: "Michigan House apptOve.s new emeraeney

1 3/12/161

l..............----···----···---·---···--·..·-···--···-····--··..···-··-····- ....---------------------------·-----..--··--.......!!l.!'!!.q!!:,,l.!S!~!!IJ!!.J!'~.(Ess!l..~t........._............................................~!M~Y!:~ml!!!'!!SJ!~~~~l~9~.Y.1~/I:~tcJ!ls!!'.J.!I!':!~!-a.P.P~-------..--..-i

Rlnt VMerCrisls llrMilne

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.201 Page 201 of 229

'~

'II

Date.

Prysby/MDEQ e-maUs Uane ShakterSmith, head of ODWMA, and other colleaguas

1

re: fea51bl!lty of Fllnt switchIns to Flint River. •Jagree that the city should have

Janua ry

23'

2013

concerns of fully the potential for

utilizing the Flint River (10Cm) for the following: the need to soften, more advanced treatment after next round of crypto monltorlna.

As reported In Bridie ~lne (Feb.
Day: Adetailed Fnnt crisas tlmeiJne•

4,

2016):

"Disaster Day by

brldgeml.com/ZOl6/02/f!lnt-water-dlsaster-tlmc!llna/

: 31121161'

available capacity In Fllnt River at ~ar low flow, residuals management

(dlspoal of lime sludge)."

Februa
rv

6 '

2013

1YJT Issues nnal report to Department ofTreasury on comparison between KWA and DWSD, rablng concerns about KWA cost estimates and system rovemance

"CI1y of Flint Water Su 1y Assc!sJment,• red b 1YJT

IIP

prepa Y

www.scrlbd.com/doc/131442949/City-of.flint·Water-SupplyAssessment-Finai-Report.february-6-2013

i
I
3/12/161

March

2013

DWSD contacts Clty of Fllnt to MultlpJe options are provided

be8ln direct
to Flint EFM

neaotlatlonJ Kurtz

on

contnsct

extension.

Deparbnent ofTreasury timeline (dated Sep. 28, 201S),Induded In somcsprod2aovmOOl.uSBO\'doudapp.net/files/snydd20emalls.p

Gov. Snvder's a-malls released Jan. 20, 2016 (pp. 93-94/274)

df

3/12/161

Fllnt City Coundl Bpproves resolution to buy water fromKWA-and contract with

March

2S •

2013

KWA to build I plp111lne from Lake Huron to Genaee County. COW1dl \'Ote$7·1 to
leave owso and go to KWA for water supply, Council's voto Is not blnd!na; final

decision to switch from DWSD to KWA Is Treasurer Dillon's

•Amended Resolut!on to Purchase capacity from Kuregnondl Water Authorlty" Included in Gov. Snyder's e-malls released Jen. 20, 2016 (pp. 142·3/274)

somcsprod2govmD01.usgovcloudapp.net/flles/snyd~lls.p df

3/12/161
I

March 26, 2013 GCletyn_eCsoe~e!lC!JoCu)!n!tyJ)D))rraomvlnCsczimremsoblusitoionncrtJoefJforienyKWWrA18ht Issues statement praising Fllnt Press release posted online

f-- --- l& ~

Ma~h

•

2013

Busch/MDEQ a-malls MDEQ Di~tor Wyunt with Shekter Smhh and other MDEQ___ASreported In-Bridge Meaazlne (feb.
staff copled, warning about Fllnt River water quallty and mlcroblai/DBP risks ___ ___ Day: Adetailed Flint crisis tlmellne"

4,

2016):

"Disaster

Day

by

medla.wlx.coniluld/60c74e_474a2f7e6f0902948bi9327284c79& 01.
brldgeml.com/2016/02/fllnt-Wllter-dlsaster-tlmeUna/

3/12/1&! I
3/12/l&l !

S'(iO/MDEQ e:milils-Eluich re: Flint River Miter source switch. •As you mlaht suess

March 27,2013 we are In a situation with Emersency FIRBnclal Managers so It's entirely possible that they will be maklns decisions relative to cost.•

As reported In Bridge Mli&SZina (Feb. 4, 2016): •Dlsaster Dav by
oav: Adetailed Flint crisis tlmellne•

brldgeml.com/2016/02/ftlnt-water·dlsaster-tlmaUne/

3/12/16!!I

Ma

h rc

28 '

2013

Treasurer '~In kWA

Dillon

a-me

lis

Gov.

Snyder

recommendlng

support

for

Fllnrs

decblon

to

As reported In Brld&c Maiazlne (Feb. 4, 2016): "DisBster DBy by oay: A detalled Fnnt crisis timellne"

bridgeml.com/2016/02/fllnt-water-dbaster•tlmeDne/

3/12/161 •

Ma rch

28,

20...,..,

StateofMichllan1snewEMiaw,PubDcAct436,takeseffect;Kurtzremalnslnprace Fll t EM

MUve (March27, 201t3h): "EdhKJ urtz emeflency rnanqer roug une

e3x0paescnteedwtao..._.r.etme 1aaiwn

tFaliknets's

effiectw.aw·wt .MtaUv, e.,.comf. h/tnmewl s/fll.nt/indexm/2013/03/ed_kurt:7_expec:te

92oa ~-
~

--

;

;

rc:h

2

I

as n

Thursday, March 28" (Adams)

.._ o_s y_..e_ •

·atijof Flint enacts resolution signed by EM Kurtz. City Attorney and Finance Director "BV the Emergeney Manaaer: Resolution to Pui'Chl!se Capacity - - Atblchment 5 • MDEQ documentation provided to FWATFNov. 6,

to purchase Ciii!JIICity from rmA

from Karc:gnondl Water Authority"

2015

31121161i;-
I ,

i i

March 29, 2013 Flint EM Kurtz requests state Bpproval of flint pUrchasing C8PBclty from KWA

i

Letter from EM kurtz to Treasury referenced In letter of approval from Treasurer Dillon, Included In Gov. Sflyder's e-mail$ released

~~mcsprod2govmoo1.Uslovdoudapp.net/flles/snyde"'20emalls.p

Jan. 20, 2016 (p. 140/274)

April 1, 2013 DWSD Issues statement that Flint's water SUJIPIV plan will not save money

Detroit Free Press (February 2016): "How Flint's Water Crisis Unfolded" (Dixon)

www.freep.com/pages/lnteractlves/ffint-water-crlsls-tlmellna/

3/12/1&1
I

~··..- ..-. '-~·n- -· ,..,~~-- '" •--- ·-·-· -·~- -:-" .,........... "~e·•.....

Letter of eppravar from Treasurer Dlnon lnduded ln Gov. Snyder's somcsprod2govm001.ussovcloudapp.net/fllos/snyd~20emlllls.p

e-malls released Jan. 20, 2016 (p. 140/274)

df

DWSD (McCormick) letter to Fllnt EM Kurtz end rmA.

reuon.comfas.sefS/db)14537SSS551018.pdf

3/12/161 ! ~

Aprll15, 2013 DWSD provides a bi!St: and final offer to the City of Flint, representing 20" savings ThlnkProgress (Jan. 25, 2016}: •Leaked Documer~ts Undermine thinkprogress.ors/health/2016/01/25/3742625/documents·

3/12/16!

,

compared to rmA proposal

Official Stary Of Flint Water crtsts• (Jsra

mlchlgan-cantndlct·fllnt-nBrratlve-sn der/

i

A rillS

Analyses by Flint EM JCurtz, MDEQ and Treasury's Office of Ascal ResponslbiUty

P ' 2013 Independently conclude that the XWA__()J:Itlon Is cheaper for the Oty af Flint

Department ofTreasury timeDne (dated Sap. 28, 2015 , lndu ed In somcsprod2iovm001.ussovcloudapp.n files snyder%ZOemalls.p

Gov. Snyder's e-mails releBSed Jan. 20, 2016 (pp. 93·94/2741

df

! 3112116:

A11rl116• 2013

GCDC Commissioner Wright and Flint EM Kurtz Issue joint statement re: why KWA Is JlreferBble to DWSD's final offer

Press release sted to GCDC website po

www.acdcwws.com/lrnaies/contentlmages/flle/PressK20Reloase .Offlc:lai.FinaiKZOOeciSion"zoon"20KWA.Pcl1

3112116! 1

April

16•

2013

FOnt EM Kurtz s11111 asreement with KWA and Informs State 'treisurerDIUon the Oty will join KWA (decision affldally Bnnouncecl May 1, 2013)

that

Department of Treasury tlmellne (dated Sep. 28, 2015), lndiided lri somcsprod28ovmoo1~u$aovclouilapp.net/flles/snyder%20emalls.p

Gov. Snyder's e-malls released Jan. 20, 2016 (pp. 93·94/274)

df

3/12/16!
i

Aprlll7'

2013

DWSD trBnsmlts letter to Flint EM Xurtz Oty of Fllnt effedlva April17, 2014

termlnatl"i service

to tile

Press Release: DWSD Director Makes Statement on Rlnt's Decision. pi"'Mded by MDEQ. Detroit Free Press (Dct.ll, 2015): •Chemical testing could have
predicted Flint's water crtm- (Wnly, Erb).

Attachment 6 • MDEQ documentation provided to FWATF Nov. 6,
2015.
www.freep.com/stJJrv/news/locaVmlchlgan/2015/10/10/mlssed· opportunltles.fllnt-water-crisb/736884'JJJ/

l
i
i
3/12/16!

The Detroit News (Jan. 6, 2016): •ex..ootrolt official relgnltes Flint
water swltdl tiff" (Lync:h)

WWN.detroltnews.com/stoty/nfiWs/mlchlpn/mnt-water· crlsls/2016/01/26/ex-detrolt-oft'lclaJ.reJanltes-rllnt-Wllb!r-swltch·

!
!

tlff/79379nD/

I

....- ........................ ·•••···•• ············-- ---~·-·-··-----········ --------~-·--··----·····----------·-- ..·····--···-···.... ·--·--······--·-..-········------·-· -····· •••..••.••.•.•• ---·· ···-··.- ······-··--·----·····-· •••••.•.•.••.•• J

flllltWiltf CIISKTimeUfte

fllniWitlt ~Task'--

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.202 Page 202 of 229

·......· ...--··:·· :l oat'r;::--· . ··-··· ......· .......·.... --·- --- -·- -·-··- ·-·- -- -,..... -·-·:-e¥8-~i-·--

:~:~ :::::;:~::,:·:::-~;::~:r:~:~:~~'"~;~~-,~·::=~;~;,·:;·:::.~·::-~:~i~~~f~-~~:~?.~;m:~~r::~r,·~ ;~~~;-~~:.:;;:;':v; ;;·i;~:::::~~;:·~:;.~:~.-:~ ;.::,::~·~·:.~:::·:-r~~a.~~~~5:i:~::;;~:'::·-~~r~r:~,;:.·::;~-;~-~·:;·A"t~~¥~"d

May 1, 2013 GCDC announces rejection of DWSD's final offer and partnership w1th KWA

Annountement end attachments from Kevin Sylvemr, GCDC Communltatlons Director, posted to GCDC website

wOwDweoc~lCsc~~nc.wowss..ocuoam.{lpmdafge.s/contentlmases/fllc/FinaiK20KWA"Z

May 29,2013 Kurtz sends Gov. Snyder restanatlon letter lndlcatiRJ July 3, 2013 will be h1s last day ~=:_;.:;.:~~::,~::manager Ed Kurtz submits www.MUve.com/news/fllnt/lndex.ssf/2013/05/fllnt_4.html

3/lZ/16i! 3!12/16!

June 1, 2013 'fJHA begins construction on plpellno project

June

2013

CltyoHllnt timan no

dcddes

to use the

Flint

Rlver

as

a

water

source,

per Gov.

Snyder

Detroit Free Press (February 2016): •How Flint's Water Crisis Unfolded• (Dixon Gov. Snyder's Flint Watertlrilelliui (relemed Jan. 2016); no other documentation located

www.fteep.com/pages/lnteractlves/fllnt-water-alsls·tlmeUne/
ml.sov/documonts/snydcr/FIIntWater'flmellne_FINAUU424_7.
£df

Resolution posted Detroit Frll8 Press

annne. (February

2016):

"How

FRnt's

wa~r

Ctlsts

mRcens!ollaudti.opnu:br~ebroadcutlna.net/p/mlchlp n/flles/201SU/water..P

Flint EM Kurtz signs resolution that allows Flint to 1\lre Ule eflilneerlni firm June 26, 2013 Lodtwood, Andrews, and Newnam (IAN) to prepare Rlnt WTP for full-time

Unfolded• (Dixon).

lan_resalutlon.pdfl..sa"'L U94US580.1036207ll4.1446746452

Referenced In MUve (Oc:L 26, 2015): •Ex-ernl!fBtlncv manager says ~.freep.com/pases/lntaactlves/fllnt-wator-crlsls-tlmllllne/

operation using Flint River as primary drlnldlll weter supply soun:e

local leaders made decision to use Flint Rivar water" (Fonger) and www.MUve.com/news/fllnt/lndex.ssf/2015/10/ex•

in Detroit Freo Press (Nov. 22. 2015): "Flint water mystery: How emorsency_manager_says.)oal.html

was decision mader (Egan)

www.rreep.com/Jtorv/news/poi!Ucs/201S/11/2.l/snyders-mp.

alde-talked.fllnt-water-supply.altematlves/76037130/

J une

2013

Rlnt notifies MDEQ of Intent mntRiverfordrlnkll'urwater

to

operate

Flint

water

Treatment

Plant

fun

time

ustng

--Fn- ~Wfi,
n

F: "

IDtv M --tl AI - d;
ee l1i en

---

-Attachment 7 • MDEQdocumentation provided to FWATF Nov. 6, 2015

3/12/161 I
3/12/16!;
I
;
I
3/12/16!
t

June 26, 201S Michael Brown b qaln appointed by Gov. Snyder as Fant EM

J une

26• 2013

Groundbreaklng for KWA time use or the Flint WTP

begins. CitY of FnntalsO requests with Fnnt River water as source

DEll

apj:lrOVBI

for

fuY.

June 28, 2013 'fJHA hosts Pipeline Groundbreaklng Ceremony

June

28 '

2013

FinanCing Contract between City 2013 (document Is signed by EM

of Flint-and WIA Michael Brown)

Is

approved,

errectlve Augwt 1,

City of Flint, Genesee County, MOI:Q and LAN representatives meet at Flint WTP Ul

June

29'

2013

discuss feasibility of uslna Flint River as a temporary water supply source while waiting for KWA to come online. Flint DPW and Finance Department recommend

using tho Flint River os e tomDDI'IIIV water soun:e.

30 2013 Fiint EM Kurtz submits "City of FUnt FlnanclaJ & Operauna Plan, Third Update• (and June • EM Kurtz's dosing mem01andum) to MITreasury Dept.

MOVe (June 30, 2015): •He's bade: Atlmellne of Mlchad Brown's

moves as Flint's emerBenev manager" (Adams)
Department ofTreasllrytlmelln~ (dated Sept. 28, 2015), Included
In Gov. Snyder's e-malls released hn. 20, 2016 fpp. 93-94/274)

Brochure: "tr:WA PlpeDne Groundbreaklns Ceremony· Dawn of a

New &a•
Departmentonreasur-Y-tlmen-ne(clited sept. 28, 2015), lnduded

In Gov. Snyder's e-mails released Jan. 20, 2016 (pp. 93-94/274)

•aty of FOnt Water System Questions and Answers," dated

January 13, 2015.

Detroit Free Press (February 2016): •How Flint's Water Crisis

Unfolded• (Dixon

"CltV

or

Flint

Financial

&

Open~tlns

Plan

·Third

• Update

pasted

to

Oty of Flint website

www.MUve.convnews/mnt/lndex.ssf/2013/06/hes_badt_a_timd lne_of_mlchael.html somcsprod2govm001.usgovcloudapp.net/flles/snydedQOemalls.p df Attachment 8 • MOEQ documentation provided to FWATF Nov. 6, 2015 somcsprOdiiovm001.uslovdoudapp.net/flles/snyder'Qoemalls.p df
www.cltvoflllnt.comfwp-content/uploads/Cof.Water-SystemQA.pdf www.freep.com/pases/lnteractlves/filnt-wator-crlsls-tlmulinu/
wcFolwnnwtaen.cncltlty/aouMfp2fblola&nd%t.s2c/oDRmOee/p,woeprr-tast/lant~vO"PZi0a~n2"0ZF0I0I6n2t891£32.0pUdpfdate"Z03"20

Ju ly

2013

City of Flint basins testl"i Fnnt River water treatment at Flint WTP ''to see Ifthe river could adequately 1upply drlnldna water cfurln1 KWA pipeline construction•

MUvo (July za, 2015): •flint River now an option for drinking water www.MUve.com/news/filnt/lndex.ssf/2013/07/cltyJeadylng_wat

following Detroit's termination of contract" (Adams)

er_plent_to_t.html

luiV8'

2013

Oty of FOnt retains Lockwood Andrews & Newnam (LAN) engineering the City's WTP up and running while kWA pipeline Is built

firm

to

gat

Department of Treasury tlmelna (dated Sept. 28, 2015), Included somcsprodlsovm001.ussovcloudapp.net/filesfsnyder%20emails.p In Gov. Snyder's a-malls released Jan. 20, 2016 (pp. 93-94/274) df

Rowe Professional Services Company completes an enalneerln& proposal for

From October 2014 MDEQ briefing to the Snyder Administration •

Ausust 2013 Improvements to the Flint WTP that would allow continuous operation ofthe WTP as reported In Bridge Magazine (Feb. 4, 2016): ~Disaster Day by brldseml.com/2016/02/fllnt·water·dlsaster·tlmellne/

lltlliEing the Flint River In lieu of continuing service from OWSD

Day: Adetailed Flint crisis tlmellne"

So tern bor 2013 Michael Brown reslans IIJ Flint EM, effective October 31, 201!1, and Darnell Earley Is MUve (Sept. 11, 2013): "New FDnt emet~ency manaaer DameU www.MUve.com/news/Rint/index.SSf/20i3709/mlchael_brown_r

p

appointed as replacement

Earley to take over after Michael Brown resigns" (Adams)

eslgns 111 flmt.html

3/12/161
3/12/16!
3/12/l&j
I
i 3/12/l&i
i
3/12/161 i
!
3/12/l&i
I
I
3/12/16!
i
I !
3/U/161 :
31U/1&!!

1 October 3, 2013 City of FUnt publishes enalneerlnl costs for FOnt WTP uparade

3 oCnittytho~ftAabl~nlttWy taoteurpTglrmadeellnthe:e"FCliitnyt

receives engineered estimates Water Plant abns with costs

wcownwt~fnli:utpnleol!dhab/o2r0h1oSo/d0su/nClOtefd-TorrwaM/w·pD-ata.pdf

3/12/16~i

<. : .... . "

. ... . . . :. ·... ··:::. :.... ::.:.:, ..,:. :·;:: :::.- ~~... ;. '..::~)e~s~;im{:a~ ;e,~s~;,,~;;,:;~;JP.~~;\,;:,:::);~~:,;;~;;~;:;:;~;~:;·::': ~.:, ~;:;:;;;;;/;,<;<>ii:.·::·,·<((:i::; ;:;:;~~,;.:.::·:·>>~;:.:<:;-:·;~.;.::.~~~;:::,;;~:(,,.::,):.:,>::.;;,,, :':~\\',:\<,;:(,;:;;;~···":::·-~ !

Februa
rv

19'

2014

KWA Board of Directors adopts Resolution 2014-01, water line construction on bahelf of City of Fllnt

author! :tins

'fJHA

to

bond

far

Department ofTreasury tlmellne (dated Sep. 28, 2015), Included In somcsprod2sovm001.usgovdoudapp.net/Ries/snyder%20emalls.p

Gov. Snyder's e-m ails released Jan. 20, 2016 (pp. 93-94/274)

df

1
3112116i

! February 27, 2014 MDEQapprovas KWA permit for Lake Huron Pump Station
'

MDEQPermlt 142004

medla.wbc.com/uad/60e74e.:_a61:1C474ldiJd94ml.93-320TBdcba332-~ -~

9a. df

1, ... 1/161

J
•---

Man:h 1,
----- -·-..·---·-

2014 City
... --··-·--··

-o-f-F·l-in-t-e-n-t-e-rs--c·o-n·s·e-n-t -a-g-re-e-m--e-n-t-w-i-t-h-M--D-E-Q--re-:-F-l-i-n-t-W....T..P...'s-.l.l.m-·e-s-l-u-d-g-e--f-a-c-il-it-y--D~~e.p!a.rCt!m.!e'n:t.o.r~T~~r-e~a-s~uJr!vst_i~m~_esn~n-e~ !!d~a!t~e.d.!SJLe!pQt!.~2- 8'P, :2.0M1J5~),~I~ntcl-u-d-ed--..s~o-m--c-s-p-ro-d-2-f-lo-v-m·-D··D·1-.-u-sa-o-v-c-m-·u-d-a-p-p-.n-e-·f-l-le-s-/-sn-y--d-eli-U--O-e-m--a-ll-s-.p---~!~!!~-~}i

Flin1 WltiH'CIIm Tlmdn•

Rlnt WaterAdvbofyTIG f«u

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.203 Page 203 of 229

~

•(I

·

Rlnt EM Earley sends letter to Sue McConnlck/DWSD explalnlna that the Cl~ of

March 7, 2014 Rlnt has "actively pursued uslna the Rtnt River as a temporary water source Instead of occeptlnli DWSD's offer to provide water to the Citv

Busdl/MDEQ e-malls Shekter Sinlfh-and Benzle/MDEQ re: uncertainty on startup

requirements for Flint WTP. •... Iwould like to make sure everyone is on the same

Attached 115 Ex. 10 to ACLU Mkhlgan's November 16, 20151etter announdng federal lawsuit

www.aclumlch.ora/a rtlde/flint-resldents-sue-clty•state-over-leaddrinking-water

March

26 '

2014

PB8e on... whet Rlnt will be required to do In order to start uslna their plant time... startlna up for continuous operation will carry significant clulnges In

full

reaulatory requirements so there Is a very aray area as to what we consider for

startup.•
ror A 119 2014 MDEQwues FllntWTP construction permits full time operetlon enhancements pr ' Wl410ZS end W141026

As reported in Bridge Magazine (Feb. 4, 20161: •oJsaster Day by Day: Adetailed Fllnt crisis tlmellne•

MD£Q" stru-• p Its W1410ZS d W141026

..on ....on erm

en

brld1eml.com/2016102/nint-water-dlsamr-tlmellne/ A1tachment 9. MDEQ documentation provided to FWATF Nov. 6, 2015

Flint laboratory and water quality supervisor Michael Gla!iOW e-malb Adam

Rosenthai/MDEQ requeJtln; Information. ••tam expec:tlna changes to our Water

Aprill6'

2014

QuaOty Monltortna parameters, and possibly our DBP on
plan- ArrV Information would be appreciated, because It

lead & copper monltorlng looks as If we will be

As reported In Bridge Mapzlne (Feb. 4, 2016): •om1ster Day by
Day: Adetailed Flint crisis tlmellne"

brtdaeml.com/20161021mnt-water-dlsaster·tlmellne/

starting the plant up mmorrvw 1nd are being pushed to start distributing water as

~u~~

! --..

Glasgow/flint e-mallsRosenthal, Prysby and Busdi/MDEQ. •lf water Is distributed

---- - - ---

Aprll17,

2014

from this plant In the next cauple of weeks, tt will be aplnst my direction. Ineed
time to adequately train additional staff and to update our monitoring plans before
will feel we are ready. I will reiterate this to manaaement ebave me, but they seem

I

Datrolt Free was rusluMI i

nPtroes0.sP(eFrebartulaon1~3~n2'051P6)I:ng•el-em~' aSlhlsa:mFulisn)t

water

!ant P

www.rreep.camfstory/news!local/mlchlgan/mnt-waterocprlesnls~/t2l0o1n6//80023/01022/e2-0m/ aUs-fbnt-water-plant-rushed-lnto-

to have their own GRenda.•

Waterservlcefrom DWSDomdalfyendi.-C!tVoffllntalsoconductstwoseparate

----- -- -- - -

·

·

Aprll17, 2014 public forums repn:lln; the use of Flint River water, uplflldes to City's water system Department ofTreasurytlmcllne (dated Sep. 28, 2015), Included In sgmcsprodZ&ovm001.usgovcloudapp.neVfilos/snydd20emalls.p

and overall cost of switch mKWA

Gov. Snyder's a-malls released Jan. 20, 2016 (pp. 93-94/2741

df

Aprll21, 2014 MDEQ approves KWA permit for lntermedllte Pump Station

MDEQ Permit 142023

media.wix.com/usd/60e74e_7126cbc7d5cb453f9411)54~370298
d9.pdf

!
3112116!
-
!
i
!i S/12116!
I 1
I
I
i
3112116jj i
~ ;
!
3/U/16i
!
:
! 1
3/12/16!
l 3/12/16,

Busc:h/MDEQ e-mells Bred WurfeVMDEQ re: proposed talking points for the water

switch ceremony to be held In two days. suaests: "While th& DepartmentIs

April

23'

2014

satisfied with tho Clty's.ab!Uty mtr~t water from the Flint River, the Department
looka forward to the long term solution of continued operation ofthe City of Flint

Water Treatment Plant using water from the KWA as a more consistent and higher

quality source water."

As reported In Bridge Magazine (Feb. 4, 2016): •o1saster Dey by Oar. Adetailed Flint crisis tlmellne•

brldieml.com/2016/02/fllnt-water-dlsaster-tlmeline/

I
I
I 3/12/16!
I

Daugherty Johruon, Flint Utilities Admlnlstnltor, e-malls Flint colleaaue HOWDrd Aprll24, 2014 croft and Prysby and Busdl/MDEQ requestlns concurrence that there b no
regulatory requirement for Flint to stan up a back-up aareement wlth DWSD

As reported In Brld;e Mapzlne (Feb. 4, 2016): "Disaster Day by Day: Adetailed Flint aisls tlmellne"

brldgeml.com/2016/02/ftlnt-water·dlsaster·tlmellne/

3/12/16!

MDEQ e;nlalfdlited Aprii2B, 2014 descrlblna Flint WTP startup Attachment 10 • MDEQ documentation provided to FWATF Nov.

Oty of Rlnt officially switches Its water source to the Flint River, using Flint WTP for ceremony on April 25.

6, 2015.

A ril P

25 '

2014

treatment, end hosts "chanseover ceremony,• public event marking the transltlon to use of Flint River water. MDEQ Information shows that trensltlon complete by

MUve (Aprll25, 2014): •Closing the valve on history: Flint cuts water flow from Detroit after nearly SO years" (AdamsI.

www.MUve.com/n&WJ/fllnt/lndex.ssf/2014/04/closlnLthe_valve _on_tllstoryJ.html

3112116:j

M11y 2015

Cty of Flint press release lnduded In Snydar e-malls released Jan. somcsprod2aovmOD1.usaovdouclapp.net/fllu/snyder%20emalls.p

20, 2016 (p. 15)

df

l 1

AP,1129'

2014

FUnt EM the Flint

Earley notlfiu Detroit EM that Flint has switched River. GCDC remains as o non-contract customer

water supply of DWSD

sources

to

1nfiorma

tl on

vlded pro

to

Flint

Wet er

Advlso rv

Task

Force

I !

MaY4'

2014

Oty Council President Scott Kincaid and two other Flint water rates In federal court _ _ _ _

Flint

residents

file

suit

re:

City

of

MUve (May 13, 2014): "Kincaid, FOnt residents take water rate lawsuit to federal court• (Fongerl

www.MUve.comJnaWS/fllnt/lndax.sSi/2014/0S/klncald_fllnt_resld ents_t!lke_w.html

311211611

JennltiiCrooki/EPA e-mallll collviiiics Mindy Eisenberg, Thomas Poy 11nd llnkil

Hyde/EPA re: concerns a bout Fnnt drinking water expressed bv resident Lathan

!

Ma V

15•

2014

Jeffer.1on. "Flint River pl11 n produclna water

quality Is not great. but there Is that Is currently meeting SDWA

a surface water standards". hiS

treatment doctor says

N reported. In Brldae Maaazine (Feb. 4, 2016): •otsaste~r Day by Day: Adatesled Flint crisis tlmellne•

brld8eml.com/201&/02/fllnt·water-dlsuster-tlmeDnef

3112116j
1

!

the rash Is from the new drinking water... He has no Interest In speaking with Mike

1

!.........-----··-····---·---!!:Y.!~l!..~!.~-~!!~.~.~!t..!~~!!!.!!'.~~.~~~~!'!~'.l.!-~.........•.........- ... ···"··--··~-~~~------ ------~~----·····~---~---~·--····~--------·--------------------------·---------------------------------------------..1

fllntW•tlf Ctkb Thellne

Fl!nt W1m Advlsii!YTal force

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.204 Page 204 of 229

..oaie· ··· ······:···· ··-··:··- ·····-·..... ····· -···· ··: ·::··:··: ·:· ·. .;·.:·:·::·: . :.r :·::·,. . ev_e~i···

::~·······::·,~·-·::'~ ·:·~:·:·:·····,·; :·:;:.-:·::;::··::~:::::::·-:::..-~ '~

r·:·:::r_·::· ii~i~~li~~p~t~m'i~~

~!:··:::: ·;.;·;:;;.;~::~;:.;_;-:;:.~ :: .'.

:c·;:: ~- ~·:_ i~~~.r~~· :::·:~··::· :·:~;:;::::·:;-:;;-·:;:,:;~y:::~~A~c~~~Ci:f

June

2014

Resident complaints lntenslff re: water llme to address hardness concerns

quality;

Flint

WTP

operators

boost

use

of

Mllve !June 12, 2014): "City adding more nme to Flint River water www.MUve.com/news/fllnt/lndex.ssf/2014/06/treetedJllnLrlver

as resident complaints pour tn• (Fonger)

water-meet.html

31121161I

June

17•

2014

Adam Rosenthai/MDEQ monltorl Is necessa

e-mails Mike at Flint WTP,

Glasgow/Rint since no ortho

confirming no orthophosphate hos hate Is bel added

MUve IFeb.17, 2016): •flint water crtsiJ unfolds In key officii Is' emalls through the ears•

www.MUve.com/news/fllnt/lndex.ssf/2016/02/see_fllnt_water_c rbls_unfold.htmllt4

31121161 i

July 1, 2014 Flint begins first 6-month monitoring period for lead and copper In drlnklns water

Gov. Snyder's Flint Water tlmellne (released Jan. 2016)
Detroit Free Press (Oct. 11, 2015): ~chemical testlni could have prevented Flint'I WBler crlsb"

ml.;ov Ciocuments snyder/FIIntWaternmellne_FINAt,_SU424_7. pdf www.freap.com/storv/news/local/mlchtaon/20l5/10/10/mlssed· 0 ortunltlu·fllnt-water-crlsl 688428/

I
3/12/161

July 16, 2014 MDEQ approves KWA permit for plpehne

MDEQPermlt 142044

medla.wtx.com/ua 60e74e_cc139234530f4fca8 bfb8768ef25d4
a.pdf

3/12/161
l

July 29, 2014 MDEQapproves KWA permit for U·mlle tnmsmlsslon main

MDEQPermlt 142049

medla.WIX.com/uad/60e74e_dlb6elBSaadc4cb4adbaf737e9421a 96.pdf

3/12/161

City of Flint Issues boll woter advisory due to!Ekdilbacterla violation (Localized August 15, 2014 System Boll Water Advisory); City increases flushlna ofwater mains and boosts
chlorine disinfectant use. Advisory hfted Aua. 20, 2014

E-mail correspondence and pubnc notifications from MDEQ

Attachment 11· MDEQ documentation provided to FWATF Nov. 6,2015

I

MDEQ e-mail dated September 25, 2014; expansion referenced In Attachments 12 & 13- MDEQ documentation provided to FWATF Second bell water advisory Is Issued due to coliform bacteria detected In drlnklns MUVe (Sc!p. 7, 2014): "Flint expands boll water advisory area after Nov. 6, 2015.

i

SeptemberS, 2014 water (expanded on Sept. 7, 2015); City boosts chlorine use again. AdvlsOJY lifted Sep.9,2014

Sep1amber

10• 2014

MDEQ requests preemptive Operational total trlhalomethanes mtfMs)

Evaluation

for

Disinfection

Byproducts

•

more positive tests for total coliform bacterta• (FGnaer) Detroit Free Prcs.s (February 2016): "How Flint's Water Crbb unfolded• (Dixon) MDEQMemo: ~Compliance Communication- TTHM Operational Evaluation Requested•

www.MUva.com/n&WS/fllnt/lndeusf/2014/09/ffint_expands_boll _water.htm! WHW.freep.comjpaaesflnteractlves{f!lnt·water-crlsls-tlmellne/ Attachment 12- MDEQ documentation provid11d to FWATF Nov. 6,2015

3/12/161
: f

October

2014

Genesee County Health Department Initially expresses concem Increased Incidence of Leglonellosb and pOssible conneetlon to

to Flint Water water supp'Y

re:

Mllve {lan.16, 2016): •Public never told, but lnvestl1a~En suspected Flint River tie to l.c!t!lonnulres' In 2014• (Fonger)

www.MUve.com/news/flint;llndex.ssf/2016/01/documents_show qencles knew o.html

Snyder requests and receives 11 brleflna PIIPflf from MDEQ re: Fnnt water Issues. The October 1, 2014 paper blames Sc!p. 2014 boll water edvborles on varletyoffacton, mostly oatn1 cast Governor's Office Briefing Paper- City of mnt Drinking Water
Iron I as. No mention of lead Issues

Attachment 13 • MDEQ documentation provided to FWATF Nov. 6,2015

GM announces It ll swltchlna from City or FDnt water system to FlintTownship Lake

October

13,

2014

Huron) water for Its Rlnt Engine Operations facility complete, cltlna corroskHI concerns. Prysby/MDEQ

until KWA connection Is note:s Flint water chlortde

levels

MUve (Oct. 13, 2014): "General Motors shuttlna off Flint River water at enatne plant over corrosion worries" (Fqer)

www.MUve.com/news/ffint/lndex.ssf/2014/10/generaLmotors_ wont_use_fllnt.html

are "easily within" pubfic health suldalines. Annual revenue loss of$400,000

Prysby/M DEQ e-malls Busch, Shekter Smith and others at MDEQ re: Inquiry from

October 13, 2014 Ron Fonaer/MUva concerning GM's switch to Lake Huron water. Notes Rlnt wat:l!r has elevated chlorides but "although not optimal." It Is "satisfactory.•

E-mail from Mike Prysby/MDEQ dated October 13, 2014 discussIna Atlllchmcnt 14 - MDEQ documentation provided to FWATF Nov.

lnterv'lewwlth Fonaer

6, 2015

I
3/12/16!
!
t

Valerie Brader, State Deputy Legal Counsel and Sr. Polley Advisor, sends e-mail ttl

Governor's Chief ofStaff Dennis Muchmore end other top aides araulna for a return

October

14•

2014

to DWSD because of water quanty problems. Michael Legal Counse~ responds aareelna with IInder. IInder

Gadola, then Gov. Snyder's and Rll:h Baird, senior aide ttl

Detroit Free Press (Feb. 26, 2016): "Top Snyder aides ursed going back to Detroit water- IDolan. Eaan}

www.freep.com/story/news/local/mlchlgan/fllnt-watercrlsls/2016/02/26/ffint-water-crlsls-snyder-detrolt/80926138/

Gov. Snyder, d'IKUSS the Idea with EM Eerfey, who maintains WBter quality problems

can be solved and It would be cost"9rohlbltJve to return to DWSD
Genesee Co. Health Department (GCHD) reprosentetlves hold conference caD wtth
October 17 2014 Gla-.-.ow and W...W....t/fllnt DPW re: cou._......5 concerns 11bout •~-.lon11IIosIs outbreak • and possible connection to city's water system. DPW •adcnowledaes that the distribution m has areas of concern"

eMmUavlles(tFherobu. B17h,t2h0e1y6e):a"rFs•li·nptrwovatiedrecsrsiscirseuennfoclacpbtuInrekeoyf eo-fmfiacUials' descrlblna conference call

www.MUve.com/newslffint/lndex.ssf'/2016/02/see_filnt_water_c 'I
rtsls_unfold.html#4

I I
3/12/16! I
I

Swan Bohm/MDHHS e-rnelis GCHD officials re: Shekter Smith's concern that Flint Detroll: Free Press Fe ruary 9, 2016): Flint e-malls: CDC voiced www.freep.cornlstory/news/locaVmlchJ&a int·wat81-

0tlober 21, 2014 water would be pubDdV linked to le&lonellosls outbreak In FOnt. "I told her the Ftlnt concerns t:Ner Lt!ilonnalres' actions" (Dolan, Anderson, Egan, crlsls/2016/02/09/ffint-e-malls-stmKity-appeer-unable-share-

water was at this pOint Just a hypothesis•

Novemb1111 2014 LAN Issues Oparatlonal Evaluotlon Report to Oty of Fllnt. assesslni factors ' contrlbutlna to TTHM levels In Flint drlnldna water

i =~·= N-1, 2014

hydnntnu.hl"'to ,..,..,"'" ,......, •m• ofwa""ln""

Wisely)

lnfo/80028820/

•operatlona IEvaluation Report, Oty of Fnnt, Trlhalometha ne

Formation Concern,• Nov. 2014, prepared by lAN, posted to City www.cltyoffllnt.com/wp-content/uploads/Operatlonai-Ewluation-

of Alnt website. Referenced In EPA's lnte:lm Report dated June 24, Report.pdf

==WatetSVttemllmellno.,..... on Otyoffllntwe""'• www-nt.com/p..,___..,.ell,u•/

i
1
3112116
1
1/31/lGI

l-~~~.~-~-~-~-~:~~-~~~::~:::~.~~.~:~~::'~~-~=:.:::~-:~~:.~~:=-~=::=-~- Fan~~~~~~:~~~~~~~~~~-~~-~~~~-:~~~-------~~~~~~~~~~!~~~~~~~~~~~~~·timalin~~------- 1/3~~~

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.205 Page 205 of 229

~

·u

··.. oaie ·· ......... ...:............ ................... ·.............. "·:· .... E'v'~rii~:·:·::::·~·,-·· :; .

November 26, 2014 tAN Issues report on cost of reconnectlon to DWSD

3/12/16, 3/12/16!

3/12/161

~--- · --·- - - Flisf&:morrth round Oflead and copper monitoring (per MDEQ'slnterpretutlon of MDEQ Letter: City of Fnnt • Lead and Copper Monitoring of l December 31. 2014 LCA) ends. Results due from City or FDnt to MDEQon JantRiry 10. 2015. 100Rmples Drinking Water Taps, dated March 30, 2015; MDE'Q e-mail dated

Attachment 6 2015

16

_ MDEQ

documentation

rovlded p

to

FWATF

Nov.

I !

I.·

. ·.= WI~~.~·~so!h p~~n~~:-~e~~.~7~~/:~~~i.j~~:7~{r:-;~~::~~~~.:~/~)~\T:::, ·~~~K:~;}~f:~.:·.~~!$.:,> :>:;:~;:(:·::.;:?:.:).:.:;.·~:~;: .:.::.·,\,:.... ···,..::.~:) :;: ;~. ·:··~.::<·:· :'· .,., ·, :, .:>:::~:....yi;,.i:':x~;:~"<··<<·.:·:{;.~·:;::·.~;;:=~'::.::::,:.=:=· ·.··1

1

Officials from Genesee County hospitals, MDHHS, MDEQ, GCHD meet re:

l

January 2015 Leglonellosis outbreak In Flint. MDHHS Director Nlck Lyon directs GCHD to conduct Information provided by Flint Water Ad\llsory Task Force

I !

i

and complete Its evaluation ofcauses of the Increased cases

1

! i

J anuary

1 ,

2015

City of drlnkln

Flint bqlns water

second

&·month

monitoring

period

for

lead

and

copper

in

G ov.

5nvder's

AI t n

W t a

er

tl me11ne

(re1eased

J an.

20161

ml.gov/documents/snyder/FIIntWaterllmebne_FINAL_S11424_7. df

3112116

1
:

Januery

2 ,

2015

wCiatyteorfsFyslitnetmIsseuxecseperdessms raexla.emasuemacnodnm•..-.amllsm. naontlicleevteo1w(MaCtel.rJ ontMs), which are disinfection byproducts

cc.ousrttoam...._,e1r.tsrls'I-ItG-altoinrngetthheanCeisty

Department ofTreasury tlmellne (dated Sep. 28, Gov. Snyder's e-malls released Jan. 20' 2016 (pp.

2015), Included 93-941274)

In

somcsprod2govrn001.UJgovcloudapp.net/ftles/snyder~Oemalls.p df

Mk:hlsan Department ofTechnoloay, Manaaement and Budaet announces January 7, 2015 Installation ofwater coolers In Flint's State Office Bulldlng. "The coolers... will be
provided as long as the pubDc water does not meet treatment requirements."

Detroit In Flint

Free Press (January ot dean Wllter" (E

2an9i 2016): "Amid

denials '

state workers

www.freep.com/story/neWS/Iocal/m!Chlgail/ffiiit~..Wtercrlsls/2016/01/28/amld-denlals-statt!-workers--filnt-got-clean-

8

1

water/79470650/

Richard Benzie/MDEQ e-malb colleagues re: dlscus&Jon of Flint water Issues wlth

klnua
ry

7 •

2015

State Representative Sheldon Neely (D-Filnt) and stanlflcant (I think they used the word complete)

others. ".-there appears loss of public confidence

to be a In the

As reported In BrllfKe Magazine (Feb. 4, 2.016): "Disaster Day by Day: Adetailed Flint crisis tlmeline"

bridgeml.comi201S/02/fllnt•water·dlsaster•tlmellne/

drlnklns YJI!It~r quality In Flint"

University of Michigan-Flint alerted city officials thifltfOund eleVI~d lead levels In Detroit Free Press (Feb. 2016): "How FDnt's Water trlsls Unfolded"

January 9, 2015 two locations on campus, prompting the school to shut off some dnnklns fountains (Dixon)

www.freep.com/pages/lnteractlves/fflnt-water-crlsls-tlmetine/

and add water filters to others

January 12, 2015 DWSD offers to reconnect to Flint and waive $4 mUiion connection fee

Gov. Snyder's Flint Water tlmellne (released Jan. 2016) ----.nf.IpOdVf ]documeirtS/m\ider/FI!ntWaterTimeline- FINAL_Sll424- 7.

l 31121161i
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1 1
3112116I!
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3/12/161
3/12/1611

MOEQ. staff (Prysby, Shekter Smith, Benzie, numerous others) communicate vla e-

January

12•

2015

mall ro: decision to provide water coolers discussion re: how this decision wnl affect

at Flint's State Office building. Flint resldentl' perceptions of

Some drinking

As reported In Brldae M~aazlne (Feb. 4, 2016): "Disaster Day by Day: Adetailed Flint crls1s tlmenne"

brlctaeml.com/20l&/02/fllnt-water-dlsaster-tlmellne/

water safety, and llow the decision wm•make It more difficult... for ODWMA starr•

!

Januu ry

13'

2015

Gov. Snyder announces that Jerry Ambrose, who previously and administration director. wlll replac:e Earley as FOnt EM

served

as

Fllnt's

finance

MUve (Jan.13, 2015): "Jerry Ambrose named Fnnt's fourth emersency manaaer 11.!1 Darnell Earley heads to Detroit" (Adams)

www.MUve.com/news/fllnt/lndex.ssf/2015/0lnerrv_ambrose_ta pped_as_next e.html

i
'

Janua ry

13 '

2015

Flint DPW posts water system FAQs re: decision to switch to Flint River as tem

bacteria and lTHM ora water su

Issues

in

Flint

water,

and

"City of Flint Water System Questions and An.swers,• dated January 13, 2015

www.cltyoffllntcomjwp-content/uploads/CoF-Water·System· QA.pdf

1

City of Flint holds public meeting re: disinfection byproducts and bactw; residents Qty of FOnt. Public Forum Agenda

Attachment 17 • MDEQ documentation provided to FWATF Nov.

! 3/12/l&l
!1! I i
3112116!

! 1

Janua ry

21 '

2015

attend, brlngJns containers ofwater from thelrtaps. LeeAnna Welteruhows samples of discolored water token from her teps on Jan. 15 end Jan. 21, 2015,

to

EM

MUve but

(Jan.

Z1 ld,

2n0t1s5):

"Officials sa tlsfled" (FV

Flint water I

Is

8ettln1

better '

6, 2015. www.MUvc.com/news/fllnt/lndex.ssf/2015/01/state_WIIter_offlcl

i

Ambrose

many res 8 unsa

onaer

als teD m.htm!

I
!
!

Sllekter Smlth/MDEQ e-malls colleagues re: Fllnt lfnlter supply. "-.when Flint January 21, 2015 decided to leave Detroit and operate uslna the River, our role wasn't to tell them
our opinion; only what steps would be necessary to make tha swttch•

As reported In Bridge Magazine (Feb. 4, 2016): "Disaster Day by Day: Adetailed FOnt crisis tlmellne•

brl.......em1.com,,.~.,016·1~'02/fll nt •wat er-.....,sas ter-tl menneI

i f

Janua ry

23 '

2015

Wallma says decision to use Flint later disputes this statement)

River

water

was

made

by

former

EM

Earley

[who

MUve (Jan. 23, 2015): "Flint water ptoblems: SWitch elmed to save www.MUve.com/news/fl!nt/lndex.ssf/2015/0l/fllnts_dl!emma_h

$5 mllDon - but at what costa (Fonger)

ow_much_to_spe.html

GCHD environmental health supervisor lames Henry a-maRs coUeagues re: lllabUitv

31121161I
3/12/161
i
3/12/161
~ ,

to obtain infonnaUon from local and state officials needed to tnvestlgate connection Detroit Free Press (Feb. 9, 2016): •Rtnt e-malls: CDC voiced

www.freep.com/storv/news/focal/mlchlpn/flint·water•

j

January 27, 2015 of Flint water system to Lealonetlasls outbr811k. "Initially tha water plant was

!

coap_eratlve, but since the bealnnlng of November they have not responded to

concerns over LeaJonnalres' actions" (Dolan, Andermn. Eaan, Wlsely)

crlsls/2016/02/09/fllnt-e-rnalls-st.ate-city-appcer·unable-sharolnfo/80028820/

3/12/161
l

i·----··-·------..···--....-!P.!!!!!.!?J.!~!!!I!.!!'~-~~~L'!.'l~~:............. -·-····-- ..-------·----..------...-..................----------------·-·-----------··-·····..·--·-··--·----------------------------------..---· -·--..-·-·---··--------------·------------··-...J

FDrlt WIIUr tmb Tlnltllne

FllntWitllf Adlllsatylat FoiW

8

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.206 Page 206 of 229

January 29, 2015 Flint EM Ambrose deeline.s DWSD offer to reconnect Flint to Detroit water supply

Gov. Snyder's Flint Water tlmellne (released Jan. 2016) MUve (Jan. 29, 2015): "Flint emergency manager says there ara

mtsov/documents/snyder/RintWaterllmellne_FINAL_su424- 7•

I
!
3/12/161

two bla reasons not to reconnect Detroit water• (Fonger)

w- ww.MUve.eomJnews/fllntllndex.s5f/ZOlS/01/fllnt_extends.html

I j

Sygo and Shekter SmlthfMDEQ e-mail re: Flint water quality problems. Shekter

January 29, 2015

Smith ldentlflas the problem 11 "pn~mlse plumblnt Issue

u

corrosion across the distribution system rather than

As Da

reported In Bridge Magazine (Feb. •Adetailed Flint crisis tlmenne"

4,

2016):

"Disaster

Day

by

Y:

brldgeml.com/2016/02/fllnt-water-dis:aster·tlmellna/

! 3/12/16j
1

I

January

30,

2015

rBer:a~daWnual'lfeai/,MsDaEyQlnei -smaiadllhseDdalvdenM't wuraranyt,MGDoEvQernDoirreScntoyrdWer'ysadnetp"utotysapyrepuubSli8cclyrettharayt,
the water In Flint lssafe until we setthe results of.some county health department
traceback wark on 42 ases of Lesionnalres cfJHase In Genetae County since last

wDaemtroeitgNa1enwstsc(aFnelbl1. i2w6•a2te0r1s6a):~e",L(eOgioosntlnnagi)res'

fear

led

staffer

to

www.detroltnews.com/story/neWJ/mlchlgan/fllnt·watercrlsi!/Z016/0Z/Z&Iflint-leglonna!res·nfc-water-wyant· snyder/80966744/

!
i
3/19/16!
1

k-~~~·~=mmmmmm~:a:e~~~n8a.m.~e5mommls~pr~e~paer~ed•••~~~r=Gmov•.wsmnymd•earmon~Raln~t•wa~tm•~slmtuas=ti=on~,m,nmc~~·d~ln•g=ln~~asonmmmwm~·~=m•mmmmmr~~~~.m~~ammmme~mmaD~~wmm~~mmmmmmam~mu~ammtms..aama.-~~~..~GGm.a.~~~~~

Februa
ry

1,

2015

residents' complaints about water quality, Mayor Wallln&'s all for assistance, and MDE<l Pbackgrounder" downplaylna health risks. Wurfel: "It's not like an Imminent

Gov. Snyder's e-malls released Jan. 20, 2016 (pp. 54-62/274)

somc:sprod2gOvm001.usgoveloudapp.net/flles{snyder%20emalls.p df

threat to public health"

Februa

ry

2 '

2015

City of Flint andodor

DPW

issues

letter

to

customers

offerlna

testlna

for

discoloration,

tiSte

letter posted to City of Flint webstte

www.cityoffilntcorn/Wp-content/uploads/201S_OZ_02·Water• Test·Letter.pdf

Februa ry

3 '

2015

Gov. Snyder awards FDnt$2 million to find leaks In cltywaterllne.s wastewater Incinerator, part of state's $8 million Distressed Cltl~

and repraeea· program

MUve (Feb. 3, 2015): "Governor Awards Flint $2 mll!lon for Troubled Water System: Mayor Says More Is Needed'" (Fonger)

www.MUve.com/news/flint/lndex.ssf/2015/02/govemor_awards _mnt_2_m11Ro.html

Februa

ry

4 '

2015

Flint resident LeeAnne Walters on her son's skin, attributed to

shows Flint aty drinking water

Council

a

video

doc:umentlna

r.sshes

=~Free Press (Feb. 2016): 'How Flint's WaterCtlsls Unfolded" www.freep.com/pages/lntmctlves/fllnt-water-c:rlsls-tlmellne/

Liz Murphy, assistant to Flint EM, and Prysby/MDEQ exthange e-maUs re: other February 6, 2015 Michigan systems that treat river water, and a source water assessment for Flint
River

As reported In Bridge Map1lne (Feb. 4, 2016): "Disaster Day by Day: A deta!Jed Fllnterlsls tlmeUne•

brtdaeml.com/2016/02/fltnt-water-dlsaster-tlmellne/

3/12/161
I
I
1/31/161
3/12/161
!
3/12/161
I
!1/12/161 I

F b u e r arv

6 '

2015

Flint ABC affiliate IABC12) posts report quaD Is Within EPA limits for 1THMs

on

independent

testing

showing water

ABC12 (Feb. 6, 2015): 'What's in your water?" (Einott)

www.ebc12.convflintwaterworriesfheadlines/ABC12·1nvestigatesWhats-in-your-water-291074071.html

3/12/161

Februa
rv

10'

2015

City of Flint retains Veolla sole-source recommendations on water system

to

provide

additional

reVIew

and

Press 111lease posted to Cty of Flint web.slte

www.cltyoffllnt.com 2015 0 10 fllnt·hlres·lnlernational-urban· water-experts·of·veona-north-amerlca-to-assess-dtys-waterlssues/

GCOC epldemloloalst Shurooq Hasan e·malls outside expert about 47 Leglonellosls Detroit Free Press (Feb. 9, 2016): "Flint e-malls: CDC voiced

www.freep.com/story/news/loal/mlchlian/fllnt-water·

February 10, 2015 cases dleanosed In Flint In 2014, almost four times the number In 2013. 'We- have concerns over LeatoMalres1actions• (Dolan, Anderson, Epn, crlsls/201&/02/09ffflnt-e-malls-stete-clty-appear-unable-ahare-

expanded our Investigation to Include the city water sllllplf

WiseM

fnfo/80028820/

·

Februarv

16'

2015

City of Fllnt to drink

posts

second

Fnnt

Water

FAO.

document.

stating

that

Flint

water

IS

safe

•cty of FUnt Water System Update with Questions and Answers,"
dated February 16, 2015

www.cttyofflfnt.comfwp-content/uploads/Water·SVsvtem-FAQUpdate·2·16-151.pdf

February 1s, 2015 EPA colleets add1T10na1samp1es at LeeAnne Walters,s home

2R6e,fe2r0e1n5ced In EPA·MDEQ e-maU correspondence dated February A6,t2h0c1h5ment 18 • MDEQ documentation provided to FWATF Nov.

FI!bruary 25' 2015

Mike Glasgow/Flint DPW tests water In LeeAnne Walters's home and finds high lead levels (:104 ppb). She c:ontatts Chlc:ago offices of EPA to disCWis

Detroit Free Press (Feb. 2016): •How Flint's Water Crisis Unfolded" (Dlxon)

f
www.

reep.co

m/: /
pases

l t n

ctlv era 8

5/flln...-water-c:r!•Slr•~tlmel1'ne/

I 3/12/161
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Initial e-mail correspondence between EPA (Crooks, Del Toral, Poy) and MDEQ

feb ruarv

26 '

2015

(Busch, Prvsby) re: elevated lead In sample collected February 1B, 2015 at l.eeAnne Walters's home. Initial inquiry made re: corrosion control treatment (DCCT) et Flint

WTP. Crooks: "WOWIII Old lte find LEADI104 rmrts per blllon•

EPA/MDEQ e-malls Included In chronoloalcal compilation of emalls from FOIA requests, created by Roy/Edwards and posted to Flint water Study website. &mall correspondence between Mrs. Welters and City of Flint datad Feb. 19-26. 2015: Consumer Notice of Results; Official

fllntwaterstudy.ori/wp-content/uploads/2015/10/MDEQ.-USEPA· Final.pdf Attachment 18 • MDEQ docwnentatlon provided to FWATF Nov. 6,2015

l
3/12/16!
I

Laboratory Report.

1
!

Busch!MDEQe-malls colleagues Shekter Smith and Benzie In response to Crooks' February 26, 2015 email. "As Indicated by Mike and Adam the city Is meeting 9oth percentile. Not sure

~

re:odrt~U~dB;:~~e

~~alzln~:«;,b·

4•

2016):

• Disaster

Day

by

brldgeml.com/2016/02/fllnt-water-dlsaster·tlmellna/

i 3/12/16!

l.·-··-·-······-----·····---····-~!!t!.~Kt'?.!1.~JI~.!'l.!~!~~~~-'!I~PJ~..!~. ~~.~-~(.~.~r. ..•- ..-···-----------··------~~:._--.~-----·--·~--~-~--~~~-~-----------------··---·--·-----------------------------·..··----·..·-·---------------··---·····-·-···-!

Fllrot Waltr Crisis nmtlln•

Fillt Water Advisory T•sk Foil»

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.207 Page 207 of 229

,..

D.ate

Busch/MDEQ responds to Del Torai/EPA saylna that the City of Flint "Has an

Chronological compilation of MDEQ e-malls from FOIA requests,

February 27, 2015 Optimized Corrwlon control Program,• LoeAnne Welters's house Is •not part of the created by Roy/Edwards ond posted to FDnt Water Study website City'a established sample site pool" and the residence has PVC plumbing

M-=t'"M•

ann

waaaa

In response to complaints re: drinking water quality and related health effects, Flint

March 3'

2015

EM Ambrose dalms cost1 wiD Increase $12 million wlth return to DWSD service. He provides memo to Deputy State Troasurer Wayne Workman statlna reconnectlon to

MUve (Junes, 2015): •uwsult seeks end to Flint Rlvor drinkina water, return to Detroit" (Fonaer)

DWSD will cost the City $10.1M/vear and water could be as hlah as $1M/month

www.MUve.com/news/fflnt/lndex.ssf/2015/06/lawsult_seeks_en d_to_flint_rlv.html

Mard1

4 '

2015

City of FllntNeona Technical AdVIsory COmmittee holds Its first meeting; members from City, COUnty, State, USEPA, hospitals & unlvarsltles

17

March S, 2015 MDEQ Issues second Disinfection Byproducts quarterlv violation notice

March

5 '

2015

Officials In Governor's FUnt cltlzeru

Oft1cc

end

MDEQ

besln

dlscusslns

provldlna

water

fllters

to

March

5 '

2015

Citizens Advisory Committee (CAC), )u)sted lndudes 58 members rePt"esentlna various

by Oty of Interests

Flint,

holds

Its

first

meeting:

March

9• 2015

Harvey HoiRns/Governor's omee meets
possible solutions to Flint water Issues

Wl1tt

Flint

EM

and

DEQ. offlelals

to

dlseuss

Crooks/EPA e-maUs Busch, Prysby and Denzle/MDEQ.saylng she his been March 10, 2015 "'nundated'" with citizen e-malls referred to her from the White House about Flint
water quality problems

Ust of members posted to Oty or Flint timaline
MDEQ Letter: VIolation Notice • MCL forTTHM Operational Evaluation •TTHM, 1st Quarter 2015 Monltorlnz Permd MUve (Feb. 17, 2016): "Flint water crisis unfolds In key officials' emaUs through the years• • prcmdes screen capture of partial email Ust of members posted to aty ofFlint tlmellne
MUve (Feb. 17, 2016): "Flint water crisis unfo!ds In key officials' ema!ls ttvouah the yoars• ·provides screen capture of e-mail referrl111 to meetlns
As reported In Bridge Magezlne (Feb. 4, 2016): •Disaster Day by Day: A detailed Flint crisis tlmellno•

www.cltyoffllnt.com/publlc-worksfwater-advlso~ommlttees/
Attamment 21· MDEQ documontation provided to fWATF Nov. 6,2015 www.MUva.com/naws/fllnt/lndex.ssf/2.016/02/see_fllnt_water_c rlsls_unfold.htmlll4
www.cltyofflint.com/pubtlc-worlcs/water·advJsory.commlttees/
www.MUva.com/nffWI/fllnt/lndex.ssf/2016/02/see_fllnt_water_c rlsls_unfold.htmlt14
brtdaeml.com/2016/02/fllnt·water-clisaster-timeline/

James Henry/GCHD a-malls Howard Croft/Flint DPW, Prysby/MDEQ, Mayor Walling

and others citing the city's and state's lack of cooperation and fallure to respond to

March

10• 2015

his requests for lnvestlpiSon of

Information- and a Jan. 2015 FOIA -to support county's potential causes of Lealonei!Dsls outbreak In Fllnt. "This Is

rather

As roporud In Bridge Magazine (Feb. 4, 2016): •Disaster Day by Day: Adetailed Flint crisis tlmellne•

alarlna Information and It needs to be looked Into now, prior to the warmer summer

monthS when LegloneUa b at Its peak end we are potentially faced with a crisis.•

brldgeml.com/2016/02/fllnt-water..cflsaster-tlmenne/

M ch ar

u. 2015

Benzlii/MDEQ e-maUs colleaguiiS Shekter Smlth, plan of action on !.egionellosis response

Bu.tch and

Prysby re: thoughts for a

As reported In Bridge Mogulne (Feb. 4,
Day: Adetalled FOnt crisis timellna•

2016): "Disaster Day by

brldgeml.com/2016/02/fllnt-water·dlsaster-tlmenne/

; 3/12/16!
!
j
3/12/161 ;
3/12./161
!
3/U/16~
3/12/16!
I
I
!
3/U/16!
!
I
I 3/12/16j

March

12. 2015

Busch/MDEQ a-malls colleagues ~hekter S~lth, Prysby.and Benzie re: IJ!glcnefla. •"' thent Is no evidence or confirma~n of Legionella ~mg cfirectlv rrom the Water Treatment Plant or In the commun1ty water supply diStribution system at this time.•

As reported In Brldae Mqazlne (Feb. 4,

0

:A ay

detalled

Fnnt

crisis

tlmellne•

Z016): "Disaster Day by

brldgeml.com/2016/02/fllnt-water-dlsaster-tlmellne/

VGGIIa tssuos Water Quality Report to City of Ftlnt/EM Ambrose, an evalu;~Hon providing advlco primarily on lTHM control and other ot)efatlonal issues in the

•Flint. Mlchlpn Water Q.uaBty Report.• prepared by Veolla, posted Report: www.cltyoffllnt.com/W)KOntent/uploadsNeona-REPORT·

to City of FDnt website.

Fllnt•Water.Q.ualltv·201S03U.pdf

I
3/12/161
!
I
I

March 12. 2015 Oty's water svstem. Report states that Flint's water meets state and federal

Report and accompanying Veola presentation lnduded In Gov. E-malls:

standards forTIHM controL but does not address lead. Also recommends corrosion Snyder's e-malls released Jan. 20, 2016 (pp, 151·186/l74).

somcsprod2govmOOl.usgovdoudapp.net/rlles/snvder1UOamalls.p

control at Flint WTP to oddreu Iron l~~amlna from I u • estimated cost $50 000 Referencod In EPA's Interim Re dated June 2.4, 2015.

df

WwfeVMDEQ e-mails Harvey Homns Governor's office end Wyan DEQ noting APNewsEireek (Feb. 4, 2016 : "'fffcials warned ofwater,

tgstoty.ap.o:r/500a2ef5b57d423d876ef25709af19~

Ma h rc

1 3 '

2015

uptick In Lealonellosls cases, placlna dlscountlna Hen:y/GCHD's concerns

responsibility for follow-up on GCHD, and about a possible relationship between uptitk

in

L.eslonnalres' link" (Eggert, White) Delroit Freo Press (Feb. 4, 2016): •£-malls: Snyder aide W8$ told of

www.fraep.com/storv/naws/IOCIII/mlchtpn/fllnt-water· crlsb/2016/02/04/apnewsbreek-offlclals-\Wrnetkf-watar-

.,.,3/12/161 I I I

LegfoneiJosls and chan e In water source

onnalres' In March• n ·Includes link to e-rne lis

Ia onnalres-lln 9828466 llread

Busch/MDEQ e-malls Henrv. GCHD re: Leglonellosls lnvestlptlon. lmpDes DEQ has

j

March

13,

2015

no responslblnties re: i..e(Jonella dnce It Isn't reaulated by SDWA; says It Isn't from the WTP but could be assoc:Uited with main breaks, leaks or repairs to

coming

ADsareApodretetdal1:dBFrllld~e

rMl aIsptizmln~~(~F·eb•4'

2016). •oJsast

•

er

Day

b Y

bridgemLcom/2016/02/fllnt·water-clisaster-tfmellne/

I 3/U/16!

distribution system; reminds Henry thatopldemlolaalcallnvestlptlon 1s GCHD's Job Y:

n c 1 11

!

.!!l!t~Jr~h~~~.MQ.~!:!.lM.P..I1~H!~!IY-IJ!!!I...!~P.~-- _.. ____......___...---·---------···········---·-··--·----------·~-..-- ....•. _.... _____________ -------------·----------------·----------------------···--.J

flint Water Ollis Tkndlrlt

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.208 Page 208 of 229

to March

17•

2015

ausCh/MDEQ e-m~lls croft/Fiint with instruc:tlons conduct
IJIQ!onella at the WTP tap anci111!he_distribution system

rnonltorlll!

for

As reported in Brld&e Magazine (Feb. 4, 2016): "Disaster Day by Day: Adetailed Flint crisis tlmellne•

brldgeml.cam/2016/0l/fllnt-water-disaster·tlmellne/

water In LeeAnne Walters'shoml!-lsr!i-testcil for fead following thorough flushing; As reported In Bridge Mapzlne (Feb. 4, 2016): "Disuter Day by

March 18, 2015 results are extremely high (397 ppb). Craoks/EPA e-malls Busch, Prysby and

Dav: Adetailed Flint crisis tlme!lnea

Benzle/MDEQ re: those test results

brldgeml.com/2016/02/filnt-water-dlsaster-tlmenne/

March

19•

2015

EPA Region 5 c;alliMDEQ to axpresl concerns about high lead Ievell found In
LeeAnne walters's home, noting that they suspect lead Is comln1 from servlce

line

March 19, 2015 City of FBnt responds to 61 questions posed by CAC in March 5 meeting

Detroit Free Press, •How Flint's Water Crisis Unfolded• (Dixon) www.freep.camfpales/lnteractlves/fllnt-water-crlsls-tlmeline/

•water Advlsorv Committee Questions & Answers.'' po.sted to dtv www.cltyofitint.com/WiKonfent/uploads/2015_03_19·WIIter·

of Fllnt website

Advlsorv·Comlttee-Questlons·Answers.pdf

March 19, 2015 HAlenn~rva/GgaCiHn Dreqeu-emstaeslltlsngBMwDchE/QMcDoEllaQbroer:lantivoenstaignadtipOronvoidfiLngegdloonceullmoselsntouat~bnreoafk In
pre••ous requ s

ADasyr~:OdertteadllIendBFrlldln~:rMl£::;l1~n~l(nFe~b'

4 '

2016). '

"Db ster a

08 y

by

bridgeml.corn/2016/02/ftlnt·water-dlsaster·tlmalln~t/

Flint City Council votes 7·1 to end Flint River service and retum to Detroltwater

servke; the vote Is non-binding sJnce Flint Is under EM control. Flint EM Ambrose:

M h arc

23 •

2015

•rt Is than

Incomprehensible to me $12 mllllon a year to the

that... Flint City Council would want system serving Southeast Michigan,

to send more even If Ffint rate

MUve (March 24, 2015): "Emeraency manager calls City Council's Flint River vote 'Incomprehensible'• (Fonger)

www.MUve.com/news/fllnt/index.ssf/2015/03/nlnt_emel'iency_ manager_calls.html

· payers could afford lt. (Lake Huron) water from Detroit Is no safer than water from
~~
EPA learns that Genesee County ~ealth Department Is lnvesttsatlng uptick ln
March 26, 2015 leJionellosls In the county, lnclud1ng Flint; an EPA offldal questions whether It Is

Detroit Free Press (Feb. lOl6): "How Flint's Water Crisis Unfolded"

•

(Dixon)

www.freep.com/pages/interactaves/fllnt-water•crlsts-tlmellne/

related to switch to Flint River water

3/12/161 ·
I
3/12/161 '
3/12/16! ·
! 3112116! j
3/12/16j ,
j
! ; ! 3112116!
!
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3/12/161
1

March

27'

2015

LeeAnne Walters's son Is tested ug/dl "thrCI$hold of concern•

for

blood

lead

levels;

results

are

above

CDC's

5

Flint Water Study website (Sep. 30, 2015): "COMMENTARY: MDEQ flintwaterstudy.org/2015/09/commentarv-mdeq·mlstakes-

Mlsblkcs end Deception Created the Flint Water Crlsb" (Roy)

deceptlon-fllnt-water-crlsb/

31121161
1

of results Ma h rc

3012015

MDEQ notifies Flint (July-December 2.014)

offitst&-;month-lead showing 6 ppb result

and

copper

monitoring

period

G ov.

5nyder'5

Fll t
n

w t
a

er

tl

me 11 ne

(re1eased

J an.

2016)

ml.sovfdocuments/snyder/FiintWater11melfne.}INAL..,511424_7. pdf

3112116

i
1

Crooks/EPA e-malls Busch, Prysby and Shekter Smlth/MDEQ re: EPA conference call

,

March

31 •

2015

on leglcn91a In FDnt. Otes Del Toral's sta~ement that the city's aaresslve pre· flushing before lead testing may be contribUting to fa\torable condltloru for

As reported In Bridge Magazine (March 11 2016): •Fllnt crlsl.s tlmelme: Part 2"

!~~~:J:!.'!!W:-Wloi!JX:t!.m

!

a A rll lOlS MDEQ sends Flint Ln SUrface Water

Treatment

Rule

""" letter

aa
re:

"

•

monitoring

p ' requirements for Cryptosporidium, E. Coli and turbidity

a

U\iOU

• ...,....

MDEQ Letter. LT2 ESWTR Rule· 2nd Round of Monitoring

Requirements

j

April 6• 2015 :~~==~n=~=on of Granular Activated Carbon filter media to reduce

E-mail from LAN to Busch/MDEQ, cc Croft, dated April&, 2015

brldieml.com/20161031fllnt-crlsls-timellne-part-2/

!
31121161j

Attachment

22

•

MDEQ

documentation

provided

..,
to FWATF

Naouv.a~I

6, 2015

I

::;a~~ment 23 • MDEQ documentation provided to FWATF Nov.

~

j
j
:

MDHHS hosts conference call regardlng Legfonala. but the subject matter and • Aprll7, 2015 participants are not clear. It was suggested that there was a communlcutlon plan m
preiJ&ratlon, but no Indication that public communication happened 11s 11 result

Atlsmreel~oer:tePdartnt 2B,.rld1

e

Ma p

zlne

(Man:h

1 '

2016):

"Filnt crisis

brldaeml.com/2016/03/fllnt-crlsls-tlmellne-part-2/

I
3/12/161
i

j
i

Aprll23,

2015

Del Torai/EPA e-malls Cook/MDEQ again to ask re: Flint corrosion control treatment. Cook/MDEQ.In follow-up message to Busch & Prysbv/MDEQ: "Other than sampllng

EPA·MDEQ

e-mallcorresponder~ce

dated

AP.rll23-24,

2015

1

ror Pb/Cu,l don't think Flint Is doing anything regarding corrosion control"

Attllchment 6' 2015

24

•

MDEQ

documentation

rovlded P

to

FWATF

Nov.

I
1
j

!

Chronoloalcal compllatlon of MDEQ e-mails from FOIA requests, Hlntwaterstudy.ori/wp-c:o_ntentjuploads/2015/10/MDEQ-USEPA·

J

!

created by Roy/Edwards and posted to Flint Water Study website Anal.pdf

I

j

Aprll24, 2015 MDEQ staff Indicates to EPA no corrosion control treatment In place In Flint system Gov. Snyder's Fllnt Water tlmellne (released Jan. 2016)

ml.sov/documents{snyder/FIIntWaterTlmellne_FINAt_S11424_7. 3/12/161

! !

~~~~~~~~~~~-

!

(Dlxon)

www.freep.com/pages/lntaractives/flint-water-crbls-tlmenne/

1

'

Aprll25,

2015

cDoenl tTroorlatir/eEaPtAmee·nmt,aUprseC-folwolch/lMngDaEnQdtohigehxpIr~eR~sds

concern re: F~lnt's lack of levels. Says Fhnt does not

corrosion appear to

meet requirements for occr without treatment

E·mnll from Del Torai/EPA to Cook/MDEQ dated Apr1125, 2015

Attachment 25 • MDEQ documentation rovlded to FWATF Nov.

612015

P

! i
!

;es i . !

Apral

Z7,

2015

Del fcirai/EPA 6-malls f'oy/EPA and other colleagues stating-thatCoof/MDECfhiii--~~~;-;,ee
confirmed the Flint WTP has no corrosion control treatment (CC1), which Is "very crisis critics

P~-(;~b:;-;~;): -~~;~ soy" (S angl~r)

~00

slo~-;.,

! __________,__________________________________ L.......,...~~-·~······~~-···--·-~2~~!!!!!!:1.,!~e.!'.!!!!!~!!L~~~!'!J!!~~-~'!.~~!J!I!!!.!I!i~!.~Y.............................._.:.___________

ond ~ Flint www.freep.com/story/news/local/michlgan/flint-water·

j

p

crlsls/2016/02/02/epa-too-slow-respond·fflnt-crlsls-crltlcs·

3/2.0/16i

.!!Yl79&s~_!SL________________________________________._..________I

Flint WatarcrJslsllmlllna

fllnl W.w AdvisoryTlsll Fana

11

~.

'

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.209 Page 209 of 229

.·~

., ..

I l
!

Apr11

27'

2015

Del ToralI EPA 'llslts free: leaves sample

LeeAnne Walters's house, bottles and provides Marc

Inspects plumbing and finds It Is leadEdwarcb/VIralnla Tech's contact Info

Flint Water Study website (Sep. 30, 2.015): "COMMENTARY: MDEQ Mlsbllces and Decet~tion Created the Flint Water Crisis• (Roy)

fllntwaterstudy.ora/2D1S/09/commentary-mdeq-mlstakes· deceptlon-fllnt-water-crlsb/

j

Coole, Busch ond Prysby/MDEQeiCChanse e-rmllls re: Del Torai/EPA's questiOn on Detroit Free Press (Feb. 14, 2016): "Sblte MDEQ didn't take Flint www.freep.com/storv/newsflor:al/rrdchlf.an/2016/02/13/stJ4~-

corrosion control treatment. Busch: •1r ha continues to persist. we may need Uane water concerns seriouslY' (Shamus)

deq-fllnt-water-concems/80332954/

April27, 2015 or Director Wyant to make a gall to EPA to help address his 0'/et-reaches.• Cool: "I Also as reported In Brldp Mapzlne (Feb. 4, 2016): "Disaster Day brldseml.com/2016/02/fUnt-water-dlsaster-ttmennej asree, the consbl nt second guessing of how we Interpret and Implement our rules Is by Day: Adetailed Flint crisis tlmellne•

gettlna tiresome."

Laurel Gnrlson/CDC a-malls GCH D offldals re: concern O'ler Lealonehosls outbreak

In Flint. Indicates that city and state officials allosedly were not supplying needed Detroit Free Press (Feb. 9, 2016): •Rlnt e-malls: CDC voiced

www.freep.com/stozy/news/lor:al/mlchlpn/fllnt-water-

. April

27•

2015

Information for the county's lnvestlptlon, ""We are very concerned about this Lealonnalres' disease outbreak." It's Vef'V lal'le, one of the le11est we know of In

the

concerns over LeaJonnalres' actions" (Dalan, Anderson, Esan, Wisely)

crlsls/2016/02/09/fnnt-e-malls-state-clty-appear-unable-sbarelnfo/80028820/

past decade, and community-wide, and ln our opinion and experience It neecb a

compreheJUive Investigation."

April

28•

2015

MlCii!San-omce MDEQ-offlce of

of the Ai.fdltorGeneralannouncu planned Drinking Water and Municipal Assistance

performance

audit

of

AO~frflicle28o.f

AudltorGeneralletter to MDEQ Dlrei:tor YJYant,
2015. Notice of audit POSted to OAG website

-dated

audgen.mlchlpn.gov/wlpfwlp761032D15.html

To resolve an $8 million accumulated deficit In flint's General Fund, the Sblte

Treii5Urer and Flint EM, with the concurrence of Fnnt Oty Council, slsn an

A rll P

29 '

2015

emersency loan Assistance Loan

agreement between tho City and Mlchfaan's Local Financial Board for nearly $8 million. The loan agreement Includes a

Emeflency Loan Aareement, slsnod by EM Ambrose and Treasurer Document provided to FWATF
Khouri, dated Aprll29, 2015

provision that the city or Flint cannot, without prior stab! approval, retum to DWSD

or lower water rates.

Gov. Snyder announces control of City of flint's finances has been returned to

Press release: "Gov. Rick Snyder: City of Flint ready to move

,!~. I

Aprlll9, 2015 Mayor and City Council under supervision of Reeelvershlp Tronsltlon AdWory Board forward as financial emeraency resolved" posted to State of Ml

~m

websltll

LeeAnne Walters's Wllter samples are sent to Vlrsl~ Tech for analysis. Averaaelead

May

2015

level b •2,429 ppb flushing the water

lead, the hllh waJ 13,200 never dropped below 200

ppppbb~end

even

after

25

mlnutes

Flint Water Study web!lte (Aug. 24, 2015): •Hazardous Wasta· levels ot Lead found In a FDnt household's water" (Roy)

www.OO.mlchlaan.sov/snyderf0,4668•7•277•57577_57657·353433' .html
fllntwaterstudy.ora/2015/08/hllllrdous-waste-lavels-of-leadfound-ln-a-fllnt-hoUHholcb-water/

Cooli/MDEQreJponcb to Del Torai/EPA re: Inquiries about Flint corrosion control,

- --~~--- --

lncflcatlna MDEQ Is deJavtns decision pendlna completion of second &-month May 1, 2015 monlt«<ng period In Juno 2015. Soys that sfnce Fnnt wUI be swltchlna water source
In another year, •requiring a [COII'oslon controij study at the current time will be of
little mno value•
Mny 6, 2015 City replaces service llne at 2.~2 Br~lng with EPA onsl~ '

E-mail from Coolc/MDEQ to Del Torai/EPA dated May 1, 2015, Included In chronolosJcal compilation of MDEQ e-malls from FOIA

fAllnnatlwpadtferstudy.orsfwp-content/uPloads/2015/ 10/MDEQ-USEPA-

requests (Roy/Edwards) posted to Flint Water Study website

'

EPA e-mail to MDEQ dated May 7, 2015

::.~~; 26 & 27 • MDEQ documenbltlon provided to FWATF

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1
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3/12/l&! 1 I
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/13/161
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l I

MaY7'

2015

Crooks/EPA e-malls MDEQ re. EPA visit to sampling bottles for lead/copper analyses

LeeAnne Walters s home to deliver and observe plumbing systems

J. Crooks/EPA o-mall to MDEQ dated MaY7• 2015

Attachments 26 & 27- MDEQ documentation provided to FWATF

1

Nov. 6, 2015

I

May 14, 2015 MDEQapproves GCDC permit for surface water Impoundment to feed tmA wrP MDEQ Permit 15103&

cm:ae.apidi:fWix.ciinl/uadf60e74e_830d3b5098294e18825C81720f155e

4.~.~,..... 11161j

May

20,

2015

Second meetlna of City of FlinWeolla Technical notes: "•Some attention hu shifted to lead and

cAodpvpiseorrya~Cnocmemmsi"tt•een.oMfuerethtienrs

mention of lead bsue

M ay

26'

2015

EPA/MDEQ. e-mail ec~rrespondence Welters's home and at 2 additional

continues re: n!SUits homes connected to

of additional sampllns at same water service line

May 28, 2015 New samples show lmprO'Ied water quality at leeAnne Walters's residence

Meetlr~ summary posted to City of Flint website

---- - - - -
www.cityofflint.com/Wp-c:ontent/uploads/2015-05-20-TAC· MeeUna·SUmmary.pdf

EPA a-mall correspondence datedMay .26-27~ Mly 28 and June 2, Attachment 28 & 29 • MDEQ documentation provided to FWATF

2015; laboratory reportS a~ched

Nav. 6, 2015

::.::::~~S::!~"!:r:;:.b· 4• lOi&): •olsaster Day by brtdgeml.com/2016/03/fllnt-criJis-tlmellna-part-2/

1/31I16I•
! 1
3/Ul1~~

MDHHS produces a report reprdlng Leslonel~ C8ses In Genaee County In 2014- "Summary of Leglonellosls Outbrcalc- Geneseo County, June www.mlchlpn.sov/documents/mdhhs/Genesee_Co_Legionnalres

I

May 29, 2015 15; the conclusion Is that "the outbrealc Is over. 42" of the CZISes had healthalre

,,..

(h:,r.!:!LC:::$.f" had contact with tilt Flint water SUPPIL,

,

lOlA-March 2015 • posted to state website

•

llrm

_Disease_lnvastlgatlo'LExJummarv_FINAt,_510722_7.pdf
"""

I 3117116:

Ju e n

5 '

2015

Coalition for Court seek!

Clean Water In Flint and others file lawsuit
order for Ffint to return to DWSD mvtce

In

Genesee

County

Circuit

MUve (JuneS, 2015): "Lawsult seeJcs end to Flint River drlnldna water, return to Detroit" Rldle

www.MI.M!.com/news/flint/lndex.ssf/2015/06/lawsult_seeks_en d to fll .html

!
3112116 1

I i

Jim Colllns/MDHHS e·malls GCHD officlab saying he spoke wlth officials at federal Detroit Free Press (February 9, 2016): "Flint e-maiJs: CDC voiced www.rreep.co st~:~ry news/loeB mlchlgu nt-watlt-' June 8, 2015 Centers for Disease Control and Prevention that morning about tha Leglonellosls concerns O'ler Leslonnalres' actions" (Dolan, Anderson, Epn, crtsls/2016/02/09/fnnt-e-malls-stata-clty-appear-wabJe.share-

i
3/l2/~6:

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Rin1 Wlllf Clbb Tlnltlne

Filii Wlter AdvlsolyTask Fotet

u

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.210 Page 210 of 229

: :· ·:.: :·::· . .. ··· ··· · ... :····-:.:··:·:··:···:·:· ···o~i-e··,·-···:···-···.·:··· ·-·-·,·-······:···~-·~·

. ':··::)¥~~itf'.· ·:"··~:·:·:··.;·,~::·:·:·:~-·~~··~·: ~·:·:~~~~:..,~:;~~:·;~:·~~~~·:"<2:.:·:: ~:;::·.:··:.· i~r~~~~'f6.~~ifi~!{f~:~:.::7;:•::~:·:: ::.::·.·.:~·::I7>:~~~:.7:,~:·.~,~-,::,·-.~~·-.,·.·····:~-~our~~.~-··7::~:;~:: :~:.:~~: :·-~:·.:·;·::,·::·:·-~~;~.-~~~ss~<i··l

June 9, 2015 MDEO.Issues third Disinfection Byproducts quarterly violation notice

Michigan Semi-Annual Conference Callis held with EPA, DN Rand MDEQ. EPA June 10, 2015 recommends that MDEQ offer technical assistance to Flint on managing water
quality Issues, lndudlng lead

lm~~erlv n~tes Michigan Court of Appeals reverses Genesee County Orcutt courtdismissal of
June 12, 2015 Klne21ld 111te lawsuit. claiming City didn't follow the proper process for raising

1nd

sDent the funds collected

June

15 '

2015

Press conference held iit tiAW Region ir:fpostwith.Coundlman Kincaid and
ettomev Va IWeshlnst:on urilna City to negotiate on water and sewer rates

June

23 '

2015

u.s. DISti1CfJUdge5tephen J:-Murphy llfdenles Coalition fOr CJeari
motion for the preDmlnarv Injunction without prejudice

WaterlnFIInt's

Del Tor21I/EPA provides his "Interim Report: High Lead Levels In Rlnt, Michigan" to June 24, 2015 his supervisor, Poy/EPA. Report expresses numerou11 concerns re: lead levels,
sampling methodology, and lack of corroslon control treatment at Flint WTP

Ri:isenthaVMDEQ a-malls Glasgow and Wrlght/FlintDPW remTfiCiini them that 61

Jun e

25 '

2016

more lead and copper samples need to be collected and sentto the lab by June 30, 2015, "and that thev are wlli be [sic} below the AL (actlon level] for lead. As of now

with 39 results, Flint's 9oth percentile Is over the AL for lead."

MDEQ.letter: VIolation Notice- MCL for TTHMs, 2nd Q.uarter 2015 Attachment 30 • MDEQ documentation provided tO F\V.A:fF Nov:

Monlturlng Period

6, 2015

J. Crooks/EPA e-mail dated July 1, 2015, with notes from June 10 fllntwaterstudv.orgfwp-contentJuploads/2015/10/MDEQ-USEPA·

conference call; notes posted final July 28, 2015. £-mall and notes Flnal.pdf 21re Included In chronological compilation of MDEQ e-malls from Attachment 31- MDEQ documentation provided to FWATF Nov. FOIA requests (Roy/Edwards) posted to Flint Wi!lter Study website 6, 2015

MUve (June 12, 2015): "Appeals Court breathes new life Into Flint water rebate lawsuit" (Fonger)

we~w_wwl.tMh_UfRvnet.chvtmml/news/fllnt/lndex.ssf/2015/06/appeals- court;_sld

MUve (June 15, 2015}: "FUnt councllma n urges cltv to negotiate www.MUve.com/neWS/ftl:lt/index.sSf/2015/05/ffint_councnman_

end to water rate lawsuit" (Fonger)

urges_cltv_to.html

MUve (June 23, 2015): "Judge won't fo"'e FUnt to return to buylrij wwW.MUve.com/news/flin

Detroit water" (Fona;er)

doesnt_heve_t_l.html

"Memorandum: Hlah Lead Levels In Flint, Michigan -Interim

Report,• prepared by M. Del Toral and transmltted toT. Poy.

Per Curt Guvette/AaU {Interview with FWATF Dec.10,1015), Del fllntwaterstudy.Ol'i/Wp-eontent/uploads/2015/11/Mlguels-

Toral provided report to Walters and she provided It to Guyette. Memo.pdf

Interim report Is available on Flint Water Study website. Final

report Issued Nov. 20151s also posted to ACLU-MI website

Detroit Free Press (Dec. 24,2015): PState's handling of FBnt water www.freep.com/storv/news/polltlcs/2015/12/23/states-handlblg-

samples delayed action• (Egan)

fllnt-water-samples-delayed-actlonma&7872/

June

30'

2015

EPA e-malls MDEQ as preface to conference call scheduled fur July elevated lead and corrosion control; mentions Del Toral report

21,

2015,

re:

fran: E-mail from T. Hyde/EPA to L Shekter Smlth/MDEQ. dated June SO
2015, lndudad In chronological compilation of MDEQ. e-malls nlntwaterstudy.org/wp-content/uploads/2015/10/MDEQ-USEPAFOIA requests (Roy/Edwanb) posted to Flint Water Study website Final.pdf

! - - ' i

June 30

2015

Second 6-month round of lead and copper monitoring ends. toMDEQJ~OlS

Results due from
............

FUnt

!
•

5

Jul 1. V

2015

Gov. Snyder asks MDEQand MDHHS about widespread occurring, Flint complying with

Flint; both report nothing unusual or LCR, elevated blood levels are seasonal

Included In chronol081cal compJii1tlon of MDEQ e-malb from FOIA flintwatemucfV.Ciij/wP·COnteni/uploads/l015/10/MDEQ-USEPA:

requests(Rgt/Edwarcb)postedtoFlln:v.:,at,erS!~~r.we~,slte

Rnal.pdf

m

Detroit Dixon

Free

Press (Feb.

2016):

"How

Flint's

Water crisis

Unfolded"

www.freep.r»m/:P8ges/lnteractJves/fllnt-water-c:rlsls·tlmellna/

EPA Region SWater Division Director nnka Hyde tells MDEO. that RegionS Is

Gov. Snyder's Flint Water tlmellne (released Jan. 2016)

ml.gov documents/snyder/FIIntWaterllmellne_FINAI,..S11424_7.

July 2, 2015 "concerned about the lead situation" but acknowledges second round of monitoring Detroit Free Press (Feb. 2016): •How Flint's Water Crisis Unfolded• pdf

Is under way

(Dixon)

www.freep.com/pages/lnteractlves/ffint-water-alsls-tlmeline/

JuIy 2• 2015 wEPIlAl wRoerg,"i.oWnI't5hAMdDmEinQisotnraItsosruSeussraenlaHteeddmtoarneawdr.tintswMa"..a~.vr.o"rIWt waolluinlgd t...o.~..sparvetmhaa..t.u.ErPeAt o

"

•

wHe)bJshiltleahts of Marc EdWllrds FOIA, posted to Flint Wl!lter study

draw any conduslons" based on draft EPA memo regarding lead

fFlOlnIAtw·EaPtAer.stdufdy.org/wp-content/uploads/20lS/10/VItilnla-TechP

July

7,

2015

:cLU~eporter

Curt

Guyette

contacts

MDEQ

regarding

Del

, Toral s

draft

Interim

epo

lneluded In chronoloatcal compilation of MDEQe-m21lls from requests, created by Roy/EdWllrds and posted to Flint Water

FOIA Study

:n~~~udy.orafwp-content/uploads/2015/1-0/M-DE-Q-US--EPA-

website

na ·P

· 1 i
!
3 13 16i 11 1
t
i '
3/13/161I
31131161•
3/13/16!
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i
3/17/161
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I
3/13/16!
!
3113j16!jI 1511
3112116,1 I
l/31/161 i
!
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!-,
3120116

MOEQ PubUc: Information Officer Karen Tommasulo emalls Wurfei/MDEQas
Julv 9, 2015 Michigan Public Radio begins plcklns up on the ACLU reports concerning flint leadIn-water Issue. •"Apparently, It Is solns to be a thins now.•

ChronoiCQical compllatlon of MDEQ. a-malls from FOIA requests
(Roy/Edwards) po.sted to Flint Water Study website Detroit Free Press (Oct. 22, 2015): •MDEQ a-mails show •tunnlng Indifference to Fllnt peril• [Kaffer)

nlntwaterstudy.oli/wp-content/iiploads/2015/10/MDEQ-USEPA· Rnal.pdf www.rreep.com/storv/oplnlonJcolumniSts/nancvlcaffer/Z015/10/21/Indifference-characterlzed-state-approachfllnt-water/74289430,

I
3/13/16!
i

The Nation (July 16, 2015): "In Flint, Michigan, Overpriced Water i.s www.thenation.com/artlclenn:tunt-m!Ciilaa!H)verpnced.:Water·ls-

ACLU·Michlaan reporter Curt Guyette breaks story ofconcerns about lead In FBnt's Causlna People's Skin fO Erupt In Rashes and Hair to Fall out• causing-peoples-skin-to-erupt-and-hair-to-fall-out/

JulY9'

2015

drinking water by detalnng the June 24 EPA-Del Toral memo, reporting the high revels In LeeAnne Walters's water, and exposing the lack ofcorrosion control In

lead Flint

(Guyette) E-mail from

8. WurfeVMDEQ. dated July 9,

2015

Is

lnduded

In

Attachment 33 - MD£Q. documentation provldad to FWATF Nov. 6, 2015.

drlnldna water treatment

chnmologle21l compilation of MDEQ e-malls from FOIA requests filntwaterstudv.oli/wp-content/uploads/2015/10/MDEQ-USEPA·

Rov/Edwards) posted to Flint Water Study website

Final. pdf

i
! 3/13/161
I I

;L_. ,__. .~~~-~~~-~~~-tf!s.u!ts_a~n~~H-~eMdlm!!a~n!/KE~Pt.AI!RMQe~g9i.o~n.~s~(!b!:a.s8eJd..I~n!Ct~:b~-lc!aog.oI)~~w_Irnlt.e.wit_oa~F~-ll·n·t·M··a·y·-o·r..W-.a..l.t..l.n•.g...t_o,_s_a,v___AQ~syr_e:p~~o!r'te!!dl1I!n'~B.!r.id1!ie.~M!E2!1tps&l!l~n~e!!(F!'e:b_._4_,_2_0_1_6)_:_•_o_1_s_as_t_e_r_D_a_y,_b_y_.__b_ri_dg_e_m_l·~-m-/·l-O-l-&-l-O-;-f-fl-l-n-~-~-~-i-·-~-i-j-m--;-t-l-~-e---p-a-r-t--·3-/·-----··-------·-----3--/2-0-/-1-6Jj

Fllnt Water Crisis Tlmellnt

FllntWatcrAIIVI$0ry'llSII Fomt

u

c

'i.

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.211 Page 211 of 229

.~

t•

·.. Date ·· ::· ·· :···-- :::--:·_, ~:-:·---·----:-~:,·-:::~-·,_-·:·:·-~---~----~:---.;~veRi-::--:::::;:~:::::·::·::;::·::-~;~~r;~-:/:·;;:~J;t~~z~~:~::z:~-,~f;;7o;;~~;:r:r;;~~t.~-~~~~;P.~~~~"~T·;::::~;~~-~-~;~::::(~--:,::::3~::~~:::~~z:::·T~ ~:::~·~:;:=;;s.~~·~~i.:rr.~==~::~~-~::::;':.:~;-yz~~~~~~t;~~~~'l

Michigan Radio quotes Wurfel's reassurances In story on EPA memo. "Let me start

Jul Y 13 '

2015

here -enyono who Is concerned about lead In the drinking water In Flint can relax... It does not look like there Is any broad problem with the water supply freeing up

Michigan Radio (July 13, 2015): "leaked Internal memo shows fedenll reaulator's concerns about lead In Ftlnfs water• (Smith)

michlganradlo.ors/post/leake(f.lnternal-memo-shows-federalresulator-s-concerns·illbout-lead·fllnt·s-waterflstream/0

1
3113116!i

lead as It 1oes to homes."

·

July 14, 2015 :~!~~~ues construction permit to Flint tor Granufili' Activated carbon filter media MDEO. Construction Permit W1SlOSS

~;;:~ent a4 • MDEQ dotument8tlon-pmvidcld to FWATf Nov.

;

EPA and MDEQ hold conference call re: LCR Implementation and Flint: EPA Informs 11Notes on can with MDEQ on July 21. 2015 - MDEQ

l

Jul Zl. V

2015

MDEQ of Flint, but

Its Interpretation or LCR. EPA wants corrosion control lmplc!mented In MDEQ believes this Is premature, per c-mall from Shekter Smtth/MDEQ

to

Implementation of LCR Rule and Flint Issues: Included In chronolostcal compilation of MDEQ Hnalls from FOIA requests,

fllntwaterstudy.ore/Wp-content/uploads/2015/10/MDEQ-USEPA· FIMJ.pdf

311311611

Hyde/EPA later the same dilly resuestlnz EPA concurrence on MDEQ approach

created by Roy/Edwards and posted to Flint Weter Study website

l

Gov. Snyder's Chief or Staff Dennis Muchmore e-malls MDHHS director Lyon re:

i

;

JulY22'

2015

community concerns about lead In the about the health Impacts and they are

water. "These folks ere sCillred and worried basiCilllly getting blown off by us (as a state

Gov. Snyder's Flint Water tlmellne (released Jan. 20161

!

we're Just not sympathizing w1th their plight)•

ml.sov/documents/snyder/FiintWater11mellne_FINA1,_5U424_7. pdf

1131116!j
i

•

Unda OVkema, director of MDHHS Division of EnVIronmental Health, provides

detailed response to the Muchmore Inquiry via email to MDHHS m11nagers. "DEQ

l

has not seen a change In the city's compliance with the lead rule since swltchlna to July 23, 2015 the Flint River source- Regarding the EPA drlnklna water official quoted In the press Chronolosh:al compilation of MDEQ a-malls from FOIA requests, fllntwllb!rstudy.ot£1wp-content/uploads/201S/10/MDEQ-USEPA-

I 3/13/161

artlcles, the raport that he Issued was a result of hll own research and was not reviewed or approved by EPA management He has essentially acted outside his

created by Roy/Edwards and posted to Flint Water Study website Rnal.pdf

I

authori

July

24,

2015

In response to Muchmore's July 22 e-mail, Wurfei/MDEQ writes, '11le bottom line Is that the residents of Flint do not need to worry about lead In their water supply, and

Chronolosical compilation of MDEQ•malls from FOIA requests, created by Roy/Edwards an~p~ed to Rlnt water Study website

fllntwateBtudy. flnal.pdf

ntent/tiploads/2015/10/MDEQ-USEPA·

DEQ's recent sampling does not Indicate an eminent [sic) health threat''

~:~~~~~~!;"· 7, 2016): Flmt crlsls response delayed for =~=i=com/story/news/polltlcs/2016/01/07/mnt-

I
3/13/161

lulY27• 2015

MDEQ prepares e-mail and draft. letter re: Flint 90th percentile lead determination at 11 ppb and City of Flint requirement to add corrosion control treatment

City provlde.s MDEQ Its o£1Pnal LCR report documentliij-!UcHeveli measured In July 27, 2015 sampllna from 1/1/15 to 6/30/lS. LCR report Is later •scrubbed' after Flint meets

with MDEQ and Is released on August 20, wltll two hlgh lead results excluded

MDEQ e-mall correspondence dated July 2D-21, 2015; MDEQ letter Attachment 36- MDEQ documentation provided to FWATF Nov.

to Fllnt re: Leed and Copper MonHDrlna dated July ~7, 2015

6, 2015

FOIA'd Information on Flint Water Study Wl!!bslb!, lncludlna original fflntwaterstudv.orr/2015/09/commentary-MDEQ-mlstakes·

and "scrubbed• LCR reports

deceptlon-fllnt-w~~ter-c:rlsls/

I
I
3/13/16l
!

July ZOlS Crlstln Larder/MDHHS e-m11lls other MDHHS staff indlc:atlna: blnod lead lavels wero Fllnt Watar Study wabsite: •auonology of MDHHS E·malls

28' unusuaOy elevab!d in summer 2014

pertaining to blood lead levels of kids In Michigan, primarily In

Flint- Part II" (Roy/Edwards)

fllntwaterstudy.ofllwp-content/uploads/2016/01/MDHHS-FOIA-11·

j

FINAL-For-Web.pdf

3/12/16j!

!
1

Nanqi Pee!ei]MDDHSiindi-iHM!Jc:Oclffrmlnginal~ls sh~ lead levels spiked In E-mail corres ondence. MDHHS end MDEO. dated July a2-2B

July 28, 2015 rwnawn:mm

July-September 2014, but "that pattem WillS
~n1 ~:,erevlousJ:X.:,B' =

nat tembly d1fferent rrom
,

what we
_ •

saw

2015

P

'

A st ugu

4 '

2015

MDEQrepresentatlvesmeetwithOtyofFIIntrepresentatlves,communltvactlvlsts and pastors, and leeAnne Walters at Gov. Snyder's office

MDEQ !ld t dAu uo
a-ma a e IIUS '

2014

d

tl

acumen 1'18

tl mee ng

t no es

Attachment 37- MDE(fdCCuirientatlon proYlifad to FWATF Nov.
6, 2015.

fllntwatarstu;.org

, ,.

Attachment38·MDEQdocumentatlonprovldedtoFWATFNov. 6, 2015

, 3/12/16!

{

11 18

!

1

LeeAnne Walters 11nd Melissa Mays meet with MDEQ officials Shekter Smith, Busch

:

A1111ust

4 '

2015

11~ Wurfel to discuss lead in water problems. Walters and Map report Shekter Smith said "Mr. Del Toral has been handled" and Rlnt residents would not be

Flint Water Study website (Sep. 3D, 2015): "COMMENTARY: MDEQ fllntwaterstudy.org/2015/09/commentary-mdeq-mlstillkesMistakes and Deception Created the Flint Water Crisis' (Roy) deceptlon-tnnt-water·crbls/

i S/13/l&i

hearll\l from him llillln

1

Genesee County Circuit CourtJudae Hayman Issues emergency Injunction on earlier

j

fllnt water rate Increase and orders City to roll back Willter and ewer rates by 35 August 7, 2015 pemmt. repay Its water and sewer fund $15,7 million transfe"ed In 2007 to settle 8

MUve

(Aug.

7,

2015):

• Judge

o~ers

Flint

ID

cut

water

rates

35

sewer overflow claim, and Immediately stop water disconnections and liens for past- parcent In sweeplna Injunction (Fon11er)

www.MUve.c:om/news/ffint/lndex.ssf/201S/08/fllnt_ordered_to_ cut_Willter_rat.html

I'
3113116

·~ Au ust 8

10 '

2015

Poy/EPA e-ma!ls control In Flint

Shekter

Smith

and

Busch/MDEQ Inquiring

re:

action

on

common

CtRharvo/n£odlwogaircdasl)cPoJm'pI~il~a~ti~o~n-IoTf~M~~D~EeQraS-mtuadlylswf~robm_~F~OIA requests

ffintwaterstudy.Oli/wp-content/up!oads/2015/10/MDEQ.USEPA· Rnal.pdf

3/13/ I!
16I

l .

MDEQ notifies Flint of feed/copper monitoring results rrom Jan-June 2015

Letter to Wrlaht/fllnt rrcm Rosanthai/MDEQ Included In

2015 monitoring period, and requlre.s City to Instill corrosion control for LCR compliance. chronological compilation of MDEQ e-mails from FOIA requests

August 1?, Indicates Flint has 6 months to fully optimize corrosion control, but recommends (RoY/Edwards) posted to Flint Water Study website

starting phosphate tre11tment as soon as possible

ffintwaterstudy.orgjwp-c0111tent/uploads/201S/10/MDEQ-USEPA· Flnal.pdf

I
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I

fllntWitllt'Cfbblli'HIIne

Flnt Wlttr Mvbcri Tl$1t Foret

1A

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.212 Page 212 of 229

Genesee county Circuit Court places preliminary InJunction on prior Flint water rate MUve (AU(.17, 2015): "Judge signs order for lower Flint water

Augu..t 17, 2015 Increase

nstes, $15.7 million payback" (Fonger)

waswswJc.MtloUnvJeh.ctomml/news/fllnt,llndex.ssff201s{OB/judge_certltlas_d

3/13/161 j

Au ust 8

20 '

2015

"Scrubbed" request

LCR

report

for

Clty

of

Flint

Is

provided

to

ACLU.Miln

reponse

to

FOIA

FllntWaterStudy website (Sep. 30, ZOlS): "COMMENTARY: MDEQ fllntwaterstudy.ol'i/2015/09/commentary-mdeq·mlstakes·

Mistakes and Deception Created the Flint Wat&r Crisis" (Roy)

dueptlon-fllnt-water-crlsls/

A t ueus

23• 2015

Marc Edwards/VIrginia Tech notifies City of Flint and collecting si!lmples for a water quality study In Flint

MDEO. that

VT

has

bqun

E-mail from M. Edwards to MDE"Q7Filnt dated August 23. 2015 1s included In chronological compilation of MDEO. e-malls from FOIA fllntwaterstudy.org/wp·content/uploads/2015/10/MDEQ-USEPA-

resuests (Roy/EdWIIrds) post&d to Flint water Study website

Flnal.pdf

Shekter Smith/MDEtle-malls Ms. Walters updatlna her on findlngs related to

E-in:r.dl from Shekter Smith to MJ. Walters 15 Included In

August 25, 2015 questions at the community meeting and summarizing lead sa mpnng I results at 212 chronoloalcal compilation or MDEQ e-malls from FOIA requests

fFlilnnatlwpadtefrstudy.ol'ifwp-content/uploads/20151101MDEQ·USEPA·

j
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i
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Browning

(Roy/Edwards) posted to Alnt Water Study website

•

Edwards/VT reports flndlnas of elevated lead levels In Its Flint water study; EPA

Au t gus

27• 2015

Region 5 reports to MDEQ that VT study Is flndlna elevated lead levels. 48 samples analyzed were at or above Sppb "Which suggests a serious

52W. of first lead In water

Flint Water Study website (Aug. samples from 48 Flint homes to

27, 2015): •Analysis of water dat& for lead are worrisome"

(Roy)

fllntwaterstudy.org/2015/08/analysls-of-water-samples-from-48flint-OOmes-tD-date-for-lead-are-worrisome/

roblem•

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Mike Brown, GoV. SnYder's senior federal poHey representative, e-malls

Wurfei/MDEQ to Inquire about dbcrepancv In lead levels measured In water In

leeAnne Walters's home. Wurfel replies: "This person Is the one who had EPA lead

Au ust 8

27'

2015

specialist come to her home and do tests, then report (that EPA apologized to us profusely for)

released an unvetted to the resident, who

draft of his shared It with

ACLU, who promptly used It to continue ralslni hell with the locals... (l)fs been

rouih sleddlns with 11 steady parade of communlty groups keeping everyone

Chronological compilation of MDEQ e-mails from FOIA requests (Roy/Edwards) po!ted to Aint water Study website

fllntwaterstudy.orgfwp-content/uploads/2015/10/MDEQ-USEPA· Flnal.pdf

!
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i

hOpped•up and misinformed"

!

Poy/EPA e-malls ShekterSmithfMD£0. re: V1' lciid testiriiresiiltslilFIInt: •'"they are Chronological compilation of MDEQ e·malls from FOIA requests fllntwaterstudy.org/wp-content/up!oads/2015/10/MDEQ-USEPA·

August 28, 2015 finding lead ot levels above five parts per bllnon and some above 15 parts per

(Roy/Edwards) posted to Flint water Study webstte

Flnal.pdf

bllnon•

i
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t

August 28, 2015 Concerned Pastors announce water alveaway ln Flint

Gov. Snyder's Flint Weter time line (released Jan. 2016)

mf.joVJdOi:uments/snyderfFilntWaterlimeltne_FINAL,_S11424_7. £df

1/31/16!

EPA and MDEQ hold conference call: second 6-month monltlonng tesfresultsfor
Auiust 31, 2015 January.Julv 20151ndlcate 90th percentile at 11 ppb. It is determined that ccr is
needed and lmDiementatlon steps are delineated

Chronological compilation of MDEQ e-malls from FOIA requests fllntwaterstudy.org/wp-content/uploads/2015/10/MDEQ-USEPA·

(Roy/Edwards) posted to Fllnt Water Study website

Flnal.pdf

I
3/13/161

WurfeVMDEQ e·malls Busch, Shekter Smith, Prysby and Director Wvani:/MDE~

August 31, 2015 copying Gov. snyder aides Muchmore, Hollins, Murray and Sara Wurfel. Raises

coneems about Edwards/VT's tests and accompanying media coverage

Au ust g

3l
'

2015

Genesee County Crcult water 111te Increase

COurt

certifies

Class

In

cla.sSactlan

lawsuit

on

Sept:

2011

As reported In Bridge Magazine {Feb. 4, 2016): nDisaster Day by Day: Adetailed Flint crisis tlmellne"
MUve (Aug. 81, 2015): "Julfae OICs class action lawsuit for Flint watercu!tomers agalnstdty" (Fongar)

brldgeml.com/2016/03/fllnt-crisls-tlmel!ne-part-3/
www.MUve.com/news7fliiit/inCitx.Sif/20iS708/Judge_certifle$_cl ass_actlon_l.html

3/12/161
!
3/13/16! I

Mayor accepts petition calling for return to DWSD service. Admlnlstratlan August 31, 2015 statements cite lTHM compliance. •water tram the treatment plant Is slanlflcantly
better now and comparable with Detroit's"- Henderson

MUve (Aug. u. 2015): •Fhnt mayor accepts petitions but nat call
to end usc of Flint River" (Fon1er)

www.MUva.com/news/fllnt/lndex.ssf/2015/08/fllnt_mayar_acce pts_petltions.html

I
3/13/161

! Ausust 31 2015 Edwards/VT reports on corrosive lead levels

!

'

~~

19

I PPPM"

MUve (Sep. 2, 2015): • Lead leaches into 'Very corrosive' FD~YIWW:MUve.cOm/news/fllnt,llndex.ssf/2015/09/new_tmtlns._sho

drlnklnawater, researchers say• (Fonger)

:U:IiiliWRP

HJSIIIR.Iilll

• - = ws_fllnJcaWllter.htmt

F F

I; l

41' '

I

LL np•

eumqa

·

Cty of Flint announcos proJected loss from disconnect moratorium and new water MUve (sep. 1, 2015): "Unpaid Flint Wllter bills creating $500,000 www.MUve.com/news/fllnt/lndox.ssf/2015/09/pon_436.html

September 1, 2015 111tes Incompliance with Court order, begins sending bills with reduced 111tes ZIS

budget hoht, officials say" (Fonger) I "fYplcal Fllnt water bill

www.MUve.com/news,lfllnt/lndex.ssf/2015/09/typlcal_fflnt_wate

3/13/161
auJ
i
3/13/161

mandated by Judae Hayman

dropping $18 after ruling on Improper nstes•

r_biU_wlll.htmJ

VT researchers report elevated lead levels In Flint water, communicating that the

! 5eptember

2 '

2015

corrosiveness of Flint water is ca uslng pipes. "".the current Flint River water

lead to leach Into residents' water through leaches 12X more lead to tha water than

Flint Water Study website (Sep. 2, 2D15): •Flint River water is very fllntwaterstudy.org/2015/09/fllnt·rlvers-water-ls-very-corroslvecorroslve to laacf, and c:auslfli lead contamination In homes• (Roy) to-lead-end-causlng-lead-contemlnatlon·ln-homes/

~- --~ ~-· ··~--R!~!E!t~ter" .. ------.. ..

··--···-·------ ------ -------------------------------------------------------------------------------------·--·-··--·-----·---------------------------------------------------------------------3-/-1-3_/1.61!

flln~ Water Crisis Tim aline

FOnt Waw Advboly Tat J'a~m

15

{_

11.

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.213 Page 213 of 229

.Ia

, ... ')•

Date.

···.··~··::···· ···-···:~~·····:7--::;~~nf:-:;:::·~··:::z::;-~:~~.:~:::~7:~:7;;:-~:~·::~;~~·=·::.~;:::~-r::~:.:·::::::;:~;~~:~::::.:ft.~~~etr~~-m~~t·;.:T?·~-::~·:~:.·:·,:·T;'.:~:-"c:;'··~~::;T~::·~·:-'?~~:;:~·~:·:::·:·,s~~~~<;::'·~~~::~···:~: --~:~~:·,::c~:.7.:;~;:,~;~~S,e:cil

Wurfei/MDEQ Issues press release disputing Edwards/Vrs test results and

September

2,

201S

conduslon.s about corrosion and lead leachlng. •(W)e want ta be very dear thut the lead levels belna detected In Fllnt drlnklns water are not comIna from the treatment

Chronolosla~l compilation of

MDEQ e-maUs

from

FOIA requcms

plant or the city's trarwnlsslon Ones... The Jnue Is how, or whether, and to what (Roy/Edwards) posted to Flint Water Study website

extent the drinking water Is lntoractlni with lead plumblnsln people's homes.•

j September 2. 2015 MDEQ notifies Fnnt of ratum to compllance on Dlslnfectlon Byproducts (TlHM) Letter to B. Wrlaht (Flint) from Rosenthal a Prysby (MDEQ)

fllntwatemudy.ori/wp-content/uplol:lcb/2015/10/MDEQ-USEPA· Flnal.pdf
~;erit 43---MDEQd~mentatlorljliOVIcficJtO FWATF Nov.--

3/U/11
j

1
I

5e t b P em er

2 '

2015

Anonymous distribution

company donates 1.500 kitchen water filters to Concerned Pastors to Flint residents, as documented In Hollins e-maH to Gov. Snyder

for

G ov.

Snyder'se-ma11s

( le ed re as

Ja n.

20'

2016)

Se tember P

3 '

2015

Prvsbv/MDCQ CHT!alls Benzle/MDEQstatlna that Oty admlnlstretlon said there be no funding restrictions for lnstalnna corroslun control

will

ChronoiOilcal compilation of MDEQ e-mal1s from FOIA requests (Roy/Edwards) posted to Flint Water Studywebsite

somcsprocf2aovm001.usgovdoudapp.n8fltlles/snyclot%20emalls.p df
fllntwaterstudy.oi'Kfwp-contenVuploads/2015/10/MDEQ-USEPA· Flnalpclf

3112116!!
1
3/13/16!

CiOWFIInt DPW e-malls state imd locel officials announcing that Flmt Is In

September

3 '

2015

compliance with Ml SDWA I
EPA standards. Note eJCpect

reporl160+ lead sample.s since switch, remain wlthln optimization plan wlthln 4 months by 1/1/2016 (faster

Chronologlcel compilation of MDEQ a-malls from FOIA requests (Roy/Edwards) posted to Flint Water Study website

fl!ntwaterstudy.org/wp-content/uploads/2015/10/MDEQ-USEPA· Flnalpdf

than other dtles

September 3, 2015 MUve reports on compliance with TTHM Issues but also notes lead concerns

MUve (Sep, 3, 2015):"LowerTrHM levels put Fnntln compliance wWYI.MUve.comJnews/flln'

with Safe Drlnklna Water Act" (Fonger)

s_moves_fllnt.html

Edwards/VT publishes full results to date of his Flint water testing. "FUNT HAS A

Se tem ber P

8 '

2015

VERY SERIOUS LEAD IN WATER are over five parts per bllllon._

SPeRvOenB~L!EsMam. Fpolertsyapxetreceednetdo1f t0h0epfpirbstadnnd~ownseasmapmlepsle

collected after 45 seconds offlusl\lnz exceeded 1000 ppb."

Flint Water Study website: "Lead testIna results for water sampled fllntwaterstudy.org/lnformatlon·for-fllnt-resldenlS/results·for• by residents• (Edwards, Roy, Rhoads). lndudes link to lead date for cltlzen•testlni·for-lead-3oo-kiU/ all271 residences sampled at that point

Edwards/Vl' o-malls Mivor Willf~ re! lead In water Issue. "I have no idea what September 8,2015 MDEQ's agenda Is, but based on their preu releiiiSes and actions to date, protecting
the public and following Federal laws, does not seem to be a priority."

As reported In Bridge Magulne (Feb. 4, 2016): "Disaster Day by Day: Adetailed Flint crbls tlmeUne•

brldaeml.com/2016/03/flint-crlsls·tlmellne-part·3/

;
3/13/16,
i
3/13/161
I
3/13/16!
I i
3/12/161

Se tember P

9 '

2015

eMxDpHosHuSrebfqolrncshtioldrdeenv,eIlnopreesdpuoanUseOtonaml perdoiagrcaomverne~ggaerdoinf Egdrwedaurdcsi,nIVgTth'seterisstkroesfuleltasd

From MDHHS e-malls posted online

WurfaVMDEQ. a-malls Fcnaer/MUve re: Edwilrcls's test results. Vlrslnla Tech

September 9' 2015

researchers •only just arrived In town and (have) qulddv proven the theory they set out to prove•.• offerlna broad, dlre public health advice based on some quldc testlna

ChronolosJc:al compilation of MDEQ e-mails from FOIA requests (Roy/Edwards) posted to Flint Water Study website

could be seen as fanning polltlcal flames Irresponsibly"

somcsprodZsovmOOl.usgovcloudapp.net{flles/dhhs.pdf
fllntwatentudy.oi'B/Wp-content/uploads/2015/10/MDEQ-USEPA· Final. pdf

3/19/1&1 !
I
3/13/161
I

September

10• 2015

aMctiicohnelIlet nBereucnbeitUolMbeDsHooHnSbee:rfroiarellsthKeOV,YIG!JlrneltlslcThe/cMhDUHnHlvSe:r"sIlf~wfeol'rkes

going to take scandaliZe us

au•

As reported In Bridge Mapzlne (Feb. 4, 2016}: •Disaster Day by Day: A detailed FOnt crisis tlmellne•

Crooks/EPA e-malls Shekter Smlth/MDEQ with notes from Auz, 31. 2015 conference

btldgeml.com/2016/03/0int-c:rlsls·tlmellna-part-:;/-- -··

call re: lead in water. Includes action plan. •EPA acknowledied thet to delay September 10, 201S lnstGIIaUon of corrosion control treatment in Flint would likely cause even hl&her Chronoloafcal compilation of MDEQ a-malls from FOIA requests ffintwaterstudy.olifwp-content/uploadS/2015/10/MDEQ-USEPA·

levels of lead over time as Flint's many lead service Jines are continuously In contact (Roy/Edwards) posted to Flint Water Study website

Flnal.pdf

with corrosive water"

51Ptemb

•

10'

201S

State Senator Ananlthand RepresentatiVes
Flint lead-ln·waler Issue to Wyant/MDEQ

Neeley

and

Phelps

send

quastlons

re:

--ctUOnoloslcal compilation of MD£Q e-malls from FOIA requests-- · fllntwaterstudy.Orii/wp-coiiteriVuploads/201S/10/MDEQ:"U$EPA·

/Edwards) posted ta Flint Water Stu website

Flnal.pdf

Dr. Mama HaMa-Anlsha contacts Dr. Llwrence Reyno!~ · concerns re:

children's blood lead levels In light of Edwards/VT's ftndiniJ. She convenes Hurley

Medical Center (HMC) Research Team. Dr. Reynolds contacts MDHHS Childhood September 11, 2015 Lead Polsonlna Prevention Propam (CLPPP) with data request for Flint EBLU, and Information provided by Dr.Lawrence Reynolds

, Dr. Lawrence Reynolds s tlmellne

3/12/16j '
~~· - - - •
I i
3/13/16!
I i
3/llll~!

contacts MDEQstaffer who states MDEQIs awaiting a letter from MDHHS reprdlna

heelth Issues and action
Robert Scott/MDHHS obtainS Edwards/Vt's pant proposal ta the National Science

l 1

5e tember P

11 '

2015

Foundation for fun dina for MDHHS colleasues Peeler,

his VIrginia Tech I Flint Water Study and forwards Jt to Ushlnski and Priem. "Sounds like there mliht be more to

As reported In Bridge Masazlne (Feb. 4, 2016): "Disaster Day by Day: A detailed Fnnt crisis tlmenne•

brldgeml.com/20l&/03/flint-crisls·1lmellne-part-3/

31121161 1'

this than what we leamed previously. Ylkesl"

,

....S..e. ~.te. .m·b-··e··r·-1···1.~..2..0..1..5..

C~~r~o_Jo_kusn/.E.~P.A~t-s~e.n~.d~s-.e!·~m.~a~U.r.t!o~.MR.D.~EP.Q!Ic!!o~n.!fl~r.m~-l~n-~8I.th?.a~t.9E..P..A....d..i.d....n..o.-t-d--ir-e-c-t-l·y-·t-r-a·n··s--m·-i·t·t-h··e··.

E-·--~~-1-1-~·~···:J--C··r·o-o·k--s-t-o···M· -D-E·-Q··----··--··----····------·

······---·-········A-~t.t~a~~c-h~·m---e·n··t·-4·4·--•·M···D-·E·-Q···d-o··c··u-m--e-n··ta·t·-i·o-·-n..p..r•o•.v.•i.d..e..d•..t.o..•F.•W• ·A··-T·-F···N···o··v··.·

j
........................I

fllnl Watll" Obis Tllnlkl•

Flint Wahlr Advisory Test foll:l

16

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.214 Page 214 of 229

l

Hnalls that City has until end of 2015 to make a recommendation for corrosion

~ i
i

September 11, 2015 control treatment and ere planning to have It In place by JanUIIry 2015. Shakter Smith replies that the Cltv fuu not yet appDed for 11 construction permit to Install

corrosion control treatment and "the balrs In their court•

Chronological compilation of MDEQ e-malls from FOIA requests fllntwaterstudy.ors/wp-content/uploads/2015/10/MDEQ-USEPA-

(Roy/Edwards) posted to Flint Water Study website

Ftnal.pdf

Poy/EPA sends MDEQ a dnsft response to Conaressman Klldee's Sep. 9le~er posing Chronological compilation of MDEQ e-malb from FOIA requests fllntwaterstudy.ors/wp-content/uploads/2015/10/MDEQ-USEPA-

1 September 11, 2015 questl~ns about drinking water quality In Flint. Says EPA Is evaluating Flints

(R :!Edwards) osted to Flint Water Stud website

Flnal.pdf

'

compliance with LCR

OV.

P

Y

!

Mlive reports on EdwardsfVT's statement that results of Flint's lead tests cannot be

I

trusted • that the City's results amount to •smoke and mirrors• due to flawed testing

I I

b
s8ptem er

15 '

2015

procedures. "Flint Is the only city In American that I'm aware of that does not have a corrosion-control plan In place ta stop this kind of problem.n Wurfel's response,

MUve (Sep, 15, 2015): "VIralnla Tech profew~r says Flint's tests for www.M Uve.com/news/fllnt/lndex.ssf/2015/09/vlriJnla_techJese

lead In water can't be trusted" (Fonger)

arc:her_says.html

;

quoted In the article: ''The problem Isn't new.lt's just news (now, and) a knee-jerk

•

I

reaction would be an Irresponsible response.•

'

Dr. Reynolds discusses MDHHS BI'BPh for 0-16 yoa children with Flint malllni

addresses and Ells with two GCHD Board of Health (GCBOH) members (chair Kay

Doer and member Dr. Laure Cerravallah) and management staff- Mark Valacak.

September

15• 2015

Director. Dr. Hvalene-ln

Gary Johnson, Madlcal Director; and John Henry, Environmental an Informal meetlnt. GCBOH chair reads GCHD mission aloud. GCHD

Information provided by Dr. Lawrence Reynolds

1
!
I 3/13/16,
j 3/13/161
,
! ! I
3113116
1
1
1

Dlrectofs responsa: staff and resources to access MCIR data reatstry for lead levels

are not available; also sa)'lit Is Flint DPWs responsibility to Issue a health advisory,

notGCHD's

September

17•

2016

WVantlMDEQ.responds to state that MDEQ. "does not receive or

lawrnakcns'quutlons review draft memos"

(September from EPA

10,

2015)

stating

Detroit Free Press (Feb. 2016): "How Fllnt's WaterCriSis Unfolded• www.freep.comjpagcs/lnteractive$/nlnt-watcr~rtsls-tlmellne/ (Dixon)

EdwardS/VT anea"es In e-mail to EPA officials that Flint's lead simplina techniques

are seriously flawed, "They do not have an approved lead sampfing pool. Only 13 of

September 20, 2015 the lowest lead sampled homes from 2014 were resampled In 2015,The homes Chronological compilation of MDEQ a-malls from FOIA requests

,

sampling hlsh In 2014 were not asked to be resampled. At best, their prosram Is (Roy/Edwards) posted to Rlnt Water Study website

fllntwaterstudy.org/wp-content/upload5/2015/10/MDEQ.-USEPA· Flnal.pdf

1

sending out sampllng bottles at nsndom across the city"

September 21, 2.015 IMsseueetsinwgitwhitwhaCteornqgureaslsitiyonInalFrleinptresentative$, leals!Btori;EPA andMDEQ to discuss

Greater Flint Health Coalltlon (GFHC) views presentation by Dr. Hanna-Attlsha and

MDEQand EPA Briefing on Flint Water· meeting agenda

Attachment 45~ MDECl documentationp..Ovlded to FWATf Nov. 6,2015

passes resolution requesting health advlso:yfor City of Flint. At noon, members of

3/12/l&j
i
I 3/13/161
i
;

September

21,

2015

GFHC meet with then-mayor Wallin;, administrator Henderson Crump requesting action on the resolutiON, HMC research and

and DPW director VA Tach research.

Information provided by Dr. Lawrence Reynolds

Administrator's response: Flint cannot change water sources because of cost, and

the water leaving the plant meets MDECl standards

!

Septembar

22 ,

.,,.015

MeeUns/conlerencecaDlihefclwltfiMDHHS,GCHD,arid.MDEO.todlscusslead education/outreach

E-ma11

summer1z1lli

II ca

discuss1on,

d t d"'-pt b 11 e ..., em er

24 ,

2015

Attachment46·MDE(ldacumentatlonprovidedtoFWATFNov. 6, 2015

I I

5eptember

22 ,

2015

Genesee County Medical advisory for City of Flint

Society

(GCMS)

passes

resolution

requesting

health

1n~ormatlon

ld d prov e

b v 0

r.

La wrence

R ld eyno s

! i

Se te be Pm r

22 '

2015

Dr. Hanna-Attlsha contacts Robert Scott/MDHHS childhood blood lead level testln data

to

request

access

to

the

state's

As reported In Bridge Magazine (feb. 4, 2016): 1Dlsaster Day by Day: Adetailed Flint crisis tlmenne"

brld2eml.com/20l&/03/fllnt-crlsls-tlmeline-part·S/

3113116!1

Mayor Walling Indicates h11 wiU issue "an advisory end promote ways to minimize MUve (Sep. 24, 2015): "Elevated lead found In more Flint kids after www.MUve.co news/fllnt/lndex.ssf/2015 09/study_shows_twlc

1

5ept em

b er

23 '

2015

residents• Attlsha &

exposure to Dr. Reynolds

leadn ••• He end others In Flint Admin advise Dr. Hanna"that a return to purchasing water from Detroit would

bankrupt the dtv"

water switch, study finds" [Fanger) Detroit News (Sep. 24, 2015): "Doctors wam Flint of high lead levels In tap water" (API

e_as_many_flln.html www.detroltnews.com/story/news/locaVmlddgan/2015/09/24/fll nt-plans-advlsory-curblng-exposure-leadm725736/

1
8113116! I

Nancy Peeler/MDHHS, dlrectnr of state's Childhood lead Poisoning Prevention

!

:

Program (CLPPP), corresponds with Scott/MDHHS to consider re-runnllli the September 23, 2015 analysis conducted In July, and asking for formal epidemiologic help. Later that day,

As Da

~:~ertteadliIendBFrlldln~:Mrls:~:1~ln(Fe~b•4'

2016,•.

"Dis st
a er

Da by Y

hrldieml.c:om/2016/03/fllnt-crisis-timel!ne-part-3/

3/13/16J

!

MDHHS offldal Mlkelle Robinson reports that the Governor's Office brleflna

Y

!

l....~. ········~~~-·-···---·--·-·-!'!.!~J.~!!!~~-~~-~.ff~~~~~!:!!..~I!~~.!'E.Y!!P.!:.~~!-'lt!!l::.l!!!!!!!!!!~.te~!'J.Lc.~!!.~!t~~l!!!..T~-----·-····------··-·-·-----..-·-·-·---·--------------------·-----···-·--·······-------··--·----------. --. ----·--·--·---·------------. ·-----------------··---·--j

Flint Water CrlslsTIIMUnt

flint Wet.Ac!Wolyluk fon:•

17

.-, \l

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.215 Page 215 of 229

1 oat,e · ·:····:·-:.::·····-······:-:~·-···· ·_-··· :·;:. ~: ~; :: :_ ·~ ·~·::~' ·:.ji~nt~:·;:}):,:· ~~- ;~:·:·:~: :·::·-:; :::~';::·:J;T~.:~~~-:-·:··:::;::F':::::;~::::::r;:~:~!!f~~-~~;~¥.q~~~(:::;:~:;~::?·?T?~-!"::~~7~-··TT;~~-:;~~r:~::::;~·~~--~~~-~s9.ii~f?'~~;'~:::··:\··~::T~~:\:f.·::~~;~~~c~~~~:1 In the aluence of a rmponso by Rlnt City Admlnlstrlltlon or Geneseo County Health

Department, a press conference Is called by HMC and GFHC momban to advise tho •pediatric Load Exposure In FBnt. Ml: ConcerN from the Medical

September 24

2015

communltyofa

ts HMC'

proson

s

health emeraency.ln press conference,

find!

nas

of

I ed e evat

blood

I Is eve

In

Fllnt

cDhri.lMdreann,a~0Hlalonwnao·dAbttYlsha

' remarks by the GCHD Director Mark Valacak. The dty admlnlstntcr attends.

.,..ommun1.•T..•.

....tlo presen... n

._........-..,dt 0

FDntW .. 11ter

Study··.....·l ..,......,

t e

fllntwaterstudy,orsfwp-content/uploeds/2015/09/Pedlatrtc-Lead· Exposure-Aint·Water-092415.pdf

US News & World Report (5ep. 25, 2015): Polson Its Children?" (AP)

Did This Mlehlgan Town www.usnews.com1,news1,artldas120151,.09/25/filnt·m!chipn-

Wurfei/MDEQ calls Hurley findings •unmrtunate" and says water controversy Is Addltlonallnfannation provided by Dr. Lawrence Reynolds becoming •near-hysteria•; "Aint's drlnldns water b safe In that It's meetlna federal

chlldren-show-hlah-fevels-of-lead-ln-blood

and state standards"

I ! i
3/13/16, :
I I i

Robert scott/MDHHS e-malls collea&Ue Nancy Peeter savtna he has attempted to September 24, 2015 "recreate Hurley's numhl!fS" and sees "difference between the two years... but not

N reported In Brldgo Mapllne (Feb. 4' 2016): "Disuter Day by

bridgeml.com/2016/03/fllnt-crists-tlmellne-part-3/

I
3/13/16!

as much difference as Hurley) did.• u•rm sure this one Is not for tho pubnc-

Day: A detailed FOnt crisis tlmellne"

1

Debbie Baltazar EPA. chief of ~on s Water Division's State and Tribe! Programs
Bnnch, e-mails colleagues re: use of Drinkins Water State Revo!vlni FlUid funding September 24, 2015 for water filters In F1lnt. •Perhaps sha (Hedman) knows all this, but I'm not so sure
Flint Is the community we want ta iO out on a limb for. At least without a better

Vox (Mar.1S, 2016): community we want

tEoPA10emouatilo: n•1.1m1 fsnmobtJrOor-su(NreeFlsloinnt)Is

the

WWN.vox.com/2016/3/lS/11239438/fDnt-epa

I
3/15/16!

understanding of whare aD that money wen~

Edwards/VT a-malls Scott{MDHHS re: difficulty In obtaining state blood·lead records. •can you tell me why It Is so difficult to get th!s data, and why your agency

i
l

s te b
ep m er

24 •

2015

Is raising so many obstacles to sharing It with asking to see your data since MDEQ flrst sent

everyone who It to reporters

asks?-1 have been back In August. and

I

As reported In Bridge Mapzlne (Feb. 4, 2016): •Disaster Day by Day: Adetailed Flint crisis timellne"

brl....".eml.com/20161031mnt-crlsls-tlmellne-part·3/

3/13/16!

count 10 email that 1sent responding to all your questions. As of yet, you have alven

me nothing In response"

Scott/MDHHS drafts response to Edwards/VT but does n01 send tel him: sends to

Se tember
P

25 '

2015

Peeler/MDHHS statements are

for review who recommends challies. Scott •1 agree that his Inappropriate; there are plenty ofthlnp I'd UKE to HY In response,

As reported In Bridge Magazine (Feb. 4, 2016): "Disaster Day by Day: Adetailed Flint crisis timeline•

bridgeml.com/201&/0:I/fllnt-crlsls-tlmellne-part·3/

I
3/13/161

but won'~

GCHD and City of Rlnt Issue lead advisory for residents to be aware of lead levels In Lead Advisory pre.u release; MDEQ e·malls; City of Flint • DPW Attachment 48- MDEQ documentation provided to FWATF Nov.
September 25, 2015 drinking water; City of Flint holds press conference at City Hall reaardlna drinking ~u:: ~~~~~:~~:~~~~Flint makes lead advisory officio~ sumests ~~Uve.com/news/fllnt/lndex.ssf/2015/09/fllnt_rnakos_lead_

water

water filters and flushing" (Fonger)

advisory offl.html

G.Lasher/MDHHS e-mails Governor's Olflce and MDEQ with update on Alnt

5e tember p

25 '

2015

drlnklni water Issue mlnlmWng findings from Or. Hanna·Attbha's •data•; attaches MDHHS talking points to support dalm that elevated blood lead levels In FOnt In

lnduded In Gov. Snyder's e·malls released Jan. 20, 2016 (p. 74, e- somcsprod2govmOOl.usgovcloudapp.net/flles/snyderK20emalls.p

mall; pp. 79-82, MDHHS study results zmd talking points)

df

2014 are consistent with seasonal ehan es

i
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3/13/16J
I
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3/12/1&!
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Scott/MDHHS responds to email from colleague$ about Krlstl Tanner Detroit Free

I

Press's Interest In lead Issue. Tanner has looked at DHS blood lead data between

I

2013-2014 and concludes the Increase ..as statistically slanlflcant.• Scott: -while the September 25, 2015 trend for Mlcb~n as a whole has shown a steady decrease In lead polsonIna year

As reported ln Bridge Mapzlne (Feb. Day: Adetailed Flint crlsb tlmeline•

4,

2o16):

"Disaster

Day

by

by year, smaller all!aS such as the dty of Flint have their bumps from year to year

while still trending downward overall.n Peeler: •My secret hope b that we can work

In the fact that thls pattern'Is similar to the recent past,•

brldseml.com/2016/03/fllnt-crlsls·tlmellne-part-3/

1
3/13/161
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f

Ollef of Staff Dennis Muchmore e-malls Gov. Snyder an update on flint water
Issues. •a can't figure out why the state b responsible except that Dlllon did make

Se tember P

25'

2015

the ultimate decision so we're not able to avoid the subjGct. The real rests with the County, city and tMA. but since the issue Is the health

responslblnty of citizens and

Included In Gov. snyder's e-malls released Jan.lO, 2016 (p. 71/274)

their children we're taSdna a proactive approach puttlna MDHHS out there as en

educator"

somaprod2~vm001.usgovcfoudapp.net/fllos/snydet%20emalls.p
df

L
i
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3/12/16t
i
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Ollef of Staff Dennis Muchmore a-malls Gov. Snyder an update on Flint water

1

Se tember P

26 '

2015

Issues. •Now we have the anti everything can't tolerate lrlcreasod lead levels In eny

group
event,

tumln1 but It's

to the lead content... We reaDy the city's water

system that needs to deal with It"

Included In Gov. Snyder's a-malls released Jan.lO, 2016 (p. 73/274)

somcsprod28ovm0Dl.usgovclaudapp.not/flles/snyder%20emalls.p d1

j 3,,.121161,•

. September 1.___

28, 2015 .... -· --·-·-.

MDEQand MDliHS dlrectors brief Gov. Snyder on potential scope and masnltude of the bsue. MDHHS continues to review blood lead data. Brlefll1i documents support
~~~-~~.~?.!~.~~~--le~~.!f.'l..~~-~~~-t!l_S.~!:'!'t~~~~~-................ -·-· ___

Brktfl~ documents Included In Gov.
~~-~-~~-~~~~-~~~~~----·-..··-·..... ·-~-...

1
~--- Snyder's e-maUf released Jan. somcsprod2aovm001.usgovdoudapp.net/nles/snyder%20emalls.p 3112116:
·-·- -·-·--... ·--·-- ..........._,__..______, __ ..-·-·-·-·. ----..·--·-- ................,_..____ ·-· . -·---· ..• ··--·-·-·---- ....-...........-.........-........!

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.216 Page 216 of 229

t:nuiils' Se tember
P

28 '

2015

Sen. Ananlch sends le~r.to Gov. Snyd~r reque~ing ~slstance In Flint-
safe water supply. corroston control treatment, filters, Infrastructure

transition

to.

l~ci~d~d
85/274)

In .Gov.

S~ydcr'~

r~i~es.~d Iari."lo,.l016.(p,

MDHHS Director NlcJ( Lyon e-malls staffln his department for help refuting VT/HMC

blood lead level data. "I need an analysis ofthe VIrginia Tech/Hurley data and their

conclusions. I would like to make a strong statement with 11 demonstration of proof September 28, 2015 that the Iead blood IeveIs seen are not out ofthe ordlnary and 11reattrlbutcsble to

ADsayr:eApodretetadilIendBFrOidngtecrMisiasgtalmzineelln(Feneb. 4• 2016}: "Disuter Day by

seasonal fluctuations. Geralyn (lasher) Is working on this far me but she needs

. SO~JWOd2go\lm001.~siov~k;~dapp.net/files/snyd~r%iOemalls.p .
df
brJif.a. eml.com/20161103/fllnt-crlsJs.tlmellne-part-3/

!/12/1G! ! :
;
l
I 3/13/16' :

somi!One In public health who can work directly with her on Immediate

j

coneems/guestlons.'"

;:'Is september

28 ,

2015

~=~k/~C:iD
aa eve

Rash~land ~;is/Mr::Hs req~estll~';,fl::lo:at

ve not s own s.6 .. cant creases nee

nt er

water supply -asks aialn the foUowlng day

ADsayr:epAodretetadilIendBFrliidngtecrMisiasptitmineen(nFee•b. 4, 2016): "Disaster Day by

September

28,

2015

Gov. Sny~er Is co~led on a briefing re: Flint lead Issue that states tha water system In compliance. Br.eflng document under-states lead sampling results, downplays

Is

~ Da

re: :OdrteetdallIendBFrOidngtecrMlasl~zmlenleln(Fee•b.

4 '

2016):

"Disaster

Day

by

problems and em haslzes the high cost of replacing lead service Ones

Y

Se tember P

19•

2015

Wurfei/MOEQstates In NatiOJ'Ial was the work ofa "ro ue em I

Public ee"

Radio

lnteJVI2!W

that

Del

Torars

dmft

report

brldgeml.com/2016/03/Dlnt-crisls-tlmellne-part·3/ brllfaeml.com/2016/03/nlnt-crlsls-tlmellne-part·!l/

1
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3113116!:

Se tember P

29 '

2015

Detroit Free Press publls es thelr awn analysis of stllte's blood saying the stab!'s data actually support the HMC findings

lecld

level

data,

Executive Director to the Governor Allison Scott e-ma!ls Snyder aides Muchmore,

September 29, 2015 Aaen, Clement, ~nt/MDEQ and Lyon/MDHHS re: meeting to discuss emergency

brldgeml.com/2016/03/fllnt·crlsls-timeline-part•S/

31131161i•, j
3/13/l&rl

mana ement a roach for Flint situation

La.she~ MDHHS clrctJiates to colleagues an adv~rv from Genesee County that

demands fresh analysis or state blood level data and threatens to seek third-party

SePtember

"" ..,,

2015

analyslsofthestatedata MDHHShasconslstentlyusedtosuggestnoelevated blood lead levels due to the Flint water. ""I understand that we are still reviewing

the data -but the county has basically Issued 11 ransom d8te that they want this

Information by tomorrow• Lasher/MDHHS ~malls Peeler, Eden Wells (state CMOJ, S~ttJM DHHS requestlna

Se tember I'

29'

2015

blood lead data for children under age 6, Response from Unda Dykema to Corinne

to compare with other evaluations. MIDer, Sara LyonCI!IIIa and Eden WeDs

dlscourares "data war"

F rom

MDHHS

e-m

a115

_...._d P-""

It on ne

As reported In Btidge Magazine (Feb. 4, 2016): "Disaster Day by Oily: A detailed FOnt crisis tlmellne•

somcsprod2govm001.usaavcloudapp.net/files/dhhs.pdf brldgeml.com/2016/03/fllnt-crlsls·timeline-part-3/

; I
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Dr. Hanna·Attlsha e-malls Wells/MDHHS with updated findmss on blood lead levels

correlated to WDter supply switch; Wells asks wben Hanna-Attlsha Is going public

with the results. Hanna·Attlsha: "...when we noticed our findings and the alarlns

correlation to elevated water lead levels In the same !OCDtlons and learned that

September 29, 2015 corrosion control as never added to the water treatment, we ethically could not stay From MDHHS e-malls posted onfine

allent. In addition, your annual elevated blood level percentage supports our

findings -annual decrease [as seen nationally) and then an Increase post-water

swltcb. We also knew that releasing our data would only Incite a data war; however,

the more we dig, the mare alarming the results."

September 29, 2015 Gov. Snyder receives a detailed tlmellne for FOnt water Issues prepared by Treasury

Included In Gov. Snyder's a-malls released Jan. 20, 2016 (p.
1021274

somcsprod2govm001.usgovcloudapp.net/fil11$/dhhs.pdf sdof mcsprod2govm0Dl.uaaovdoudapp.nef/flles/snydel1'20emalls.p

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September

29 '

2015

Genesee sup piled

County by Fllnt

Issues Its system

own

public

health

advisory

for

people

using

water

MUve (Sep. 29, 2015): "Genesee County joins city In lssulna health www.MUve.com news/fllnt/lnd'ex.ssf/2015/09/genesee_caunty_

advisory on lead In FOnt water" (FO!Jer)

alsoJssues_pub.html

Mayor Walling forwards Wyant/MDEQ an e-mail from Fr. Phil Schmitter that stcstea: "You delayed your action an this Issue for an Inordinate amount of time. People

I '

were told over and over that It was all ftne._ I no longer trWit the city on this issue. September 30, 2015 And that we have now a le11d problem for babies and children Is unconscionable."

As reported ln Bridge Magazine {Feb. 4• 2016): "Disaster Day by

Walling: "J don't know what mare I coufd have done given the guidance coming Day: Adetailed Flint crisis tlmellne•

bridgeml.com/2016/03/fllnt-crJ.sls·tlmallne-part·3/

3/13/l&i l

from EPA and DEQ and subsequentJv dty stnff but this major health !slue did come

,1

.r-·

up an'!!!.!! and our community Is paying a huge price."

aum.,.,... ~··

•=

nnnz:'=

==m= n

nnnmraY

n-ne

,....,..,....,.,

st

!~...............O....c..t.o...b..e..r...2..0...1..5~-·C-·l-ty-·.o..f..F...l.i.n...t..I.s..s.u...e..s...Q...u..a..r..t.e..r..l.y...W.....a..t.e..r...Q...u...a_l_it_y__R_e_p_o_r_t,_____,__,................................................P_o_s_t_ed__to__C_ity__o_f _Fl_in_t_w_e_b_s_it_e___________.___________________.w9,wl!w!~.c!lYt:y'o!!fIfl?l.n!t?.!c!o.m.9/£wl:p~-~cfo...n..t.e_n_t/_u_p_lo,_a_d_s_/Q__u_a_r_te_r_ly__·W__e_t,e_,_..___________3_/,1_3__/1..&....J1

FDnl Waltr Ctlsll Tlmellne

F111t Watlr AdvlsaiYTa1t Fora

19

\

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.217 Page 217 of 229

State CMO WelLs confirms HMC blood lead level data {shaNins greatly Increased

Octob er

1 '

2015

b'lood lead levels In some Flint neighborhoods). •After a comprehensive and review down to the zip axfe level, we have found that the state analysis Is

detailed

"Blood Lead Levels In from MDHHS e-malls

Rintlalldni Points," posted online

dated

Oct.

5,

2015,

somcsprocl2govm001.usgovcloudapp.net/flles/dnhs.pdf

consistent with that presented by Hurley.•

•

Genesee County Board of Commluioners and GCHD Issue •0o Not Drink" Advisory Public Health Emersencv Declaration ftlr People Uslna the Fllnt Attachment 49 • MDEQ docurm~ntatlon provided to FWATF Nov.

October

1.

2015

for Fllnt water usll'l8 the Flint River as Public Health Emerzency. Aint Mayor

a source; news conrerence. GCHD declares Walling bsues statement on advisory suytns

Cty Water Supply with tbe Fllnt River as the source MUve (Oct.l. 2015): "Don't drink Fllnrs water, Genesee County

6,2015. www.MUve.com/news/fllnt/lndex.ssf/2015/10/ienesee_county_l

FBnt Water customers should filter their water before drlnldng It

leaders warn• (Johruon)

eaders_wam_do.htmtlllncart_rtver_moblle

Oct 0

b er

1.

2015

Private and residences;

public sources donate $105,000 to fund 5,000 water to be distributed to "hlahest risk populations first"

filters

for

Fllnt

MUve (Oct. 1. 2015): "More than 5,000 In Rlnt to get lead water www.MUve.com/newsJflint/index.arhots/10/more_than_sooo

filten following donation• (Adams)

_ln_fllnt_to_aet.html

Oc:tuber

1.

2015

MUve reports that difficult to ldentlfv

Flint Water stares service llne hlghost-rlsk locations for lead

records on ollutlon

Index

cards,

makln1

It

Mllve (Oc:t. 1, 2015): "fOnt data on lead water Ones stored on 45,000 Index cards" (Fon r

www.MUve.com/news/flint/lndex.ssf/2015/10/fllnt_offlclal_says _cfata_on_to.html

Octobe

r

1.

2015

Greater DWSD

FOnt chapter tom

ACLU

joins

petltlon

urstna

EPA

to

order

Flint

to

reconnect

to

Mllve (Oc:t. 2, 2015): "Petition launched ftlr EPA Intervention In Fnnt water crisis" Emery)

www.MUve.com/news/fllnt/lndex.ssf 015 10 areater_fllnt_aclu holds mectl.htrnl

<>=ber 1, 2015 DWSD pro'tltdes proposal for reconnecting F&nt to DWSD system

Referenced In Gov. Snyder's e-malls released Jan. 20, 2016 • 97/274)

somcsprod2aovm001.usaoveJoudapp.ne fil snyder%2011111&11s.p df

Governor's Office, EPA Ruglon 5, City of Flint, MDEQ.and MDHHS hold press

conferencaannounclng Governor's ffint 10.polnt Action Plan to address water

Press release· •Gov. Rick Snyder: Compreherulve action plan will www.mlchlgan.gov/tcm/0,4669,7·192·29701·366287-,00.html

October 2. 2015 system, $1 mUIIon for water filters, and anti-corrosion treatment. Governor's press help Fllnt residents addi'IISS water concerns"; press conference Attachment 50· MDEQ documentation provided to fWATF Nov.

release also says the watar leaving Flint's system Is safe to drink but famines with announcement

6, 2015

lead lumbln In their homes could have hi her lead levels

October

2,

2015

Gov. Sny GLWA vs.

er requests "dear a more optimized

side by slde comparison of heal benefits Flint system• In e·mall to Mucbmore

an

Included In Gov. Snyder's e-malls released JaR. 20, 2016 (p. 102/274)

October 2, 2015 GCHD school screenlna water samples are collected for lead analy31s

Fllnt Community Schools Testing Rmults -Initial Screening

Attachment 51· MD.EQ documentation provided to FWATF Nov. 6,2015

October

6 1

2015

E-malls Indicate Wyant/MDEQ action plan announced Oct. 2

Director

will

update

Gov.

snyder

dally

on

Fllnt

water

lncludeilln Gov. Snyder's e-malls released Jan. 20, 2016 (p. 102/274)

somcsprodZSDVmOD1.usgovciOudapp.natJfllas/snydal1620emalls.p df

October

7 '

2015

State Budaet Director John Roberts the action plan of October 2

outlines

$10.4

million

In

state

aid

to

Implement

Included In Gov. Snyder's e-malls released Jan. 20,2016 (p. 102/274)

somcsprod2govm001.usgovcloudapp.net/flles/snyder%20emalls.p df

October

8 '

2015

Gov. Snyder holds press conference: Flint to reconnect Authority/Detroit Water and Sewerage Department

to

Great

Lakes

Water

Prest release· •Gov. Rick Snyder: Move back to Detroit water provides best protection for public health In Flint"

Attachment 52 - MDEQ documentation provided to FWATF Nov. 6, 2015

October

8 1

2015

Oty of Flint develops Deportment

Its

plan

to

reconnect

to

Datroit

Water

and

sewerage

As reported In a tfmellne produced by the Michigan Auditor General in December 2015

October

8 '

2015

Wyant/MDEQ briefs Gov. Snyder on for lead In water at Flint schools

Flint

water

Issues;

affirms

elevated

test

results

Brleftna materials Included In Gov. Snyder's e-malls released Jan. 20, 2016 (p. 116-121)

somcsprod2sovm001.usaovcloudapp.net/flles/snyder"20emalls.p df

October 8, 2015 Detroit paper publishes editorial crltldzlns causes of/respo113a to Flint water crlsb

Detroit Free Press (Oct. B, 2015): •mnt water crisis: An obtcene failure of government" (Editorial Boardt

www.freep.com/story/oplnlon/edltorlalsf2015/10/08/fUnt-w~ter­
crlsis-obKene-fallure-aovemment/73578640/

Detroit Free Press pubfishes article with detalls on corroslvlty of Flint River water,

October

11 '

2015

based on corroded

vrs study. tho lead at

"The tests showed Flint Water without added phosphates 19 tlmes the rate of Detrolt water. Even whon phosphates

Detroit free Press (Oct. U, 2015): •chemical tasting could have www.freep.com/story/news/local/rnlchlpn/2015/10/10/mlssed·

predicted FUnt's water crisis• (Wisely, Erb)

opportunltles-fllnt-water-crlsls/73688428/

were added, It corroded et 16 times the rote of tho Detroit water." (DFP 10.11·15)

October 13, 2015 MDEQ announces plans for statewide lead education campalan focused on schools

Detroit Free Press {Oct.13, 2015): "Michigan to launch lead educ:adon effort statewide• (HlUfns)

State Legislature a

et 9.35 mil n to elp Oty of Flint pay for return to

October 14'

2015

DWSD water system, water filters, and staff at schools to 111 u1e tead exposure (slined by Gov. Snyder Oct 15). C.S. Molt Foundation pledies another $4 miDion

Detroit Free Press (Oct. 14, 2015): •Michigan House OKs $9.3SM to www.freep.com/story/news/local/mlchlian/2015/10/14/mlchlp

aid In Flint water crisis" (Gnsy)

n-house-cks-91Sm-eld·fllnt•water-crlslsn3932980/

and aty of Flint will provide additional $2 mi!Ron

October

16•

2015

DWSD and Cty of Flint execute reconnected to DWSD system

water

supply

contract,

and

City

of

Flint

Is

lAN01-N394270-Vl·Executed Fllnt Water Aareement DWSD.PDF, Letter to B. Wright (Flint) from Rosenthal & Prysby (MDEQ), e-mail MDEQ Info: Attachment 53· MDEQ documentation provided to from MDEQconfirming disinfection testlna oftransmission main FWATF Nov. 6• 2015

i I 3/13/161
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Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.218 Page 218 of 229

. · ·-· oaie. ··· ··... .... ·,..._,........·-·:·:· ..:·· . :·:. ·;·: ::.:-::···· :'_:·:·.:... . _~:-·

~·,:·.= ·:e~~~i

.:~,.

::: :.~;·T :: :· i.r.-~::::·:~·:· ~>-:i ~:·:~:: :.R.~~~~~;~::Q~~&im~~t-;'·:~:r~~~:~:·:··;:~·-:~ :···:-:·.:::r:~?:~::'~:r~:~;:·:·?;:·:·::·~;··;·.Js~~rf~~:·~~:·.:.{:·:-·:··:::::: :·:;~:.r:~~::;~~.~-:'Pli~'i~<q

October 16, 2015 MDDEQrtmeetst with Flint Schools Superintendent and Genesee County Health epa men

0

tob c: er

16'

2015

EPA announces formation of FOnt Safe Orlnklnr Water Task technlc:al expertise to MDEQ and City of Flint

Forc:e

to

provide

October 16,

2015

Edwards/VT e-malls Wyant/DEO. state legislators and Fnnt residents Welters Mays cltlna lnac~~les InJeod sampRng and communication

and

Information provided by MDEQ to Flint Water Advisory Task Force

EPA press release • "EPA Establishes Sore Drinking Water Task Force to Provide Teehnlcal Expertise to MDEQ and Cltv of FOnt•
Chronological compilation of MDEQ e-malls (rom-FOIA requests (Rov/Edwardt) posted to Rlnt Water Stuctv website

yosemlte.epa.eov/opafadmpress.nsf/O/A92DE629DB86E666852S 7EEOOOS79593
filntwBtentudy.OfB!wp-cOCltent./uploads/2015/10/MDEQ-USEPAFlnai.Ddf

October 16, 2015 MDEQ approves GCDC Water Supply System permit for new 3()-mad WTP

MDEQ Permit W151o99

medla.w!x.com/ugd/60e74e_dc3d4Sbf3fd-5418tbb6ec:6Sd0ad974 13.pdf

Dotrolt News (Oct. 19, 2015): "Michigan DEQ vows c:henaes In Flint www.detroltnews.com/storv/news/envlranment/2015/10/18/de

MDEQ Director Dan Wyant Issues statement nylng his office was mistaken In how It water crlsts• (Lynch)

q-mlstakes/74198882/

October

18'

2015

Interpreted federal rules rovemlng corrosion control for water systems the size af Fllntl also says ODWMA chief Shekter Smlth Is betna reasslaned ta help with FOIA

MUve (Oct. 19, 2015}: "DEQ c:hlaf nvs state wed wrona federal water rules In Flint for 17 months• {Fonaer)

www.MUve.com/news/fUnt/lndi!X.SSf/2015/10fstate_deq_mnt_s hould_have_be.html

requests, and Is being replaced by Interim chief Jim svao

MUve (Oct. 19, 2015): •oeQ replaces water omc:Jar after state www.MUve.com/news/ffint/lndex.ssf/2015/10/top_,state_water_

acknowledges 'mistake' In Flint• (Fonger)

officlaiJepla.html

U.S. Rep. Dan J<lldee, D-Filnt, and state Senate Minority Leader Jim Ananlch, D-Rlnt,

"

october 21, 2015 Issue separate letters to Gina McCarthy, EPA Administrator, requeJtlna federal

MUve (Oct. 21, 2015): Klldee, Ana.."lch call for federal

review of MDEQ's oveglgbt ofwater treatment

lnvestlptJon Into FUnt water crlsb (Fon;er)

www.MUve.com/news/ffint/lndex.ssf/2015/10/klldee_ananlch_ca ll_for_federa.html

i
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3/13/161
3/13/16!
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EPA's Flint Safe Drinki111 Water Task Force ptOVliles-MDI:Q With technical comments Posted to EPA website October 21, 2015 on Draft School Sampling Protocol

www.epa.gov/ml/fflnt-safe.clrlnldng-water·task·force-actlvltles

Press release· "Gov. Rlelt Sn\idei' announces Flint Water Task Force

Octob

Gov. Snyder announces formation af Flint Water Advisory Task Force to cornpJete an to ravtaw stm, federal and munk:lpal actions, offer

mlchlaan.sov/snyder/0,4668,7-277-367761-,00.html

11r 21, 2015 After·Actlon Review

recommendations•

www.freep.com/story/news/polltlcs/2015f10/'l.l/task-force-

Detroit Free Press (Oct. 21, 2015): 'Task force appointed to

appolnted-examlne-ftlnt-water-controversy/74342628/

:ott Octab1tr 22, 2015

oamlne Flint water cantroversv" (Grav)

paper publishes column on MDEQ's •stunnln&lndlfference" to Flint water

Detldt Free Piess(OCt. 21, 2015f:"MDEQe:m811s shOw stunning www.freep.com/storv/opinion/COfumriiSts/nancy-

Jndlfference to Flint peru• (Kaffer)

bffer/2015/10/21/lndlfference-characterlzed·state-approac:h-

FOIA'd Information Is also provided on Flmt Wat~ Study website fllnt-watern4289430/

1

October

23• 2015

EPA's Rlnt SafeDrinking WetefTaSi Flint Corrosion Control Plan

FOrce

prOviC!es

MDEQ

technlc:al

c:cimments

on

Included OCl Safe Drink!~ Water Task Force list of activities, DOSbd to EPA website

www.epa.aov/ml/fllnt-safe-drlnkins-water·task.fon:e-ec:tlvltles

i !

Octob_er..2.6'

2015

Forinar Flint EM Earley Issues River as supply source wu •a

statement to MUve local decision made

clalmlna declsmn to switch by local c:lvlc leaders"

tO

FOnt

MUve (OCt. 26, 2015): •EJc-emersencv manaaersays
made dedslon to use Fllnt River wate,- (~11ier).

locaiJeadan

- www.MUve.c:omJnews/fllnt/lndex.ssf/20iS/10fex· emergency_menaa~-~ loc:e.html

Oc:tober 28, 2015 ~~~:;:ues construction permit for addltlonal corrosion COC'Itrol treatment

MDEQ Construction Permit W1Sl104

~;ent S4 • MDEQ documentation provided to FWATF Nav.

3/13/16- 1' 1
l 3/1/161I
I
3/13/16! ~
3/13/16! I

October 30, 2015 MDEQ notifies Flint reprdlf18 corrosion control treatment operation

Letter from Prysby/MDEQ to Glasgow/Flint

,AI Fll

October

30,

2015

EP"s nt sare Drinklns Water Task Farce provides FOnt Corrosion Control Permit and cover letter

MDEQ

technical

comments

on

Included an SefC Drlnlcln& Water Task Force list of DCtivitios,
DOSted to EPA website

Attachment 55 • MDEQ documentation provtdeatoFWATF Nov. 6, 2015 www.epa-~GV/mllfllnt·safe..drlnldn&-water·blsk-force-actlvltles

i i
I
3/13/16!

! October 31, 2015 Fllntsends letters to parents provldlna recommendations ofGCHD and MDHHS

= • • - f.;

,

! pol~lng i

01
Ml National Action Network (NAN) calls for special court for offenders who

November 2, 2015 consumed water contaminated by lead

In Flint. Governor's Office notes

MUve (Oct. 31, 2015): "Letters to be sent to Fllnt parents with www.MUve.cam/news/filnt:/lndex.ssf/2015/10/letters to be sen

Information on lead wtlng• (Emert)

'"".:a:-!IJnLPa.html

-- -

•

**

MUve (Nov. Z. 2015): AI Sharpton araup wants new Ffint court for www.MUve.com/news/fllnt/lndex.ssf/2015/11/al_sharpton...BrGll

: J1
~ I

i

work of Flint Water Advisory Teslt Force

possible lud polson victims• (Fonaer)

p_wants_speda.html

3/13/161

I

EPA to conduct •tun review of acUons taken to address cfrlnklna water quality luues EPA ftetilan s press release: •EPA Region 5 to AUdit Stateof

November

3 '

2015

In Fflnt,• with results bV end ofweek of MD£Q's drlnklns water program, which

Nov. "will

2nd (MUve). EPA also will audit take several months• (EPA prw

Mlddpn's Drlnldn& Wab!r Proaram•
MUve (Nov. 3, 2015): •u.s. EPA will conduct 'full review' of Rint

release)

water CflsJs• (Fo11ier)

yuHmll.uL s.apo-~sg•y• /~ gP-•t.•_u...m. preu.nsf/aS792a626c8dac098S25735 900400c:2d/9e26559c4478e1cb85257ef90061718310pen0ocume nt www.MUve.com/news/ffintflndox.ssf/2015/11/us_epa_tells_klld ee_lt_wULca.html

EPA releases memo lndlcatlna dlfferina possible Interpretations of the LCR with •Lead and Copper Rufe Raqulrements for Optimal Co:raslun

www.e~.sov/sltes/produet!Dn/files/2015-

:
i
-J i

November 3, 2015 respect to how occr procedures applv to thls sltu11tlon (new water source/new Control Treatment for LBrae Drinklnl Water systems,• posted to 1l/doc:uments/oc:ct_req_memo_slgnedJL2015-11-D3-

3/13/161

water treatment)

EPA website

155158__508.pdf'

'j ---N--o·v·e·m-b-e-r---3--2-D-l·S~-K-a-r-e-n~W!le£a!v~e~r_dre_f?eta~t~s~I~n-c-u-m--b·e-n-t-D-a-v-n-e-·W--a-ll-in-s--In--F-li-n-t-m-a-y-o--ra-l-e-l-e-c-ti-o-n-;-t-a-k-e-s--·-!!M'O!'v.e!(!Nlo1v1.!3!,1210!1Y5!)':t•.K:Jar~e~nLW---ea-v-e-r--u-n-s-e-a-ts--D-a-y-n-a--W--al-li-n-g-t-o-··· wakwews.JML~U~v~e!.c~o~mL/n-e-W--S-/i-1-in-t-/l-nd-e-x-.s-s-f/-2·0-15-/-1-l/-b-re-n-_-w-e-a-ve-r-_-m--··-3-/-1-3-/l-S'!

Rinl WmrCrbiJTlm.&.

Flrlt waw AdvlsoryTIJic FoJce

21

\. ,-,. 6

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.219 Page 219 of 229

~~· .,,_, ·~

i ~

EPA Issues "Final Report: High Lead at Three ReJidences In Flint, Mlchlaan"·lncludu November 4, 2015 Information June 241nterlm Report, with personaiiD/haalth Info redoctod'

"Final Report: High uad at Three Residences In FUnt, Michlgan"; transmittal from T. Hydzt/EPA to J. Svso/MDEO.. posted to ACLU·MI

7t~~md~h.ors/sl.tes. /d.ef.a.ul.t/f.l.l.es/R.e.d.a. .ct.e.dt£·.2.0E.P.M.'20.me.m

..

. !

3/13/161

website

0•

·P

1

1 1
Ii November 4, 2015 DEQ authorizes a permit for Installation of corrosion control at Flint WTP

MUve (Feb. 17, 2016): "flint water crisis unfolds In key officials' emalls throush the years• • provldSJ screen capture of c-maU
referrlna to permit authorization

www.MUve.com/news/fllnt/lndax.ssf/2016/02/see_fllnt_water_c rlsls_unfold.html114

, 3/U/1&!
1

MDEQ releases water testing data from nearly 400 homes and businessliS as well as

November 9, 2015 scbools; press release says tests Indicate lead problem Is related to lndlvldulll

Included In Gov. Snyder's a-malls released Jan. 20, 2016 (pp. 200. somcsprod2&0Vm001.uqovcloudapp.net/flles/snyde"'20emalls.p

! '

bulldlngs or faucets. not svstem·wlde

206/274)

df

3/U/161

EPA

announces Intent
,

to

audit

State

of

Michl.".".n'1

drlnkl118

wa t

8

r

program,•

wIll

!l November 10, 2015 examine MDEQ slmplementatlon of SDWA and related rules on lead and copper, total coliform, nltrate.s and ground water

.

MEPlAchRiSeSsnlo'snD5ripnrkeisnsgrWeleaateser:P"rEoPaAraRme•alon 5 to Audit State of

11 MUve (N
progr11m

~• •0

o10w•1n20s1F5ll)n··t"1E8P8Ad

to dlt Michl lalsu. (Fo ga)
cr 5 nger

n

dr1nleing

t WB er

yosemlte.epa.aov/opa/admpress.nsf/aS?92a626c8dac09852573S 900400C2d/9e265S.9..-.u..78elcb852S7"--1D" 051718310penDocume nt www.MUve.com/ntiWS/flint/lndex.ssf/2015/11/epa_saysJt.,wlll_ audlt_mlchlp.htmlmnca sto 11cb e

Novaznbcr 10'

2015

EPA's Flint Safe Orin ns Water Task Force meets In fllnt with Rep. ICIIdee and City or
FOnt officials to discuss technical Issues wlth optimization of corroslon control ·

Included on Sate Drlnklna Water Task Force posted to EPA website

lsl of activities,

www.epa.sov1rrd/fll

nt·safe..drlnlcln1-wete~·

t

a k·fo 5 rc

H

ctiVItl 111

Mlive publlshu article Indicating City of Flint certlfh!d that most water samples

November

12•

2015

came from
potentially

homes at hlgh risk for lead, but other records Indicate most did not·
leading the city and state to underestimate for months the extent of

le11d

MUve (Nov. 12, 2015): "Documents show about testing for lead In water• (Fonger)

Flint

filed

false

reports

www.M~om/news/ffint/lndex.ssf/2015/11/documents_sflow
_clty_flled•.fllls.html#lncart_story_padcaie

pollution In tap water

November

13,

2015

Fllnt famulu ne81laenee

file

rlidarallawsult

accuslna14

state

and

local

offlclali

of

Intentional

Detroit Free Prus (Nov. 13, 2015): "Mar Flint Water Crisis,
FamiOet File Lawsuit" (Bethencourt)

wwwJreep.com}stDry/news/iocaVmlchlaan/Vl1S/11/13]aft.er· mnt-water-crlsls·famllles-flle-lawsult/75744376/

Genesee eo. Dept. of Health andMiChljan MDHHS announce they are provldlng

November 13, 2015 resources to educate Fllnt res\dants and primary care providers about lead and what Mlive (Nov.U, 2015): "County Health Department. state partner www.MUve.com/news/fllnt/lndex.ssf/2015/11/county_hR!th de

people should do to protect thenuelves

to educate Rlnt area on lead" (Johnson)

parunent_state.html#lncart_story,..Pacbge

-

November

13'

2015

Ml Board of Canwsscrs rejects petition filed by Anaelo Scott Brown recall Gov. Snyder, alleslna he Is responsible for Flint water crisis

of

Detroit

to

·

15 I
~

Nove;b~~~3
'

20

ClanactiOn lawsuit Is filed aaatnst Gov. Snyder, State Of Mlcfttpn 11nd Vllrious city
and state emDiovees on behill af Mellssa Mavs and other Flint residents

MUve (Nov. 13, 2015): •Board rejects patftll)n seelclna to recall Mlchlaan Gov. Rick Snyder" (OOttlnB)
case Is flied In u.s. Dlstrll:t Court, Eastern Dlstric:t of Michlpn

VNM.MUva.com/lamlng· news/lndex.ssf/2015/11/hoard_rejec:ts_petltlon_toJeca.htmtlt!nc artJiverJndex
fllntwaterclassactlon.com

1 3/13/16;
I
!
31131161!
1
31131161!
1
!
3113116 I
3/13/161
I i
3/13/161
!
3/13/16i

November , ACLU Mlchlpn, NRDC and Concemod Pastors for Social Action announce Intended Press relmlse and notice posted to ACLU.MI website.

www.aclumiCh.orilartlcle/hlnt-rcsldents-sue-c:lty·stute-OV&r-lead-

16 2015 federallawsult against C1ty and State officials over the Flint water crisis

MUve (Nov.16, 2015): "AC.U, natlonlllac:tlviJts Intend to sue Gov. drlnldng-water

Snyder, Flint over laud In water" (FaJ1iert

www.MUve.com/news/fllnt/lndex.uf/Z01S/11/nrdc_aclu_flle_no

tlee_to_sue_s.htmllftncartJlver_lndex

November 16, 2015 Howard Croft resi!JU as Flint DPW director

MUve (Nov. 16~2015): •Howard craft. Flint offfclil responsible for www.MUve.com/news/fllnt/lndex..s.sf/2015.

wateroverslaht. resllmS" (Fonaer)

t_offidalJe.htmllllncartJiver_lndex

November 17, 2015 MDEQ provides Flint drlnklna water Q&A to Fllnt Water Advisory Task Force

Q&A documi!Sit d2tted Nov.16, 2015lncluded In Gov. Snyder's e- somcsprod2aavm001.usaovcJoudapp.net/fiteS/snydiriUoemalls.p

malls released Jan.lO, 2016 (pp. 217·235/174)

df

November

18,

2015

Elected C011ncll

omclals end activists te.stlfy regarding Fllntwetercrlsls

before

USEPA

National

Drlnklna

water

Advisory

MUve (Nov. 18, 2015): •story of Flint water crisis, 'failure of govamment.' unfolds In Washington• (Fonger)

www.MUve.com/news/ffint/lndex..ssf/2015/11/storv_of_fllnt_wat
er_ctlsls_fa.html#lncart_storv__~~ac:kage

i
3/13/16l
i
j
3/13/161
3112116:!
!
3113116•

November 19, MDHHS releaset data on October 2015 blood lead levels; 14 of 963 adults and 2015 children tested had elevated blood lead levels In October

November

12.

2015

Detroit Free Press approve W/A and

reports on Governor's office's Involvement In c*lslons to to use FOnt River water far Cty of FOnt water supply

November

23,

2015

F11nt City Council approves $9D7~5(fcoi1UicteXI:eiii!Oil-tor enaJneertng company lAN to prep11re Flint WTP for treatl!!ll Lake Huron water from KWA pipeline

E-mail from MDHHS to Govamots Office, press releaSeend talldna points Included In Gov. Snyder's e-malls relcoscd Jan. 20,2016 (pp. somcsprad2iovm001.uqovcloudapp.net/files/snydd20emalls.p

207-216/274'

df

DetrolfFrei PreulNO\t.-22, 2015): "Flint water mystezor. Howwes

decision made?" (Eaan)

Detroit Free Press (Nov. 21, 2015): •Afuwers prompt more

questions In Flint water crisis_"_(Kaffer)

lcaffer/2015/11/21/fllnt-water-crlsls.

MUve (Nov. 23, 2015): •Engineer gets $907,000 contract add-onto www.MUve.com/n

~J)IIre Rlnt for KWA water" (Fonger)

7000_contrad.html

3/12/16!
I
3/13/161
!/13/16j

EPA's fllnt sate brlnld,. Water Task Fon:e releiiSes comments on Fllnt's residential

November 23, 2015 lead and copper sampling instructlans; esrees with Del Toral that prc-flushlna

Comments posted to EPA website

should be removed

VNM.epa.gov/ml/ffint-safe-clrlnldnf-water-task-force-commentsffints-resldentlal-drlnklf11-water-lead-capper

l/1 /l&l
3 Ij

1l--N-o-ve-m-b·e-r·2-5,-2-0-1-6-rE·ePc·Ao-'ms-Fm-li-enn2td!Da!rti'~lnok~nin~sg~ow-n~asartmetrp!TD!enJsgk.pF~ro~ortc~ce-cra~el~l,eo~ap~see-rseaPt!irnleal!imp.ri.onccaer!yd!uA~rse!ss-e,s-cso-mr-reo-nst-i,o-wn-ict-ho·n-tr-o-l ---w•-tee-ba-sdi-tIe-n-D-ri-n-ki-n-g-W-a-t-e-r.-P·r·el-im-i-n-ar-y-A-s-s-es-s-m-e-nt-,"-p·o-s-te-d·t-o-E-P-A--dw-rwl-nw-ld-.ne-gp--aw-.aa-ot-evr/--mp-rl-e/fl-lllm-n-t!-n-saa-rfy-e---ads-rsl-en-sks-lmn-ge--nw-t -at-e-r·-w-k-·f-or-c-e--d-r·af-t--le·a-d-· -----31-1-3-1-16-ij

Flint waur CrbbllrHIIne

Flint Water AdWG!yTISlrF~

l2

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.220 Page 220 of 229

·-·-· ·· ··.· ··... :··.·· ·:···: ··:·:··:.·_,..· ·:·:· . :·-:' . ?::·:?· ··.: . ·.-·.-:;:·: :·:_· r:··-···-:···o~,~-·

:·~- -~·:

~-

··--···eva:r."t:··~"'::·:~:-·::·::·:·-~~~- r~:~:~:~~~r-:~·:y~::::·.: :·.·~-~~- ~:;·.~;

::_-~;;~\~~r~·~-n~e:~~e~m:~nF::·:-~T~~:-:::.·~···:-~ ::.~-~~-- :·r~·-::-~c;·:.:~:-·:::::;:··0·;-~~.il~~s-::~~-:::~:-:: ::.~· ·:·.~:··,·-~--~~::··~~A~~~s~irl

! !

November

25 '

2015

Harl111 held on whether City has reduce water and sewer rates

violated

Genesee County

Circuit

Court order

t~:~

~

h~:~w City or Flint In talks with state and federal regulators ttl determine lone Flint

!il

December 2015 wlll be required to practice treating water from a new pipeline before selling It to customers

MUve (N~v. 25, 2015): "Flint water customers say no change In www.Mllve.com/news/ffint/lndex.ssf/2015/11/filnt_reslden'h_te

bills, des 1te court order" (Ridley)

stlfy_on_wathtml

MUve (Dec. ll, 2015): "FlintIn talks with==:~:ath of~.MUve.co:;ews/fiint/lnd:.:::;;,12/fllnt:::;;::~;~:u

test run with KWA water" (Fonger)

h_regulzltors.htmltllncart_story_paclca~

! 3113116 I 1
,, ., 1
3'I 1..1161
1
.

j

Dr• Edward$ makes presentation at Hurley Medical Center sbltlng that Flint's water MUve (Dec. z. 2015): "Fhnt water still unsafe without lead filters www.M Llve.com/news/fllnt/lndex.ssf/2015/12/load_levelsjn_fll

i December 2, 2015 Is still not safe to drink without filtration In some areas; Mayor Weaver presents him rot:

• (F )

' nts_water_st.html

I

with a Certificate ofA preclatlon

P essor sa'fJ onger

f· 9/13/16[
1

December

3 '

2015

Ml Board of Canvassers again rejects petition filed to recall Gov. Snyder; Brown sevs he will try egain

by

AngelO

Scott

Brown of

Detroit

Detroit Free Press (Dec. 3, 2015 : •push to recall snyder over Flint water crisis stalls" (Egan)

State reports that blood lead levels In Flint children have dropped, with tho 111te

December

4
'

2015

felllni to 3" of children under 6, based on results from 1,361 children. Dr. Hanna· AWsha: the most recent data does not capture past exposure, so It provides limited

Detroit Free Press (Dec. 4, 2015): "State says blood..feed levels In Flint kids have dropped• (Erb)

Information on the population's real exposure

www.freep.com/t.t.ory/news/IOcal/mlchlgan/2015/12/03/ffint-kldsraad-levels/76746474/

I B/13/16!:
I

December

4 '

2015

EPA's Flint Drlnklna Water Tuk Force drlnklns water sampllng protocol

releases

comments

on

MDHH5

residential

Posted to EPA website

James Henry/GCHD recapped events over severe! months In en e-mail to other Detroit Free Press (Feb. 9, 20161: "Flint a-malls: CDC voiced

l December 4, 2015 county health officials and singled out a spedflc state health department official he concerns over legionnaires' actions• (Dolan, Anderson, Egan,

said had sabotaged their Lsgloneila Investigation

Wisely)

j,

WW\V.epa.sov/sltes/product:lon/files/2016-01/documents/rtf· 4_taskJorce_comments_on_mdhhs_resldential_sampllng_protoc o1_12-4-1S.pdf
www.freep.com/stJJry/news/local/mlc:hlgan/fllnt--water· crlsls/2016/02/09/fllnt--e·malls--state-clty.appear·unable-sharelnfo/80028820/

I
3/13/16!
I
!
i
i
m>/161

Tama111 Brickey, GCHD public health division dlrector, e.malls other county health
officials that "the state Is mekina clear they are not practlclna ethical public health December 5, 2015 practice" re: Lealonella outbreak. "Now evidence Is cleerly pointing to e deOberate
cover-up." In my opinion, Ifwe don't act soon, we are golna tiJ become sulltv by
association."

Detroit Free Press (Feb. 9, 2016): "Flint e.-malls: CDC voiced concerns over LeS'Ionnalres' actions• (Dolan, Anderson, Fgan, Wisely)

www.freep.com/story/news/locaVmlchlgan/ffint-water· crlsis/2016/02/09/fllnt-e-malls--state--clty-appear--unabiHha,.. lnfo/80028820/

FWATF sends letter to Gov. Snyder recommending proJect CDOrdlnatlon framework December 7, 2015 for Flint water crisis mitigation, wlth single-point management, goals, tlmeline, Letter posted otlline by MUve
responsibility assignments, contiJigencv plannsln and communlcatl~:~n

madla.MUveD>m/newsnow_lmpact/other/FWATPJUOJett~20t
oY.20Govemor%20Snyder.pdf

December

8• 2015

Testimony continues In hearing on whether City Court order to reduce water and sewer rates

has

violated

Genesee

County

Circuit

MUve (Dec. 8. 2015): •Daughter's Flint Willer rate haarma" (Ridley)

piggy bank makes appean~nce

In

www.MLive.mm/news/fllnt/lndex.ssf/2015/12/daughters_piiBYban makes 11 p.html

l
1/31/161 i !
I
3/13/16!

MUve (Dec. 9, ZOlS): "Flint admlnlst111tor says city plans ttl add www.MUve.com/news/fl!nt/lndex.ssf 2015 1 ftlnt_admlnlstreto

December

8 '

2015

Mayor Weaver holds first Town Hall meeting; Flint C'Jty Administrator Henderson announces plan to sla rt Independent testing for lead In City of Alnt water supply

thlrd-porty water testlna• (Fonger)

rJays_clty_l.htmii#Jncart....rlver_lndex

MUve (Dec. 10, 2015): •fnnt will pay for Independent water tests, www.MUve.com/news/fllnt/lndex.ssf/201S/12/fllnLwlll_pay_fot

added pho hate treatment• Fo er

_lndependent.htmJ

3/13/16!
i

December 9' 2015

City of Flint starts adding supplemental phosphates to water purchased from City of Detroit In an effort to rebtllld protective coatlns In tnlnsmlsslon lines

MUve (Dec. 9, 2015): "Flint officials say they've boosted corrosion control agents in water" (Fonger)

www.MUve.com/news/fllnt/lndex.sst: 2015 _theyre_boo.htmllllncart_rlver Index

mnt_officlals_say

MDEQ Issues report finding lead In plumblng system at Brownell STEM Academv •

December

10'

2015

one ofthree school quotes from Wurfel

buildings that tested above federal Omits for lead. Includes attrlbutlna blah lead levels to "old ti!lucets and drinking water

fountains•

MUve (Dec. 10, 2015): •More lead In plumbing round at Fnnt's BroWneD school, state report says• (Fonger)

www.MLive.com/niiWS/fllnt/lndeusf/2015/12/stataJeport_lden tlfles_more_Lhtml11lncart_riverjndex

!
3/13/1&!
I

2471 December 11'

2015

MDHH5 releases latest results from blood lead testing conductlld In Flint since Oct. 1. 39 of 1,386 adults and children had elevated blood lead levels since Oct. 1, 2015

rnctu~!~)1n Gov. Snyder's e·malls released Jan. 20,2016 (pp. 246,.,..

mlchlpn.Kovfmyder/0,4668,7•277_367761_, 00,html

3/U/16!
I

Dec:ember 11 2015 Former Flint Mayor James Sharp calls for federal Investigations Into FDnt water ' controverly

Detroit Free Press (Dec. 11, 2015): "Former Flint mayor wants felb www.freep.com/storv/news/local}mir.hlsanh015/12/10/former·

to probe lead In water" (Egan)

flint-mayor-wants..feds-probe--Jead-watermosso24/

3/13/16l

Flint Mayor Weaver declares stete of emergency In Flint- the first step In pursuing MUve (Dec.lS, 2015): •Read Flint mayor's state of emer,encv

,

December

14,

2015

a federal disaster decla~tlon. Declaration says the damqe done to FHnt children lead exposure Is Irreversible, creating need for Increased spending on special

by

declaration on water crbls" The Guardian (Dec. 15, 2015):

"Flint

mayor

declares

'manmade

www.M Uve.com/newsfnlnt/lndex.s.sf/2015/12/reod_fllnt_mayor _lcaren_weavers.html#lncart_rlverJndex www.thqwrdlan.com/us-news/2015/dec/15/mlchlgan-mayor·

! 31131161

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a

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.221 Page 221 of 229

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. .. ......:-~~:..~---.~~,·-.-:··:EWijr::,~;:·;-.::·~::;:~:·;·.~_,:;::.::~·:·.~:~.;~.??r:_·,·::·:·::;::;Jr;;;T;t;;:~::;n·_,:·::;:~~~~;~r.•~'i~~~w~~~~j~~~i:;::~;:'.;~):;:~.:: _?:::;::_;:?::?;:~~Y2~·~7~:':;:·:~·~c;~~~~:;;~~:::.!;.:;:r~~;.,~:;~~~;;~;:;:::;~~~ed:)

December

14'

2015

FEMA sends 28,000 liters ofwater to Food Bank or Eostom distribution to partner agencies to serve Flint residents

Mlchla:an,

for . _

MUve (Doc. 14, 2015): •fEMA .sends 28,000 lltars of bottled water www.MUve.com/news/fllnt/lndex.ssf/2015/12/fema_sends_thou

to Flint amid lead trollbles"

_ _ ~ds_of_cases.html

3113116!l

Gov. Snyder Issues response to FWATF's Doc. 71etter, naming Harvey Hollins,

Letter dated Dec.lS, lOIS posted an!Jne by MUve

December 15, Z015 director of Office of Urban lnltlatiVes, to lead Flint water crtsb response, with Chris MUve (Dec, 17, 2015): •Read letters from sovemor, task force on

DeWitt supportlna communications

Fllnt water crlsts• (Fonger)

December

16,

lOlS

EPA's FUnt Difriklna Water Task Force water treatment prior to switching to

rateasasiecommendatlons KWA source

on

Flint

drlnklna

-----

-~--

---· --·-

medla.MUve.com/newsnow_lmpact/oThcr/1S.U:15~0Filnt"20 Task7&20Fo~Letter.pdf
www.MUve.com/ncws/fllnt/lndex.ssf/2015/12/read_lettersJrom overnor_tas.html#lneart_rtver_lndex
www.e'pa..ov/ml/ftlnt-nfe:drinking~ter-task•force-
re.ccmmendatlons·reaerdlng·filnt-drtnldni-water-treatment

I
3/13/16!
I
I
3/13/16i

!---!i December 17. 2015 FWATF bsues press release re: Iotter to Gov. Snyder end reJponse

Press release described In MUve (Dec.17, 2015): "Gov~mor's task f(oFrocnegoern) FUnt water crisis re!Rses early recommendations"

www.MUve.com/news/fll~~n~~f/20lS/ll/sta;

OCLmnt_wate.h._..,......,,ncart,_.",".'er_1ndex

-

task•.fon:e -

1
3/13/16! 1

'

National medla coverage of Flint water crisis· e.g.: MSNBC's Rachel Maddow Show MSNBC ·Rachel Maddow Show (Dec. 19, 2015): Mfllnt toxic water www.rnsnbc.com/rathel-maddow-show/Witdl/toxlc-water·

December

17•

2015

report on Flint water democratic policies";

etbls places blame on Governor's Offlce and "radical, The Guardian (US edition) article describes Interview

antj. with Dr.

trqedv points dlretUy to Michigan Gov. snyder" The Gu21rdlan (Dec.17, 2015): "Flint's 'toxic soup' polluted water

trall!d'I"Polnt:s-dlrectly-to-snyder-588535715518 www.theauardlan.com/us-naws/2015/dec/17/fllnt-polluted·

Hanna-Attlsha

worse for children than thought. doctor says•

water-toxlc-lead-chlldren-at·rlsk

i
3/13/16!
!

GcineJee CountY Board01Commllslonen Chairman Jamie Curtis iends letter to December 17, 2015 Mayor Weaver saying he Is authorized to forward Rlnt's request for disaster
declaration to the Governor's Offite

MUVe (Dec. 18, 20l5): "Genesee County chairman says he can send Flint disaster request to governor" (Fonaer)

www.MUw.com/news/fllnt/lndex.s5f/2015/12/aenesee_covnty_ board_chalr_say.html#lncarvtorv_pacJcaae

I
3/13/161
I

Dacember

17,

2015

Oty Of Flint's relief efforts

Emeraency

Operations

center

(EO C)

b

activated

to

begin

to

coordinate

An _..
noun~

on

t'l4u
....1

f o

Fll t n

..-.... we~•u:

www.cfc{off{lnt.cofil/l01S/fill77erneraencv-aper.~llons-center· atdvat'

3/13/16!
I

American Journal of Public: Health publishes results of further study of blood lad December 21, 2015 levels by Dr. Hanna-Attlsha et al. New mearch further details the rise In elevated

•Elevated Blood Lead Levels In-ChllihnAssociated With theRint

Drlnkllli Water Crisis: ASpatial Analysis of Risk and Publlc Health ajph.aphapubllcations.org/dot/abs/10.210S/AJPH.2015.303003

Response, • avallab!a via AJPH website.

www.MUve.com/news/lllnt/lnclex.ssf/2015/ll/health.,Joumal_pu

I
I
I 3/13/161

blood levels that was documented In the Initial study released Sep. 24

Genesee County Circuit Court Judse Hayman rules city c:an continue shutting off

Ducumber

22 '

2015

water t1o customers who haven't others. Also says City must apply

paid 35K

their water bill since September 2015 ·not rate rollbaclc to service chal'les as welles

water commodltv rates

Described In MUve (Dec. 21, 2015): •Newly published study alves bll.shes_blood.htmllllneart_story_padcaae more evidence of elevated lead In Flint kids" (foll8er)

MUve (Dec. 22. 2015): •auestlons over emer1encv manqer law www.MUve.com/news/Rint/lndex.ssf/2015/12/questlons_arlse_r

arise In Flint water rates lawsuit" (Emery)

eprdlng_publ.html#lncart_story_package

I
I
3/13/161
i

Continued national mediil-coverase Of Flint\VaTercriSIS· e.s., Rachel MaddoW show CBS News (Dec. 22. 2015): "New.study links tainted water, h!ih
December 22, 2015 reports on Flint water crisis; CBS News reports on Dr. Hanne-Atttsha's refined study leZid levels In ldds In Flint, Mich.•
of blood lead levels
re: Auditor General Issues responses to questions from Sen. Ananlch Flint water

www.cbsnews.com/news/talnted-watet-high-lead-levels-klds-fllnt· michigan/

3/13/161
i

December

23 ,

2015

crisis. Notes no •major Infractions" committed corrosion control treatment should have been

by MDEQ. but Initiated with

also notes mistakes· switch to Flint River as

lncludod In Gov. Snyder's e-malls releasod J21n. 20, 2016 (pp. 2..50264/274)

prlmZiry water supplv, ller 1sample sites not verified, etc.
FWATF lSsue5 letter to Gov. Snyder and press release re: lnltta InndllliS fiom lts
December 29, 2015 work; puts primary blame for Flint water crlsls on MDEQ but Indicates more to come Unk to letter posted In Free Press article (see below)
In final report

mlchlpn..ov/snydar/0,4568,7-2n-367761-,00.html
www.scrlbd.com/doc:/~248389/FIInt·Water-Advlsory-Task·
Force-letter-to-Snyder

I 3/13/16!
3/13/16!

December 29, 2015 Gov._snvder Issues apology for Flintwater crbls via preu release

3/13/161

Detroit Free Press (Dec. 29, 2015): •snyder opoloalzes, Wyant reslans In Fl!ntwatercrlsls"(Epn).

I
!

December

29'

2015

MDE<l Director reslanZitlons

Wyant

and

Director

of

Communication

lkad

Wurfel

submit

their

.

MUve (Dec 29-30, 2015): •olrector Dan Wyant reslsns after tBsk

nice we cared'• (Lawler)

news/lndex.ssf/201S/12/deq_spokesman_also_restans_ove.htmlfl

3/13/161
! !

\........ ----------------·---·---·----···-~-----··---·~··-·-----·..-·---------···---..--··-------------·---·..·---·-·-----------------·-------------------~----------J~-~!.J.!!!I..~------------------------------..---------..--J

lllnt Wlhf otsb 'I'IIHIIM

flntW1ta AdvboryTut foiCit

2A

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.222 Page 222 of 229

Dat~

······ ···-···-·-·-i!v~ni···-·-·-·-···,·-·-- :···:·-~--::·::··:-·:·:····;;·~~::~_·:~:,:··.~:.-·::·~~~·:;:,-·,::~··:·:·;::·:::·:·lie:t~te~~~~u~~~i\i~;;::~.;~;(::~:::·::~:~-:~'-?:'·.-_--:.:~--:···::_~;::~:::~·.~··~:~~·::::?::;:·:·sij-urce~::··:-:''":·;·-~;··:::~:-·.·::;::~·:·;··:~'··-;:--:·P.:c:-ce~se

· ·

Maddow ·29;· ! · .· · ·. ·MsNsc.Rad;ei·.

ii:i~c. zots); ~·r..hchtPri ~~~mor · · ~~ms~bc-~;;;~~h~i:.:na·cid~~-ih~iWatc:ht~J~hl~~- · · · · ·

apologizes for Flint water'' (KIIdee Interview).

aovemor-epolaglzes-for-fllnt-water-593269827585

!

December 29, 2015 Continued national media coverage of Flint water crisis

The Guardlan (Dec. 30, 2015): •Governor Rick Snyder 'very sorry' about Fllnt Miter lead levels debacle" IFelton). Reuters/Hufflngton Post IDee. 29, 2015): "Miehls;n Gov. Rick Snyder Apoloalzes For Flint's Water Crisis• (Klayman).

www.thesuanllan.com/us·naws/2015/deC/30/mlch!gan.governerr1ck·snydz:r·very-sarry-llbout-water-5upply-dcbacle www.hufflnstonpost.com/entry/rick-snyder-fllnt-water·lead· polsonlnL568::10314e4b014efe0!!9814f

j

I 3113116

i
,

AP/Wall Street Journal (Dee.l9, 2015): "Michigan's Top

www.wsJ.com/artlcles/michlgans-top-envlronmental·regulator-

1

Environmental Regulator Resigns Over Flint Water Crisis•

reslgns-over-ntnt-water-crlsls-1451432226

i

Mayor Weaver meets with Genesee County Board of Commlsslnners Clialrman Dac:ember 30, 2015 Curtis and others involved In emersency planning to discuss the Oty's Incident
Action Plan

Press release posted to Oty of Flint webslte

www.cltyoftllnt.com/2015/12/30/mayor-meets-wlth-county·chalr· over4ncldant-actlon-planj

i
3/19/161

0 I!CI!m

b er

30 '

2015

Gov. Snyder reassigns Mlc:hlgan DNR Director, effective January 4, 2016

Director

Keith

Creaah

as

Interim

MDEQ

P ress

re1ease

Post11d

on

Stat
e

of

Mld'll gan

webs1"te

,OO.html

3/13/16 • 1.

January l, 2016 ~:~sweek puts Flint water crisis atop list of"nastiestcases of toxic dlscharse" In Newsweek (Jan. 1, 2016): "The Year ln Pollution" (Schlanger)

=~:=~=~~';;;~~ear-pollution-here-are-nastiest-cases-toxic-

January 4, 2016 Genesee County Commission dedares state of emergency

Gov. Snyder's Rlnt Water tlmellne (released January 2016)

ml.gov/documents/snyder/FllntWaternmellne_FINAL_Sl1424- 7•
pdr

www.mlchlaan.aovfdllqf0,4561,7-135·3313_3675_73946-372653-

Janus
rv

5 '

2016

Gov. Snyder declares state of emercency Emeraency Operations Center

for

Genesee

County,

activating

the

State

Press release and proclamation on State of Michigan website

,00.html www.mlchlgan.gov/doa.sments/snyder/2016-01• OS_Ffint_Water_Govemors_Declaratlon_Finai_S09966_7.pdf1201

60105162343

Gina Balaya, spokeswoman wr the u.s. Attorney's Office In Detroit, said Tuesday her Detroit Free Press (Jan. 15, 20161: •snyder dedares emergency as www.freep.cornJstory/news/lou.Vrmch'lgan/2016/01/0S/us-

Januarv S, 2016 office Is working with the U.S. Environmental Protection Agency on an Investigation feds probe Flint water'' (Epn) of the Flint water situation

attomeys-offlce-lnvestlptlng-lead-fllnt-water/7s303960/

State of Michigan launches Joint Information Center (JIC) to coorcUnate public

Press release. "State of Michigan Joint Information Center Now www.mlchigan.gov/deq/0,4561,7·135·3313_3675_73946-372766-

January

6,

2016

Information from and safety Issues

the State Emersencv Operations Center, set up to eaused by lead In the city of FOnt's drinking water

help

wlth

health

0

eratlonal" P

' 00•html

NBC News (Jan. 6, 2015): "Drinking water crisis In Flint, Michigan www.nbcnews.com/nlghtly-news/vldeo/drlnklng-water-crlsls.fn·

prompts faderallnvestlaatton•

mnt-mlchlgan-prompts-fedaral-lnvcstlgation-597142595942

January 6, 2016 Continued natlom~l media coverage: NBC News, MSNBC

MSNBC Rachel Maddow (Jan. 6, 2015): "Flint toxic water draws www.msnbc.com/racheJ-maddow/watch/fllnt·toxk:·water-draws· federal scrutiny•; "State dismissed Flint bad Miter test concerns"; www.msnbc.com/rachal-maddow/watch/state-dlsmlssed·ftlnt•

GuYette Interview

bad-water-test-concerns-597320259868

rv • Janua

7

2016

Michigan's chief medical executive, Dr. Eden Wells, says Flint use lead filters or drink bottled wuter until further notlco

residents should

elther

Detroit (Dixon)

Free

Press

(Feb.

2016):

"How Rinfs

Water

Crisis

Unfolded"

www.free .com/:pa"es/lnteractlves/fllnt•water-crlsls·tlmellne/

P

•

Janus ry

7 '

2016

Geflesee County Sheriff and filters to homes

Robert

Pickell

deploys

work

detail

and

staff to

deliver

water

MUve (Jan. 7, 2016): "Genesee County Shariff uses work detail to distribute fdters In Flint" (Aeosta)

www.MUve.com/news/fllnt/lndex.ssf/2016/01/WOrk_detaiLused by_genesee co.html

rv ' Janua

7

2016

Continued national media water and water fllters

coverage

crltlclzlnR state's

failure

to

provide

bott

ed

MSNBC Rach Maddow (Jan. 7, 2016): •water donatlons run dry www.msnbc.eo rachel-maddow tch/fllnt-water·donatlons·

In Flint, no action from Governor Snyder"

run-dry-no-state-plan-598134339963

Gov. Snyder and Mayor Weaver announce formation ofan Inter-agency group to January 7, 2016 work with State Emer&e~KY Operations Center on taking action to Improve the
situation January 8, 2016 Gov. Snyder and Mayor Weavar meet to discuss collaboration

MLive fJan. 7, 2016): "Flint Mayor, Gov. Rick Snyder to provide city www.MUve.com/lanslng·

with 'suite of saNiees' following water crlsls" (Lawler)

nows/lndex.sJf/2016/01/fllnt.,mayor.,aovJick..snyder_to.html

Gov. Snyder's Fllnt Water tlmellne (released Jan. 2016)

ml.aov/documents/snyder/Fl1ntWaterllmellne_FINAL_S11424_7. df

!1/U/16 j
I 1/31/16 1 I
3/13/16j
I
I 3/13/16[
I
I 3/U/16~
I
I
l
3/13/16!
I
3/13/161
3/13111
1/31/16!

_.._··J·a-·n·u··a·r·y·-1··2·,··2-0·-1-6···G-o-~··.!cS;.n~yt!dJe.r_~rce;q~lug!e's_t1s1_F~!E'M~C?An'!sl~a~s~s~iJs.tCa?.n!cle!!PI.n..\cYoJo.trldti!n!!a~t.in•.gt!a~n~EI.n~!te!!rI-la!gle!inbcuyt!p!!la!!n_a_n_d.______G_~o~~5-_:d-~r-'--F~ll-t--W-~t..e:-t.i..m-..e..t.!.~~-t~-1~~~~d-J-~~'2_0-1-6-)-------··-m··l.-g·oev./dro-e-u-m--en-t-s-/s-n-y·d-e-r/-F-il-n-tW--a-t·er-l-im--el-in-e-_-F-I-N-A--L-_·5·1·1-4-2-4-_·7·. ····-1-1-31-1-1-6J1

Flint Water Crllls lblRilna

2S

iJ.

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.223 Page 223 of 229

~· ~ (\,

···........oaie:-:··....,. . . . . . . . . :··-:···:~ ·::·~-·-:··~:,:···:~:-···~:-···~-·-~~::,~·-::'.·::~v~~i::~~.·:~r':;:,::::r·;·~7~~2~·::rr:::::;·~;·:·r;~::7~:r~~·~!~:·:::J~~i~!!~~~~~ffiij,~~r:1~~-?j~;;F~~~:i~':'7!;·;!:.~~·~~~iJ::~~-::~ :::~~;:;:·:;::~~~~:~~;.::i;:;;:;:??::;;~~:z~?I:~·w~~~:J

mu:: Gov. Snyder and MDHHS announce a spike In lealonellosis In Flint between June MU
January l3, 2016 2014and Mar 2015, which may be linked to switch to Flint River. Spike lnduded 87

l(Jna~in1t3~r2e0a;16~)· •n87 =~1w0afattael rf~I.e:!

1 n

:

11 :;

(bAaItHtea~a1~);

www.MI.Ive.com/news/detrolt/lndex.ssffl016/0l/lealonalres_dls

I I

cases, with 10 deaths, In 18 months. This Is the first public notification. 10 months after MDEQ notified Holnns the outbreak coincided with swltc:h to Flint River water

81so

repo rt 8 d

natl ona

nv

on

CNN '

ABC,

W hl to as ng n

p t os

Janua
rv

14'

2016

Gov. Snyder requests re uestt federulald

Presidential

declaration

of

major

disaster

and

emel'iencv

zmd

ease_splke_dlsc:Jrtml

I
! 3113116 1 ! 1
1131116
1

Janua ry

15 '

2016

Michigan Attorney ofRintwatercrls!s

General

Bill

Sthuetta

announces

he

has

opened

an

lnvestlaatlon

Janua ry

16'

2016

President Obamo epproves decliratlon and decllne.s request for dedarotlon of

of emerlency lind maJor disaster

request

for

federal

aid,

Gov.

sn der's
.Y

Flint

Water

Umetlne

(released

Jan.

2016)

J anuary

16 '

2016

MUve reports that Genesee County Health Dept. officials expressed Increase In Lealonellosls In Oct. 20141n meetfns with Flint Water

concem

re:

MUve (Jan. 16, 2016): •publlc never told, but lnvestlptors suspected Flint River tie to Lealonneires' in 2014" (Fonger)

Gov. Snyder deOvers State of the State address; apologiZes for Flint water crisis,

Janua ry

19 '

2016

announces $28 million

release of his In short-term

own e-malls resardina Flint water, and commits another for more filters, bottled water, school nurses, lnte~Ventlon

New York nmes (Jan. 20, 2016): •Gov. Rick Snvder ot Michigan
ApoloSIZes In Flint Water Crisis• (Bosman, Smith)

spedallsts, testln§ and monltorlna

ml.gov/do~ments/snyder/FllntWater11mellne_FifiAC5ll424:...,7. pdf www.MUve.com/news/fllnt,/lndex.ssf/2016/01/documents_show _agencles_knew_o.htmJ
www.nytfmes.com/2016/0l/20/us/obama-set-to-meet-wlth· mayor-of..fllnt-about-wuter-crlsls.html?_r=O

11311161!
31131161j
! 31131161I
I

January 19, 2016 Flint Mayor Weave:r meets with President Obame In Waslllngton, DC

Detroit Free Press (Jan. 19, 2016): "Obama meets Flint mayor, responds to lud crisis" (SpaJ18ler)

www.freep.eem/stOiY/newsflocal/mlthlpn/fl!nt·watercrbls/2016/01/19/fllnt-mayor-meet-whlte-houJeofflelalsnsoous&.

j 3/13/16!

Jant~~ry

19,2°16

Class action lawsuit Is filed against CitYof
on behalf of Melissa Mays and other Fllnt

Flint and wrlous residents

city

and

state

employees

case filed 1n Genesee County Clrc:ult Court

J anuary

20'

2016

Gov. Snyder 'Governor's

vOluntarily posts his e-malls regardlns office Is exemDt from Michigan FOVI)

Flint

water

to

his

website

2;0vmOOLusgovcloudapp.niit/flles/snyder'KZOemalls.p

Janua
rv

zo ,

2016

Gov. Snyder declaration

asks

Presldent

Obama

to

reconsider

denial

o

f

federal

disaster

!
3/13/16!
I

Is; House

Mlri

www.MUw.com/nCNtS/Index.ssf/2lJ16/01/mlch~an_house_appr
oves_28mJn.html

3/13/161

January 2D, 2016 CBS Evenlna News lnteMc!ws Gov. Snyder

Documented posted to EPA website

hups:J/wWw.epap/rmJmnt-safiMJrlilking·WIIlm·blsk·forcerecommendatlons-reaardlng-wlde-mouth·sampling-bottles
www.cbsnews.~Chlpn-aov:.it.feast-liJo.'kidHffecte~
bv-lnd·in-fllnt-water/

3/18/lSI
3113116!:

President Obama announces $80 milllon in financial aid for water Infrastructure January 21, 2016 projects In Michigan, lndudlng fllnt. Money Is belna provided for state's revolving
loan fund, not as an appropriation

.M...l.c.h.,i,S.a..n..f.o..r.F\.l.l.n....-..(..B..u..~...)...,. .....u"'" ••, .... ....- ............ ...

www.detroltnews.com/stcwi/news/polltlcs/2016/01/217stabeno w-obama-atves-mlnion-fllnt/79134306/

MUve (Jan. 23, 2016): $80 million announced In connection with www.Mllve.com/news/kalamazao/lndex.ssr/2016/0I/8D_mlllion_

Flint water Is revoMili loan fund"

announcedjn_connec.html

January 21, 2016 EPA RegionS Director Sunn Hedman resigns, effectlvu Feb. 1, 2016

NBC News (Jan. 21, 2016): •ePA Administrator quits over FOnt watCM" crisis" (Seville/Helsel)

EPA Issues SDWA Emergency Order saying authorities tn Michigan failed to properly

respond to Flint water crisis and prescrlblna wrlous acdons for the City and MDEQ.

PA will bogln testlna the city's watur; order D rvnae of data collection, plans and

www.nbcnews.com/storyllne.(mnt-water-c:rlsls/epa-admlnlstratorqults-amJcf.fllnt·water-crlsl.s·n501561 www.epa.gov/slta/produc:tlon/ftles/2016-

1
i
3/13/16j :
i 3/ 13 /161
I '
!

January 11, 2016 reports from the City and MDEQ; and farm an Independent Advisory Panel of

Order posted to EPA website

drinking waterI treatment experts and community members to recommend nsxt

01/documents/1_21_sdwa_1A31_emi!Qienc:v_admln_order OU1

16.pdf

-

I 3/13/161

steps. EPA Administrator Gina McCarthy also asks EPA Inspector aeneral to conduct

1

lnd endont revlaw of Re n S's overs! or ubllt water ems

!

MDEQ Direc:tor creash responds to EPA by saying they comply, but questioning January 22. 2016 McCarthy/EPA's legal authority to direct MDEQ In Flint response and staling MDEQ Detrolt News (Jan. 22. 2016): •Mlchlsan questions legality of EPA www.detroltnews.conVstorv/news/polltlts/2016/0l/22/mlthlgan-

has comPiled with all EPA's recent demands

'

directive on Ftint• (Oostlns) (lndlldes letter response)

questlons-lapUty-epaodlrectlve-tllnt/79202618/

3113116!j !

1

January

22,

2016

MDHHS releases date showing 70K of people who contracted Lealonellosls 1n the Flint outbreak were exposed to Fnnt water 2weeks before their symptoms began

Detroit fnle Press (Jan. 22, 2016): •Legionnaires' expert blames spike In casas on Flint water" {Tanner, Anderson)

~-freep.com/stCHY/news/loeal/mlchlpn/flfnt-watercrasls/2016/01/22/leglonnalres-expert-blames-splke-c:ases-fllnt·

3/13/161

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flntWatlr AIMsarylUit foml

2&

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.224 Page 224 of 229

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FWATF sends letter to Gov. Snyder calling for hlm to engage.experts versed In LCR January 22. 2016 requirements, including Del Torai/EPA, and a work group lnclucflng Edwam/VT;
various other recommendations re: lead sampling and control
Two MDEQ sblffen are suspended without pay pending an Investigation. The
January 22, 2016 empiD'fl!es are not named In the press release but soon are ldentlrled as Stephen
Busch and Liane Shelcter Smlth Gov. snyder retums addltlorialexei:Utlve-powers to Flint's mayor. "Mavor weaver
Janua rv 22. 2016 will now have the authority to appoint the city administrator and all department heads. Todav's action Is the next step ln tnlnsi1Jonlnll to full, local c:ontrolln Fl!m-

January

22,

2016

Detroit Free Press reports that hacker JJVUP Anonymous has launched a FDnt operation and Is calhng for Gov. Snyder to be c:haJied with manslauahter

www.aonawer.com/pubUc:/fwatf-letter.pdf

__ _ _ _ _

____ ___

-----

Press release posted to Gov. Snyder's webpage

www.mlchlpn.;ov/snyder/0,4668,7·271·57577·374565-,00.html

Press release pasted to Gov. Snyder's webpase
Detrolt Free Press (Jan. 22, 2016): "State on high cyber alert after Anonymous threat" (Ep n)

www.mlc:hlian.gov/snyder/0,4668,7-2n-S7577_57657-374556,DD.html www.freep.c:om/stort//n&W$/IOcaVmlchlann/tltnt•water· cc:ralsmlsp/a2l0gln6//709l1/2527/7a8c0tl/vlst-hadcer.group-anonymous-starts-mnt·

1
1/31/16.
I ·
3/13/16,
I 3/13/16:
3/13/16j
j

Mlchlpn AG Schuette names Todd Flood (defense attomev and former Wayne

j

County assistant prosecutor) and former Detroit FBI bureau c:hlefAndy Arena to The State (Jan. 26, 2016): •Ex-prosecutor to spearhead January 25, 2016 lead lnvestlaatlon Into potential misconduct In offlc:e c:oncemlnB FDnt Wllter crisis. lnvestlptlon Into Flint Wllter crisis" (1188ert, Householder)
· ~~~!e:~~:~:=r!mO.::!!~::;t;~~~~!§=n=~f=a:

www.thestato.com/news/natlonwortd/natlonal/artlcle56583968.html

ACLU MlchJsan, NRDC and Conc:emed Pastors for Soc:lal Action file federal lawsuit

January 27, 2016 aplnst city and state offldab s11eklni to force owners and operators of Flint's water Filed In U.S. District Court, Eastom District of Mlchlpn

system to comply with SDWA Pastor Edwin Andem~n, Aline Anderson and Beatrice Boler file federal lawsuit

January 31, 2016 aplnst dtv and state officials seeklns compensatory and punitive damases over Filed In U.S. District Court. Eastern District or Michigan

Flint water crisis

February 1, 2016 Mlc:hlgan Attorney General Schuette says his office "'ikely" can't defend the seven Detroit Free Press (Feb. 1. 2016): ~stab! m!ght not defend MDEQ www.freep.c:om/story/news/locaVn'liCh!Pn/mnt-Wciter· -

MDEQ workers be1ns sued over Flint Wllter crisis; asked federal Judge to decide worken In Fllnt water suJt•(Baldas)

crlsls/2016/01/31/deq-workers-need-flnd-own-lawyer-mntlawsult/79508504/

FBI Joins fedenllnvestlptlon of Flint water crisis, wblch 11lso Involves U.S. February 2, 2016 Attorney's office, US Postal Inspection Service and EPA Criminal Investigation
DMslon

NBC News (Feb. 2, 2016): "FBJ lnW!Stl&atlni Flint's Poisoned Water www.nbcnews.com/storyllne/tnnt-water-crlsls/fbl-!nVeStJgDtlna·

Crisis• (Connor)

fllnt•sopolsoned-water-c:rlsls-n5D9S86

1
9113116
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I
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ll/13/16!11

February

2,

2016

$100 million lawsuit Is flied against Mclaren Flint Hospital and state of Michigan over Fllnt Leglone!losls cases, on behalf of four who contnu:tad the disease

oDveetrroFiltinFtreLeegPiroenssna(Fireebs'.d2i,s2e0a1se6)c:a•sFeJse''g(eWrlnsleul~$lDQiOxo.mn)llllon sult ,

www.friep.comjstory/news/locaVmlctitpn/f!lm-watcrc:risls/2016/02/02/fleaer-tllnt-lawsult-mclaren-WIItercrlsls/79704852/

3/13/161 I

House Committee onOverslaht and Government Reform holds heartnz where

Detroit News(Feb. 5, 2016): •uwmakers spar on state's blame for www.detroUnews.com/story/news/mlchlgan/fllnt-water·

Beauvais/EPA. Creagh/MDEQ, Edwards/VT and Fllnt resldont Welten testifY ro: F&nt Fnnt water" (Burke Lynch)

c:risb/201&/02/03/fllnt-water-conaresslonal-hearing/79728072/

February 3, 2016 water crisis; former Flint EM Earley dl!dlnes to appear. Edwards: "I am personaay NBC News (Feb. a, ~016): •House Panel Accuss Officials of

www.nbcnews.com/storyDne/fllnt·water-c:risls/house-panekhalr-

shamed that the profession I belong to, the drinking water Industry In thls country, Covering Up Flint Watar Crisis" (Schuppa) has allowed thlJ to oc:cur."

vOWJ·hunt·down-offlclal-beh!nd·fllnt-water·nSl0411

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Februa ry

3 '

2016

Snyder proposes $30 water bills. Approved

million In state funds to offset a portion of Flint by Michigan Senate Feb. 4, by House Feb. 17

residents'

Detroit News (Feb. 3, 2016): "Snyder pitches $30 milllon for Flint www.dctroltnews.cori'I/Story/tiews/mlc:hlian/fllnt-water·

water but refunds• (Livenaood. Carah, Oostlna)

crlsls/Z016/0Z/03/snyder-water-bills/797S3564/

3/13/161

Febtuary 5, 2016 Gov. Snyder announces that ShelcterSmlth/MDEQ, head of ODWMA.Is fired

Press release posted to Gov. Snyder's webpaae

V::Wh.m,lc:hlsan.sov/snyder/0,4668•7"277"57577- 57657"376028-

•"""· tm

u.s. Small Business Admnlstratlon approves Gov. snyder's request to aid businesses MUve (Feb. s. 2016): •auslncsses affedcd by Rlnt Wlltercrlsls can www.MUve.c:om/news/fllnt/lndex.ssf/2016/02/buslnesses_affect

February 5, 2016 In FDnt and Genesee County affected by Flint water crisis. SBA will provide access to seek disaster loans from SBA" (Emery)

ed_by_fllnt_w.html

federal Economic lnJurv Disaster Loans for small businesses

3/13/16!
1 3/13/16!

1

Februa ry

5 '

2016

EPAiJ flint Safe Drinking Water Draft Sentinel Site SelectiQn

Task-FOrceproVIdes

recommendations

on

MDEQ's

Documented osted to EPA website p

-- WW\V.epa.gov/fllnt./fllnt·safi!-drlnklna-water-task-forc:erecommendatlons-mdeqs-draft-sen1Jnektte-selec:tlon

3/18/161 I

j Febru11ry 7, 2016 Democratic presidential c:andld11te Hillary Clinton visits FDnt

.

Fe !:true ry

8 '

2016

LUlie Wald and lead poisoning

Mlc:heiiCRodrlauez

file

federal

lawsuit owr 2-year-OICI

Detroit Free PrG.Is (Feb. 7, l016): "Hillary Clinton: What happened W.VW.freep.com/story/news/loc:al/mlchlgan/fRnt-water-

In Flint Is Immoral" (Gray, Stafford)

c:risls/2016/02/07/JIUiarv-dlnton-fllnt-campalgn-stop/79902530/

Flied In U.S. District Court, Eastern District of Michigan

3/13/16)
I

..

www.freej);-comlstOiY/niiWS/IOcallmlchliiii/fllnt-water-= - - - - - - - -1

Februerv 9, 2016 Flint Issues boll water advisory due to broken water main

Detroit Free Press (Feb. 9, 2016): Flint Issues boll advisory after crlslr/2016/02/D9/ffint-residents-asked-boll-thelr-flltered-

water maln break" (B11thencourt)

water/80086916/

3/18/16!l

i ·F-e-b-r-u-a-~-1-0:.2..0..1.6..!G.~o!v!.HS~!nty!tdterr.ip!r!o!p..o..s_e_s__s_ta_t_e__b_u_c_l_i_e_tt·o-r-·F·Y--2-0-1-7--t-h-a--t-I·n·c-l-u-d-e-s--$-1-9-5--m·-i-ll·io--n·t·o--a-d-d--r·e~stserM_!U!Pvle!(?F!!e!b~.!1t0!,.~2!0.1t6')-:!"!G?!oJv!..!R.lct:!kIS!In~yYd.eIrI.prrlo~p~ol!s"e1s~$~-1-9-5--M--f-o-r-F--li-n~t!lw!.w.!w....l.M!JlU'!vl:e~.!c!o!!m.L/_n_i!_W__S_/i_n_d_e_x_.s_sf_/_2_01_6_/_0_2_/a_o_v_J_ic_k___s_n_y_d_er___p_r_op______3_1_1_8_11_6Jj

flil!tW&t!f'CrllbTIIIIdll'le

flnt waterMwbory TaA FOICII

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Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.225 Page 225 of 229

.'f. :• i\,

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! February 10, 2016 Democnltlc Steerlna and Policy Cc:mmlttee In D.C. Gov. Snyder was Invited but

!
!

declined due to concurrent state budget proposal

b Fe ruary

10•

2016

u.s. House of requirements

RepresentAtive~

passes

H.R.

4470,

which

- - -~--
specifies notlncatlon

-

for lead acUon level excef!Ciances In f.Ubllc water systems

Februa ry

10'

2016

U.S. SmaU Bwiness Administration opens FOnt Business Reeovery entrepreneurs and business owners affected bv Flint water crtsls

Center to

aid

MUve (Feb,10, 2016): "FUnt mavor, superintendent ask for .short and long-term water criSis help• (Acosta)
kt po.sted to conareu.sov website
MUve (Feb.lO, 2016): 11Help center opens for small businesses lm!)llcted by Flint's water cr1s1s• (Adams)

www.MUve.com/news/fllnt/lndex.ssf/2016/02/fllnt_mayor_super intendent_aslc.html

3 18 16J
1 1 1Ij

www.eongress.gov/b11V114th-eonaress/house-bi!I/447D/text

3/18/16j

·

; j www.MUve.com/neWs/fllnt}ii1dex.ssf/2016J02Jhelp_centei_:o~
s_for_small_bu.html

311

16! !

.s. DIJtrlct Judge John Corbett O'Meara grantirequat by state attorneys to

February

11•

2016

wlthdraw from representing? MDEQ employees who ere belna sued over Flint water criSis, due to conflict of Interest. State lawyers noted the MD£Q employees

wiD still set lawyers paid for by the state

www.freep.com/stoJy/newsflacal/mlchlgan/ffint-water-

Detroit Free Press (Feb. 11, 2016): "AG's office freed from MDEQ crtsis/2016/02/11/aas-offJce-freed-deq-workers-fllnt-water-

workers In Rlnt water case"(Baldas)

aJse/80257552/

i i S/19/16~
i

Obiriuladmlnlstratlan officials tell Democratic members-of Congress they anticipate

www.freep.eom/story/newsflocal/mlchiaan/fllnt-water-

February

11• 2016

provldl11i 11 Medicaid expansion that will cover lead blaod·level monltortns. behavioral health services and nutritional support for children and preanant women

Detroit Free Pren (Feb.12, 2016): "Obarm11dmlnlstratlon to offer mo111 benefits In Fllnr (Spangler)

fclrltnstl/s8/20o21968/10320/1/ 2/obama•admlnlstratlan-affl!l'-more-benafits·

I I I
S/19/161

In Fnnt as a result of water crtsls

Februa ry

1z,

2016

Gov. Snyder calls U.S. House Oversliht Chaffett to offer h1s testimony on Rlnt

and Governmenf water cr!Jis

Reform

Committee

chair

Detroit Free Press (Feb. 27, 2016): •snyder to testlf'y befOre Confress on Rlnt crisis" (Spangler, Dolan}

wwwJreep:cOm/sto.,Y/ncws/local/miChlaan/flint-watercrfsls/2016/02/1Ysnvder-wants-test!fy-congress·RintJ80290232/

~I

MDEctennounces plan to rqularly test water from 400 Flint addresseS for lead over Detrolt Frett Press (Feb. 12. 2016): "Flint water tests to tnlck February 12. 2016 next swGGkl; public should be able to track the results through amap ofthe sites chanae 1n lead levels" (Allen)
on www.mlchfgan.~r:ov/fllntwater

www.freep.CIJrtl/stmv/news/local/mlchlgan/2016/02/12/fllnl· water-tests-track.fead·levels/8028242B/

Februa rv

12•

2016

State of Mlchllan water crisis

activates

website

containing

numerous

e-m ails

related

to

FBnt

Oepartniint of Environmental Quality:Part 1(381MBPDF, Part2

(206MB PDF) I Pert 3 (185MB PDF) I Part 4 (227MB PDF) ~mnent atTechnology, Management and Budiet (2.3BMB
PDF) Department of Health and Human Services (6.51MB PDF)
Department of Aariculture and Rural Development (a3KB PDF)

Unks published In Detroit Free Pre.s.s (Feb. 12, Z016): "State reiHSes trove of e-malls related to Flint water- (Esan): www.freep.com/story/newsflocal/mlchigan/fllnt-wator• crls!J/2016/02/12/fllnt-water-crlsls-emalls/80278914/

DepartmentofTreasury(U.SMB_IIDF}

Februa ry

12 '

2016

r8WSUm!ed against for fuiJ.tJmo OII_Ctotlan

IAN,

allegl!li

professional

neallience

1ilprep21rlng

Flint

WTP

NBC25 News (Feb.12, 2016): "Enalneertnl firm hired to fiXFIInt · nbasnews.eom/news/local/enslneerlna·flrrn-hlred-to·tlx·fllnt·

water ~I@IIt now faclns multl~n'lllllon dollar lawsuit" (Moor~)

water...,lant-now-faclng-multl·mllllon-donar·lawsult

3/19/16]
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3/19/161
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3/19/16!

wr Februa
ry

14•

2016

Gov. Snyder asks expanded the wake of Flint water crlsls

Medicaid

support

tor

about

15,000

Flint

ruldents

In

Detroit Free Press (Feb. 14, 2016): •snyder asks far more Medicaid www.freep.corn]stiiry/lleWs/locaVmlchlgen/ftlnt-water-

support for Fllnr (Bcthenc:ourt)

crlsls/2016/02/14/snyder-asb-rnore-mecllcald-support·

flint/80382696/

u.s. Surgeon GenerarVlvet Murthy visits Flint and meets with 150 loCel doctors, Detroit Free Press (Feb. 15, 2016): "U.S. suraeon aeneral to Flint's www.fieep.l:om/storv/news/local/mlchlgali/tunt-water-

·february 15, 2016 social workers and students; Ays "trusted voices" need to Impart critical nutrition trusted voices: Speak up" (Allen)

c:rlsls/2016/02/15/w-su!'leon-general•fllnt-ctl.sls-dr·vlvek·

3/19/161
i 3/19/161

and education to Flint residents

murthY/80431666/

February 15'

2016

NAACP announces It wlllliivlto "disruptive dvUIIIiObedlance" In Flint If Gov. does not produce a plan within 30 days for replacina the cl\'l's V'lillter J)ll!es

Snyder

Detroit FreePress (Feb. 1S, 2016): "NAACP threatens clvll disobedience over Flint pipes" (Allen)

www.rreep.cornjstary/news/local/mlchlgaii/ftint-water• crtsls/ZD16/0Y15/naacp-praldent·fllnt-outraae/8D416032/

3/19/161

Food ll Water Watch releases report showins Flint resklents were being charged February 16, 2016 more for water than any othar customers In the nation's 500 laraest community
water systems

Report posted to Faocl a Weter Watch webslte
MUve (Feb. 16, 2016): •FDnt water rates hlahest In country, study claims" (Ridley}

www.lOOdandWiti!rwatd\.org/news/lesson.s-flint-and-prlce-water· privatization www.MUve.com/news/fllnt/lndex.ssf/2016/02/fllnts_water_rates
IRhesLin.html

I
3/19/16l
!

Detiiilfl:rcc Press publishes Gooale map Of Flint home~ that have tastea with

Februa ry

16'

2016

den&erousJv hlgh lead levels. D666 addresses with levels bllllon of lead found the water. That's out of 9,940 tests

of more than 1S parts par takrm from September

throuah Feb. 13"

16 2016 Congre.ulonal Research Service Issues report statlni EPA dld not respond to Flint's February • water crisis es soan as It could have
Governor's Office announces It has contracted with Rowe Professional Services to
February 16, 2016 update a recent analysis of Flint's water pipes, beginning the work required to replace lead service lines. Federal class action lawsuit 1s flied an behalf of.Anselill Mcintosh and other Flint

Detroit Free Press (Feb. 16, 2016): •Flint map: See 665 homes where lead levels too hlsh• (Allen)

www.freep.comfstary/nt!WS/IocaVmlchipn/fllnt-wab:r· crlsls/2016/02/16/fnnt..fead-water-map/80445272/

2~ge report posted onhne

www.fu.orv/SiP/CII/mlsc/IN10446.pdf

MUve (Feb. 1s 2016). "EPA didn't respond to FOnt's water crtsls as www.MUve.com/news/fnnt/lndex.ssf/2016/02/epa_clldnt_respan

soon 215 It could have, ·report says• (Emery)

d_to_mnts_wa.html

MUve (Feb. 16, 20161: "Effort to replace laad water pipes underway In Flint'' (WUIJams)

cwrlwslws/.2d0e1t6ro/l0t2n/e1w6/s.lceoam~w/asttoerryop/nlepew-sr/smpllcahcelpmnen/ftl•lnflt-lwnta/t8e0r·478866/

PR Newswlre (Feb. 17, 2016): "Class action law firm and personal www.prnewswlre.com/news-releases/dass-ectlon-law-flrm-and-

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February 17, 2016 water crls'IS victims. While ather lawsuits have been filed, no c:ase has yet been InJury Supar Lawyer filed lawsuit on bahalf of thousands ot Flint personal-ln)Uf'{-super.fawyer-flled·lawsult-on-behatf-of·thousands· 3/19/16!
.. . ______ ______ .... l!r.a.~.~-~-~~.a.~~~o!'.!~~S. ~Y.!I}!Y.~ta_t!f..~Lf~~~~I_CE~r!.. . .. ----·-············-······-·······--- ---~'!1~·-···-··--·--..········. ---------·--·-·-··-········ ... ·········--------- ...........~!~~!!l!:!i~~:~~.B':.~~~l!!J!........ ···-··-··· ._··--------·.. ·----·.............·-·-- ______ .... I

Flint Water Clisls Tlmtllne

flnt Watar Al!wory Task Foro

28

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.226 Page 226 of 229

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•

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·· ·•·

;;;:~ cF.b. ~;,i,u.l: www.~-..2817-fllo......., :·:.:~ :::-F:·-~·'7··:· ~-·--::,.·:::-:Reten!iluroe:,1:m.fi&~r~:~:::;·~~ ·-~~,.:::·::~·.-:·:~:;~;-~·:;::·:2~'~7:.~: :T:~~~~::;~-~~ii5~::·-~·~~:;;;:~:·:-;~~;~~~;~:::':::~:~;·r:;:'A~Ci55eCi1

'iili.tM.iWa...;.k,.,,

...,....placement-pfa/

Mayor Weaver counters state lead replacement plan with Alnt Fast Start Plan,

over timeline to replace lead pipes"

www.freep.c:om/story/news/locaVmh:higan/fllnt-water-

February 18, 2016 worlclng with Lansing employees; Gov. Snyder announces grant of $2M to belp with Detroit Free Press (Feb. 17, 2016): "State signs agreement ror flint c:risls/2016/02/17/state-aareement.fllnt-plpe-testlng/80470524/

pipeline replecemcnt

pipe testing" (Dolan) MLlve (Feb.l8, 2016}: "Flint1ets $2 mllllon from state to start

lead service water replacements" (Fcmger)

her Febl\lll
1Y

18 '

2016

u.s. DHHS Secretary Sylvia Burwell visits Flint; announces a-gcnev will provlde an additional $500,000 to help mitigate potential lead damage In Fnnt children

MUve (Feb. 18, 2016}: 11Addl11onal $500,000 In federal money to flllht lead dama&e In Fnnt children" (Johnson)

www.MUve.c:om/news/flint{mdex.ssf/2016/02/lovemor_says_2mtUion...,grant.html
www.MUvc.com/news/fllnt/lndex.ssf/2016/02/us_departmcnCo Lhealth_announ.html

Febnm

ry

19 '

2016

Rev. Jesse Jackson's Rainbow Action ornnl1e a march from

PUSH Coalltloll ancJConcemed Pastors for Social Matro11ollten Baptist Tabemade to Flint WTP

- MUve (feb. 19, 2016): "FOnt water ensIS march with Jesse Jackson www.MLive.eeim/news/fllntllndaw/2016/02/flinLWiiter_ci'ISis_

cfn~ws thousands"IAcoml)

man:h_wlth.html

FebM ry

20 • 2016

Mark Polllns/EPA sends letter to MDEQ and Flint officials saying they are enoush to comply with SDWA emersency order on lead contamination

not

doing

Letter osted to EPA website P

www.epa.aov/sltes/productlon/files]201602/documants/epa_letter_to_mdeq_and_clty_of_fl!nt_w_attach ments_2.19.16.pdf

F b e ruary

22,

2016

Board ofState canvassers approves crisis, subm!tted by DaVId Bulloclc

petition

to

recall

Gov.

Snyder

over

Flnt

water

MLlve (Feb. 22, 2016): "Petition to read! Gov. Rick Snyder over Flint water crisis clears Mkhlgan panel" (Lawler)

www.MUve.com/news/lndex.ssf/2016/0l/petltlon_to_recaD..sov _rlclt..sn.html#incart_rtver_lndex_toplcs

Dr. Marty Kaufman/Ui'liversltY of Mlchlszm·FIInt says in press conrereriee that It Is

Februa ry

22.

2016

still unknown what typu 4,3761ocatlons with lead

of pipes ere runnlna to 13,000 properties In Flint. Thus far, pipes have been ldentffil!d; records do not exist for more

MUva (Feb. 22, 2016): "Work still needed to Identify sentlce lines to 13,000 Flint properties" (Acosta)

www.MUVe.com/news/f]lnt/lndcx.ssf/2016/02/work_stlllnecdcd _to_ldentlfy.htmlllncart_rlver_index_toplcs

tban 10,000 pro.f.ertlu

February 22, 2016 MUve reports some test sites stm exceed federal limit for lead In water

MUve (Feb: 22, 2016): "Latest Fllnt water tests show lin 10 sites still exc~ted federal lead limit" IFonzer:

: 3/19/16!
! i
3/l9/lf)
'
3119116! I !
3/19/16! r
3/19/16!
!
3/19/16!
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Februa rv

22,

2016

Gov. beck

Snyder announcu his office will release e-mails his staff sent or received to 2011 re: Flint water supply switch and subsequent contamination

datlna

Detroit News (Feb. 22, 2016): "Snyder: emalls on Fllnt water" (Uvqood)

Office

wlll

release

staff

3/19/16!

February 22, 2016 Congressional delegation led by U.S. Rep. Dan Klldee, D-FilntTownship, visits Flint

MUve (Feb. u-;-zoT6"}:"51x takeawayson-Flint water crisis from Congressional dele1atlan" (Acosta)

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Abbreviation ACLU AG AJPH AWWA CAC CCT CDC CLPPP Cu DBPs DEQ DHHS DNR DPW DWSD EBLL EFM ELL EM EPA FAQs FOIA FWATF FWICC GCBOH GCDC GCHD GCMS GFHC GM HMC KWA

Definition American Civil Liberties Union Attorney General American Journal of Public Health American Water Works Association Citizens Advisory Committee Corrosion control treatment Centers for Disease Control and Prevention Childhood Lead Poisoning Prevention Program Copper Disinfection byproducts Department of Environmental Quality Department of Health and Human Services Department of Natural Resources City of Flint Department of Public Works Detroit Water and Sewerage Department Elevated blood lead level Emergency financial manager Elevated lead level Emergency manager U.S. Environmental Protection Agency Frequently Asked Questions Freedom of Information Act Flint Water Advisory Task Force Flint Water Interagency Coordinating Committee GCHD Board of Health Genesee County Drain Commission Genesee County Health Department Genesee County Medical Society Greater Flint Health Coalition General Motors Hurley Medical Center Karegnondi Water Authority

Case 5:17-cv-10996-JEL-MKM ECF No. 1 filed 03/29/17 PageID.229 Page 229 of 229

NDWAC NRDC OAG OCCT ODMWA O&M Pb ppb SDWA TAC TIHMs TYJT UAW J,Lg/1
VT
WTP

National Drinking Water Advisory Council National Resources Defense Council Office of the Auditor General Optimal Corrosion Control Treatment Office of Drinking Water and Municipal Assistance Operations and maintenance Lead Parts per billion Safe Drinking Water Act City of Fllnt/Veolia Technical Advisory_ Committee Total trihalomethanes Tucker, Young, Jackson, Tulllnc. United Auto Workers Union Micrograms per liter Virginia Tech (VIrginia Polytechnic Institute and State University Water Treatment Plant

f f'" 1)1

 
 Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.1 Page 1 of 65

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

VILLAGE SHORES LLC, Individually and On Behalf of All Others Similarly Situated,

Plaintiff,
v.
LOCKWOOD, ANDREWS & NEWNAM, P.C., LOCKWOOD ANDREWS & NEWNAM INC., LEO A. DALY COMPANY, VEOLIA NORTH AMERICA, INC., VEOLIA NORTH AMERICA, LLC, VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC, VEOLIA ENVIRONNEMENT, S.A.,

Case No. 16-14498 Hon.
GCCC No. 16-107731-CZ Hon. Richard B. Yuille

Defendants.

NOTICE OF REMOVAL
TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
PLEASE TAKE NOTICE that, in accordance with 28 U.S.C. § 1441, et seq., Defendant Veolia Water North America Operating Services, LLC, Veolia North America, LLC, and Veolia North America, Inc. (collectively, the “Veolia entities”) hereby remove this action, Case No. 16-107731-CZ, Genesee County Circuit Court, State of Michigan, to the United States District Court for the Eastern

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.2 Page 2 of 65
District of Michigan on the ground that there is diversity jurisdiction under 28 U.S.C. § 1332. In support of removal, the Veolia entities state as follows:
PROCEDURAL BACKGROUND 1. On September 12, 2016, Plaintiff Village Shores LLC filed a complaint in the above-captioned action in the Genesee County Circuit Court, Case No. 16-107731-CZ, against seven defendants hailing from several states, including the Veolia entities. 2. In its complaint, Plaintiff brings a putative class action seeking damages for harms allegedly stemming from lead in the drinking water supply of the City of Flint, Michigan. Plaintiff seeks to represent a class comprised of “[a]ll persons and entities that have owned residential rental property in the City of Flint, Michigan since April 24, 2014.” Compl. ¶ 177. The complaint asserts six separate causes of action and requests substantial damages. As 28 U.S.C. § 1446(a) requires, true and correct copies of the Complaint and Circuit Court Civil Case Cover Sheet are attached hereto as Exhibit 1. 3. The Veolia entities acknowledged service of the complaint and summons by email on December 6, 2016. Because it is filed within 30 days of service, this notice of removal is timely filed under 28 U.S.C. §1446(b)(1). See Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc., 526 U.S. 344, 347-48 (1999) (time for removal runs from receipt of formal service of process).
2

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.3 Page 3 of 65
4. Under 28 U.S.C. § 1453(b), the consent of the other defendants to the putative class action—which is removable under the Class Action Fairness Act (“CAFA”)—is not required.1
5. Venue in the United States District Court for the Eastern District of Michigan is proper because Plaintiff commenced this action in the Genesee County Circuit Court. See 28 U.S.C. §§ 102(a)(1) & 1441(a).
6. As 28 U.S.C. § 1446(d) requires, a copy of this Notice of Removal is being served on Plaintiff and with the Clerk of the Genesee County Circuit Court.
7. By removing this action to this Court, the Veolia entities do not waive any defenses, objections, or motions available to them under either state or federal law.
GROUNDS FOR REMOVAL 8. This Court has jurisdiction over this action under 28 U.S.C. § 1332(d), which extends diversity jurisdiction to large, interstate putative class actions like this one. In particular, CAFA expands federal courts’ diversity jurisdiction to embrace “class actions in which the matter in controversy exceeds $5 million, there is minimal diversity of citizenship, and the proposed class includes at least one
1 The Veolia entities understand that Veolia Environnement, S.A. (“VE”), and perhaps other defendants, have not been served with process as of the date of this filing. This notice of removal is filed on behalf of the three domestic Veolia entities only, and not on behalf of VE or any other defendant.
3

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.4 Page 4 of 65
hundred members.” In re Mortgage Elec. Registration Sys., Inc., 680 F.3d 849, 853 (6th Cir. 2012).
9. This putative class has at least 100 members. See 28 U.S.C. § 1332(d)(5)(B). It means to encompass every individual or “entity” who has owned rental property in the entire City of Flint over a two-year period. The Complaint itself alleges that “hundreds or thousands” people fall within this class, Compl. ¶ 178, and roughly 22,500 housing units are allegedly rented in the City of Flint, id. ¶ 24. See, e.g., Law Offices of K.C. Okoli, P.C. v. BNB Bank, N.A., 481 F. App'x 622, 625 (2d Cir. 2012) (finding that the “pleadings” alone satisfied CAFA’s “numerosity requirement” where the complaint alleged that the size of the class was “hundreds of persons”). Relevant census figures say exactly the same. See United States Census, Quick Facts: Flint (City), Michigan (Aug. 1, 2016), http://www.census.gov/quickfacts/table/HSG010215/2629000; see also, e.g., Phillips v. Severn Trent Envtl. Servs., Inc., No. CIV.A. 07-3889, 2007 WL 2757131, at *2 (E.D. La. Sept. 19, 2007) (looking to census figures to determine class size in action brought concerning contaminated tap water in particular community). The Genesee Landlords Association, which includes the City of Flint, likewise includes more than 600 members.
10. This action also meets CAFA’s $5 million amount-in-controversy requirement. “[A] defendant’s notice of removal need include only a plausible
4

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.5 Page 5 of 65
allegation that the amount in controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547, 554 (2014). Here, plausibility is easy to find, as Plaintiff seeks substantial sums, including damages for lost “goodwill” between landlords and tenants, Compl. ¶ 4, damages for lost or reduced rent from tenants, id., damages for diminution in property values, id. ¶ 6, and monies for “property damage” to appliances and pipes, ¶ 7. Village Shores brings no fewer than six separate claims for these damages, while also pursuing punitive damages, attorneys’ fees, and “disgorgement” (presumably, of the fees paid to all the defendants by the City of Flint, allegedly totaling more than $3.8 million). Id. 48; see also Hayes v. Equitable Energy Res. Co., 266 F.3d 560, 573 (6th Cir. 2001) (including punitive damages in the amount-in-controversy calculation). With roughly 22,500 rental units in the City of Flint, damages would need to exceed about $220 per unit for damages to exceed $5 million for the entire class. Plaintiff’s claims would easily meet that per unit threshold were they successful, as Plaintiff says they amount to “tens and hundreds of thousands of dollars” per property. Compl. ¶ 170; see Graiser v. Visionworks of Am., Inc., 819 F.3d 277, 282 (6th Cir. 2016) (explaining that, for purposes of CAFA’s amount-incontroversy requirement, the court must “aggregat[e] the claims of individual members of the proposed class”); cf. Lizza v. Deutsche Bank Nat. Trust Co., No. CIV. 13-00190 HG-BMK, 2013 WL 5376036, at *6 (D. Haw. Sept. 24, 2013)
5

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.6 Page 6 of 65
(finding that lost-use claims for 93 properties over roughly same time period easily exceeded $5 million threshold, as measured by fair market rental value); LeeBolton v. Koppers Inc., 848 F. Supp. 2d 1342, 1354 (N.D. Fla. 2011) (concluding that amount-in-controversy was met in case involving environmental contamination of 109 properties).
11. Finally, there is minimal diversity. Minimal diversity is met where “any member of a class of plaintiffs is a citizen of a State different from any defendant.” 28 U.S.C. § 1332(d)(2)(A); accord Kuns v. Ford Motor Co., 543 F. App’x 572, 575 n.1 (6th Cir. 2013). Plaintiff is evidently a Michigan citizen, Compl. ¶ 9, as are (almost certainly) many members of the putative class. Defendants include a Texas corporation, id. ¶ 11, a Nebraska corporation, id. ¶ 12, and a Delaware corporation, id. ¶ 14.
12. There are certain exceptions to CAFA jurisdiction, but none of these exceptions apply here. See Meiman v. Kenton Cnty., Ky., No. 10–156–DLB, 2011 WL 350465, at *4 (E.D. Ky. 2011) (observing that the circuit courts have “uniformly concluded that after general CAFA jurisdiction has been established, the burden shifts to the party objecting to federal jurisdiction to show an exception” (internal quotation marks omitted)).
13. The home-state exception, for instance, does not apply. This exception applies if “two-thirds or more of the members of all proposed plaintiff
6

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.7 Page 7 of 65
classes in the aggregate, and the primary defendants, are citizens of the state in which the action was originally filed.” 28 U.S.C. § 1332 (d)(4)(B). Certainly, many of the putative class members are Michigan citizens, but not all of the “primary defendants” are. All of the primary defendants must be Michigan citizens for the exception to apply. See Leonor v. Provident Life & Acc. Co., 790 F.3d 682, 691 (6th Cir. 2015) (noting that CAFA’s home-state exception “unambiguously refers to all primary defendants for contextual reasons”). Here, there are defendants from states such as Texas, Nebraska, and elsewhere.
14. CAFA’s discretionary exception also does not apply. Under that exception, a judge may remand based on certain factors premised on the “interests of justice and the totality of the circumstances.” 28 U.S.C. § 1332(d)(3). But that exception only applies when “greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate” are from Michigan. Id. Because the class is geographically tied to the City of Flint, that exception cannot apply here—more than two-thirds of the putative class are from this state.
15. Nor would the local controversy exception apply. This exception may be invoked only if four distinct requirements are met: (1) two-thirds of the class are citizens of the forum state; (2) at least one defendant from whom significant relief is sought and whose conduct forms a significant basis for the claims is from the home state; (3) the principal injuries occurred in the home state; and (4) “during
7

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.8 Page 8 of 65
the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons.” 28 U.S.C. § 1332 (d)(4)(A).
16. At a minimum, the action does not satisfy the final requirement of the local controversy exception because other putative class actions involving these same defendants and same allegations have already been filed on behalf of this very same class. This Court is already familiar with most of them. See, e.g., McIntosh v. State of Michigan, No. 5:16-cv-10571-JCO-MKM (E.D. Mich. filed Feb. 16, 2016); McMillian v. Snyder, No. 5:16-cv-10796-JCO-MKM (E.D. Mich. filed Mar. 7, 2016); Washington v. Snyder, No. 5:16-cv-11247-JCO-MKM (E.D. Mich. filed Apr. 5, 2016); see also Mason v. Lockwood, Andrews, & Newnam, P.C., No. 16-106150-NM (Genesee Cnty. Cir. Ct. filed Jan. 25, 2016); Davenport v. Lockwood, Andrews & Newnam, P.C., No. 16-107274-CZ (Genesee Cnty. Cir. Ct. filed July 6, 2016). In fact, Plaintiff here drew heavily from those prior actions, cutting-and-pasting allegations from the earlier filed complaints into this one. And at least some of these other plaintiffs have already recognized that CAFA applies to cases like this one. See Pls.’ Resp. to State Defs.’ Mot. to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) at 15-19, Gilcreast v. Lockwood, Andrews, & Newnam, P.C. (No. 5:16-cv-11173-JCO-MKM), ECF No. 51.
8

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.9 Page 9 of 65
17. Of course, this Court has already ruled in a similar case that this last requirement for the local controversy requirement had been met. See Order, Davenport v. Lockwood, Andrews, & Newnam, P.C., No. 5:16-cv-12875 (E.D. Mich. Nov. 1, 2016). In doing so, the Court focused heavily on the perceived purposes of the statute and the Court’s observation that many Flint-related cases are in state court. But this case proves again that there are several cases eligible to land in federal court, such that the center of activity for the class actions is here— not state court.
18. In any event, the statute’s language is plain. Congress broadly defined the phrase “class action” to “mean[] any civil action filed under rule 23 of the Federal Rules of Civil Procedure or similar State statute or rule of judicial procedure authorizing an action to be brought by 1 or more representative persons as a class action.” 28 U.S.C. § 1332(d)(1)(B) (emphasis added). As the Sixth Circuit has recognized in other contexts, “[a]ny means any.” United States v. Winans, 748 F.3d 268, 272 (6th Cir. 2014). Further, the statute expressly lists the very few class actions that aren’t included. See 28 U.S.C. § 1332(d)(5), (9). At the same time, “other” class actions are those that present the “same or similar factual allegations” against one or more of the same defendants. 28 U.S.C. § 1332(d)(4)(A)(ii).
9

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.10 Page 10 of 65
19. In the face of plain language, the Court can ask only one question to resolve this aspect of the local-controversy question: whether any Flint-waterrelated class action had been filed against any defendant in this case. See, e.g., Dutcher v. Matheson, No. 14-4085, 2016 WL 6471724, at *4 (10th Cir. Nov. 2, 2016) (finding that the local controversy exception did not apply because of a previously-filed class action based on plain language of the exception); Brown v. Saint–Gobain Performance Plastics Corp., No. 16-CV-242-JL, 2016 WL 6996136, at *4 (D.N.H. Nov. 30, 2016) (same). Obviously, there have been. Once that question is answered, the matter ends. See Kingdomware Techs., Inc. v. United States, 136 S. Ct. 1969, 1976, 195 L. Ed. 2d 334 (2016) (“If the statutory language is unambiguous and the statutory scheme is coherent and consistent—as is the case here—the inquiry ceases.” (internal quotation marks and alterations omitted)). Even belief that the result is inconsistent with “purpose” does not change the result, as “it is not [the Court’s] task to assess the consequences of each approach and adopt the one that produces the least mischief.” Lewis v. City of Chicago, Ill., 560 U.S. 205, 217 (2010). Rather, “[i]t is ultimately the provisions of our laws rather than the principal concerns of our legislators by which we are governed.” Cooper Indus., Inc. v. Aviall Servs., Inc., 543 U.S. 157, 167 (2004).2
2 Vodenichar v. Halcon Energy Properties, Inc., 733 F.3d 497, 509 (3d Cir. 2013), says nothing different. There, a group of plaintiffs had filed a class action in federal court that they then dismissed. The same day they dismissed their first
10

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.11 Page 11 of 65
20. There may very well be other reasons why the local controversy exception does not apply to this case. For instance, the exception can only apply here if there is one Michigan defendant “whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class.” 28 U.S.C. § 1332 (d)(4)(A)(i)(II)(bb). “[T]he significant basis provision effectively calls for comparing the local defendant’s alleged conduct to the alleged conduct of all the Defendants. … If the local defendant’s alleged conduct is a significant part of the alleged conduct of all the Defendants, then the significant basis provision is satisfied.” Kaufman v. Allstate New Jersey Ins. Co., 561 F.3d 144, 156 (3d Cir. 2009), cited with approval by Leonor, 790 F.3d at 691. But Plaintiff’s muddled treatment of the Michigan and non-Michigan defendants makes it difficult to say whose conduct is really the focus of their claims. See, e.g., Evans v. Walter Indus., Inc., 449 F.3d 1159, 1167 (11th Cir. 2006) (finding that local controversy exception did not apply where “plaintiffs’ evidence offer[ed] no insight into whether [the local defendant] played a significant role in the alleged contamination [forming the basis for plaintiffs’ claims], as opposed to a lesser role, or even a
action, the same plaintiffs (with the same counsel) filed a new class action asserting the same claims in state court. In these circumstances, the Third Circuit agreed that second action was a “continuation of the first,” such that the first action would not be treated as an “other class action” for purposes of the exception. Id. But this case is not a “continuation” of any Flint-related class action that preceded it. Instead, this case and the other Flint putative class actions are separate “class actions filed by different members of the same class,” which even Vodenichar recognizes are the sort of actions that CAFA is meant to control. Id. at 508.
11

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.12 Page 12 of 65
minimal role”). And if Plaintiff were to argue that the local controversy exception applies, it would be Plaintiff’s task to unwind the muddled pleading to identify a significantly involved defendant.
21. As for any of CAFA remaining exceptions and exclusions, they do not even require discussion because they so plainly do not apply. For example, 28 U.S.C. § 1332(d)(5)(A) excepts certain cases involving governmental defendants, but there are no such defendants here.
22. In short, because all three of CAFA’s basic requirements are met, and because none of the exceptions apply, CAFA affords this Court diversity jurisdiction. In passing CAFA, “Congress’s obvious purpose” was “to allow defendants to defend large interstate class actions in federal court.” Freeman v. Blue Ridge Paper Prods., Inc., 551 F.3d 405, 407 (6th Cir. 2008). The case that Plaintiff has brought here is just such an action, with thousands of putative class members seeking millions of dollars in damages from defendants scattered across the country. It is the archetypal CAFA case, and it belongs here.
23. The requirements of 28 U.S.C. § 1332 are satisfied in this case and removal to this Court based on diversity jurisdiction is justified.
WHEREFORE, having fulfilled the statutory requirements of removal, the Veolia entities respectfully remove this action from the Genesee County Circuit Court, where it is currently pending, to this Court.
12

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.13 Page 13 of 65

Respectfully submitted,

CAMPBELL, CAMPBELL, EDWARDS & CONROY P.C.

BUSH SEYFERTH & PAIGE PLLC

By: /s/ James M. Campbell James M. Campbell John A. K. Grunert One Constitution Center, 3rd Floor Boston, MA 02129 (617) 241-3000 jmcampbell@campbell-trial-lawyers.com jgrunert@campbell-trial-lawyers.com

By: /s/ Cheryl A. Bush Cheryl A. Bush (P37031) Michael R. Williams (P79827) 3001 W. Big Beaver Rd. Suite 600 Troy, MI 48084 (248) 822-7800 bush@bsplaw.com williams@bsplaw.com

Dated: December 29, 2016

13

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.14 Page 14 of 65

CERTIFICATE OF SERVICE I hereby certify that on December 29, 2016, I caused to be electronically

filed a NOTICE OF REMOVAL with the Clerk of the Court using the Court’s

CM/ECF system. Copies were served upon:

Via E-File: Genesee County Circuit Court

Via US Mail:

Andrew P. Abood (P43366) David Wolkinson (P69443) Jeffrey Lance Abood (P72607) Erica A. DeAngelis (P75894) ABOOD LAW FIRM 470 N. Old Woodward, Suite 250 Birmingham, Michigan 48009 (248) 549-0000 andrew@aboodlaw.com david@aboodlaw.com jeff@aboodlaw.com erica@aboodlaw.com

Wayne B. Mason (SBOT 13158950) Travis S. Gamble (SBOT 00798195) S. Vance Wittie (SBOT 21832980) David C. Kent (SBOT 11316400) SEDGWICK LLP 1717 Main St., Suite 5400 Dallas TX 75201 (469) 227-8200 wayne.mason@sedgwicklaw.com travis.gamble@sedgwicklaw.com vance.wittie@sedgwicklaw.com david.kent@sedgwicklaw.com

Peretz Bronstein Himon Yiftach BRONSTEIN, GEWIRTZ, & GROSSMAN, LLC 60 East 42nd Street, Suite 4600 New York, New York 10615 (212) 697-6484 perertz@bgandg.com

Philip A. Erickson (P37081) Robert G. Kamenec (P35283) PLUNKETT COONEY 325 E. Grand River Ave, Suite 250 East Lansing, MI 48823 (517) 324-5608 perickson@plunkettcooney.com rkamenec@plunkettcooney.com

Attorneys for Plaintiff

Attorneys for Lockwood, Andrews, and Newnam, P.C., Lockwood, Andrews, and Newnan, Inc., and Leo A. Daly Company

14

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.15 Page 15 of 65
by placing the same in envelopes addressed as above and by causing said envelopes to be properly stamped and deposited in the mail receptacle maintained by the U.S. Government at 3001 W. Big Beaver Rd., Troy, MI.
/s/ Cheryl A. Bush Cheryl A. Bush (P37031) bush@bsplaw.com
15

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Exhibit 1

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.17 Page 17 of 65

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.18 Page 18 of 65

STATE OF MICHIGAN IN THE SEVENTH JUDICIAL CIRCUIT COURT FOR THE COUNTY OF GENESEE

VILLAGE SHORES LLC, Individually and On Behalf Of All Others Similarly Situated,

Plaintiff,

Hon.

v

Case No.

LOCKWOOD, ANDREWS & NEWNAM, P.C.; LOCKWOOD ANDREWS & NEWNAM INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, INC.; VEOLIA NORTH AMERICA, LLC; VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC; VEOLIA ENVIRONNEMENT S.A.,

CLASS ACfiON COMPLAINT JURY TRIAL DEMANDED

Defendant.

Andrew P. Abood (P43366) David Wolkinson (P69443) Jeffrey Lance Abood (P72607) Erica A. DeAngelis (P75894) ABOOD LAW FIRM Attorneys for Plaintiff 470 N. Old Woodward, Suite 250 Birmingham, Michigan 48009 248.549.0000 andrew@aboodlaw .com/david@aboodlaw .com jeff@aboodlaw .com/erica@aboodlaw .com

Peretz Bronstein (to be admitted pro hac vice) Shimon Yiftach (to be admitted pro hac vice) BRONSTEIN, GEWIRTZ & GROSSMAN, LLC Attorneys for Plaintiff 60 East 42nd Street, Suite 4600 New York, New York 10165 212.697 .6 4 8 4 peretz@ bgandg.com

CLASS ACTION COMPLAINT AND .JURY DEMAND

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.19 Page 19 of 65
STATEMENT REGARDING RELATED CASES Several civil actions between these parties or other parties arising out of the transaction or occurrence alleged in this complaint have been previously filed in this Court and other Courts. They have been assigned to Hon. Archie L. Hayman and Hon. Richard B. Yuille, and the actions are still pending.
CLASS ACTION COMPLAINT AND DEMAND FOR JURY TRIAL Village Shores LLC ("Village Shores" or "Plaintiff') brings this action for damages and equitable relief individually and on behalf of a class of all others similarly situated. Plaintiff demands a jury trial. Unless stated otherwise, all allegations herein are made pursuant to Plaintiff's personal knowledge, Plaintiff's or its counsel's research and due diligence, and public information disseminated by the media, government employees, and others involved in the FJint, Michigan crisis. Introduction and Nature of the Case I . Plaintiff and the class are all owners of rental property in Flint, Michigan. These landlords rented out property to tenants with water included, at the landlords' expense. The toxic water in flint caused physical, emotional, and economic harm to the residents and property owners in Flint. Plaintiff brings this suit for damages and equitable relief against Defendants to remedy the harm they have caused. 2. On November 29, 2011, Governor Snyder appointed an Emergency Manager over the city of Flint to save it from financial distress . In 2014, the emergency manager decided to save money by making the FJint River the city's sole water source - the previous source was safe and usable but more expensive.
2

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.20 Page 20 of 65
3. The Emergency Manager, city employees, and the companies they hired (some of whom are defendants here) failed to implement a corrosion control protocol, as required by the Safe Drinking Water Act, they and otherwise failed to exercise reasonable care with regard to Aint's water system. As a result of this and other conduct, residents and businesses received, through unprotected pipes, toxic water with lead and other harmful chemicals. As is common knowledge, lead exposure has extensive and long-term effects on the health of adults and children.
4. The water crisis also caused extensive economic damage to the Plaintiff who paid water bills for several years in exchange for clean water for their tenants. Instead, they were provided toxic water. Besides losing the benefit of the bargain, this also hurt the landlords' relationship and goodwill with tenants, both real and financial. Many tenants refused to pay rent or agreed to only pay a lower amount than was agreed upon. Other tenants simply fled the troubled property and city.
5 . The ordeal also damaged rental and investment property owners because the crisis caused property values to plummet. Moreover, it is difficult to sell property, even at severely depressed prices, because buyers are scared of investing in the area. Moreover, even if a buyer could be found, that buyer cannot secure a loan from banks and other institutional lenders that are understandably uninterested in securing a loan with damaged property or accepting the unusually high risk of securing a loan with property in Flint, Michigan.
6. In February of 2016, Governor Snyder signed a $30 million package to refund all Aint residents' water bills for the period of April 2014 to April 2016. Under this system, residents would receive a 100% refund for the water use portion of their bills. However, the
3

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state has and is discriminating against Plaintiff and the Class by providing them with only a 20%

refund of their bills.

7.

As mentioned above, Defendants' conduct has directly caused significant

property damage to Plaintiff and the Class. The toxic water has irreparably damaged Plaintiff's

appliances and their properties' pipes. Moreover, the stigma and media coverage associated with

the water crisis has predictably reduced, and will continue to reduce, residential and commercial

property values in Aint, causing further substantial financial harm to Plaintiff and the Class.

Although Flint finally switched back to its prior water source after extensive media and political

pressure, Plaintiff's corroded pipes and appliances remain in need of repair. The only option for

Plaintiff and the Class to be assured of safe water is to entirely replace their defective pipes and

appliances.

8. Plaintiff and the Class seek damages and equitable relief under theories of

professional negligence, gross negligence, negligence, tortious interference with a business

relationship or expectancy, tortious interference with a contract or contractual relationship, and

Unjust Enrichment. The engineering firms owed Flint and its resident a duty to use due care in

assuring that the city's water supply is safe . But they failed, harming many people physically

and economically.

The Parties

9. Village Shores LLC is a Michigan limited liability company with an address of

25600 Woodward Ave., Suite Ill, Royal Oak, Ml 48067. Its principal place of business is at

410 Lippincott, Flint, Ml 48503, which is a 48 unit residential housing property. Village Shores

has suffered property and monetary damages as a result of the Aint water crisis.

Case 5:16-cv-14498-JEL-APP ECF No. 1 filed 12/29/16 PageID.22 Page 22 of 65
10. Lockwood, Andrews & Newnam, P.C. ("LAN P.C.") is a Michigan professional corporation with its principal place of business at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. At all relevant times, LAN P.C. held itself out to the world as a Lockwood, Andrews & Newnam, Inc. ("LAN Inc.") company. Upon information and belief, LAN P.C. was incorporated in 2008 by LAN Inc. after it was retained to conduct studies and reports of the feasibility of a new water supply for the City of Flint. Upon information and belief, work and services provided by LAN P.C. were conducted at LAN Inc.'s Chicago, Illinois location.
11 . LAN Inc. is a Texas corporation with its principal place of business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant times, LAN Inc. conducted business in Genesee County through Defendant LAN P.C., at 1311 S. Linden Road, Suite 8, Flint, Michigan 48532. LAN Inc . is a full·service consulting firm that offers planning, engineering, and program management services, including civil infrastructure engineering and municipal water treatment and design.
12. Leo A . Daly Company ("Daly Co.") is a Nebraska corporation with its principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114. Daly Co. is an international architecture and engineering firm with about 800 professional employees in 31 offices worldwide. Upon information and belief, Daly Co. is the parent company of LAN Inc. and LAN P.C.
13. Defendants LAN P.C., LAN Inc., and Daly Co. are referred to collectively herein as , "LAN." The LAN defendants have conducted, and do regularly conduct, business in Michigan. The LAN defendants have also committed torts in Michigan. This Court has personal jurisdiction over the LAN defendants under MCL § 600.715 for each of the foregoing reasons.
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14. Veolia North America, Inc. ("Veolia N.A . Inc.") is a Delaware corporation with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601 .
15. Veolia North America, LLC (''Veolia N.A. LLC") is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 6060 I.
16. Veolia Water North America Operating Services, LLC ("Veolia Water") is a Delaware Limited Liability Company with its principal place of business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
17. Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water all design and provide water solutions for communities and industries across the country.
18. Veolia Environnement S.A. ("Veolia S.A.") is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia S.A. is a global provider of environmental management services. These services include the supply of water, the treatment and recovery of municipal or industrial effluent, waste collection, processing and recycl ing, the supply of heating and cooling services and the optimization of industrial processes. Upon information and belief, Veolia S.A. is the parent corporation of Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water.
19. Defendants Veolia N.A. Inc., Veolia N.A. LLC, Veoli a Water, and Veolia S.A. are referred to collectively herein as "Veolia." The Veolia defendants have conducted, and do regularly conduct, business in Michigan. The LAN defendants have also committed torts in Michigan. This Court has personal jurisdiction over the LAN defendants under MCL § 600.715 for each of the foregoing reasons.
20. LAN and Veolia are herein collectively referred to as "Defendants."
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21. John and Jane Doe Nos. 1-100, various other individuals, firms, and/or corporations, not named as Defendants herein, may have participated in the events that caused Plaintiff's and the Class's injuries. Plaintiff reserves the right to subsequently name some or all of these persons as defendants as more information is learned about them and their roles in the Aint water crisis.
Jurisdiction and Venue
22. This Court is the proper venue for this lawsuit for several reasons. The original injuries and damages occurred in Genesee County. Furthermore, Defendants all reside and/or conduct business in Genesee County. Moreover, Plaintiff and the Class have suffered harms and incurred costs and monetary damages in Genesee County. And finally, many- if not all - of the occurrences described herein occurred in Genesee County.
23. This Court has subject matter jurisdiction over this dispute because the amount in dispute is in excess of $25,000, exclusive of costs and attorney' s fees, and all of the parties have transacted business in Genesee County, Michigan at all times .
Factual Allegations 24. There are more than 50,000 housing units in Flint, Michigan. Plaintiff and the
class of property owners are renting about 45% of those units to residents. Most, if not all, of these units are provided with water included, at the landlord's expense.
25. The residents renting these units obviously rely upon the safe water that the city, state, and the class are supposed to provide to them for drinking, cooking, bathing, etc.
26. After years of economic hardship, Aint's financial situation reached a critical point in 2011 . An audit estimated a $25 .7 million deficit for the city; Flint's water supply fund showed a $9 million deficit.
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27. At that time, Governor Snyder declared Flint to be in a financial emergency and the City entered receivership. The Emergency City Governors now had the responsibility to govern the City, including operation of its utilities and other services, including its water supply. These Emergency City Governors were appointed by the Governor and employed by the State.
28. At or around November 29, 2011, Governor Snyder appointed Michael Brown as the Emergency Financial Manager in Flint. The democratically elected offices of Flint became subordinate to Brown. According to state Congressman Dan Kildee, Brown was appointed to ..simply do one thing and one thing only, and that's cut the budget- at any cost."
29. For many decades (since 1967), Flint had been purchasing its water from the city of Detroit. The Detroit Water and Sewerage Department (..Detroit Water") had been its principal water source and the Flint River served merely a backup source in the event of a water shortage or interruption of service from Detroit Water.
30. The emergency regime began brainstorming ways to drastically slash the cost of Flint's water and sewer system; water and sewer costs were the single largest expenditures in Flint's budget. Rowe Professional Services revealed in a September 2011 report that Flint could save money by purchasing water from the Karegnondi Water Authority (14Karegnondi") instead of Detroit Water. However, switching to Karegnondi would require substantial and timeconsuming new construction. Thus, an immediate switch away from Detroit Water would require Flint to reopen its shuttered municipal water treatment plant, which sourced its water from the Flint River before 1967.
31. The Karegnondi was incorporated in 2010 to provide and distribute water sourced from Lake Huron.
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32. In August of 2012, Edward Kurtz took over as Flint's new Emergency Manager. Four months later, Michigan Treasury officials met with Flint leaders to discuss alternative sources for Flint's drinking water, including the Flint River. The officials agreed to study two potential options for water sources: remaining with Detroit Water or switching to Karegnondi.
33. Young, Jackson & Tull, Inc. ("Tucker Inc."), an engineering consulting firm, was retained by the state of Michigan "to provide an analysis of the water supply options to assist the Treasurer to provide an analysis of the water supply options to assist the Treasurer in determining any potential risk and the best course going forward for supplying potable water to the City of Flint."
34. In February of 2013, Tucker Inc. issued a report assessing the water supply alternatives for the City of Flint. The report discussed only financial considerations; it did not discuss any potential or actual health and safety issues related to using the Flint River as a water source.
35. The report concluded that continuing to obtain water from Detroit Water would likely cost less than switching to the proposed Karegnondi treatment plant. However, the report also noted that Flint had an interest in attaining water autonomy. In other words, Flint had an interest in having an independent water source that would not require them to rely upon Detroit Water. The report recognized that one way that Flint could accomplish this is by transitioning to Karegnondi.
36. On March 25, 2013 , State Treasurer Andy Dillon and Gov. Snyder's Chief of Staff Dennis Muchmore discussed alternative water sources before the Flint City Council. The Council voted 7-l to switch the water source to Karegnondi. The vote had no legal effect because, due to the receivership, the Emergency Manager had sole authority to authorize such a
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change. As mentioned above, such a switch would require immediate reliance on the Aint River as a water supply until the necessary construction would be completed.
37 . The next day, on March 26, 2013, Stephen Busch (District Supervisor of the Michigan Department of Environmental Quality ("MDEQ")) emailed Daniel Wyant (director of MDEQ) about the proposed switch to the Aint River. In that email, Busch outlined the health risks posed by switching to the Flint River as a water source. Specifically, he noted that it would, "(p)ose an increased microbial risk to public health," and " lplose an increased risk of disinfection by-product."
38. Three days after Busch cautioned danger, Emergency Manager Kurtz signed a resolution authorizing Flint to enter a contract with Karegnondi. Treasurer Dillon approved that decision on April II, 2013. Dillon noted that he was relying in part on the MDEQ's support of the project as well as Emergency Manager Kurtz' s "representations that this deal will lead to substantial savings for the City over the coming decades."
39. On April 15, 2013 , four days after Dillon authorized the switch, Detroit Water wrote a letter to Kurtz and Karegnondi, urging reconsideration and offering lower rates. Detroit Water stated that its "goal is to provide the lowest-cost water solution. . .."
40. This was to no avail as Kurtz signed a contract with Karegnondi the very next day, on April 16,2013.
41. On April 17, 2013, Detroit Water sent a letter to Aint to advise it that it will terminate its water service within a year, allowing Aint until April of 2014 to find an alternative water source until the new construction is completed for Karegnondi , which turned out to be in 2016.
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42. On June 26, 2013, Kurtz signed a resolution that allowed the city to hire LAN, which has offices in Aint, to put the city's water plant into operation and use the Aint River water. LAN had previously advised the City regarding the design of an upgrade to the Aint Water Plant.
43. In a January 13,2015 document entitled "Water System Questions and Answers," the City assured citizens that "with support from LAN engineering which works with several water systems around the state, quality control could be addressed."
44. In fact, the city hired two engineering firms, Defendants LAN and Veolia, to review its water distribution system, ensure compliance with federal and state environmental regulations, and provide expert engineering advice to Flint and its Emergency Manager. By accepting this business and undertaking the work, Lockwood and Veolia assumed the responsibility to satisfy the standard of a reasonable engineer.
45. As is obvious now, Lockwood and Veolia failed and acted below that standard in several critical ways. First, Lockwood and Veolia failed to conduct a root cause analysis to determine the cause of Aint's initial water problem; this analysis would have quickly revealed that the Aint River' water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters. This also caused extensive pipe corrosion and an extreme risk of lead contamination. A root cause analysis would have also revealed that the city had not adopted a corrosion control protocol as mandated by the Safe Drinking Water Act and the related Lead and Copper Rule.
46. These engineering firms also ignored at least several red flags that should alert a prudent engineer to extensive corrosion problems and lead to implementation of effective protective measure. Lockwood and Veolia failed to anticipate widespread corrosion problems in
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light of the switch to a highly saline water source. They also failed to adequately investigate and address the present bacteria, which would have signaled corroded pipes to any reasonably competent engineer. The 2015 outbreak of Legionnaires Disease would also alert a competent engineer to corrosion problems. Another red flag was Aint's rusty and brown tap water, indicating the release of metal from the pipes.
47. Lockwood and Yeolia also acted irresponsibly by recommending that Flint double the ferric chloride in the water. A reasonable engineer would have known that ferric chloride is highly acidic and causes corrosion if used without proper buffering agents. This dangerous recommendation was carried out in Flint's water.
48. In deciding to switch to the Flint River, the City of Flint noted LAN's "extensive experience in this field," and relied upon LAN's identification of the "engineering, procurement, and construction needs" for the project." Although Flint recognized that water from the Flint River "would be more difficult to treat," the City concluded, based on LAN's recommendations,
that the Aint River was "viable as a source" of the City's water. See City of Aint, Water System
Questions & Answers (Jan. 13, 2015), http://mediad.publicbroadcasting.net/p/michiganlfiles/ 201512/CoF-Water-System-FAQ-l-16-2015.pdf (last accessed August 22, 2016).
49. LAN advised Aint through 2015 regarding the switch to the Flint River. LAN profited handsomely, being paid more than $3.8 million for its professional services. City officials, including Mayor Walling, relied upon LAN's advice in pronouncing the City's water to be safe.
50. Darnell Earley took over the Emergency Manager position in October of 2013 . He rejected an offer by Detroit Water to continue purchasing water from Detroit until the Karegnondi pipeline could be completed.
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51. Instead, the City switched to the Flint River as its water source on April 25,2014. 52. On that same day, a Flint news release quotes a MDEQ official: "the quality of the water being put out meets all of our drinking water standards, and Flint water is safe to drink." 53. But Flint, the MDEQ, and all the hired engineering companies did not require or provide corrosion-control treatment to prevent lead from leaching into the pipes even though the Flint River' s water was significantly more corrosive than the Detroit Water, which is sourced from Lake Huron. 54. In fact, despite receiving the necessary permits from MDEQ to source water from the Flint River, the water system and infrastructure was not ready to become operational. 55. Michael Glasgow, Flint's Laboratory & Water Quality Supervisor, explained in the problems in an April 14,2014 email , only II days before switching to the Flint River: I have people above me making plans to distribute water ASAP .... I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon .... If water is distributed from this plant in the next couple weeks, it will be against my direction.... I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda. 56. Glaslow's concerns proved true and the water system was not prepared for the switch to the Flint River. The Flint River had become contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The chlorides in the Flint River were eight times the levels provided in the water from Detroit Water. Chlorides are highly corrosive and must be neutralized with anticorrosive agents before entering public water systems.
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57. In May of 2014, only weeks after the switch, Flint residents flood the city with complaints regarding the smell, taste, and color of the drinking water.
58. Despite these complaints, Mayor Dwane Walling called the water a "safe, quality product," and claimed that "people are wasting their precious money buying bottled water."
59. But the truth became increasingly obvious as residents began to report that the water was making them sick. In fact, on August 14,2014, Flint's water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 15, 2014
and September 5, 2014 in response.
60. In October of 2014, the Flint General Motors plant refused to continue using the river water because it's rusting car parts. In response, the city arranged for the company to tap into a different water line from Flint Township. But Flint residents are still forced to drink the river water.
61. In response to General Motor's decision, MDEQ's Michael Prysby wrote to Stephen Busch and others that the Flint River water had elevated chloride levels. He stated that "although not optimal(,(" the water was "satisfactory." He noted that he had " stressed the importance of not branding Aint's water as 'corrosive' from a public health standpoint simply because it does not meet a manufacturing facility's limit for production ."
62. To address the bacteria problem, the City treated the water with additional chlorine. However, as has been well known for decades, in corroded pipes chlorine reacts with the bare metal instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply is thus ineffective in treating bacteria.
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63. On January 4, 2015, Aint announced that its water contains a very high level of trihalomethanes, a disinfectant byproduct. Even though this violated of the Safe Drinking Water Act, officials advised that residents with normal immune systems have nothing to worry about.
64. The use of chlorine to disinfect water produces various disinfection byproducts, including trihalomethanes (often referred to as Total Trihalomethanes or 'TIHM"). In the presence of bare pipes not protected by a corrosion control protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless. But higher levels pose serious health risks, like kidney and liver problems. That's why the U.S. Environmental Protection Agency ("EPA") and various state agencies regulate TTHM levels.
65. It became apparent that Aint's TTHM levels were alarmingly high almost immediately following Aint's bacterial problems. This should have been a red flag . It is common knowledge in the scientific community that high TTHM levels can be a symptom of unprotected and corroding pipes.
66. According to the World Health Organization (emphasis added): Chlorine . . . . acts as a potent oxidizing agent and often dissipates in side reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing
agents (hydrogen sulfide IH2S J, manganese(II), iron(II), sulfite Iso/-!' sr- ' iodide
WI. nitrite). From the point of view of DBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may befast and result in the consumption ofchlorine. 67 . That is exactly what happened in Aint's water distribution system. Aint and its hired engineering companies believed that the initial dosages of chlorine were not effective in treating bacteria, so they added more chlorine. Unfortunately, the problem was not that the dosage of chlorine was too low to treat the bacteria; rather, the chlorine was preferentially reacting with the bare pipes instead of solely attacking the bacteria. The pipes were bare because
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the Flint River's corrosive water had stripped away the pipes' protective coating. Now Aint had a second problem: the excess chlorine generated high levels ofTTHM.
68. On December 31, 2014, the first round of lead monitoring results showed a 90th percentile lead level result of 6 parts per billion with two samples above action levels for lead ( 15 parts per billion). Significantly, these samples were not even necessarily drawn from the highest risk homes, as required by various environmental regulations.
69. No one notified the public of these test results. However, on January 12,2015, in response to water quality concerns and clearly highlighting knowledge of the problem, the state installed water coolers in state offices in Flint, gave state employees bottled water, and provided bottled water to visitors. Unfortunately, nobody extended these same courtesies to Aint residents-they did not receive these options, resources, or information.
70. Another problem emerged in the summer of 2014 when the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires' disease.
71. Legionnaires' disease, or legionellosis, is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the mortality rate rises to 80%. Infection in humans occurs when water droplets contaminated with Legionella bacteria are inhaled or when water containing Legionella enters the trachea. Legionel/a has been extensively studied and the conditions for likely outbreaks of the disease are well understood.
72. The Legionnaire's outbreak is yet another red flag that should have alerted Aint officials and engineers that there is a corrosion problem in Rint's pipes. According to a briefing statement prepared by MDEQ and sent to Governor Snyder (emphasis added):
Most of the city's 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow
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and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers ofbacteria that attach to the interior pipe wall. 73. The MDHHS also first noted another problem related to Flint's water in September of 2014. According to an internal memo-not released to the public until much later- MDHHS warned that lead poisoning rates "were higher than usual for children under age 161iving in the City of Flint during the months of July, August and September, 2014." 74. Despite the MDEQ's report that Aint's water tests revealed TTHM levels in excess of that allowed under federal law, on January 6, 2015, Flint's former mayor, Dayne Walling, told Flint's residents the water was safe, assuring them that his family used it. 75. Later, on January 9, 2015, the University of Michigan announced to the public its own study that revealed heightened lead levels found in some of its drinking fountains. 76. On January 12, 2015, in response to Aint water crisis, Detroit Water offered to reconnect Flint at no additional charge, allowing Flint to avoid a $4 million reconnection fee. But the Emergency Manager refused. 77. Despite all of its knowledge that the city's water is dangerous, Aint and Defendants took no steps to address its corrosion control problems. In fact, officials took affirmative steps to conceal their exclusive knowledge from the public. 78. A recent scientific study found lingering traces of Legionella in Flint's water supply. Even after switching Aint's water back to Detroit Water, researchers were able to culture Legionella bacteria from sample sites in Flint. According to Dr. Otto Schwake, a postdoctoral fellow at Virginia Tech University, the corrosion of Flint's pipes may have left them "permanently more conducive to Legionella." 79. As mentioned above, Aint hired two engineering companies, LAN and Veolia, to analyze the situation and advise Aint on how to make the water safe.
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80. Aint first hired LAN. On June 26,2013, it was resolved by Emergency Manager Kurtz, that the City would "enter into a Professional Engineering Services contract with Lockwood, Andrews & Newnam, Inc. for the administration of placing the Aint Water Plant into operation using the Aint River as a primary drinking water source at a cost of $171 ,000.00." In addition to Kurtz's signature, the resolution was also approved by Peter M. Bade, the Chief Legal Officer, and Gerald Ambrose, who was acting as the Finance Director at the time.
81. Aint initially hired LAN to complete an "Operational Evaluation Report" ("OER") in conformance with EPA guidelines with the goal to determine the cause(s) of high levels of ITHM and evaluate possible solutions." The EPA's guidelines for completing an OER include examining whether there has been a change in water source or quality, which includes an examination into the pH of the water. Additionally, the guidelines require an examination into whether there has been any change in chemical applications including changing dosage or chemicals."
82. The scope of LAN's assignment expanded over time and LAN was ultimately paid approximately $3.8 million for work it performed in connection with the Flint water system between 2013 and 2015. As recently as November of 2015, LAN was retained pursuant to a $907,000 "add-on" to its existing contract to advise Flint regarding the transition to the new Karegnondi plant. Throughout the relevant time period, Flint officials relied on LAN to use its professional expertise to properly advise them on how to maintain the safety, quality and reliability of Aint's water supply.
83. Aint also issued an Invitation to Bid for Professional Water Consultant Engineering Services. Flint sought to engage an engineering company to "review and evaluate the water treatment process and distribution system, provide recommendations to maintain
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compliance with both state and federal agencies, and assist in implementing accepted recommendations." The Invitation to Bid further specified that the engineering firm would be asked to provide an "lelvaluation of the City's processes and procedures to maintain and
improve water quality," and a "I r(eport that outlines recommendations that will improve the
water treatment and distribution system." Despite the extensive nature of the services requested, the price of Veolia's bid was only $40,000. No other company even submitted a bid .
84. Aint accepted Veolia's bid. On February 10, 2015, Veolia and the City issued a joint press release to the community at large, indicating that Veolia was an "urban water expert" in "handling challenging river water sources" and that it would essentially be evaluating all of the City's water treatment processes.
85. LAN's and Veolia's performance of their professional duties fell far short of the appropriate standard of care that would have been employed by an engineer of ordinary learning, judgment, and skill. Specifically, LAN's and Veolia's professional negligence took two forms: (I) a failure to conduct a root-cause analysis that would have identified the need for corrosion control, and (2) the recommendation to add ferric chloride rapidly increased the rate of corrosion and amount of lead that leached into Flint's drinking water. Both of these significantly damaged the health of Aint residents and the class's property and property interests.
86. In February of 2015, LAN issued a report titled, "Trihalomethane Formation Concern," and on March 12, 2015, Veolia issued its report, "Flint Michigan Water Quality Report." Significantly, both reports are missing a root cause analysis identifying corrosion as a cause of Aint's high TTHM levels. LAN's and Veolia's failure to perform a root cause analysis constituted professional negligence.
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87. A root cause analysis is a process for investigating and categorizing the root causes of events with safety, health, environmental, quality, reliability, and production impacts. The purpose of a root cause analysis is to identify why a given event occurred. Understanding why an event occurred is critical to developing effective recommendations for how to solve the problem.
88. It is illogical to provide recommendations to Flint on how to solve the water crisis when LAN and Veolia do not know what is caused the crisis in the first place.
89. If Defendants had conducted a root cause analysis, they would have discovered that the Flint River, like many urban rivers, was highly contaminated with salt from road deicing operations that was likely corroding Flint's pipes. Salt contains sodium and chloride. Chloride is very corrosive to iron pipes. Having identified the root cause, they would have prompted Flint to address the root issue- a course of action that would have prevented almost all of the tragic consequences that actually followed. Instead, both LAN and Veolia blindly assumed that poor disinfection effectiveness was the cause and provided recommendation based on this faulty assumption.
90. The Defendants' negligence is shocking. LAN and Veolia ignored several red flags that should have alerted them, or any other qualified engineer, to the extensive corrosion and pH problems with Flint's water system.
91 . For example, it should have been obvious to LAN and Veolia - self- professed experts on water quality and treatment issues - that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations over decades of harsh Michigan winters. It is well known that chloride concentrations in northern U.S. rivers have increased dramatically over time with average concentrations approximately
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doubling between 1990 and 2011. This is particularly evident in cold, urban settings, such as Aint, Michigan, where there are both significant snowfalls and dense roadways that require deicing. Chloride contamination should have been obvious to water-engineering specialists such as LAN and Veolia given these characteristics.
92. Indeed, in February of 2004, the MDEQ, the U.S. Geological Survey ("USGS"), and the City completed an assessment of the Aint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. See City of Aint, City of Flint 2014 Annual Water Quality Report at 2 (2014), https://www .cityoffl int.com/wp-content/uploads/CCR-2014.pdf (last accessed August 22, 20 16).
93. In addition, Defendants should have realized from the Aint River's elevated chloride levels-8 times that of Detroit Water-that there was a serious corrosion issue.
94. The Flint River water also had an extremely high chloride-to-sulfate mass ratio ("CSMR") of 1.6. Normally , a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-to-sulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately learned that there is a serious corrosion risk.
95. The inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion . It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine is caused by corroded pipes. Flint's inability to treat E. coli with chlorine- and the resulting TTHM problem- should
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have placed LAN and Veolia on notice that Aint's pipes were corroding and releasing lead and other materials into the drinking water supply.
96. The increase of reported cases of Legionnaires' disease, reported during a press conference prior to hiring Defendants', should have similarly alerted Defendants that Aint's water system exhibited signs of corrosion. One of the most common causes of Legionnaires' disease is exposure to impacted potable water. While Legionella is found widely throughout the environment, an outbreak is quite uncommon. Outbreaks are related to environmental factors, not person-to-person exposure. Flint's outbreak of Legionnaires Disease indicated the presence of Legionella bacteria in Flint's pipes and the likely presence of pipe corrosion.
97. Legionella exhibits several properties that allow them to persist in extreme environmental conditions such as low and high temperatures, presence of disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are in warm water between 35° and 46° Celsius (C) (95°-114.8° Fahrenheit (F)). These environmental conditions promote and protect Legionella growth due to the association between Legionella and biofilms, as well as their symbiotic and parasitic interactions with other microorganisms. They are also ideal conditions for pipe corrosion.
98. Legionnaires' disease is associated with biofilms and corrosion in piping systems, and water with a pH in the range of 5.0 to 85. All of these conditions were present in the Aint water supply, yet neither LAN nor Veolia made any recommendations to treat the water to prevent or abate an outbreak. LAN and Veolia should have known that the outbreak of Legionnaires' disease was related to corroding pipes, and should have recommended steps to abate the corroded pipe and conditions causing corrosion.
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99. Moreover, in constructing and maintaining drinking water systems, operational and procedural efforts must be taken to prevent the growth of Legionella, including an assessment of the quality of the source water and the installation, operation, and maintenance of systems to protect the installations from sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
100. Finally, the color of Flint's water alone should have led any reasonable engineer to the conclusion that Aint's pipes were dangerously corroded. The source of Aint's water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint's water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
101. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. The federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule ("LCR") in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
102. Aint's lack of a corrosion control protocol constituted a clear violation of the EPA's Lead and Copper Rule . Given this violation, Veolia's conclusion in its March 12, 2015 report that its "review of water quality records for the time period under our study indicates compliance with State and Federal water regulations" was clearly false.
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103. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia's report states, "The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water." The report explains that, "Polyphosphate addition will not make discolored water issues go away." Thus, rather than recognizing that corrosion control was required to render Flint's water system compliant with federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not have a corrosion control protocol and undermined the importance of installing one by stating that it was unlikely to be effective in addressing discoloration (without the slightest mention of the urgent need to implement this to address the severe lead contamination in the water) . Even
Veolia's suggested dosage of polyphostphate, 05 mg/L, was far too low. The City is now adding
four to eight times as much polyphosphate , 2 to 4 mg/L. 104. Veolia knew or should have known that the Flint water system was in violation of
federal safe drinking water standards. Its affirmation that Aint was in compliance with federal environmental standards - a false assurance that Flint's water was safe - ilJegaiJy instilled confidence in Flint' s water on behalf of both the City and its residents. As a direct and proximate result, Flint did not take further steps to resolve its water problems and the corrosion continued, making its residents sick and damaging the class's property interests.
105. For these and other reasons , LAN also knew or should have known that Flint's water was in violation of federal regulations and causing corrosion. Instead , LAN drafted a generic report that encouraged a continued course of neglect.
I06. Defendants should have, but failed to, quickly realize that the pi pes were corroding and releasing lead and other harmful substances into Aint's water, and that the

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corros1ve water was coursmg through residents' and property owners' homes, residential buildings, and businesses. LAN and Veolia negligently failed to make these basic observations and, as a direct and proximate result, pipes throughout Flint corroded. Their failure to conduct the proper analysis constituted professional negligence.
107. In addition to failing to conduct any proper root cause analysis, Defendants affirmatively exacerbated Flint's corrosion problem by advising Flint to add ferric chloride - a very potent, corrosive acid - without the addition of an alkaline buffer to raise the pH. This aggravated the problems with Flint's water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
108. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out of the water at the treatment plant. But ferric chloride is highly acidic and corrosive: if not buffered by an alkaline substance, it attacks the pipes throughout the distribution system, causing lead and other materials from the pipes to be released into the drinking water. Accordingly, it is universally agreed that to reduce corrosion, some form of phosphate or other corrosion control must be added to coat the pipes. This industry practice applies to minimizing the impact of ferric chloride and any other chloride from other sources (e.g., the Flint River). And, as discussed above, the Federal Safe Drinking Water Act mandates corrosion control.
109. Veolia represented m its March 2015 report that prior to arriving at its conclusions, Veolia undertook "laboratory testing" and concluded that, "(c(urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended." Veolia acknowledged that its recommended increase was significant: "This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year."
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110. Veolia's directive that the City doubles its dosage of ferric chloride was unqualified: Veolia failed to warn that ferric chloride could increase corrosion. Moreover, Veolia failed to inform Flint that in order to increase the dosage of ferric chloride (or to use any chloride at all) it must also raise the water's pH and use phosphate to protect the pipes from corrosion.
111. In August of 2015, LAN made the same recommendation to increase the dose of ferric chloride.
112. LAN and Veolia should have warned Flint that the addition of phosphate and a pH buffer was required to prevent the leaching of lead from pipes, especially if the ferric chloride concentration was increased. But Defendants failed to provide such a warning.
113. As a direct and foreseeable result of LAN 's and Veolia's recommendations, Aint increased the ferric chloride dosage without adding corrosion controls.
114. The ferric chloride added to Flint's water system at LAN's and Veolia's suggestion caused substantially greater amounts of lead to leach into Flint's water supply.
115. The impact of acid on metal, which includes the pipes and appliances in Aint, is well known to water experts. As indicated by the Centers for Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. ... These acidic water treatment additives can interfere with corrosion protection.... Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home... . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. ... The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity,
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alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water. Centers for Disease Control and Prevention, Fluoridation ofDrinking Water and Corrosion of Pipes in Distribution Systems Fact Sheet, http://www .cdc.govlfluoridation/factsheets/engineering/corrosion.htm (last updated July 10, 2013)(1ast accessed August 22, 2016). 116. The Aint Water Study Group from Virginia Tech University displayed findings that show that the pH of Aint's water distribution system became more acidic after the Veolia Report was issued in March, even as the pH in the Flint River became less acidic. The group released the following chart to illustrate this point.

a3 ~------------------------------------------------_,
City of Flint- 2015
- Flint Riwr Source Wabtr pH (Awrap)

7.9
:cI:.
7.7

- Flint Treated Water pH (Averac•)

has " lime corrosion cont r o l "

has "optimal corrosion cont r o l "

control"

7/13: "anyone who lsconcemed about lead In the dr lnklngwater In Fllnt can relax"
8/ 4 : EPA

7.5

5/1: "Requiring a <corrosion control>study at the currenttlme will be o f little to no value In the long term control of <lead>.•

7.3 -+-------.--------------.--------r------r-------.-------1

Feb

Mar

May

117. The graph above shows that the Fl int River had a pH at or above 8.0 S.U. for all of 2015 and that it increased after June. By comparison, the graph shows that the pH in Aint' s municipal water supply started dropping steadily from 7 .9 S.U. in March Uust after Veolia made its recommendation to double the ferric chloride concentration) to 7.3 S.U. in August. This difference is significant because pH is measured on a logarithmic scale, which means that a pH

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of one whole number, such as 7.0 S.U., is ten times more corrosive than a pH of another whole number, such as 8.0 S.U. The drop in pH from 7 .9 to 7.3 indicates a dramatic increase in the corrosivity of Flint's water.
118. The graph also includes quotes from Defendants' emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint's drinking water.
119. Of course, these are also the very findings and conclusions that the EPA reached on June 24, 2015 about Flint's addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion oflead in the plumbing network. Memorandum , High Lead Levels in Fl int, Michigan- Interim Report, from Miguel A . Del Toral , Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy , Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added). 120. The EPA has explained that, "lc)ontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or enhanced softening is implemented ." EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual§ 6 .4, (EPA 815-R-99-012, May 1999) (hereinafter, "EPA Guidance"). 121. This is true because, "li )f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in
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almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation." /d.
122. "Enhanced coagulation and enhanced softening may change the chemistry of the
water entering the distribution system. Before enhanced coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed. . .. If the
recommended mitigation actions represent a major change in corrosion control , the utility can conduct pilot-scale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals." ld. (emphasis added)
123 . '"The vast majority of U.S. utilities were able to comply with !U .S. EPA' sJiead and copper rule by: I) pH and alkalinity adjustment, most frequently to the pH range of 9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble Pb03 deposits through chlorination to high ORP land sometimes concurrent adjustment to> 9 S.U." IWA Guide at 46.
124. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
125. Both LAN and Veolia analyzed the pH in Flint's water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Aint's water would have been less corrosive and, consequently, less lead would have leached into Aint's water.
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126. LAN and Veolia were hired for the express purpose of determining the cause of Hint's water problems and identifying the corrective measures necessary to render Flint's water system compliant with state and federal regulations.
127. LAN and Veolia entirely failed to satisfy the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint's TTHM levels and, relatedly, caused lead and other materials leaching into Hint's water supply. Moreover, a proper root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
128. Despite recognizing that Hint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN's and Veolia's reports implicitly and explicitly deemed Hint's water system compliant with federal regulations. By doing so, LAN and Veolia wrongly bestowed Hint's water with their false seal of safety.
129. On February 4, 2015, Hint resident LeeAnne Walters's son developed rashes all over his body. After showing a video to the Flint City Council, the City tested her water for lead on February 26,2015 and results were extremely high.
130. Jennifer Crooks of the EPA explained in an email to MDEQ's Busch and Prysby, "ltlhat the different chemistry water is leaching out contaminants from the insides of the biofilms inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant."
131. The Regulations Manager of the Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following
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on February 26, 2015: "Miguel was wondering if Aint is feeding Phosphates. Aint must have Optimal Corrosion Control Treatment-is it Phosphates?"
132. On February 27, 2015, MDEQ's Stephen Busch falsely infonned the EPA that, "The City of Flint ... Has an Optimized Corrosion Control Program (andl Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results ."
133. On March 3, 2015, after the City increased its ferric chloride dosage to address TTHM levels, Ms. Walters's home was retested and showed lead levels of 397} more than twenty-six times the legal limit. Again, neither the City nor the professional engineers retained to advise Flint regarding its water system did anything to investigate, fix, or inform the public regarding the extreme hazard posed by the City's water supply.
134. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of 3 ltg/dL. Fearing that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood re-tested for lead on March 27, 2015. This test reported a blood lead level of 6 .5 I' g/dL higher than the CDC's 5pg/dL threshold.
135 . Ms. Walters brought this infonnation to the attention of local health officials. Far from recognizing the danger posed by this result, Ms. Walters's concerns were casually dismissed and even belittled. "He is barely lead poisoned," Ms. Walters was told by a state nurse, "If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation ." The same nurse continued, "I am working with kids in their 40's and SO's. It is just a few IQ points . . . it is not the end of the world."
136. Ms. Walters's water was again retested on April 28, 2015. Those tests showed extremely high lead levels of between 200 ppb and 13~00 ppb} with an average of 2}429 ppb.
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The legal limit is 15 ppb- accordingly, at the high-end, the lead in Ms. Walters' home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists to investigate the Flint water system. That team, Jed by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study, which has sought to compile information related to the Flint water crisis. In response to Virginia Tech's results , the City and Defendants remained silent.
137. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved "pre-flushing" before collecting samples. According to an EPA official , "pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water." Pre-flushing, while not expressly prohibited, "negates the intent of the rule to collect compliance samples under ' worst-case' conditions." No public announcements were made regarding the existence of lead in Flint's drinking water.
138. Having seen no action from Michigan, MDEQ, or the City in response to its prior Jetter regarding the Walters ' high lead tests, EPA ' s Del Toral drafted and sent a memorandum to other EPA and MDEQ officials on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA 's "major concern from a public health standpoint" was "the absence of corrosion control treatment in the City of Aint for mitigating lead and copper levels in the drinking water."
139. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint's water was directly related to the City's use of ferric chloride to remove bacteria
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and reduce TTHM levels. Del Toral explained what any reasonable engineer should have already known, "lsJtudies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network."
140. Moreover, initial tests for lead in Flint's water were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months of 20 15 were incorrectly labeled as having come from homes with lead service lines when, in truth, the samples had been taken from homes with underground plumbing made of copper, galvanized steel, or other materials that pose lower risks of corrosion, according to the City's own documents.
141. The City's failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint's drinking water; this failure also constituted a violation of federal environmental laws which require water sampling be done at "high-risk" locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such high-risk homes.
142. Michael Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning, Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location of lead service
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lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
143. As a result, the City failed to promptly and fully identify the presence of lead in Flint's drinking water. These failures delayed corrective action and wrongly induced a belief among Flint's citizens that the water was safe. Flint's water crisis did not begin to get the attention it needed until an EPA memorandum on the crisis was leaked to the ACLU and the press, prompting lawsuits and investigations. Concerns regarding corrosion of Flint's pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed what many had long suspected: the Flint River was substantially more corrosive than Aint's prior water source with about eight times the amount of chloride. In September, Virginia Tech's analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered "hazardous waste." The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
144. On October 16, 2015, at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding pipes were causing contamination of the community's water, Flint finally switched back to using receiving water from Detroit Water.
145 . In an email dated October 18, 2015, from MDEQ Director Wyant to Governor Richard Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized corrosion control. He wrote, "I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning."
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146. It was not until these mistakes came to light that the City took the steps necessary to begin to bring Flint into compliance with federal environmental laws. On October 30, 2015, MDEQ emailed Glasgow, instructing him to institute the requisite corrosion control .
147. By this point, unfortunately, the damage was already done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into homes, residential buildings, and businesses was replacing the pipes.
148. While there have been several governmental bodies, such as Flint Water Advisory Task Force and Congress, that have held hearings on the Flint water crisis, none of these investigations have resulted in any compensation being awarded to Plaintiff or the Class. And none have fully investigated the role of LAN and Veolia in causing this crisis.
149. On January 5, 2016, Gov. Snyder declared a state of emergency in Flint. The Department of Justice opened an investigation into the issue.
150. On January 12,2016, Gov. Snyder called out to the National Guard to distribute bottled water and filters in Flint.
151. The next day, Officials reveal a spike in cases of Legionnaires disease, including 10 deaths, after the city started using river water.
152. A few days later, on January 16, 2016, President Obama signed an emergency declaration and ordered federal aid for Flint.
Defendants Have Caused Extensive Property Damage 153. In addition to the obvious health problems that many Flint residents have suffered and health risks posed to all Flint residents as a result of the contaminants in their water, as a
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direct, proximate and foreseeable cause of Defendants' conduct, Plaintiff and the Class have suffered extensive property damage, included the ones enumerated above at'' 4-8 and the ones immediately following below.
154. The Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break.
155. The corroded pipes and appliances remain a continuing source of lead and potentially Legionella - thus, pipes and appliances must be replaced or else may remain a continuing source of harmful exposure.
156. The value of Plaintiff's and the Class's real property has been substantially diminished as a result of the continuing questionable safety of Flint's water and existence of corroded pipes and appliances.
157. As a result of the water crisis, many tenants refused to pay rent or simply left the premises. Some tenants paid Jess than the full rent amount. And it is difficult to find new tenants to rent units. Even if found, the rental value is now much lower. Plaintiff and the Class have been forced to offer lower rent to entice renters. This results in lower revenue. As a result, the Class has experienced a lower occupancy level than before the water crisis and receives lower revenue.
158 . In addition to diminished property values, it is difficult or impossible to find a buyer to purchase these investment properties. And even if a buyer could be found, it's difficult or impossible to obtain a loan because banks and other institutional lenders are uninterested in securing their money with damaged and undesirable property.
159. Understandably, certain banks and mortgage companies have refused to make loans unless the borrower establishes that its water is potable. A Wells Fargo & Co.
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spokeswoman said it is reviewing government lending guidelines: "lulntil (water) testing and potability is affirmed, it will be difficult to lend," said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J .P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Aint's residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require "a continuing and sufficient supply of safe and potable water" to provide home financing .
160. Further, lenders do not want to lend because they are concerned that property owners will not be able to cover mortgage costs and as result of the difficulty of finding renters at market value prices. Moreover, Lenders do not want to secure their own investment with damaged property.
161 . For the same reasons, it is difficult or impossible to refinance properties. 162. As a result of all the above, it is difficult to find new tenants, receive a fair rental amount, or even sell the property at any price. 163 . As a result of the above, some members of the Class had difficulty making mortgage payments for their property because they rely on a steady cash flow from tenants to make such payments. 164. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines , this is unlikely to render Flint's water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply. 165. The Class's properties have been affected in the same fashion . Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and
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continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
166. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated:
"I wlith respect to the corrosion potential of YOUR drinking water, the primary concerns include
the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish·blue stains around basins and drains ."
167. The Water Research Watershed Center has further explained that, 'The cost of corrosion can be expensive. Corrosion can impact you and your family's health , aesthetic quality of your water, waste money, and damage your household piping and fixtures."
168. In addition to corrosion causing the "premature failure of household plumbing and plumbing fixtures," the Water Research Watershed Center has explained that corrosion also "decreases the efficiency of hot water heaters and may cause premature failure to the heater."
169. Moreover, many Flint residents have already reported damage to major appliances such as dishwashers and washing machines following Flint's decision to switch water sources.
170. According to emails from Governor Snyder's office, the State estimates that replacing Residents' pipes alone could cost between $6,000 and $8 ,000 per household . Other estimates of those replacement costs are far higher. Obviously, the cost to replace a residential building with multiple units will be far higher, costing tens and hundreds of thousands of dollars.
171 . Corroded pipes not only present a continuing health threat; they risk further damage to one's property because corrosion can result in deep pits in the pipe or tank walls that
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can eventually break, causing substantial water damage to residential buildings and individual units.
172. Although the City has stated it intends to begin replacing some City-owned pipes, this is far from sufficient to render Flint's water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that "changing all the mains in the city will not really solve the problem for the homeowners" or residential property owners because the lead piping in these properties probably has been severely compromised. "The corrosion is not going away. It's still there."
173. Plaintiff and the Class have been left to pay for the damage caused by Defendants. To make matters worse, the Washington Post has reported that, "many in Aint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say." Here, the Class has found it difficult or impossible to refinance their properties.
174. Replacing the piping and affected appliances in every residential structure is the only way to guarantee that a property will be unaffected by corrosion and lead moving forward. The cost of such replacements will range into the tens of thousands, if not more, per structure.
175. Plaintiff and the Class paid to install water filters in their properties for their tenants' benefit. They also supplied bottled water at their own expense.
176. Plaintiff and the Class rented their properties with water included at the owner's expense. This was a significant amount of money. However, when the state issued refunds,
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Plaintiff and the Class received only a 20% refund while homeowners and other residents received a 100% refund of their water use.
Class Action Allegations 177. Plaintiff brings this action pursuant to Michigan Court Rule 350 l on behalf of themselves and a Class of similarly situated persons and entities, which is defined as follows:
All persons and entities that have owned residential rental property in the City of Aint, Michigan since April 25,2014. 178. The following persons or entities are excluded from the Class: Defendants; Defendants' parent companies and their subsidiaries, agents or affiliates; Defendants' officers, directors, management, employees, subsidiaries, agents or affiliates; and federal governmental entities and instrumentalities of the federal government, the Judge to whom this case is assigned and the Judge's staff and immediate family. 179. Plaintiff reserves the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way. 180. Plaintiff believes that there are at least hundreds or thousands of Class members located in the United States, making the Class so numerous and geographically dispersed that joinder of all members is impracticable. 181 . Questions of law or fact that are common to the Class and that predominate over individual questions include:
a . whether Defendants engaged in the conduct alleged herein; b. whether LAN and Veolia committed professional malpractice when they
failed to conduct a root cause analysis;

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c. whether LAN and Veolia committed professional malpractice when they failed to detect and advise that there is a corrosion problem that needed to be addressed;
d. whether LAN and Veolia committed professional malpractice when they recommended that Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control;
e. whether Defendants knew or should have known that Aint's water supply indicated the presence of lead;
f. whether Defendants knew or should have known that Aint's water supply indicated the presence of Legionella;
g. whether Defendants took steps to conceal the presence of lead in Flint's water supply or otherwise falsely assured Plaintiff and the Class that Flint's water was safe;
h. whether Defendants' conduct was tortious under Michigan law, on the theories set forth herein;
i. whether Plaintiff and Class Members are entitled to damages and other monetary and equitable relief, and if so, in what amount and nature.
182. Plaintiff's claims are typical of the claims of Class members, and Plaintiff will fairly and adequately protect the interests of the Class. Plaintiff and all members of the Class are similarly affected by Defendants' wrongful conduct in that they suffered damages as a direct and proximate result of Defendants' illegal conduct. Plaintiff's claims arise out of the same common course of conduct giving rise to the claims of the other Class members . Plaintiff's interests are in line with, and not antagonistic to, those of the other Class members.
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183. Plaintiff is represented by competent counsel with experience in the prosecution of class actions.
184. The prosecution of separate actions by individual members of the Class would create a risk of inconsistent or varying adjudications, establishing incompatible standards of conduct for Defendants.
185. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The Class is readily definable. Prosecution as a class action will eliminate the possibility of repetitious litigation. Treatment as a class action will permit a large number of similarly situated persons to adjudicate their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would require. This action presents no difficulties in management that would preclude maintenance as a class action.
186. In the alternative, Plaintiff seeks class certification as to particular issues as permitted under MCR 3.501(8)(3)(d)(i). Plaintiff seeks certification as to the questions identified in Paragraph 180 (a) through (i). Plaintiff respectfully maintains that the class certification for these issues is appropriate, as required by the Rule, because certification for these particular issues provides a superior to any alternative means of adjudication. This is so because it eliminates the possibility of duplicative, inefficient litigation of identical issues.
First Cause of Action (Professional Negligence -- Against All Defendants) 187. Plaintiff incorporates and realleges each allegation set forth m the preceding paragraphs of this Complaint. 188. LAN and Yeolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiff,
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the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would harm Plaintiff, the putative class, and their property.
189. As a result, LAN and Veolia owed Plaintiff and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would.
190. As more fully described herein, LAN and Veolia breached their duties of care by (I) failing to conduct a complete root cause analysis and (2) recommending the addition of ferric chloride without some sort of corrosion control.
191. As a direct and proximate result of LAN and Veolia's negligence, Plaintiff and the Class have suffered and continue to suffer property damages.
Second Cause of Action (Gross Negligence -- Against All Defendants) 192. Plaintiff incorporates and realleges each allegation set forth in the preceding paragraphs of this Complaint. 193. Defendants owed Plaintiff and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiff and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiff, the Class and their property and/or to act reasonably to minimize the damage to their property. 194. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and Legionel/a, to be provided to Plaintiff and the Class in contravention of federal environmental statutes and guidelines. As such,
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Defendants with gross negligence, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiff and the Class.
195. LAN and Veolia owed Plaintiff and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (I) failing to conduct a complete root cause analysis and (2) recommending the addition of ferric chloride without a proper corrosion control. As a direct and proximate result of LAN's and Veolia's gross negligence, Plaintiff and the Class have suffered and continue to suffer property damages.
196. Defendants' conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiff or the Class.
Third Cause of Action (Negligence -- Against All Defendants) 197. Plaintiff incorporates and realleges each allegation set forth in the preceding paragraphs of this Complaint. 198. Defendants owed Plaintiff and the putative class a duty to exercise reasonable care. 199. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead, and failing to prevent or alert Flint about the corrosion problem. 200. Upon learning of the release of the contaminants, Defendants owed Plaintiff and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiff, the Class and their property and/or to act reasonably to minimize the damage to Plaintiff, the Class and their property.

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201. Defendants breached that duty by failing to act reasonably in providing Plaintiff and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
202. Defendants further breached that duty by failing to timely notify the Plaintiff and the Class of the contamination of Flint's drinking water, and, consequently, the presence of lead and other contaminants in the residential buildings and rental properties of Plaintiff and Class Members.
203. As a result of Defendants' breaches of their duty to timely notify, Plaintiff and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiff and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants' negligence for many years into the future.
204. Defendants negligently breached their duties to the Plaintiff and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the residential buildings and rental properties of Plaintiff and Class Members.
205. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety and the damage it poses to physical structures.
206. LAN and Veolia owed Plaintiff and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by ( l) failing to conduct a complete root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control.
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207. As a direct and proximate result of Defendants' negligence, Plaintiff and the Class have suffered and continue to suffer property damages.
Fourth Cause of Action (Unjust Enrichment -- Against All Defendants) 208. Plaintiff incorporates and realleges each allegation set forth in the preceding paragraphs of this Complaint. 209. Plaintiff and the Class were sold water that was unfit for human consumption instead of receiving clean, safe drinking water, as promised to Plaintiff, the Class, and their tenants. 210. LAN and Veolia unjustly received compensation for providing engineering services that did not satisfy their duties of professional responsibility. 211. Accordingly, Defendants should be ordered to disgorge their unjustly retained benefits .
Fifth Cause of Action (Tortious Interference with a Business Relationship or Expectancy -- Against All Defendants)
212. Plaintiff incorporates and realleges each allegation set forth in the preceding paragraphs of this Complaint.
213. Plaintiff and the Class had a business relationship or expectancy with the City and/or the appropriate utility that provided water to Flint and all its buildings. Plaintiff and the Class paid money for clean, potable water. Plaintiff and the Class also had a business relationship or expectancy with their tenants. Their tenants paid them for a habitable housing unit that provides clean water.
214. Defendants had knowledge of the relationship or expectancy at all relevant times.

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215. Defendants deliberately acted, as described herein, in a manner that induced breach of the business relationship or expectancy with both the City/utility and the tenants.
216. Defendants' conduct, as described herein, damaged Plaintiff and the Class in the manner enumerated herein.
Sixth Cause of Action (Tortious Interference with a Contract or Contractual Relationship -- Against All Defendants)
217. Plaintiff incorporates and realleges each allegation set forth in the preceding paragraphs of this Complaint.
218. Plaintiff and the Class had a contract or contractual relationship with the City and/or the appropriate utility that provided water to Flint and all its buildings. Plaintiff and the Class contracted to pay money in return clean, potable water. Plaintiff and the Class also had a contract or contractual relationship with their tenants. They contracted with their tenants to receive money in return for providing for a habitable housing unit that provides clean water.
219. Defendants had knowledge of the contracts or contractual relationships at all relevant times.
220. Defendants deliberately acted, as described herein, in a manner that induced breach of the contracts or contractual relationships with both the City/ utility and the tenants.
221. Defendants' conduct, as described herein, damaged Plaintiff and the Class in the manner enumerated herein.
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WHEREFORE, Plaintiff prays as follows: A. That the Court determines that this action may be maintained as a class action under
Michigan Court Rule 3.501; B. That judgment be entered for Plaintiff and Class members against Defendants for
property damages sustained as a direct and proximate cause of Defendants' conduct as well as any punitive damages or disgorgement monies owed to Plaintiff and the Class; C. That Plaintiff and the Class recover pre-judgment and post-judgment interest as permitted by law; D. That Plaintiff and the Class recover their costs of the suit, including attorney's fees, as provided by law; and E. For such other and further relief as is just and proper under the circumstances.
J URY DEMAND Plaintiff demands trial by jury in all matters so triable .
Respectfully submitted, THE ABOOD LAW FIRM Attorneys for Plaintiff
~ico.. ai:ea..~
Andrew P. Abood (P43366) David Wolkinson (P69443) Jeffrey Lance Abood (P72607) Erica A. DeAngelis (P75894) 470 N. Old Woodward Ave., Ste. 250 Birmingham, Michigan 48009 248.549.0000
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 Case 5:17-cv-10360-JEL-MKM ECF No. 1 filed 02/03/17 PageID.1 Page 1 of 63

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

TONYA ROGERS, individually and as next friend and mother of A.H. and Z.R., minor children; CARL JOHNSON; and WILLIAM THOMAS,

DEMAND FOR JURY TRIAL

Plaintiffs,

NO.

v.

LOCKWOOD, ANDREWS & NEWNAM, P.C.; LOCKWOOD, ANDREWS & NEWNAM, INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, INC.; VEOLIA NORTH AMERICA, LLC; VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC; VEOLIA ENVIRONNEMENT S.A.,

CLASS ACTION COMPLAINT

Defendants.

CLASS ACTION COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF AND DEMAND FOR JURY TRIAL INTRODUCTION
“No safe blood level in children has been identified. Lead exposure can affect nearly every system in the body.” National Cancer for Environmental Health, Division of Emergency and Environmental Health Services Plaintiffs, individually and on behalf of a class of all others similarly situated, bring this action for damages and injunctive relief and demand a jury trial. Unless stated otherwise, all allegations contained herein are made on information and belief. In support of their claims, Plaintiffs allege as follows:
I. NATURE OF THE CASE 1. Plaintiffs seek recovery from Defendants individually and on behalf of the tens of
thousands of Flint residents (the “Class” or “Class Members”) for injuries, damages and losses

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suffered by the Plaintiffs, each of whom suffered injuries as a result of exposure to the introduction of lead from Defendants’ ownership, use, management, supervision, storage, maintenance, disposal and release of highly corrosive water from the Flint River into the drinking water of Flint, Michigan.
2. For nearly five years, the City of Flint has existed in a state of financial emergency pursuant to which the City is controlled by a Governor appointed Emergency Financial Manager. In 2014, in an effort to save money, the Emergency Financial Manager authorized a switch to the Flint River as the City's sole water source.
3. In making this switch, Flint’s Emergency Financial Managers and Flint employees failed to implement a corrosion control protocol as required by the Safe Drinking Water Act and otherwise failed to exercise reasonable care with regard to Flint’s water system. Absent mandatory corrosion controls, the acidic water of the Flint River coursed through unprotected pipes to residents and businesses – leaching lead and other harmful chemicals into the water along the way.
4. Flint engaged and relied upon the professional services and expertise of two engineering firms- Defendants Lockwood, Andrews & Newman, Inc. (LAN) and Veolia North America (Veolia)- to review its water distribution system, ensure compliance with federal and state environmental regulations, and provide expert engineering advice to the City and its Emergency Financial Managers. By taking on this assignment, LAN and Veolia assumed the responsibility to satisfy the standard of a reasonable engineer.
5. In conducting their engineering services, however, LAN's and Veolia's conduct fell well below the standard for a reasonable engineer in several critical respects. First, LAN and Veolia failed to conduct a root cause analysis to determine the cause of Flint's initial water problem. Had either LAN or Veolia performed such an analysis, it would have quickly revealed
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that Flint River water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters, and had caused extensive pipe corrosion and an extreme risk of lead contamination absent the implementation of a plan to prevent such contamination. Moreover, a root cause analysis would have revealed that the City of Flint had not adopted a corrosion control protocol as mandated by the federal Safe Drinking Water Act and related Lead and Copper Rule.
6. LAN and Veolia also ignored a series of red flags that should have led them to suspect corrosion problems in Flint’s water system. LAN and Veolia should have anticipated widespread corrosion problems in light of the switch to a highly saline water source; the ineffectiveness of Flint’s attempts to address coliform bacteria, which would have signaled corroded pipes to any reasonably competent engineer; the summer 2015 outbreak of Legionnaires Disease, which also should have alerted these companies to corrosion problems; and the very color of Flint’s tap water, which was rusty and brown precisely because it was leaching metal from Flint’s pipes. Any of these warnings should have warned LAN and Veolia to a widespread corrosion problem and led these companies to implement effective corrosion controls.
7. Additionally, LAN and Veolia affirmatively recommended that Flint double the ferric chloride in its water. A reasonable professional engineer would have known that ferric chloride is highly acidic and when used without alkaline buffering agents to raise the pH and phosphates or other corrosion control elements to coat the pipes, causes corrosion. This is exactly what happened in Flint's water system.
8. As a direct and foreseeable result of LAN's and Veolia's recommendations, Flint increased the ferric chloride in its water with grave consequences. The salinity of the Flint River was the metaphorical gasoline in this particular tragedy. The addition of ferric chloride, as recommended by the professional engineers at LAN and Veolia upon whom the City relied, was
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the match. The added ferric chloride dramatically increased the corrosion of Flint's pipes and, as a direct and foreseeable result, the leaching of various chemicals into Flint's drinking waterincluding lead.
9. Despite failing to fulfill their professional duties in a reasonable manner, both LAN and Veolia deemed Flint's water compliant with governing environmental statutes and regulations. In doing so, LAN and Veolia provided false assurances of safety to Plaintiffs and the Class, further exacerbating the extent of the damage caused by their conduct.
10. All the while – despite public assurances of safety – government offices in Flint quietly switched to bottled water while the citizens and business of Flint continued to drink dangerously contaminated water.
11. Indeed, it was not until a memorandum from an EPA official regarding the frightening existence of lead in Flint’s drinking water was leaked to the American Civil Liberties Union that the government or the Defendants acknowledged the problem.
12. Unfortunately, these acknowledgments came too late. Since the City implemented LAN’s and Veolia’s recommendations, more than 40% of the homes tested revealed lead contamination above the federal threshold. A study from a pediatrician at the Hurley Medical Center showed that elevated blood levels in children had more than doubled following the switch to the Flint River as Flint’s water source
13. The consequences of lead exposure are both catastrophic and permanent. Lead poisoning can cause serious damage to a child's central and peripheral nervous system, stunt growth, impair hearing, and impair the formation and function of blood cells. The effect of lead poisoning on children's brain development is particularly alarming, causing reduced IQ and serious
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behavioral problems. While lead's worst effects are borne by children, lead exposure can be seriously harmful to adults as well causing serious cardiac and reproductive problems.
14. Plaintiffs and the Class have sustained substantial personal injuries as a result of Defendants' conduct and the child-members of the Class have additionally suffered lost economic earnings.
15. Plaintiffs and the Class have also suffered significant property damage as a direct result of Defendants' conduct. The acidic and corrosive water that Defendants caused to flow through Flint's pipes and appliances has irreparably damaged residents' and businesses' pipes and appliances. Moreover, the stigma associated with the water crisis has resulted in, and will continue to result in, a reduction in residential and commercial property values in the City of Flint and substantial financial harm to Plaintiffs and the Class. Despite Flint having switched back to its prior water source, corroded pipes and appliances in residents' homes and local commercial properties remain corroded. The only option for Plaintiffs and the Class to truly be safe is to entirely replace their pipes and corroded appliances.
16. Plaintiffs and the Class seek damages and other relief under theories of Professional Negligence, Gross Negligence, Negligence, Intentional and Negligent Infliction of Emotional Distress, and Unjust Enrichment.
17. Defendants must be held accountable for the harms they caused Plaintiffs and the Class injury, and Plaintiffs and the Class must be compensated – as far as possible – for the devastating, irreparable harms they have suffered. That is exactly what this suit seeks to do
18. At critical times including during gestation and their developmental years, the minor plaintiffs have been exposed to damaging levels of lead.
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19. Plaintiffs’ damages and losses include, but are not limited to, physical and

psychological injuries, learning and other permanent disabilities, weight loss, stunted growth,

anemia, headaches, abdominal and other pain, mental anguish, emotional distress, the cost of

medical, educational, and rehabilitation expenses, other expenses of training and assistance, loss

of income and earning capacity, property damage, destruction of water service lines, and

devaluation in property damages.

20. The health effects of lead poisoning are well known. The CDC has noted that: “No

safe blood level in children has been identified. Even low levels in blood have been shown to

affect IQ, ability to pay attention, and academic achievement.” Lead impacts nearly every organ

and system in the human body. Lead causes multitudinous and serious injuries to the nervous

system, which can lead to convulsions, coma and brain death. It causes learning and behavioral

disorders, memory loss, nausea, anemia, hearing loss, fatigue, colic, hypertension, and myalgia.

Moreover, children under the age of 6 years old are more susceptible to the toxic effects of lead

than are adults since the brain and central nervous system are not completely developed.

II.

THE PARTIES

PLAINTIFFS

21. Tonya Rogers resides with her children, A.H. and Z.R., at 2102 Suncrest Drive,

Flint, Michigan 48504. She rents her apartment, which is serviced by water provided by the City

of Flint. A.H., age three as of the date of this Complaint, and Z.R age two, tested positive for blood

lead contamination in January 2016. Both Rogers and her children have suffered damages as a

direct and proximate result of Defendants’ conduct described herein.

22. Carl Johnson resides at 3513 Cassius Street, Flint, Michigan, 48505. He rents his

home, which is serviced by water provided by the City of Flint. He tested positive for blood lead

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contamination in February 2016. Johnson has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
23. William Thomas resides at 1137 Vermilya Avenue, Flint, Michigan 48507. He owns his home, which is serviced by water provided by the City of Flint. He tested positive for blood lead contamination in April 2016. Thomas has suffered damages as a direct and proximate result of Defendants’ conduct described herein. DEFENDANTS
24. Lockwood, Andrews & Newnam, P.C. (“LAN P.C.”) is a Michigan professional corporation with its principal place of business at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. At all times relevant hereto, LAN P.C. held itself out to the world as a Lockwood, Andrews & Newnam, Inc. (“LAN Inc.”) company. Upon information and belief, LAN P.C. was incorporated in 2008 by LAN Inc. after it was retained by Defendants to conduct studies and reports of the feasibility of a new water supply for the City of Flint. Upon information and belief, work and services provided by LAN P.C. were conducted at LAN Inc.’s Chicago, Illinois location.
25. LAN Inc. is a Texas corporation with its principal place of business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant times hereto, LAN Inc. conducted business in Genesee County through Defendant LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. is a full-service consulting firm offering planning, engineering and program management services, including civil infrastructure engineering and municipal water treatment and design.
26. Leo A. Daly Company (“LAD”) is a Nebraska corporation with its principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114. LAD is an international architecture/engineering firm, with nearly 800 professionals in 31 offices worldwide and projects
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in more than 87 countries and all 50 US states. Upon information and belief, LAD is the parent company of LAN Inc. and LAN P.C.
27. Defendants LAN P.C., LAN Inc., and LAD are referred to collectively herein as, “LAN.” The LAN defendants regularly conduct business in Michigan and have committed torts in Michigan, which are bases for personal jurisdiction in this Court under MCL § 600.715.
28. Veolia North America, Inc. (“Veolia N.A. Inc.”) is a Delaware corporation with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
29. Veolia North America, LLC (“Veolia N.A. LLC”) is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
30. Veolia Water North America Operating Services, LLC (“Veolia Water”) is a Delaware Limited Liability Company with its principal place of business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
31. Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water design and provide water solutions for communities and industries across the country.
32. Veolia Environnement S.A. (“Veolia S.A.”) is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia S.A. is a leading global provider of environmental management services, which include the supply of water, the treatment and recovery of municipal or industrial effluent, waste collection, processing and recycling, the supply of heating and cooling services and the optimization of industrial processes. Upon information and belief, Veolia S.A. is the parent corporation of Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water.
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33. Defendants Veolia N.A. Inc., Veolia N.A. LLC, Veolia Water, and Veolia S.A., are referred to collectively herein as “Veolia.” Veolia defendants regularly conduct business in Michigan and have committed torts in Michigan, which are among the bases for personal jurisdiction in this Court. II. JURISDICTION AND VENUE
34. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 (a)(1) and (d)(2) in that this action seeks monetary relief in excess of $5,000,000, exclusive of interest, costs and attorney's fees and is between citizens of different States.
35. Venue is proper in this Court because Plaintiffs’ and Class Members’ claims arose in this judicial district, in Flint, Genesee County, pursuant to 28 U.S.C. §§ 102, 1391(b). IV. FACTUAL ALLEGATIONS
A. THE CITY OF FLINT AND ITS RESIDENTS 36. The City of Flint, Michigan is located along the Flint River, approximately 60 miles northwest of Detroit. Flint sits in Genesee County and is the largest city in the county. According to the 2015 Census, Flint is home to 99,002 residents, 27.3% (approximately 27,000) of whom are under 18 years of age and 8% (approximately 8,000) of whom are under 5 years of age. More than half of Flint’s residents are African American. There are more than 50,000 housing units in Flint, Michigan and approximately 55% of those units are owner-occupied. 37. Like the residents of any American city, residents of Flint rely on a steady supply of safe and clean water to go about their daily lives. Flint also has thousands of commercial and other non-residential properties whose owners rely upon clean and safe water. 38. Flint’s relative prosperity has paralleled that of the American automotive industry, growing exponentially during the first half of the twentieth century but experiencing catastrophic
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downturns in the last forty years as domestic car companies shuttered some plants and moved others. Flint’s fate has been particularly tied that of its largest employer, General Motors. When General Motors downsized in the 1980s, closing facilities and laying off workers, Flint similarly witnessed substantial economic turmoil that continues to date.
39. According to the most recent Census, 41.6% of Flint’s citizens – Plaintiffs here – live at or below the poverty level. The median household income in Flint is just $24,679 – 7% lower than the median income in Michigan and 54% lower than the national median income.
40. In 2011, Flint’s finances reached a critical place: an audit estimated a $25 million deficit overall and Flint’s water supply fund showed a $9 million deficit. In 2011, Governor Snyder declared Flint to be in a financial emergency and the City entered receivership, with responsibility for governance of the City and operation of its utilities and other services, including its water supply, under the direction of Emergency City Governors who were appointed by the Governor and employed by the State.
41. Governor Snyder appointed Michael Brown as the Emergency Financial Manager in Flint effective December 1, 2011. The democratically elected offices of Flint were subordinate to Brown. According to state Congressman Dan Kildee, Brown was appointed to “simply do one thing and one thing only, and that’s cut the budget – at any cost.”
B. THE CITY SWITCHES WATER SOURCES 42. Many decades ago, the City of Flint drew its water from the Flint River. This changed in 1967 when the City began purchasing its water through the Detroit Water and Sewerage Department (“DWSD”) as its principal water supply, with the Flint River serving as a backup source in the event of water shortage or interruption of service from the principal source.
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43. As part of its receivership, Flint began exploring ways to decrease costs associated with its water and sewer system. Water and sewer costs were the single largest expenditures in Flint’s budget, rendering them obvious targets for cuts to address Flint’s financial crisis. According to a September 2011 report by Rowe Professional Services, Flint could save money if it purchased its water from Karegnondi Water Authority (“KWA”) rather than the Detroit Water and Sewerage Department. However, because the KWA would require substantial new construction work, an immediate switch away from DWSD water would require Flint to reopen its shuttered municipal water treatment plant, which sourced its water from the Flint River.
44. In August 2012, Governor Snyder appointed Edward Kurtz as Flint’s new Emergency Manager. Four months later, Michigan Treasury officials met with Flint leaders to discuss alternative sources for Flint’s drinking water, including the Flint River. The officials agreed to study two potential options for water sources: remaining with the Detroit Water and Sewer Department or switching to Genesee County’s KWA.
45. In February 2013, Tucker, Young, Jackson & Tull, Inc. (“TYJT”), an engineering consulting firm retained by the State of Michigan, issued a report assessing the water supply alternatives for the City of Flint. According to its report, TYJT was retained “to provide an analysis of the water supply options to assist the Treasurer [of the State of Michigan] to provide an analysis of the water supply options to assist the Treasurer in determining any potential risk and the best course going forward for supplying potable water to the City of Flint.”
46. The TYJT assessment concluded that the cost of continuing to obtain water from Detroit likely would be lower than the costs of transitioning to the proposed KWA treatment plant. However, the report also noted that Flint had an interest in obtaining water “autonomy” vis-à-vis Detroit, and that transitioning to the KWA would serve that interest. The TYJT report did not
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discuss health and safety issues related to the transitional period during which Flint would source its water from the Flint River. Instead, the assessment in the report included only a discussion of financial considerations associated with the transition to the KWA, as well as the so-called “autonomy” interest that ultimately overrode the relatively cost effective alternative of remaining with the Detroit water supply.
47. On March 25, 2013, the Flint City Council voted to join KWA. The vote had no legal effect because, due to the receivership, the Emergency Manager had sole authority to authorize such a change.
48. The day after the City Council’s vote, on March 26, 2013, Stephen Busch, the District Supervisor of the Michigan Department of Environmental Quality (“MDEQ”) emailed Daniel Wyant, the director of MDEQ regarding the proposal to rely on the Flint River for Flint’s water. In that email, Busch outlined concerns regarding the health risks posed by switching to the Flint River as a water source. Specifically, he noted that use of the Flint River would, “[p]ose an increased microbial risk to public health,” and “[p]ose an increased risk of disinfection byproduct.” Despite this feedback, Wyant wrote Andy Dillon, Michigan’s Treasurer, to report that “[a]ll indications are that we are supportive” of joining KWA and using Flint’s water as opposed to the DWSD.
49. Three days after Busch outlined his concerns, Emergency Manager Kurtz signed a resolution authorizing Flint to enter a contract with KWA. Treasurer Dillon approved that decision in April, 2013. In doing so, Dillion expressly noted that he was relying in part on the MDEQ’s support of the project as well as Emergency Manager Kurtz’s “representations that this deal will lead to substantial savings for the City over the coming decades.”
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50. In or around June 2013, Emergency Manager Kurtz hired LAN to advise the City with respect to using the Flint River as the City’s water source during the construction of the new KWA treatment plant, which was projected to take approximately two years. LAN had previously advised the City regarding the design of an upgrade to the Flint Water Plant. In a January 13, 2015 document entitled “Water System Questions and Answers,” the City assured citizens that “with support from LAN engineering which works with several water systems around the state, quality control could be addressed.”
51. In deciding to proceed with the transition to the Flint River, the City of Flint noted LAN’s “extensive experience in this field,” and relied upon LAN’s identification of the “engineering, procurement, and construction needs” for the project.” Although the City recognized that water from the Flint River “would be more difficult to treat,” the City concluded, based on LAN’s recommendations, that the Flint River was “viable as a source” of the City’s water. See City of Flint, Water System Questions & Answers (Jan. 13, 2015), available at http://mediad.publicbroadcasting.net/p/michigan/files/201512/CoF-Water-System-FAQ-1-162015.pdf. LAN continued to advise the City with respect to its transition to the Flint River through 2015, and ultimately was paid more than $3.8 million for its engineering services. City officials, including then-Mayor Walling, relied upon LAN’s advice in pronouncing the City’s water to be safe.
52. In October 2013 Darnell Earley stepped in as the Emergency Manager for Flint. Emergency Manager Earley rejected an offer by DWSD to continue purchasing water from Detroit until the KWA pipeline could be completed and the City prepared to switch to the Flint River in April 2014.
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53. On April 9, 2014, the City received the necessary permits from MDEQ to draw Flint River water for distribution as the supply source for its water distribution system during the multi-year transition to the new KWA facility.
54. Despite receiving these permits, the water system was not ready to become operational. An email from Flint’s Laboratory & Water Quality Supervisor, Michael Glasgow, on April 14, 2014 read:
I have people above me making plans to distribute water ASAP . . . . I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon . . . . If water is distributed from this plant in the next couple weeks, it will be against my direction. . . . I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda. 55. Glasgow’s fears were well founded. The Flint water system was not prepared for the switch to Flint River water. The Flint River, it turned out, was contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The level of chlorides in the Flint River was eight times the levels provided in DWSD water. Chlorides are highly corrosive, and must be neutralized with anticorrosive agents before entering public water systems. 56. Eleven days after this email was sent, on April 25, 2014, Flint’s water system officially switched to the Flint River without implementing a necessary corrosion control protocol or otherwise addressing the concerns raised in Glasgow’s email.
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C. USE OF FLINT RIVER WATER IMMEDIATELY CAUSES SERIOUS PROBLEMS INCLUDING BACTERIA GROWTH AND BUILDUP OF DANGEROUS CHEMICALS
57. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water.
58. Despite these complaints, then-Mayor Dwane Walling called the water a “safe, quality product,” and claimed that “people are wasting their precious money buying bottled water.”
59. His assurances of safety provided little comfort to residents who began to report that the water was making them ill. These concerns proved accurate when, on August 14, 2014, Flint’s water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response.
60. To address the bacteria problem, the City treated the water with additional chlorine. However, as has been well known for decades, in corroded pipes chlorine preferentially reacts with the bare metal, instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply is thus ineffective in treating bacteria.
61. The use of chlorine to disinfect water produces various disinfection byproducts, including trihalomethanes (often referred to as Total Trihalomethanes or “TTHM”). In the presence of bare pipes not protected by a corrosion control protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless. High dosages pose serious health risks, however. For this reason, the U.S. Environmental Protection Agency (“EPA”) and various state agencies regulate TTHM levels.
62. Almost immediately following Flint’s bacterial problems, it became apparent that Flint’s TTHM levels were alarmingly high. This should have been a red flag. It is well known in the scientific community that high TTHM levels can be a symptom of unprotected and corroding pipes.
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63. According to the World Health Organization: Chlorine . . . . acts as a potent oxidizing agent and often dissipates in side reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing agents (hydrogen sulfide [H2S], manganese(II), iron(II), sulfite [SO32–], Br–, iodide [I–], nitrite). From the point of view of DBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may be fast and result in the consumption of chlorine. (emphasis added). 64. That is exactly what happened in Flint’s water distribution system. To Flint, it seemed that the initial dosages of chlorine were not effective in treating bacteria, so they added more chlorine. Unfortunately, the problem was not that the dosage of chlorine was too low to treat the bacteria; rather, the chlorine was preferentially reacting with the bare pipes instead of solely attacking the bacteria. The pipes were bare because the Flint River’s corrosive water had stripped away the pipes’ protective coating. Now Flint had a second problem: the excess chlorine generated high levels of TTHM. On December 16, 2014, Flint’s water tests revealed TTHM levels in excess of federal limits. 65. Soon thereafter on December 31, 2014, the first round of lead monitoring results showed 90th percentile lead level result of 6 parts per billion with two samples above action levels for lead (15 parts per billion). Importantly, however, these samples were not necessarily drawn from the highest risk homes as required by various environmental regulations. 66. No one notified the public of these initial test results. However, on January 12, 2015, in response to water quality concerns, the state installed water coolers in state offices in Flint and gave state employees the option to use bottled water and provide bottled water to visitors. Unfortunately, the people of Flint were not given these options, resources, or information.
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D. CONCERNS REGARDING FLINT’S WATER MULTIPLY EXPONENTIALLY AS MICHIGAN EXPERIENCES AN OUTBREAK OF LEGIONNAIRES DISEASE AND INITIAL LEAD CONCERNS EMERGE
67. As City and State officials were beginning to assess the extent of Flint’s TTHM problems, another problem emerged in the summer of 2014 – the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires’ disease.
68. Legionnaires’ disease, or legionellosis, is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the mortality rate rises to 80%. Infection in humans occurs when water droplets contaminated with Legionella bacteria are inhaled or when water containing Legionella enters the trachea. Legionella has been extensively studied and the conditions for likely outbreaks of the disease are well understood.
69. The Legionnaire’s outbreak should have clued City officials and engineers to a corrosion problem in Flint’s pipes. According to a briefing statement prepared by MDEQ and sent to Governor Snyder:
Most of the city’s 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall. (emphasis added). 70. In addition to a rise in the reported incidence of Legionnaires’ disease, MDHHS first noted another potential problem related to Flint’s water in September 2014. According to an internal memo not circulated to the public until much later, MDHHS warned that lead poisoning rates “were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014.”
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71. Despite this knowledge, the City took no steps to address its corrosion control problems. To the contrary, officials took affirmative steps to avoid publicly recognizing the role of corrosion in Flint’s water problems.
72. On October 13, 2014, General Motors announced that it would stop using water from the Flint River at its engineering plant due to fears that it would cause corrosion. In response, MDEQ’s Michael Prysby wrote to Stephen Busch and others that the Flint River water had elevated chloride levels. He stated that “although not optimal[,]” the water was “satisfactory.” He noted that he had “stressed the importance of not branding Flint’s water as ‘corrosive’ from a public health standpoint simply because it does not meet a manufacturing facility’s limit for production.”
73. Despite the MDEQ’s report that Flint’s water tests revealed TTHM levels in excess of federal law, on January 6, 2015, Flint’s former mayor, Dayne Walling, told Flint’s residents the water was safe, assuring them that his family used it.
74. Three days later, on January 9, 2015, University of Michigan-Flint water tests revealed high lead levels in two locations on campus, causing the university to turn off certain water fountains.
75. Despite the well-known problems with bacteria and TTHMs and the slowly emerging concerns regarding lead contamination and Legionnaires’ disease, Emergency Manager Earley rejected pleas by City Council members to stop using Flint River water and return to DWSD. Earley stated it would be too expensive to switch back to DWSD as Flint’s water source; however, some reports indicate that Earley rejected an offer from DWSD to waive the $4 million reconnection fee if Flint wished to switch back to Detroit water.
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76. Instead of switching back to the DWSD, additional assurances of the water’s safety were relayed to residents. On January 13, 2014, Flint’s Department of Public Works published a letter regarding Flint’s water and the City’s response. The letter assured concerned citizens that the City was taking steps to address the bacteria and TTHM problems with Flint’s water. Critically absent from this letter were any warnings related to lead exposure or the presence of Legionella contamination.
77. A recent scientific study found lingering traces of Legionella in Flint’s water supply. Even after switching Flint’s water back to the DWSD, researchers were able to culture Legionella bacteria from sample sites in Flint. According to Dr. Otto Schwake, a postdoctoral fellow at Virginia Tech University, the corrosion of Flint’s pipes may have left them “permanently more conducive to Legionella.”
E. LAN AND VEOLIA – RETAINED TO RENDER FLINT’S WATER SAFE – DO JUST THE OPPOSITE, WORSENING FLINT’S CORROSION AND LEAD PROBLEMS
78. In the midst of growing concerns about the safety of its water, Flint engaged two engineering companies to provide their professional opinion regarding the necessary changes to render the water compliant with state and federal laws.
79. First, the City engaged LAN. LAN had previously advised the City in connection with an upgrade to the Flint Water Plant and was not required to submit a bid for the new job. Rather, its services were retained by resolution. On June 26, 2013, it was resolved by Emergency Manager Kurtz, that the City would “enter into a Professional Engineering Services contract with Lockwood, Andrews & Newnam, Inc. for the administration of placing the Flint Water Plant into operation using the Flint River as a primary drinking water source at a cost of $171,000.00.” In addition to Kurtz’s signature, the resolution was also approved by Peter M. Bade, the Chief Legal Officer, and Gerald Ambrose, who was acting as the Finance Director at the time.
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80.

Initially, the City hired LAN to complete an “Operational Evaluation

Report” (“OER”) in conformance with EPA guidelines with the goal to determine the cause(s) of

high levels of TTHM and evaluate possible solutions.” The EPA’s guidelines for completing an

OER include examining whether there has been a change in water source or quality which includes

an examination into the pH of the water. Additionally, the guidelines require an examination into

whether there has been any change in chemical applications including changing dosage or

chemicals.

81.

The scope of LAN’s assignment expanded over time and LAN ultimately

was paid approximately $3.8 million for work it performed in connection with the Flint water

system between 2013 and 2015. As recently as November 2015, LAN was retained pursuant to a

$907,000 “add-on” to its existing contract to advise the City regarding the transition to the new

KWA plant. Throughout the relevant time period, City officials relied on LAN to use its

professional expertise to properly advise them on how to maintain the safety, quality and reliability

of the City’s water supply.

82. In addition to its reliance upon the professional services provided by LAN, Flint

also issued an Invitation to Bid for Professional Water Consultant Engineering Services. The City

sought to engage an engineering company with a broad scope of work to “review and evaluate the

water treatment process and distribution system, provide recommendations to maintain

compliance with both state and federal agencies, and assist in implementing accepted

recommendations.” The Invitation to Bid further specified that the engineering firm would be

asked to provide an “[e]valuation of the City’s processes and procedures to maintain and improve

water quality,” and a “[r]eport that outlines recommendations that will improve the water treatment

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and distribution system.” Despite the extensive nature of the services requested, the price of Veolia’s bid was only $40,000. No other firm submitted a bid.
83. The City engaged Veolia’s services. On February 10, 2015, Veolia and the City issued a joint press release to the community at large, indicating that Veolia was an “urban water expert” in “handling challenging river water sources” and that it would essentially be evaluating all of the City’s water treatment processes.
84. The press release contained no limitation on Veolia’s scope of work. David Gadis, the Vice President of Veolia North America’s Municipal & Commercial Business stated, “We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint.” He continued, “We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water.” Based on these representations, the people of Flint had every reason to rely on Veolia’s subsequent representations of safety.
85. LAN’s and Veolia’s performance of their professional duties fell far short of the appropriate standard of care that would have been employed by an engineer of ordinary learning, judgment, and skill. Specifically, LAN’s and Veolia’s professional negligence took two forms: (1) a failure to conduct a root-cause analysis that would have identified the need for corrosion control, and (2) the recommendation to add ferric chloride which rapidly increased the rate of corrosion in Flint and, correspondingly, the amount of lead that leached into Flint’s drinking water.
1. LAN and Veolia Fail to Conduct a Proper Root Cause Analysis or Recommend Corrosion Control.
86. Both LAN and Veolia were hired to ensure Flint’s water system was compliant with federal and state environmental statutes after tests revealed TTHM concentrations in excess of
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federal limits. In February 2015, LAN issued its report “Trihalomethane Formation Concern,” and on March 12, 2015, Veolia issued its report, “Flint Michigan Water Quality Report.” Critically absent from either report was a root cause analysis identifying corrosion as a cause of Flint’s high TTHM levels. LAN’s and Veolia’s failure to perform a root cause analysis constituted professional negligence.
87. A root cause analysis is a process designed for use in investigating and categorizing the root causes of events with safety, health, environmental, quality, reliability, and production impacts. The purpose of a root cause analysis is to identify why a given event occurred in addition to describing what occurred. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event.
88. Providing engineering recommendations for addressing an event (such as high TTHM levels) without performing a proper root cause analysis to understand why the event occurred is the equivalent of a doctor performing heart surgery after a patient complains of chest pains – certainly surgery may be necessary to address the underlying cause of the patient’s chest pains, but one cannot know without investigating the cause of the patient’s symptoms.
89. LAN and Veolia should have done a proper root cause analysis to determine the cause of the high TTHM concentrations, but they negligently did not. Had they done so, LAN and Veolia would have discovered that the Flint River, like many urban rivers, was highly contaminated with salt from road de-icing operations that was likely corroding Flint’s pipes. Salt is composed of sodium and chloride. Chloride is known to be very corrosive to iron pipes. Having identified the root cause, they would have prompted the City to address the root issue – a course of action which would have prevented almost all of the tragic consequences that actually followed.
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Instead, both LAN and Veolia myopically focused on what they believed to be the sole cause of TTHM – poor disinfection effectiveness.
90. LAN’s and Veolia’s failure to conduct a root cause analysis recognizing the corrosion’s role in Flint’s water problems is truly inexplicable. Indeed, several characteristics of Flint’s water system and related problems should have placed LAN and Veolia on high alert that pipe corrosion was a likely cause. The most rudimentary analysis would have confirmed this. LAN and Veolia ignored several red flags that should have alerted them to the extensive corrosion and pH problems with Flint’s water system.
91. For example, it should have been obvious to LAN and Veolia – as professed experts on water quality and treatment issues – that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations during many Michigan winters. It is well known that chloride concentrations in northern U.S. rivers have increased dramatically over time with average concentrations approximately doubling between 1990 and 2011. This phenomenon is particularly evident in cold, urban settings, such as Flint, Michigan, where there are both significant snowfalls and dense roadways requiring de-icing. Chloride contamination should have been obvious to water-engineering specialists such as LAN and Veolia given these characteristics.
92. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey (“USGS”), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. See City of Flint, City of Flint 2014 Annual Water Quality Report at 2 (2014), https://www.cityofflint.com/wpcontent/uploads/CCR-2014.pdf.
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93. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint’s prior water source, would have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight times more chloride than the DWSD-supplied water.
94. The Flint River water also had an extremely high chloride-to-sulfate mass ratio (“CSMR”) of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-to-sulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint’s CSMR posed serious corrosion risks.
95. The City’s inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine was caused by corroded pipes. Flint’s inability to treat E. coli with chlorine – and the resulting TTHM problem – should have placed LAN and Veolia on notice that Flint’s pipes were corroding and releasing lead and other materials into the drinking water supply.
96. The uptick in reported cases of Legionnaires’ disease, reported during a press conference prior to LAN’s and Veolia’s retention, should have similarly put LAN and Veolia on notice that Flint’s water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires’ disease, grows on the film on the inside of pipes and is found in potable water. Legionella can exist in water distribution systems, including homes, hospitals, hotels, and any other building supplied with water. Legionella is transmitted into the air by plumbing equipment
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such as faucets, showerheads, hot water tanks, humidifiers, respiratory therapy equipment, and whirlpool baths where it is then inhaled, resulting in infection.
97. One of the most common causes of Legionnaires’ disease is exposure to impacted potable water. While Legionella is found widely throughout the environment, it is fairly rare that an outbreak occurs. Outbreaks are related to environmental factors, not person-to-person exposure. Flint’s outbreak of Legionnaires Disease indicated the presence of Legionella bacteria in Flint’s pipes and, relatedly, the likely presence of pipe corrosion.
98. Legionella exhibits several properties that allow them to persist in extreme environmental conditions such as low and high temperatures, presence of disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are in warm water between 35° and 46° Celsius (C) (95°–114.8° Fahrenheit (F)). These environmental conditions promote and protect Legionella growth due to the association between Legionella and biofilms, as well as their symbiotic and parasitic interactions with other microorganisms. They are also ideal conditions for pipe corrosion.
99. Legionnaires’ disease is associated with biofilms and corrosion in piping systems, and water with a pH in the range of 5.0 to 8.5. All of these conditions were present in the Flint water supply, yet neither LAN nor Veolia made any recommendations to treat the water to prevent or abate an outbreak. LAN and Veolia should have known that the outbreak of Legionnaires’ disease was related to corroding pipes, and should have recommended steps to abate the corroded pipe and conditions causing corrosion.
100. Moreover, in constructing and maintaining drinking water systems, operational and procedural efforts must be taken to prevent the growth of Legionella, including an assessment of the quality of the source water and the installation, operation, and maintenance of systems to
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protect the installations from sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
101. Finally, just the color of Flint’s water should have led any reasonable engineer to the conclusion that Flint’s pipes were dangerously corroded. The source of Flint’s water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint’s water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
102. Had LAN and Veolia conducted a proper root cause analysis, or even simply paid attention to any of the myriad warning signs presented to them, they would have been alerted to the significant corrosion problem and the lack of a proper corrosion control protocol.
103. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: “Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem. . . Lead corrosion products observed on lead pipes include lead(II) carbonates and phosphates and, more recently, lead(IV) oxide (PbO2(s)). Solubility and dissolution rates of corrosion products are affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual.”
104. To address systems such as Flint’s that still incorporate lead pipes, the federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead
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concentrations in drinking water motivated the passage of the Lead and Copper Rule (“LCR”) in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
105. Flint’s lack of a corrosion control protocol constituted a clear violation of the EPA’s Lead and Copper Rule. Given this violation, Veolia’s conclusion in its March 12, 2015 report that its “review of water quality records for the time period under our study indicates compliance with State and Federal water regulations” was clearly false.
106. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia’s report states, “The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water.” The report explains that, “Polyphosphate addition will not make discolored water issues go away.” Thus, rather than recognizing that corrosion control was required to render Flint’s water system compliant with federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not have a corrosion control protocol and undermined the importance of installing one by stating that it was unlikely to be effective in addressing discoloration (without the slightest mention of the urgent need to implement this to address the severe lead contamination in the water). Even Veolia’s suggested dosage, 0.5 mg/L was far too low. The City is now adding four to eight times as much phosphate, 2 to 4 mg/L.
107. Veolia knew or should have known that the Flint water system was in violation of federal safe drinking water standards. Its affirmance that Flint was in compliance with federal environmental standards – a false assurance that Flint’s water was safe – wrongly instilled
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confidence in Flint’s water on behalf of both the City and its residents. As a direct and proximate result, Flint did not take further steps to resolve its water problems and the City’s residents continued to drink the water.
108. LAN, too, knew or should have known that Flint’s water was in violation of federal regulations. It should have immediately alerted Flint and its citizens to the corrosive blight eating away at Flint’s pipes and poisoning its residents; instead, it produced a bland report that implicitly endorsed Flint’s policy of neglect.
109. “Lead has been a challenge and a bane for water suppliers since historical times. . . . The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births.” Dr. Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 2010) (hereinafter, “IWA Guide”).
110. LAN and Veolia should have quickly realized that the pipes were corroding and releasing lead and other elements into Flint’s water, and that the corrosive water was coursing through resident’s homes and businesses. LAN and Veolia negligently failed to make these basic observations and, as a direct and proximate result, pipes throughout Flint corroded. Had LAN and Veolia conducted any proper root cause analysis, they would have known that corrosion was causing Flint’s TTHM levels as well as a related lead problem. Their failure to conduct the proper analysis constituted professional negligence.
2. LAN and Veolia Recommend Adding Ferric Chloride to Flint’s Water. 111. Not only did LAN and Veolia fail to conduct any proper root cause analysis, they affirmatively made Flint’s corrosion problem worse by recommending the addition of ferric
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chloride – a very potent, corrosive acid – without the addition of an alkaline buffer to raise the pH. This exacerbated the problems with Flint’s water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
112. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out of the water at the treatment plant. Ferric chloride is highly acidic and corrosive and, if unbuffered by an alkaline substance, will attack the pipes throughout the distribution system causing lead and other materials from the pipes to be released into the drinking water. Accordingly, it is universally agreed that to reduce corrosion, some form of phosphate or other corrosion control must be added to coat the pipes. This industry practice applies to minimizing the impact of ferric chloride, and indeed, chloride from other sources (e.g., the Flint River). And, as discussed above, the requirement to add a corrosion control is mandated by the Federal Safe Drinking Water Act.
113. Veolia’s March 2015 report states that prior to arriving at its conclusions, Veolia undertook “laboratory testing” and concluded that, “[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended.” Veolia acknowledged that its recommended increase was significant: “This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year.”
114. Specifically, Veolia’s report states: Increase of Ferric Chloride – Four coagulants were tested by Veolia -ferric chloride, ferric sulfate, polyaluminum chloride (PACl) and aluminum chlorohydrate (ACH). Ferric chloride and ACH were found to be the best choice of product for effectiveness in removing TOC, a precursor to TTHM formation. Current ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended. Again, please note, that the amount of chemical needed changes with the nature of the river and as such, water must be tested multiple times a day with corresponding changes in chemical dosages. This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year. The increase in chemical costs could be up to $1,000,000 per year. This change in
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dosage (using ferric chloride) can be made immediately without state permit review. (emphasis added.)
115. At the same time that Veolia gave the unqualified opinion that the current dosage is “too low,” and should be doubled, Veolia knew that the City had no corrosion control protocol and knew (or should have known) that corrosion was already a significant problem in Flint. Veolia’s directive that the City double its dosage of ferric chloride was unqualified and in no way warned that ferric chloride could increase corrosion. Moreover, Veolia failed to inform the City that in order to increase the dosage of ferric chloride (or indeed to use any chloride at all) it must also raise the water’s pH and use phosphate to protect the pipes from corrosion.
116. In August, 2015, LAN made the same recommendation to increase the dose of ferric chloride:
Increasing the dose rate of ferric chloride is an operational change that can easily be implemented without the need for any additional equipment. Test results show that over 40% THMFP removal can be obtained with a dosage of 60 mg/L Fe3+ or higher. Increased dosing of ferric chloride would be most ideal coupled with regular raw water TOC monitoring so that TOC levels would dictate the appropriate ferric chloride feed rate. 117. LAN and Veolia should have told the City that the addition of phosphate and a pH buffer was mandatory to prevent the leaching of lead from pipes – especially if the ferric chloride concentration was increased. No such recommendation was made. 118. As a direct and foreseeable result of LAN’s and Veolia’s recommendations, Flint increased the ferric chloride dosage without adding corrosion controls. 119. The ferric chloride added to Flint’s water system at LAN’s and Veolia’s suggestion caused substantially greater amounts of lead to leach into Flint’s water supply.
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120. The impact of acid on metal, which would include the pipes and appliances in Flint,

is well known to water experts. As indicated by the Centers for Disease Control and Prevention:

Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . . Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. . . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.

Centers for Disease Control and Prevention, Fluoridation of Drinking Water and

Corrosion

of

Pipes

in

Distribution

Systems

Fact

Sheet,

http://www.cdc.gov/fluoridation/factsheets/engineering/corrosion.htm (last updated July 10,

2013).

121. A graph prepared by the Flint Water Study Group from Virginia Tech University

shows that the pH of Flint’s water distribution system became more acidic after the Veolia Report

was issued in March, even as the pH in the Flint River became less acidic:

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122. The graph above shows that the Flint River had a pH at or above 8.0 S.U. for all of 2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint’s municipal water supply started dropping steadily from 7.9 S.U. in March (just after Veolia made its recommendation to double the ferric chloride concentration) to 7.3 S.U. in August. This difference is significant. pH is measured on a logarithmic scale, which means that a pH of one whole number, such as 7.0 S.U., is ten times more corrosive than a pH of another whole number, such as 8.0 S.U. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint’s water.
123. The graph above is punctuated with quotes from emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint’s drinking water.
124. On June 24, 2015, the EPA reached a similar conclusion about the City’s addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network.
Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added).
125. The corrosivity of ferric chloride is well known. Ferric chloride is highly acidic, and has a pH < 1, which is equivalent to battery acid. See James DeWolfe, Guidance Manual for Coagulant Changeover at 52, (AWWA Research Foundation, 2003).
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126. The method for addressing the impact of ferric chloride is also well known. Because ferric chloride lowers the drinking water pH to corrosive levels, the standard procedure is to raise the pH to the neutral or even alkali ranges. “The water quality parameters that can impact the corrosion of distribution system and domestic piping systems include pH, alkalinity, TOC, aluminum, sulfate, chloride, hardness, oxygen levels, and disinfectant residual. Corrosion of lead and copper pipes has been described by various researchers. . . ” EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999) (hereinafter, “EPA Guidance”).
127. The EPA has further explained that, “[c]ontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or enhanced softening is implemented.” Id.
128. This is true because, “[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation.” Id.
129. “Enhanced coagulation and enhanced softening may change the chemistry of the water entering the distribution system. Before enhanced coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed. . . . If the recommended mitigation actions represent a major change in corrosion control, the utility can conduct pilot-scale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals.” Id.
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130. “The vast majority of U.S. utilities were able to comply with [U.S. EPA’ s] lead and copper rule by: 1) pH and alkalinity adjustment, most frequently to the pH range of 9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble PbO3 deposits through chlorination to high ORP [and sometimes concurrent adjustment to > 9 S.U.” IWA Guide at 46.
131. Fresh water can have widely ranging pH values depending on the geology of the drainage basin or aquifer and the influence of contaminant inputs. If the water is acidic, lime, soda ash, or sodium hydroxide can be added to raise the pH during water purification processes. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
132. Both LAN and Veolia analyzed the pH in Flint’s water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Flint’s water would have been less corrosive and, relatedly, less lead would have leached into Flint’s water.
3. Veolia and LAN Misled the Public, Falsely Assuring Them the Water Was Safe.
133. LAN and Veolia were hired for the express purpose of determining the cause of Flint’s water problems and identifying the corrective measures necessary to render Flint’s water system compliant with state and federal regulations.
134. LAN and Veolia entirely failed to satisfy the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint’s TTHM levels and, relatedly, caused lead and other materials leaching into Flint’s
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water supply. Moreover, a proper root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
135. Despite recognizing that Flint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN and Veolia’s reports implicitly and explicitly deemed Flint’s water system compliant with federal regulations. By doing so, LAN and Veolia wrongly accorded Flint’s water the imprimatur of safety.
136. Accordingly, not only did the City of Flint fail to take the proper steps to render its water system compliant, but Plaintiffs and the Class were wrongly assured they could continue to drink Flint’s water. These false assurances had catastrophic results.
F. THE CITY DISCOVERS—AND COVERS UP—ITS LEAD CRISIS 137. On February 26, 2015, the City of Flint tested LeeAnn Walters’s water for lead and the results were dangerously high. According to that test, the water at Ms. Walters’s home contained 104 parts per billion (ppb) of lead – nearly seven times the EPA’s 15 ppb limit. The City official who conducted the test, Michael Glasgow, characterized the result as “very high.” Mr. Glasgow informed Ms. Walters, a mother of four, that he was, “[s]orry for this news,” but otherwise provided no guidance regarding the relative safety of the water, what was being done to solve the problem, or whether Ms. Walters and her family should continue drinking the water. 138. Ms. Walters turned to the EPA for guidance, forwarding the test results to the EPA. Jennifer Crooks of the EPA’s Region 5 office immediately reached out to Busch and Prysby at MDEQ, “to alert you to the high lead levels reported to a citizen yesterday by Flint Water Dept. . . . Mike Glasgow at the plant . . . did test it to find that the iron levels were greater than his test would go; GT 3.3. But, because the iron levels were so high, he suggested testing for lead and
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copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3… Big worries here.”
139. Ms. Crooks further explained in her email, “[t]hat the different chemistry water is leaching out contaminants from the insides of the biofilms inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant.”
140. The Regulations Manager of the Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following on February 26, 2015: “Miguel was wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it Phosphates?”
141. On February 27, 2015, MDEQ’s Stephen Busch falsely informed the EPA that, “The City of Flint . . . Has an Optimized Corrosion Control Program [and] Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results.”
142. On March 3, 2015 – after the City increased its ferric chloride dosage to address TTHM levels – Ms. Walters’s home was retested and showed lead levels of 397, more than twentysix times the legal limit. Again, neither the City nor the professional engineers retained to advise Flint regarding its water system did anything to investigate, ameliorate, or inform the public regarding the extreme hazard posed by the City’s water supply.
143. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of 3 µg/dL. Fearing that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood
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re-tested for lead on March 27, 2015. This test reported a blood lead level of 6.5 µg/dL – higher than the CDC’s 5 µg/dL threshold.
144. Ms. Walters brought this information to the attention of local health officials. Far from recognizing the danger posed by this result, Ms. Walters’s concerns were casually dismissed and even belittled. “He is barely lead poisoned,” Ms. Walters was told by a state nurse, “If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation.” The same nurse continued, “I am working with kids in their 40’s and 50’s. It is just a few IQ points . . . it is not the end of the world.”
145. Ms. Walters’s water was again re-tested on April 28, 2015. Those tests showed extremely high lead levels between 200 ppb and 13,200 ppb, with an average of 2,429 ppb. The legal limit is 15 ppb – accordingly, at the high-end, the lead in Ms. Walters’ home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists to investigate the Flint water system. That team, led by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study which has sought to compile information related to the Flint water crisis. In response to Virginia Tech’s results, the City remained silent.
146. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved “pre-flushing” before collecting samples. According to an EPA official, “pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water.” Pre-flushing, while not expressly prohibited, “negates the intent of the rule to collect
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compliance samples under ‘worst-case’ conditions.” No public announcements were made regarding the existence of lead in Flint’s drinking water.
147. Having seen no action from Michigan, MDEQ, or the City in response to its prior letter regarding the Walters’ high lead tests, EPA’s Del Toral drafted and sent a memorandum to other EPA and MDEQ officials on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA’s “major concern from a public health standpoint” was “the absence of corrosion control treatment in the City of Flint for mitigating lead and copper levels in the drinking water.”
148. Mr. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint’s water was directly related to the City’s use of ferric chloride to remove bacteria and reduce TTHM levels. Mr. Del Toral explained what any reasonable engineer should have already known, “[s]tudies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network.”
149. Collecting samples that accurately depicted real world scenarios – in other words, scenarios where people did not allow their water to run for several minutes before drinking it – was incredibly important because “compliance sampling results which are reported by the City of Flint to residents could provide a false sense of security to the residents of Flint regarding lead levels in the water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water.”
150. Moreover, initial tests for lead in Flint’s water were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months of 2015 were incorrectly labeled as having come from homes with lead service lines when, in truth, the
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samples had been taken from homes with underground plumbing made of copper, galvanized steel, or other materials that pose lower risks of corrosion, according to the City’s own documents.
151. The City’s failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint’s drinking water; this failure also constituted a violation of federal environmental laws which require water sampling be done at “high-risk” locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such high-risk homes.
152. Michael Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning, Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location of lead service lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
153. As a result, the City failed to promptly and fully identify the presence of lead in Flint’s drinking water. These failures both delayed corrective action and wrongly induced a belief among Flint’s citizens that the water was safe. Flint’s water crisis did not begin to get the attention it needed until an EPA memorandum on the crisis was leaked to the ACLU and the press, prompting lawsuits and investigations. Concerns regarding corrosion of Flint’s pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed what many had long suspected: the Flint River was substantially more corrosive than Flint’s prior water
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source with about eight times the amount of chloride. In September, Virginia Tech’s analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered “hazardous waste.” The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
154. On September 24, 2015, Dr. Mona Hanna-Attisha, a pediatrician at Hurley Medical Center, released a study showing that the levels of lead in children tested after the City of Flint started using Flint River water were much higher than before the switch.
155. Specifically, Dr. Hanna-Attisha studied data from blood levels processed at Hurley Medical Center for children under 5 years of age residing in zip codes 48501-48507 and compared Elevated Blood Level (“EBL”) percentages for the period January 1, 2013 to September 15, 2013 with the period January 1, 2015 to September 15, 2015. An EBL result was defined as a blood level in excess of 5 g/dL. This corresponds with the CDC’s recognized blood lead limits. According to her report, 2.1% of blood samples reported EBLs during the pre-switch 2013 period compared to 4% EBLs after the switch. In other words, the incidence of blood poisoning doubled after Flint switched water sources and LAN and Veolia recommended the addition of ferric chloride.
156. Tragically, Dr. Hanna-Attisha’s study revealed especially high incidence of EBLs for children 15 months of age and under. For those children residing in homes where drinking water tested high for lead, the rate of EBL is three times the pre-switch period. But no children in Flint are safe – even among those children who resided in areas of Flint that did not report high lead levels in the water, the incidence of lead poisoning nearly doubled. Moreover, the lead that was released from pipes now exists in sediment throughout the system and in the pipes and
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appliances in resident’s homes and businesses, and can become remobilized into the drinking water at any time. This demonstrates the significant impact of the water switch on the entire community: no matter where one resides in Flint, the risk of lead poisoning cannot be escaped.
157. Despite evidence that the Michigan Department of Health and Human Services was aware of EBLs as early as September 2014, Michigan’s HHSD spokesperson, Angela Minicuci, initially reported that blood lead levels in Flint had remained steady since the switch to Flint River. MHHSD later acknowledged that lead levels were increasing consistent with Dr. Hanna-Attisha’s findings.
G. DESPITE ADMISSIONS OF WRONGDOING, PROBLEMS CONTINUE UNABATED
158. On October 16, 2015 – at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding pipes were causing contamination of the community’s water, the City switched back to using water from the DWSD.
159. In an email dated October 18, 2015, from MDEQ Director Wyant to Governor Richard Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized corrosion control. He wrote, “I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning.”
160. It was not until these mistakes came to light that the City took the steps necessary to begin to bring Flint into compliance with federal environmental laws. On October 30, 2015, MDEQ emailed Glasgow, instructing him to institute the requisite corrosion control.
161. By this point, however, the damage was done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after
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that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into the homes and businesses of Flint’s residents was replacing the pipes.
162. Since the crisis first came to light, various entities have initiated investigations into the persons and entities that caused the crisis. The state-sponsored Flint Water Advisory Task Force issued its final report in March, 2016. That report recognized that, “[u]ltimate accountability for Michigan executive branch decisions rests with the Governor,” but found misconduct on behalf of several persons and government entities.
163. Likewise, Congress has held hearings related to the Flint crisis, calling several individuals, including Governor Snyder to testify before the Committee. Critically, however, neither the state-sponsored Task Force nor the Congressional hearings have resulted in any compensation being awarded to Plaintiffs or the Class, nor have any of these investigations fully examined the role of LAN and Veolia in causing this crisis.
H. PERSONAL AND PROPERTY DAMAGES SUFFERED BY THE CLASS 164. As a direct, proximate and foreseeable cause of Defendants’ conduct, Plaintiffs and the Class have suffered extensive personal and property damage.
1. Lead’s Devastating Health Effects and Other Personal Injuries Caused by Flint’s Water Crisis.
165. Lead’s catastrophic effects are indisputable. According to the EPA, “[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
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166. According to the World Health Organization, “lead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible.”
167. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
168. Lead is so harmful that, according to the EPA, “ingestion of lead can cause seizures, coma and even death.”
169. The effects of lead exposure are long lasting. The EPA has explained that, “[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth.”
170. Lead is also harmful to adults. The EPA warns that “[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women).”
171. The costs of lead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course of
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appropriate treatment. Leonardo Trasande and Yinghua Liu, Reducing The Staggering Costs Of Environmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (2011): 863-870.
172. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning – typically chelation therapy – as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
173. Given the long-lasting risks of lead exposure and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
174. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires’ disease. As explained above, the presence of Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires’ and at least nine died. Those members of the Class who became infected with Legionnaires’ disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants’ conduct.
175. Finally, as a direct and proximate result of Defendants’ conduct, Plaintiffs and the Class have suffered extreme emotional distress.
2. Flint’s Children: Catastrophic Lifetime Losses 176. Flint’s most vulnerable – its children – have suffered the most disastrous consequences from lead exposure – diminished potential over the entire course of their lives. The World Health Organization states, “[t]hese costs are sometimes referred to as lost opportunity costs. Using a conservative estimate, the decrease in intelligence attractable to each 1 µg/dl
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increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial.”
177. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical, sociological, disability and occupational services, or long-term monitoring and treatment costs.
178. According to an analysis of the economic losses attributable to lead exposure in 2009, “[t]he present value of Michigan’s economic losses attributable to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings.” Michigan Network for Children’s Environmental Health, The Price of Pollution: Cost Estimates of EnvironmentRelated Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates of the fallout from Flint’s lead crisis.
179. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
180. As a direct and proximate result of Defendants’ conduct, Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
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3. Property Damages Caused by Defendants’ Conduct 181. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants’ conduct, as described above, has caused significant property damage. 182. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and potentially Legionella – thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs’ and the Class’s real property has been substantially diminished as a result of the continuing questionable safety of Flint’s water and existence of corroded pipes and appliances. 183. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply. 184. The residents’ homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects. 185. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: “[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the
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household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenishblue stains around basins and drains.”
186. The Water Research Watershed Center has further explained that, “The cost of corrosion can be expensive. Corrosion can impact you and your family’s health, aesthetic quality of your water, waste money, and damage your household piping and fixtures.”
187. Not only does corrosion cause the “premature failure of household plumbing and plumbing fixtures,” the Water Research Watershed Center has explained, corrosion also “decreases the efficiency of hot water heaters and may cause premature failure to the heater.” According to a Michigan Radio news story, Virginia Tech researchers have recently returned to Flint out of concern that “lead and other metals leaching from damaged pipes have accumulated in their hot water heaters making bathing hazardous.” The Virginia Tech researchers will be testing water heaters for lead and Legionella bacteria.
188. Moreover, residents have already reported damage to major appliances such as dishwashers and washing machines following Flint’s decision to switch water sources.
189. According to emails from Governor Snyder’s office, the State estimates that replacing Residents’ pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
190. Corroded pipes not only present a continuing health threat, they risk further damage to one’s property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
191. Although the City has stated it intends to begin replacing some City-owned pipes, this is far from sufficient to render Flint’s water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in
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Houston, has explained that “changing all the mains in the city will not really solve the problem for the homeowners” because the lead piping in these homes probably has been severely compromised. “The corrosion is not going away. It’s still there.”
192. Plaintiffs and the Class have been left to pay for the damage caused by Defendants. This has proven nearly impossible as many of the City’s residents survive on very little money. To make matters worse, the Washington Post has reported that, “many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say.”
193. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
194. Moreover, the problems associated with Flint’s water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, “[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing.”
195. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: “[u]ntil [water] testing and potability is affirmed, it will be difficult to lend,” said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint’s residents. Lenders claim their hands
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are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require “a continuing and sufficient supply of safe and potable water” to provide home financing.
196. This creates a true catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe. V. CLASS ACTION ALLEGATIONS
197. Plaintiffs bring this action and seek to certify and maintain it as a class action under Rules 23(a); (b)(1) and/or (b)(2); and (b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and similarly situated individuals in the City of Flint, Michigan, subject to amendment and additional discovery as follows:
a. All persons and entities that have resided in, or owned or rented property in, the City of Flint, Michigan since April 25, 2014.
198. Excluded from the Class is: a. Defendants, including any entity or division in which Defendants have a controlling interest, along with their legal representative, employees, officers, directors, assigns, heirs, successors, and wholly or partly owned subsidiaries or affiliates; b. the Judge to whom this case is assigned, the Judge’s staff, and the Judge’s immediate family; and c. all governmental entities.
199. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way. NUMEROSITY AND ASCERTAINABILITY
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200. This action meets the numerosity requirement of Fed. R. Civ. P. 23(a)(1), given that the amount of affected Flint residents and property owners, upon information and belief, has reached the tens of thousands, making individual joinder of class members’ respective claims impracticable. While the precise number of class members is not yet known, the precise number can be ascertained from U.S. Federal Census records, State of Michigan and City of Flint public records, and through other discovery. Finally, Class members can be notified of the pendency of this action by Court-approved notice methods. TYPICALITY
201. Pursuant to Federal Rules of Civil Procedure 23(a)(3), Plaintiffs’ claims are typical of the claims of class members, and arise from the same course of conduct by Defendants. Plaintiffs’ persons and real property, like all Class Members, has been damaged by Defendants’ misconduct in that they have incurred damages and losses related to the introduction of highly corrosive water from the Flint River into the public water supply, causing lead contamination and personal injury damages, destroying the lead supply pipes, and causing the ongoing water crisis in Flint. Furthermore, the factual bases of Defendants’ actions and misconduct are common to all Class Members and represent a common thread of misconduct resulting in common injury to all Class Members. The relief Plaintiffs seek is typical of the relief sought for absent Class Members. ADEQUACY OF REPRESENTATION
202. Plaintiffs will serve as fair and adequate class representatives as their interests, as well as the interests of their counsel, do not conflict with the interest of other members of the class they seek to represent. Further, Plaintiffs have retained counsel competent and experienced in class action litigation.
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203. Plaintiffs and their counsel are committed to vigorously prosecuting this action on
behalf of the Class.
PREDOMINANCE OF COMMON ISSUES
204. There are numerous questions of law and fact common to Plaintiffs and Class
Members that predominate over any question affecting only individual Class Members, the
answers to which will advance resolution of the litigation as to all Class Members. These common
legal and factual issues include the following:
a. whether Defendants engaged in the conduct alleged herein; b. whether LAN and Veolia committed professional malpractice when they failed to
conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control; c. whether Defendants knew or should have known that Flint’s water supply indicated the presence of lead; d. whether Defendants knew or should have known that Flint’s water supply indicated the presence of Legionella; e. whether Defendants took steps to conceal the presence of lead in Flint’s water supply or otherwise falsely assured Plaintiffs and the Class that Flint’s water was safe; f. whether Defendants’ conduct was tortious under Michigan law, on the theories set forth herein; and g. whether Plaintiffs and Class Members are entitled to damages and other monetary and equitable relief, and if so, in what amount and nature. SUPERIORITY
205. The class action mechanism is superior to any other available means of the fair and
efficient adjudication of this case. Further, no unusual difficulties are likely to be encountered in
the management of this class action. Given the great amount of Flint residents impacted by
Defendants’ conduct, it is impracticable for Plaintiffs and the Class to individually litigate their
respective claims for Defendants’ complained of conduct. To do so would risk inconsistent or
contradictory judgments and increase delays and expense to both parties and the court system.
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Therefore, the class action mechanism presents considerably less management challenges and provides the efficiency of a single adjudication and comprehensive oversight by a single court. Medical Monitoring
206. As a direct and proximate result of the Defendants’ acts, omissions, and conduct as set forth in this Amended Complaint, Plaintiffs and the Class have suffered and continue to suffer a significantly increased risk of contracting a serious injury or latent disease, including, but not limited to, several forms of cancer, respiratory ailments, gastrointestinal ailments, sleep disturbance, and physical stress. This increased risk makes periodic diagnostic medical examinations reasonably necessary to establish a "baseline" status of their health and to monitor their status for changes and progressions in their injuries and their sequelae.
207. Early detection and diagnosis of these diseases is clinically invaluable as early detection and diagnosis can prevent, reduce, and/or significantly delay resulting discomfort, suffering, disability, and dysfunction, and/or death. Furthermore, these conditions can often appear asymptomatic absent proper testing until they have progressed to an untreatable, permanent, and/or terminal state.
208. Easily administered, cost-effective monitoring and testing procedures exist that make the early detection and treatment of such injuries or diseases possible and beneficial. For example, administration of these readily available non-invasive tests can easily and accurately diagnose the presence of liver failure, respiratory ailments, and heart dysfunction, even in asymptomatic individuals. Early diagnosis of these diseases and conditions will allow prompt and effective treatment and will reduce the risk of morbidity, and mortality, from which these Plaintiffs and the Class would suffer if diagnosis and/or treatment were delayed until their conditions became overtly symptomatic.
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209. The recommended testing procedures will be subject to expert testimony at the time of trial.
210. Plaintiffs and the Class are at a high risk for latent and progressive respiratory injuries and therefore need to undergo testing. Plaintiffs and the Class also need the availability of non-invasive testing as a diagnostic tool and method of treatment in order to prevent untreated and unabated progression of latent injuries, which will result in even more grave injuries and consequences.
211. The Plaintiffs and Class Members increased susceptibility to certain injuries and the irreparable threat to their future health and well-being resulting from their exposure to hazardous substances and chemicals in and around their homes, schools, businesses and other public places in the City of Flint can only be mitigated and/or addressed by the creation of a medical program including but not limited to:
a. notifying Plaintiffs and the Class of the potential harm from exposure to the contamination described herein;
b. funding further studies of the long-term effects of exposure; c. funding research into possible cures for the detrimental effects of breathing, living
and working near the contaminants and toxicants present in the City of Flint as a result of the acts and omissions alleged herein; d. gathering and forwarding to their treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) in and around the City of Flint; and e. aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of Plaintiffs and the Class. 212. To the extent that Defendants' actions resulted in the discharge and/or release of lead into Flint’s drinking water, thereby entering and injuring the physical and mental well-being of Plaintiffs and the Class, their real and personal property, and their economic interests, Defendants are jointly and severally liable for all damages from contamination in this case.
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DECLARATORY AND INJUNCTIVE RELIEF 213. Since Defendants have acted or refused to act on grounds generally applicable to
Plaintiffs and Class Members, final injunctive and declaratory relief is appropriate with respect to the Class as a whole. VI. CAUSES OF ACTION
COUNT: I (Professional Negligence) 197. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 198. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiffs, the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property. 199. As a result, LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would. 200. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. 201. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
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COUNT: II (Gross Negligence) 202. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 203. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to their property. 204. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and Legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, Defendants with gross negligence, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class. 205. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN’s and Veolia’s gross negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages. 206. Defendants’ conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
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COUNT: III (Negligence) 207. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 208. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 209. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead. 210. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their property. 211. Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred. 212. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members. 213. As a result of Defendants’ breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
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214. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
215. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
216. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
217. As a direct and proximate result of Defendants’ negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
COUNT: IV (Intentional Infliction of Emotional Distress) 218. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 219. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs and the Class serious emotional distress. Defendants’ outrageous conduct in causing, prolonging, and obscuring Plaintiffs’ exposure to
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toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that Plaintiffs’ distress was certain, or substantially certain to result from their conduct, or Defendants acted in deliberate disregard of a high degree of probability that the Plaintiffs and the putative class would suffer emotional distress as a result.
220. Defendants’ outrageous conduct caused severe distress to Plaintiffs and the Class and was the proximate cause of Plaintiffs’ injuries.
221. As such, Defendants breached their duty to exercise reasonable care towards Plaintiffs and the Class.
222. Plaintiffs and the Class suffered serious emotional distress as a direct and foreseeable result of Defendants’ conduct.
COUNT: V (Negligent Infliction of Emotional Distress) 223. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 224. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 225. As alleged herein, Defendants failed to exercise reasonable care which had the direct and foreseeable result of causing Plaintiffs and the Class severe emotional distress.
COUNT: VI (Unjust Enrichment) 226. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 227. Plaintiffs and the Class were sold toxic drinking water that was unfit for human consumption instead of receiving clean, safe drinking water, as promised.
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228. LAN and Veolia unjustly received compensation for providing engineering services that did not satisfy their duties of professional responsibility.
229. Accordingly, the LAN and Veolia Defendants should be ordered to disgorge their unjustly retained benefits. DECLARATORY RELIEF SOUGHT
230. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
231. Plaintiffs are entitled to a declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.
232. An actual controversy exists between the parties as alleged herein and will continue to exist unless and until it is resolved by this Court. DAMAGES SOUGHT BY THE CLASS
233. Plaintiffs and the Class incorporate by reference the preceding paragraphs as if fully set forth herein.
234. At all relevant times herein, Defendants owed a duty to Plaintiffs and the Class to ensure the adequate processing, transportation, and storage of potable drinking water to the residents of the City of Flint.
235. The significantly increased risks associated with exposure to lead make periodic diagnostic medical examinations reasonable and necessary.
236. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs and the Class have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complication. This increased risk
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makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
237. In order to compensate Plaintiffs and the Class for damages suffered due to Defendants' acts, each and every Plaintiff and Class Member requires, among other things, that Defendants collectively pay the past and future costs of obtaining necessary medical care, toxicological examinations and diagnoses, and any other medical monitoring necessary in order to ascertain and treat the nature and extent of the injuries suffered due to the contamination, with Plaintiffs and the Class retaining freedom of choice relative to choosing their experts. Many of these costs would not be covered by health care insurers, and if covered, may unfairly result in increased premiums.
238. Each and every one of these Plaintiffs’ and Class Members’ increased susceptibility to certain injuries and the irreparable threat to their future health and well-being resulting from their exposure to lead in Flint can only be mitigated and/or addressed by the creation of a medical program (the “Flint Program”) including but not limited to:
a. Establishing a program that provides education and outreach on the existence and availability of the services established under the medical monitoring program, including but not limited to the establishment of a public Website with information about the Program, meetings with potentially eligible populations, development and dissemination of outreach materials informing Flint residents about the program, and the establishment of phone information services;
b. Funding further studies of the long-term effects of exposure; c. Funding medical surveillance for those individuals exposed to lead; d. Gathering and forwarding to each and every one of these Plaintiffs’ and Class
Members’ treating physicians’ information related to the diagnosis and treatment of injuries which result from their exposure(s) to lead; e. Aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of each and every one of these Plaintiffs and the Class.
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239. Establishment of a medical monitoring program for the Plaintiffs and the Class is essential as a consequential damage from their exposure to the contaminants because without the requested medical monitoring programs, they will be subjected to further injuries and delayed treatment.
240. Accordingly, Plaintiffs and the Class are entitled to a medical monitoring program which provides for medical testing, surveillance, monitoring, and study of the Plaintiffs and the Class for conditions caused by exposure to the references substances, as well as payment of their attorney’s fees and expenses, and any other relief this court deems just and proper.
241. Plaintiffs and the Class have sustained and will continue to sustain damages to their property as a result of Defendants’ actions. As a result, Plaintiffs and the Subclasses seek monetary damages for each violation of the First through Sixth Claims for Relief. In particular, Plaintiffs and the Class seek damages, including but not limited to: (i) monetary damages reflecting the cost to remediate class members’ property of the contamination caused by Defendants’ conduct or, in the alternative, to compensate class members for the diminution in value of their property caused by Defendants’ conduct; (ii) monetary damages to compensate class members for the loss of the use and enjoyment of their properties caused by Defendant’s conduct; (iii) monetary damages for the diminution of the value of the plaintiffs’ property, and (iv) monetary damages to compensate class members for the loss of quality of life caused by Defendants’ conduct.
242. Plaintiffs and the Class also seek consequential damages sufficient to fund a medical monitoring program that is reasonably tailored to the exposure risks of the contaminants, including but not limited to lead.
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243. Each and every one of these Plaintiffs and Class Members will incur future expenses for medical monitoring and, as a result, seek payment of their related medical expenses as an element of the consequential damages. PUNITIVE DAMAGES
244. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
245. Upon information and belief, Defendants engaged in willful, wanton, malicious, and or/reckless conduct that caused the foregoing property damage, nuisances, and trespasses upon the persons and properties of Plaintiffs and the Class, disregarding their protected rights.
246. Defendants’ willful, wanton, malicious, and/or reckless conduct includes but is not limited to:
a. failure to provide safe drinking water to the residents of Flint; b. failure to implement adequate corrosion controls for Flint River water; c. underestimating the seriousness of the lead contamination in Flint’s water system; d. failure to warn Plaintiffs and the Class about the unsafe levels of lead in Flint’s
water system; e. failure to act to limit exposure of the lead contamination in Flint’s water system; f. concealing the presence of lead in Flint’s water supply or otherwise falsely assuring
Plaintiffs and the Class that Flint’s water was safe; and g. making unlawful and misleading representations or material omissions with respect
to the safety of Flint’s water supply. 247. Defendants have caused great harm to the property and water supplies of Plaintiffs and the Class and demonstrated an outrageous conscious disregard for their safety with implied malice, warranting the imposition of punitive damages.
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VII. DEMAND FOR A JURY TRIAL
248. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand
a jury trial as to all issues triable by a jury.
VIII. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs pray as follows:
a. That judgment be entered for Plaintiffs and Class members against Defendants for personal and property damages sustained as a direct and proximate cause of Defendants’ conduct as well as any punitive damages or disgorgement monies owed to Plaintiffs and the Class;
b. That Plaintiffs and the Class recover pre-judgment and post-judgment interest as permitted by law
c. an order of equitable relief to remediate the harm caused by Defendants unconstitutional conduct including repairs or property, establishment of a medical monitoring fund, and appointing a monitor to oversee the water operations of Flint for a period of time deemed appropriate by the court;
d. an award for general damages; e. an order for an award of compensatory damages; f. an order for an award of punitive damages; g. an order for an award of actual reasonable attorney fees and litigation expenses;
and h. an order for all such other relief the court deems equitable.
Respectfully submitted,

Dated: February 3, 2017

NAPOLI SHKOLNIK PLLC
By: /s/ Hunter Shkolnik Hunter Shkolnik, ##2031458NY Paul J. Napoli, #2513141NY 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 hunter@napolilaw.com pnapoli@napolilaw.com
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 2:16-cv-11247-AC-APP Doc # 1 Filed 04/06/16 Pg 1 of 118 Pg ID 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

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LAWRENCE WASHINGTON JR., individually and as next friend of five minor children, TAYLOR WASHINGTON, MORGAN WASHINGTON, CHLOE WASHINGTON, MADISON WASHINGTON, LAWRENCE WASHINGTON; CHRISTA GODIN, individually and as next friend of three minor children, ANGEL ARRAND, AUSTON ARRAND, WILLIAM ZIETZ III; ROOSEVELT CAMERON; DEBORAH SMITH; ABY NDOYE, SHANIKA MIXON and ROBIN DAVIS, all on behalf of themselves and a class of all others similarly situated,

JURY TRIAL DEMANDED

Plaintiffs,

Case No.

- against -

GOVERNOR RICHARD DALE SNYDER, in his individual capacity, DENNIS MUCHMORE, in his individual capacity, and the STATE OF MICHIGAN for prospective relief only; the MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY (“MDEQ”), the MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES (“MDHHS”), ED KURTZ, DARNELL EARLEY, GERALD AMBROSE, HOWARD CROFT, MICHAEL GLASGOW, DANIEL WYANT, LIANE SHEKTER SMITH, STEPHEN BUSCH, PATRICK COOK, MICHAEL PRYSBY, BRADLEY WURFEL, EDEN WELLS, NICK LYON, LINDA DYKEMA, NANCY PEELER, ROBERT SCOTT, in their individual and official capacities, ROWE PROFESSIONAL SERVICE COMPANY, a Michigan Corporation, LOCKWOOD, ANDREWS & NEWMAN, INC. a Texas Corporation, VEOLIA NORTH AMERICA, LLC, a Delaware Corporation, DAYNE WALLING, and the CITY OF FLINT, a municipal corporation, jointly and severally.

CLASS ACTION COMPLAINT

Defendants.
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CLASS ACTION COMPLAINT AND JURY DEMAND
INTRODUCTION 1. This case arises from the now infamous poisoning and damage to the property of Flint’s residents with lead from water from Flint’s pipes and service lines. 2. Plaintiffs bring this action for prospective relief only as against the State of Michigan, the Michigan Department of Environmental Quality, hereinafter known as MDEQ, and the Michigan Department of Health and Human Services, hereinafter known as MDHHS.
3. The poisoning of the residents of Flint, Michigan with toxic drinking water did not originate from a toxic water problem. Rather, the poisoning of the residents of Flint originated from a run of the mill city fiscal problem, which could have been safely addressed by invoking time tested, well-honed federal bankruptcy protections for restructuring the debts of municipalities. 4. However, the State of Michigan and Governor Snyder through their Emergency Managers, did not file bankruptcy petitions for Flint. 5. Instead, they conceived and enacted a wrongful scheme to solve Flint’s fiscal problem by selling Flint residents poisoned drinking water from a new, free water source. 6. Historically, and for approximately 50 years, the Flint residents had paid for clean, safe and properly treated drinking water which it purchased from Detroit. 7. To save money, the State of Michigan stopped buying the clean safe Detroit water, and instead began to procure free drinking water from the toxic Flint River. 8. Over a period of approximately 2 years, the Flint residents were forced by the Emergency Managers- Ed Kurtz, Darnell Earley, and Gerald Ambrose, who reported directly to Governor Snyder and the State of Michigan to pay an estimated $50 million for toxic Flint

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River drinking water in order to balance the Flint books. 9. The State of Michigan never intended to use the free water of the Flint River as a permanent solution, as it certainly would have, had the Flint River been safe to use as drinking water. 10. Rather, the State of Michigan intended, from the outset, to discontinue buying safe water from Detroit in 2014 and to switch to buying the less expensive safe water from Lake Huron in late 2016.
11. However, there was a time gap of at least two years until the infrastructure to bring the Lake Huron water to Flint was in place. The free Flint River water source was intended to be used only during the two-year interstitial period of time between disconnecting from the Detroit water and hooking up to the Lake Huron water. 12. During this two-year interstitial period, the State of Michigan, who seized control and managed all the financial and governmental affairs of the City of Flint and the MDEQ and private Defendants Veolia North America LLC., hereinafter known as Veolia, Rowe Professional Service Company, hereinafter known as Rowe, and Lockwood Andrews and Newnam, Inc., hereinafter known as LAN, made false continued representations as to the safety of the Flint River water, despite independent testing indicating its toxicity.
13. Governor Snyder and the State of Michigan, through the Emergency Managers in 2013 made the decision to switch from the Detroit Water and Sewer Department (“DWSD”) to the Flint River as the water source for the City of Flint.
14. Through the Emergency Managers, Snyder and the State of Michigan completely subsumed the authority of the local government of Flint under PA 436 and left the municipal

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authorities powerless.
15. The State of Michigan, its Emergency Managers, the MDEQ, MDHHS, and the Environmental Protection Agency District 5, hereinafter known as EPA had knowledge and power to prevent this tragic occurrence which violated the Federal Lead & Copper Rule. 16. As a result of the acts of Governor Snyder and his staff, the Emergency Managers, MDEQ, and MDHHS, unthinkable harm has been inflicted on the residents of Flint. 17. The effects of exposure and re-exposure to lead to infant children and adults are as long lasting as they are devastating, as well as the effect upon the value of the property of the citizens of Flint, and in the unlawful billing for toxic water from the Flint River and inflicted immeasurable harm and property damage to the Plaintiffs. 18. The State provided a mantle of authority for the Defendants acting outside the scope of their authority that enhanced their power as harm-causing individual actors who acted in concert with requisite intent and scienter that caused immeasurable damage to the health and property of the residents of Flint.
PARTIES 19. Plaintiffs have, and have at all times relevant hereto been residents of Flint, Michigan. 20. Defendants forced the decision to connect to the Flint River onto the residents of the City of Flint, thereby exposing Plaintiffs to the unsafe and untreated Flint River water. 21. These plaintiffs include lead poisoned plaintiffs, as well as property owners and business owners who paid monthly for toxic water from the free Flint River source beginning in April 2014. 22. Plaintiffs have been exposed and re-exposed to extremely high levels of lead due to the actions of the Defendants.

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23. As a result of Defendants’ actions, Plaintiff have suffered injuries and health problems relating to their hair, skin, digestive and other organ problems, increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of preexisting conditions, requiring vigilant medical monitoring, contract damages, property damages (including but not limited to damaged plumbing, diminution of real property values and return of monies paid for toxic water). 24. The State of Michigan directs, controls, and operates MDEQ. 25. The State of Michigan directs, controls and operates MDHHS. 26. The State of Michigan through the Emergency Managers stood in the shoes and completely subsumed the City of Flint, reporting to Governor Snyder at all times relevant hereto, having entirely absorbed the authority of all governmental functions and fiscal decisions regarding the City of Flint beginning in December 2011. 27. Defendant Richard Snyder is the Governor of Michigan, sued in his individual capacity. 28. Snyder was at all times acting within and outside of the scope of his employment and/or authority under color of law. 29. Snyder formulated an intentional overarching RICO scheme based on Flint’s run of the mill fiscal problems in order to balance the books of the City of Flint by collecting $50 million dollars for water bills for toxic water from the free Flint River water source. 30. Snyder understood that if the free water from the Flint River was fit for use and could be properly treated, there would have been no reason for Flint to switch to the new KWA water supply in 2016.

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31. Governor Snyder was an integral actor in the scheme that intentionally defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry, by planning, directing, coordinating and facilitating the State’s insufficient response to the free but toxic Flint River water and failing to warn and protect the residents of the City of Flint of the consequences of the toxic water as effects their health and property values, despite having knowledge and evidence to the contrary at all times. 32. The citizens of Flint justifiably relied on representations from Governor Snyder. 33. The citizens of Flint justifiably relied on representations from the State of Michigan. 34. The citizens of Flint justifiably relied on representations from the Emergency Managers. 35. The citizens of Flint justifiably relied on representations from the MDEQ. 36. The citizens of Flint justifiably relied on representations from the MDEQ employees. 37. The citizens of Flint justifiably relied on representations from the MDHHS. 38. The citizens of Flint justifiably relied on representations from the MDHHS employees. 39. The citizens of Flint justifiably relied on representations from The City of Flint. 40. The citizens of Flint justifiably relied on representations from The City of Flint employees. 41. The citizens of Flint justifiably relied on representations from The City of Flint agents. 42. Defendant Dennis Muchmore (“Muchmore”) was Governor Snyder’s Chief of Staff, and all times relevant hereto was acting within and outside the scope of his employment and/or authority under color of law. 43. Muchmore as the Governor’s Chief of Staff had numerous and continuous correspondences with Snyder and others that provided Snyder ongoing and actual notice of the

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continuing problems in Flint regarding the toxic water, that resulted in lead poisoning and property damage to the residents caused by the fiscal deficit in Flint. 44. Defendant Muchmore was an integral actor in the fiscal scheme that directed, intentionally defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry, by planning, directing, coordinating and facilitating the State’s insufficient response to the free but toxic Flint River water and failing to warn and protect the residents of the City of Flint of the consequences of the toxic water as effects their health and property values.
45. Defendant Emergency Managers continuously controlled all the Flint governmental functions, decisions and fiscal decisions from December 2011 through April 30, 2015 pursuant to Statute and reported to Governor Snyder.
46. The Emergency Managers at all times relevant hereto were acting within and outside the scope of their employment and/or authority under color of law.
47. The Emergency Managers named herein are sued in their individual and official capacities.
48. The Defendants Emergency Managers acting in concert with Snyder, MDEQ, and MDHHS made the decision to switch to the free Flint River water system and enabled Flint’s water treatment plant from not properly analyzing and treating this water with an anti-corrosive, nor making it safe in any way.
49. The Defendant Emergency Managers were integral actors in the scheme that directed, defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.

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50. The Defendant Emergency Managers made false and/or misleading statements representing that the water fromt= the Flint River was safe to drink as it poisoned, exposed and re-exposed thousands of residents of Flint and damaged their property.
51. Defendant City of Flint is a municipal corporation located in Genesee County, Michigan.
52. Defendant Dayne walling was at all times relevant here in the Mayor of the City of Flint. Mayor Walling misrepresented the quality and suitability of the Flint River water to Flint’s residents and property owners. 53. Flint, through its Department of Public Works, distributes water to its nearly 100,000 residents. 54. Emergency Manager Darnell Earley, as the City’s final policy making authority, made the decision, in coordination with the Governor, MDEQ, MDHHS, and the City, to rush the distribution of water from the Flint River without proper treatment, including corrosion control, resulting in thousands of people being poisoned.
55. The actions of lower level Flint employees in delivering residents unsafe water were constrained by policies not of their own making. 56. Flint’s water treatment employees were inadequately trained, in light of the duties assigned to them the need for more training was obvious, and the inadequacy was so likely to result in the violation of constitutional rights that Flint’s policy makers can reasonably said to have been deliberately indifferent to the need for additional training.
57. The City of Flint is liable because through its policy makers it violated the constitutional

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rights of the Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger. 58. Defendant Howard Croft was at all relevant times Flint’s Department of Public Works Director acting within and outside the scope of his employment and/or authority under color of law. 59. Croft is sued in his individual and official capacities. 60. Croft knew that the City’s water treatment plant was unprepared to adequately provide safe drinking water to Flint’s residents. 61. Croft caused and allowed toxic unsafe and untreated water to be delivered to Flint’s residents and did not disclose that Flint’s water was unsafe. 62. Defendant Croft also made numerous false statements about the safety and quality of Flint’s water that he knew to be untrue. 63. Defendant Croft violated clearly established constitutional rights of Plaintiffs and the Putative class, including but not limited to the rights to bodily integrity and to be free from state created danger. 64. Defendant Croft’s actions constitute gross negligence that rises to the level of recklessness, as he had a substantial lack of concern and/or willful disregard for whether an injury resulted to Plaintiffs or the putative class. 65. Defendant Michael Glasgow was at all relevant times a water treatment plant operator for the City of Flint acting within and outside the scope of his employment and/or authority under color of law.

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66. Glasgow is sued in his individual and official capacities. 67. Glasgow knew that the City’s water treatment plant was unprepared to adequately provide safe drinking water to Flint’s residents. 68. Glasgow nonetheless allowed toxic, unsafe, and untreated water to be delivered to Flint’s residents and did not disclose that Flint’s water was unsafe. 69. Defendant Glasgow had an opportunity to be a hero and save thousands of people from lead contamination. Instead, he violated clearly established constitutional rights of the Plaintiffs and the Putative class, including but not limited to the rights to bodily integrity and to be free from state created danger. 70. Defendant Glasgow’s actions constitute gross negligence that rises to the level of recklessness. 71. Glasgow had a substantial lack of concern and/or willful disregard for whether an injury resulted to Plaintiffs or the putative class. 72. Defendant Daniel Wyant (“Wyant”) was at all relevant times the Director of MDEQ until the Governor accepted his resignation on or about December 29, 2015, acting within and outside the scope of his employment and/or authority under color of law. 73. Wyant participated in, directed, and oversaw Defendant Snyder scheme to deny repeated violations of Federal and State water quality laws, failure to properly study and treat Flint River water, and the MDEQ’s program of systemic denial, lies, and attempts to discredit honest outsiders. 74. Wyant directed MDEQ personnel to deny repeated violations of Federal and State water

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quality laws, failure to properly study and treat Flint River water, and the MDEQ’s program of systemic denial, lies, and attempts to discredit honest outsiders. 75. Wyant was an integral actor in the scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 76. Wyant disseminated false statements to the public that led to the continued exposure and re-exposure to lead and consumption of toxic and dangerous water despite knowing or having reason to know that the water was never safe. 77. Defendant MDEQ is the State Agency responsible for implementing safe drinking Federal and State water laws, rules, and regulations in Michigan, including the City of Flint Michigan. 78. MDEQ failed to require corrosion control for Flint River water in violation of the Federal Lead and Copper Rule. 79. MDEQ misled the EPA who on numerous occasions attempted to sample the water quality in Flint Michigan. 80. MDEQ conducted illegal and improper sampling of Flint’s water and lied to the public about the safety of Flint’s water. 81. MDEQ publicly discredited outside experts Miguel Del Toral of the EPA and Dr. Mark Edwards, who offered indisputable evidence to them of Flint’s water contamination. 82. MDEQ was consistently more concerned with satisfying their own distorted perceptions of technical rules than carrying out their duties to protect the residents of Flint from exposure

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and re-exposure to toxic lead and water, ignoring voluminous evidence and knowledge of the crisis it had created until its denial could no longer withstand outside scrutiny. 83. Defendant Liane Shekter Smith (“Shekter Smith”) was at all relevant times Chief of the Office of Drinking Water and Municipal Assistance for MDEQ, acting within and outside the scope of her employment and/or authority under color of law, until she was removed from her position on October 19, 2015.
84. Shekter Smith knowingly participated in, approved of, and played an integral part in the decision to transition to the Flint River. 85. Shekter Smith disseminated false statements to the public that led to the continued exposure and re-exposure and consumption of toxic and dangerous water. 86. Shekter Smith made false statements regarding Flint’s water quality despite knowing that the water was toxic and untreated. 87. Defendant Stephen Busch (“Busch”) was at all relevant times the District Supervisor assigned to the Lansing District Office of the MDEQ and was acting within and outside the scope of his employment and/or authority under color of law. 88. Busch participated in concert with the MDEQ Defendants’ that resulted in repeated violations of federal and state water quality laws, failure to properly study and treat Flint River water, and the MDEQ’s program of systemic denial, lies, and attempts to discredit honest outsiders. 89. Busch falsely reported to the EPA that Flint had enacted an optimized corrosion control plan and provided repeated assurances to Flint’s residents that the water was safe.

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90. Busch knew or should have known that these assurances were false, or were no more likely to be true than false.
91. Busch was an integral part of the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.
92. Busch violated clearly established constitutional rights of Plaintiffs and the Putative class, including but not limited to the rights to bodily integrity and to be free from state created danger. 93. Defendant Patrick Cook (“Cook”) was at all relevant times Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ and was acting within and outside the scope of his employment and/or authority under color of law. 94. Cook is individually liable because he, as the Lansing Community Drinking Unit Manager, acted in a grossly negligent manner that rises to the level of recklessness.
95. Cook participated in, approved, and/or assented to the decision to allow Flint River water to be delivered to residents without corrosion control or proper study and/or testing.
96. Cook was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 97. Cook violated clearly established constitutional rights of the City of Flint’s residents, including but not limited to the rights to bodily integrity and to be free from state created danger.

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98. Defendant Michael Prysby (“Prysby”) was at all relevant times the MDEQ Engineer assigned to District 11 (Genesee County) and was acting within and outside the scope of his employment and/or authority.
99. Prysby is individually liable because he, as the Engineer assigned to District 11, participated in, approved, and/or assented to the decision to switch the water source, failed to properly monitor and/or test the Flint River water, and provided assurances to Flint’s residents that the Flint River water was safe despite having knowledge and evidence to the contrary.
100. Prysby knew or should have known those statements to be untrue, or no more likely to be true than false.
101. Prysby was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.
102. Prysby violated clearly established constitutional rights of The City of Flint’s residents, including but not limited to the rights to bodily integrity and to be free from state created danger.
103. Prysby’s actions constitute gross negligence that rises to the level of recklessness, as he had a substantial lack of concern and/or willful disregard as to whether plaintiffs’ would be injured or their property damaged.
104. Defendant Bradley Wurfel (“Wurfel”) was at all relevant times the Director of Communications for MDEQ and was acting within and outside the scope of his employment and/or authority under color of law.

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105. Wurfel resigned from his position on December 29, 2015. 106. Wurfel, serving as the MDEQ Director of Communication, was the MDEQ’s principal means of public deception, repeatedly denying the increasingly obvious disaster as it unfolded and attempting to discredit the only reliable people reporting that the Flint River water was untreated, contaminated and toxic. 107. Wurfel would eventually be relieved of his duties for his “persistent [negative] tone and derision” and his “aggressive dismissal, belittlement and attempts to discredit the credible individuals involved in [conducting independent studies and tests].” 108. Defendant Wurfel repeatedly made public statements that created, increased, and prolonged the risks and harms facing Plaintiffs and the putative class, despite knowledge and evindence he possessed to the contrary. 109. Defendant Wurfel was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.
110. Defendant Wurfel violated clearly established constitutional rights of Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger.
111. Wurfel made such statements knowing that they were false or that they were no more likely to be true than false. 112. Defendant Wurfel’s actions constitute gross negligence that rises to the level of recklessness, as he had a substantial lack of concern and/or willful disregard as to whether

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Plaintiffs would be injured or their property damaged. 113. Defendant MDHHS is the state agency responsible for public health. 114. Instead of protecting public health, MDHHS deliberately hid information that would have revealed the public health crisis in Flint, which MDHHS had earlier failed to disclose despite knowledge and information to the contrary.
115. The individual defendant employees of MDHHS, were integral actors in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.
116. The individual Defendant employees of MDHHS’s failure to properly disclose and conceal data that proved there was an increase in lead contamination and exposure and reexposure in Flint’s children and adults, all while they resisted and obstructed the efforts of outside researchers and the Genesee County Health Department.
117. Individual Defendant Eden Wells (“Wells”), was at all relevant times Chief Medical Executive within the Population Health and Community Services Department of the MDHHS and was acting within and outside the scope of her employment and/or authority under color of law.
118. Defendant Wells participated in, directed, and/or oversaw the MDHHS’ efforts to hide information to save face, and to obstruct the efforts of outside credible researchers.
119. Further, Wells knew as early as 2014 of problems with lead and legionella contamination in Flint’s water and instead of fulfilling her duty to protect and notify the public, she participated in hiding this information.

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120. Wells violated state law by working only part time in her position as Chief Medical Executive. 121. Defendant Wells was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 122. Defendant Wells violated clearly established constitutional rights of Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger. 123. Defendant Wells actions constitute gross negligence that rises to the level of recklessness, as she had a substantial lack of concern and/or willful disregard as to whether Plaintiffs would be injured or their property damaged. 124. Individual Defendant Nick Lyon was at all relevant times Director of MDHHS and was acting within and outside the scope of his employment and/or authority under color of law. 125. Lyon participated in, directed, and/or oversaw the department’s efforts to hide and conceal information to save face, and to obstruct and discredit the efforts of outside researchers. 126. Lyon knew as early as 2014 of problems with lead and legionella contamination in Flint’s water and instead of fulfilling his duty to protect and notify the public, he participated in hiding this information. 127. Defendant Lyon violated state law by hiring and supervising a part time employee as Chief Medical Executive. 128. Defendant Lyon was an integral actor in the scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as

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it affected its citizenry despite possessing knowledge and inforamtion to the contrary. 129. Defendant Lyon violated clearly established constitutional rights of Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger. 130. Defendant Lyon’s actions constitute gross negligence that rises to the level of recklessness, as he had a substantial lack of concern and/or willful disregard as to whether Plaintiffs or the putative class would be injured or their property damaged. 131. Defendant Linda Dykema, was director of the MDHHS Division of Environmental Health, acting within and outside her scope of employment and color of authority. 132. Dykema continuously refused to turn over the blood lead levels regarding seasonal blood lead levels as compared to Flint and other cities in Michigan. 133. Dykema continuously refused to respond to FOIA requests and ignored the studies of Dr. Hanna-Attisha’s and Miguel Del Toral. 134. Dykema was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 135. Dykema violated clearly established constitutional rights of Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger. 136. Dykema actions constituted gross negligence that rises to the level of recklessness, as she had a substantial lack of concern and/or willful disregard as to whether Plaintiffs would be injured or their property damaged.

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137. Defendant Nancy Peeler (“Peeler”) was at all relevant times a MDHHS employee in charge of its childhood lead poisoning prevention program, acting within and outside the scope of her employment and/or authority under color of law. 138. Peeler oversaw the MDHHS’s efforts to hide information to save face, and actively sought to obstruct and discredit the efforts of outside researchers. 139. Even when Peeler’s own department had data that verified outside evidence of a lead contamination and increase of blood lead levels in Flint, she continued to generate evidence to the contrary. 140. Defendant Peeler was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 141. Defendant Peeler violated clearly established constitutional rights of Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger. 142. Defendant Peeler’s actions constituted gross negligence that rises to the level of recklessness, as she had a substantial lack of concern and/or willful disregard as to whether Plaintiffs would be injured or their property damaged. 143. Defendant Robert Scott (“Scott”) was at all relevant times Data Manager for MDHHS’s Healthy Homes and Lead Prevention Program, acting within and outside the scope of his employment and/or authority under color of law. 144. Scott participated in, directed, and/or oversaw the department’s efforts to hide

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information to save face, and actively sought to obstruct and discredit the efforts of outside researchers. 145. Even when Scott’s own department had data that verified outside evidence of a lead contamination problem and increase in blood lead levels in Flint, he continued to generate evidence to the contrary.
146. Scott also served a key role in withholding and/or delaying disclosure of data that outside researchers discovered that the Flint water was unsafe toxic and poisoning the people of Flint. 147. Scott was an integral actor of the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 148. Defendant Scott violated clearly established constitutional rights of Plaintiffs, including but not limited to the rights to bodily integrity and to be free from state created danger. 149. Defendant Scott’s actions constitute gross negligence that rises to the level of recklessness, as he had a substantial lack of concern and/or willful disregard as to whether Plaintiffs would be injured or their property damaged.
150. Susan Hedman, former EPA Region 5 Administrator, cannot yet be named as a Defendant pursuant to the Federal Tort Claims Act (“FTCA”). Plaintiffs note that if their FTCA claims to the EPA are rejected, they may seek to amend their complaint in order to add claims against Ms. Hedman.
151. Defendant Veolia is a Delaware corporation with its principal place of business in

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Illinois.
152. Defendant Veolia is a private Defendant in this action based on its examinations finding and reports as relates to the condition of the Flint River and the Flint water treatment plant by giving its professional engineering opinion as to the safe condition and requirements and feasibility to safely hookup the Flint water treatment plant to the Flint River and declaring the water safe to drink and the connection having been done properly and safely.
153. Defendant Veolia, was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.
154. Veolia maintains an office in Westland, Wayne County, Michigan, transacts business in the State of Michigan, including the business it performed for the City of Flint in 2015, and has committed a tort in the State of Michigan, among bases for personal jurisdiction under MCL 600.705. Each of these bases extends to this District specifically.
155. Defendant Rowe f/k/a Rowe Engineering, Inc. (“Rowe”) is a Michigan Corporation with its principal place of business located at 540 S. Saginaw Street, Suite 200, Flint, Genesee County, Michigan 48502.
156. Rowe is a private individual Defendant in this action based on its examinations finding and reports as relates to the condition of the Flint River and the Flint water treatment plant by giving its professional engineering opinion as to the safe condition and requirements and feasibility to safely hookup the Flint water treatment plant to the Flint River and declaring the water safe to drink and the connection having been done properly and safely.

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157. Rowe was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry. 158. Rowe maintains an office in Flint, Genesee County, Michigan; regularly conducts business in Flint, Michigan; and has committed torts in Flint, Michigan, which are among the basis for personal jurisdiction under MCL 600.705. 159. Defendant LAN is a Texas corporation with its principal place of business in Texas. 160. LAN is a defendant in this action based on its role of providing negligent professional engineering services in preparing Flint’s water treatment facility to treat water from the Flint River. 161. LAN maintains an office in Flint, Genesee County, Michigan, regularly conducts business in the Eastern District of Michigan, and has committed a tort in the State of Michigan, among bases for personal jurisdiction under MCL 600.705, and each of these bases extends to this District specifically. 162. LAN, through its agents, servants and employees, was an integral actor in the government scheme that defrauded, misrepresented and falsified information and warning signs relating to the property and financial affairs of Flint as it affected its citizenry.
JURISDICTION AND VENUE 163. This Court has jurisdiction over Plaintiffs’ 42 U.S.C. § 1983 claims pursuant to 28 U.S.C. § 1331, as those claims arise under the Constitution and laws of the United States. 164. This Court has jurisdiction over Plaintiffs’ remaining claims pursuant to 28 U.S.C. §

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1367 because they are so related to claims in this action within the Court’s original jurisdiction that they form part of the same case or controversy under Article III of the United States Constitution.
165. This Case does not present novel or complex issues of State law that predominate over claims for which this Court has original jurisdiction.
166. There are no compelling reasons for declining supplemental jurisdiction over those of Plaintiffs’ claims that do not arise under 42 U.S.C. § 1983.
167. All Defendants reside in this district within the meaning of 28 U.S.C. § 1391(c). 168. This Court has personal jurisdiction over all individual Defendants because a Michigan Court would have personal jurisdiction under MCL 600.701 and MCL 600.705.
169. Venue in this District is appropriate pursuant to 28 U.S.C. § 1391(b) (1) and (2).
STATEMENT OF FACTS (Applicable to All Counts) 170. This case arises from the catastrophic result of a government enterprise acting in concert causing personal injury to infant children and adults, and immeasurable property damage to the citizens of Flint, each of which were preventable had any of the individual defendants named herein given the public’s health and property more importance than the business of balancing the municipal budget.
171. The full extent of the damage in Flint cannot be measured in money, as no amount of money can restore the City of Flint or reverse the tragic consequences of the shameful disregard of the health and well-being of the citizens of Flint.

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172. The concerted actions the defendants herein has undermined all levels of trust in the Michigan government at the Federal, State and local levels.
173. The actions of the State, Governor Snyder, and the Emergency Managers in taking over the City of Flint, failing to enforce safe drinking water standards, and deliberately hiding the effects of its egregious mistakes, caused Michigan’s seventh largest city to suffer a catastrophe one might expect to see in a third world country..
174. Three private companies contributed to this disaster when they negligently undertook to provide various engineering and or consulting services for Flint’s water system, which resulted in thousands of toxic exposures and re- exposures to lead and substantial property damage in the City of Flint.
175. A number of heroic outsiders collectively forced the Defendants to acknowledge their mistakes. Without them, the unmitigated poisoning of Flint’s residents would have continued indefinitely.
176. The intentional scheme to balance the budget of Flint at any cost including the indifference to the safety and health and property of the good citizens of Flint began when Governor Snyder replaced and subsumed the elected Flint leadership with Emergency Managers.
The State of Michigan Completely Overtook and Replaced Flint’s Representative City Government
177. Since 1988, the State of Michigan has had some form of emergency management law for municipal financial crises.
178. Under Governor Snyder’s business-like approach to government, Michigan’s

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emergency management regime has been aggressively strengthened and deployed. 179. In 2011, Governor Snyder signed Public Act 4 of 2011 (“PA 4”) into law, strengthening the power provided to Emergency Financial Managers and changing their title to “Emergency Managers.” 180. PA 4 allowed the State of Michigan to appoint an Emergency Manager to functionally replace the entirety of a municipal government where the state found a “Financial Emergency.” 181. PA 4 was temporarily suspended after more than 200,000 signatures were collected in an effort to conduct a statewide referendum. 182. PA 4 was taken off of the books after the statewide referendum decided in favor of repealing it. 183. PA 4 was quickly replaced when Governor Snyder signed Public Act 436 of 2012 (“PA 436”) into law. PA 436 provides local governments with a “choice” as to whether an Emergency Manager will be appointed. The local government may “choose” between a consent agreement, chapter 9 bankruptcy, mediation, or an Emergency Manager with similar broad powers Emergency Managers were given under PA 4, which was repealed. 184. PA 436 amounts to a false choice which often forces Emergency Managers on the local government of Flint under the illusion of Flint’s ability to determine their own governance. 185. In a tragic irony, the stated purpose of PA 436 is to “preserve the capacity of local units of government… to provide or cause to be provided necessary services essential to public health, safety, property and welfare[.]” 186. PA 436 specifies that “[u]pon appointment, an emergency manager shall act for and in

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the place and stead of the governing body and the office of chief administrative officer of the local government.” MCL 141.1549(2). 187. The Emergency Manager’s mandate is to “assure . . . the local government’s capacity to provide or cause to be provided necessary governmental services essential to the public health, safety, and welfare.” MCL 141.1549(2). 188. A PA 436 Emergency Manager “serve[s] at the pleasure of the governor.” MCL 141.1549(3) (d). 189. At all times between December, 2011 and April 30, 2015, the City of Flint was under the control and authority of an Emergency Manager appointed by, and serving at the pleasure of, Governor Snyder. 190. The purpose of PA 436 was to give the Governor’s office complete control of all financial decision making in Flint by and through the appointed Emergency Manager in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint. 191. Michael Brown served Governor Snyder as Flint’s Emergency Manager from December of 2011, until August of 2012. 192. Defendant Ed Kurtz served Governor Snyder as Flint’s Emergency Manager from August of 2012, until July of 2013. 193. Michael Brown again served Governor Snyder as Flint’s Emergency Manager from July of 2013, until October of 2013. 194. Defendant Earley served Governor Snyder as Flint’s Emergency Manager from October

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of 2013, until January of 2015. 195. Defendant Ambrose served Governor Snyder as Flint’s Emergency Manager from January of 2015, until April 30, 2015.
196. Therefore, at all relevant times prior to April 30, 2015, Flint’s local government was subsumed and under the complete control of the State of Michigan.
197. At all relevant times, all financial decision making and fiscal policy for the City of Flint was made by Flint’s Emergency Manager, who acted on behalf of Governor Snyder.
198. Any powers of government held by the City of Flint were entirely illusory. 199. The policy of the Governor and the State in implementing emergency managers ensured that the public welfare, public services, public property, public health and other important government functions would take a back seat to financial decisions made by unelected officials.
200. Through his appointment of an Emergency Manager, Governor Snyder helped turn a routine fiscal issue in Flint into an actual humanitarian crisis through the coordinated effort of all of the Defendants named herein. 201. At the mid-point of the Fiscal Year 2012 (“FY12”) the Flint budget, was significantly out of balance 202. Due to the suspension and subsequent repeal of Public Act 4, Emergency Manager Law, the
Governor of the State of Michigan subsequently appointed an Emergency Financial Manager for the City of Flint, effective August 9, 2012.
203. During the fiscal years of 2014 and 2015, Flint’s budget was under the control of the Emergency Manager acting on behalf of the Governor. .

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204. By June 30, 2015, the original deficit that existed as of FY 2013 of $12.9 million was eliminated and a positive fund balance in the amount of $3.3 million existed. 205. The positive budget surplus achieved by the City of Flint was accomplished on the backs of Flint’s residents, who were charged and paid the highest water rates in the nation from the free water source that was obtained from the Flint River and known by the defendants to be toxic. 206. Flint’s deficit budget was mostly resolved by switching from the Detroit Water and Sewer Department to the free Flint River source in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint.
MDEQ, along with All Other Individual Defendants Ignored and Concealed Warning Signs, Spread False Information and Chose not to Enforce Both State
and Federal Rules Regarding Safe Drinking Water. 207. It has been a known and undisputed fact for many years prior to this tragedy that the Flint River was an unsuitable primary water source for the City of Flint. 208. In 2010, the EPA commissioned a report that indicated problems with the MDEQ’s ability to ensure safe drinking water.
209. The report indicated a number of technical shortcomings with the way the MDEQ regulated the state’s drinking water, particularly as it related to lead contamination. 210. Specifically, the report noted that while federal regulations require water utilities to certify that the drinking water of 90% of homes in a given community contain no more than 15 parts per billion (“ppb”) of lead, MDEQ had a practice of not even calculating “90th percentiles” unless a potential exceedance had been identified. This “does not meet the requirements of Federal Regulations, since it is required that all 90th percentiles be calculated.” 211. The report also noted that MDEQ did not conduct the required number of water samples

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for lead, apparently in an effort to conserve agency resources and promote the Governor’s overall goal to balance the budget at any cost. 212. Organizational and individual concerted actions and failures of the MDEQ, such as those illustrated in the report, directly resulted in the Flint catastrophe. 213. Those failures were compounded when the State and Governor Snyder switched the free toxic Flint River to balance the Flint budget and failed to implement any safeguards prior to distributing this water to Flint’s residents. 214. The EPA is responsible for setting rules under the Safe Drinking Water Act. 215. Enforcement and implementation of those rules is delegated to state environmental agencies. In the case of Michigan, that agency is the MDEQ. 216. The EPA’s Lead and Copper Rule (“LCR”) has been enacted to establish protocols to ensure that public water systems do not allow unsafe levels of lead or copper to contaminate their water supply. 217. While failing to protect the residents of Flint, the MDEQ knowingly violated both the letter and spirit of the LCR.
218. Specifically, the MDEQ violated the LCR in at least the following ways: a. by failing to require corrosion control for Flint River water from the time Flint began drawing it; b. by misinforming the EPA about whether corrosion control was being utilized; and c. by improperly conducting sampling.
219. The MDEQ, through its former director, has explicitly admitted that it did not follow the LCR. 220. Instead, MDEQ through their employees named as defendants herein, engaged in a

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organized pattern of defiance of federal and state law that existed to ensure established water quality standards were satisfied.
The Decision to Switch to the Known to be Toxic Flint River 221. For approximately 50 years prior to April 25, 2014, the City of Flint received safe, clean, treated drinking water from the Detroit Water and Sewer Department (“DWSD”). 222. If the Flint River was a safe and viable primary water source, Flint would have never paid for water from DWSD. 223. In November of 2012, Emergency Manager Ed Kurtz wrote to Snyder appointed State Treasurer Andy Dillon suggesting that Flint join the yet-to-be-formed Karegnondi Water Authority (KWA) due to cost savings over DWSD. 224. This decision to disconnect from long time supplier DWSD emphasized the Emergency Manager’s intent to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint. 225. In April, 2013, Treasurer Dillon under Governor Snyder’s watchful eye gave Kurtz permission to notify the DWSD that it would be terminating service and switching to the KWA in the coming years. 226. At the time this decision was made, it was known by Emergency Manager Kurtz that the KWA water supply would not be available until 2016 and therefore a significant gap existed between the termination of DWSD and the connection to KWA. 227. On April 16, 2013, Emergency Manager effectively authorized the switch from Flint’s long term water supplier from the DWSD to the KWA. 228. While waiting for the KWA to come online, the Emergency Manager ordered that instead of temporarily remaining with DWSD, Flint would switch to the Flint River as a temporary free

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source for the City’s water to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint. 229. The Flint River was studied for use as a primary water source in a 2011 Rowe feasibility report at the request of the government defendants named herein. 230. At that time, the River was rejected because the costs to prepare Flint’s water treatment plant to treat Flint River water to applicable standards were estimated to be in the tens of millions of dollars. 231. Moreover, the Flint River was unsuitable for use without significant improvements that were cited as necessary prior to use of the Flint River in Rowe’s feasibility study. 232. It was known by the defendants that to safely use the Flint River as a primary water source, the only options were costly upgrades to Flint’s water treatment plant or remain with DWSD. 233. On November 7, 2013, Defendant Rowe was re-hired by Flint’s Emergency Manager for professional services for the 2014 fiscal year, where Defendant Rowe would serve as Acting City Engineer. 234. On March 7, 2014, Defendant Earley, sent a letter to the DWSD stating “[w]e expect that the Flint Water Treatment Plant will be fully operational and capable of treating Flint River water prior to the date of termination. In that case, there will be no need for Flint to continue purchasing water to serve its residents and businesses after April 17, 2014.” 235. The only thing that Defendant Earley knew and cared about was Flint’s connection to the Flint River would occur as planned in furtherance of the Governor’s revenue raising scheme to rebalance the budget. 236. It was known that the water treatment plant was not ready, but Earley forced the

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transition through in order to meet the aggressive deadline. 237. Defendant Michael Glasgow, the City of Flint’s water treatment plant’s laboratory and water quality supervisor informed the MDEQ on April 16, 2014, that he was “expecting changes to our Water Quality Monitoring parameters, and possibly our Disinfection Byproduct monitoring on lead & copper monitoring plan… Any information would be appreciated, because it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible… I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.”
238. The next day, Glasgow wrote to MDEQ, including Defendants Prysby and Busch, noting that he “assumed there would be dramatic changes to our monitoring. I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.” 239. The rushed nature of the transition to Flint River water is also evident by a request made by Individual Defendant Earley’s assistant to the treasurer for a contract to be expedited in order to meet the “aggressive timeline” of the switch. 240. On March 26, 2014, Defendant Busch e-mailed Defendant Shekter Smith and another colleague the following: “One of the things we didn’t get to today that I would like to make sure everyone is on the same page on is what Flint will be required to do in order to start using their plant full time. Because the plant is setup for emergency use, they could startup at any

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time, but starting up for continuous operation will carry significant changes in regulatory requirements so there is a very gray area as to what we consider for startup.” 241. An April 23, 2014 e-mail from Defendant Busch to Defendant Wurfel developed talking points for an upcoming Flint meeting that was scheduled to address the Flint River connection. Among the points made, Busch offered: “While the Department is satisfied with the City’s ability to treat water from the Flint River, the Department looks forward to the long term solution of continued operation of the City of Flint Water Treatment Plant using water from the KWA as a more consistent and higher quality source water.” 242. These “talking points” are consistent with the coordinated government scheme set forth herein that intended to raise government revenue by way of deceiving the people of Flint and convincing them that their health and property were safe and that the water was being treated and monitored pursuant to State and Federal laws and regulations. 243. On April 25, 2014, Flint officially began using the Flint River as its primary water source, despite the fact that it was known the proper preparations had not been made. 244. The same day, then-current Flint Mayor Dayne Walling publically declared “It’s regular, good, pure drinking water, and it’s right in our backyard.” 245. Flint DPW Director Defendant Howard Croft also stated in a press release that “The test results have shown that our water is not only safe, but of the high quality that Flint customers have come to expect. We are proud of that end result.” 246. Croft’s statement was made despite Glasgow’s known concerns regarding the facility’s inadequate preparation and monitoring. 247. This transition put Flint in the business of water treatment, distribution, and revenue collection from a free water source.

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248. Defendant LAN, an engineering firm, was hired to prepare Flint’s water treatment plant for the treatment of new water sources, including both the KWA and the Flint River.
249. Flint’s water treatment plant had not needed to treat the water received from DWSD, as DWSD provided the water in an already treated state. 250. Defendant LAN was responsible for providing engineering services to make Flint’s inactive water treatment plant sufficient to treat water from each of its new sources. 251. Individual Defendants LAN and Rowe failed miserably in their task. 252. Their actions facilitated the transfer of Flint’s water source to Flint River water without the proper treatment they knew was required to safely distribute the water to Flint’s residents. 253. Treating the water as necessary to protect against the poisoning of thousands of Flint residents would have cost a relatively small amount of money. 254. An important consideration any time a water system changes sources is to account for differences in those sources. 255. According to the EPA, “it is critical that public water systems, in conjunction with their primacy agencies and, if necessary, outside technical consultants, evaluate and address potential impacts resulting from treatment and/or source water changes.” 256. In Rowe’s 2011 feasibility report, Rowe emphasized the need for treatment to the Flint River water and for improvements to Flint’s water treatment plant in the event that the river was to be used as a source. 257. Neither the State of Michigan (on its own or through its absolute control over the City of Flint), the MDEQ, Rowe, nor LAN required water quality standards to be set for the Flint River water that would be delivered to Flint’s residents. 258. Furthermore, these defendants knowingly allowed distribution of toxic Flint River water

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without the needed corrosion control that was required to safely distribute Flint River water to the City’s residents. 259. MDEQ, LAN and Rowe were responsible for ensuring that Flint set water quality standards and properly treated its water.
260. The water obtained from the Flint River was substantially more corrosive than the treated water Flint had been receiving from DWSD. 261. Water becomes more corrosive when it contains greater quantities of chloride, which can enter the water from manmade and natural sources. 262. Flint River water is known to contain about 8 times more chloride than Detroit water. 263. It is well known that corrosive water that is not properly treated results in the corrosion of pipes, such that the metals in the pipes will leach into drinking water. 264. Phosphates are often added to corrosive water as a method of corrosion control, to prevent metals from leaching into the water. 265. At the time of the switch to Flint River water, no phosphates were being added to the water supply. 266. Nothing was being done to account for the corrosive nature of the Flint River water, despite the clear duties of the Defendants MDEQ, MDHHS, Snyder, Emergency Managers, and LAN and Rowe as the consultants. 267. As a result of the failure to properly treat water from the Flint River, corrosive water was delivered throughout the Flint Water System. 268. As all Defendants were aware, the corrosive water predictably corroded metal pipes, causing them to leach toxins into water. 269. The corrosive nature of the water was almost immediately apparent.

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270. Soon after the switch, residents began complaining about discolored water—clearly indicating that iron and other metals were leaching into the water. 271. It is important that a new source of water be properly studied and treated to ensure that its use will not result in the corrosion of pipes in the delivery system. 272. This is particularly important where portions of the delivery system, included but not limited to service lines, are made of lead.
273. An estimated 15,000 of Flint’s 30,000 residential service lines are composed at least partially of lead.
274. The exact number is presently unknown given Flint’s negligent, sloppy record keeping. 275. Setting standards and optimal ranges for water quality is necessary to prevent widespread impacts from substandard or dangerous water. 276. Lead is a powerful neurotoxin that can have devastating, irreversible impacts on the development of children, and also causes injury to adults. 277. There is no safe level of lead as its effects are harmful even at low levels. 278. Lead exposure in children causes heightened levels of lead in the blood and body, resulting in problems including decreased IQ, behavioral problems, hearing impairment, impaired balance and nerve function, infections, skin problems, digestive problems, and psychological disorders. 279. Lead also causes serious health effects in adults, including digestive, cardiovascular, and reproductive problems, kidney damage, dizziness, fatigue, weakness, depression and mood disorders, diminished cognitive performance, nervousness, irritability, and lethargy. 280. Lead contamination is not the only problem that is caused when corrosive water is distributed in a public water system.

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281. When water corrodes iron pipes, the iron leaching into the water system can consume chlorine. This can eliminate the chlorine necessary to prevent the growth of microorganisms that can cause disease. 282. With chlorine consumed by iron, the risk of infection by organisms such as legionella increases. 283. Corrosion of iron water pipes is obvious when it occurs, as the water appears discolored. 284. The corrosion of iron pipes can also result in an increase in water main leaks and breaks. 285. The signs of iron corrosion are a warning sign that lead corrosion may also be present, since both are caused by the same phenomenon. 286. Almost immediately after the water source was changed to the Flint River, signs of trouble with Flint’s water quality began to surface. 287. Within weeks, many residents began to complain about odorous, discolored water. 288. As complaints rolled in, Mayor Walling called the water a “safe, quality product,” and claimed that “people are wasting their precious money buying bottled water.” 289. In August and September, 2014, the City of Flint issued two boil water advisories after fecal coliform bacteria was discovered in the water. 290. On October 13, 2014, General Motors ceased the use of Flint River water at its engine plant because of fears that it would cause corrosion due to high levels of chloride. 291. Discussing General Motors’ decision, Defendant Prysby wrote to Defendants Busch, Shekter Smith and others that the Flint River water had elevated chloride levels. He stated that “although not optimal” the water was “satisfactory.” 292. Prysby noted that he had “stressed the importance of not branding Flint’s water as ‘corrosive’ from a public health standpoint simply because it does not meet a manufacturing

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facility’s limit for production.” 293. In October of 2014, Defendant Muchmore briefed Defendant Snyder and blamed iron pipes, susceptible to corrosion and bacteria, for the two boil water advisories. 294. On November 26, 2014, Defendant LAN issued a 20-page Operation Evaluation Report intended to address compliance with EPA and MDEQ operations and regulations. 295. The LAN report entirely failed to address the hazard of lead associated with the corrosive water flowing through the pipes, at least half of which were made with lead in Flint. 296. On January 2, 2015, the City of Flint mailed a notice to its water customers indicating that it was in violation of the Safe Drinking Water Act due to the presence of trihalomethanes, which was a product of attempting to disinfect the water. It was claimed that the water was safe to drink for most people with healthy immune systems.
297. The fact that the Flint River water contained such high levels of bacteria may be a factor in the horrific decision not to implement corrosion control. 298. On January 9, 2015, the University of Michigan – Flint discovered lead in campus drinking fountains. 299. With the water quality’s problems now obvious, on January 12, 2015, DWSD offered to waive a 4 million dollar reconnection fee to transition back to DWSD water. 300. Defendant Ambrose, as Emergency Manager, declined the offer. 301. On January 21, 2015, enraged Flint residents attended a meeting at Flint City hall, bringing jugs of discolored water and complaining about the water’s smell and taste. 302. As early as January of 2015, the State of Michigan provided purified water coolers at Flint offices in response to concerns about the drinking water, while state employees continued to tell the public that the water was safe to drink for many months.

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303. In a January 29, 2015, in an e-mail to MDEQ deputy director Jim Sygo, Defendant Shekter Smith made statements indicating her knowledge of the Flint River’s corrosivity. “I’m theorizing here, but most likely what they are seeing is a result of differing water chemistry. A change in water chemistry can sometimes cause more corrosive water to slough material off of pipes as opposed to depositing material or coating pipes in the distribution system. This may continue for a while until things stabilize. It would be unusual for water leaving the plant to have color like people are seeing at their taps. Generally this is a distribution system problem or a premise plumbing issues. Since it appears wide-spread, it’s most likely a distribution system problem.”
304. On February 6, 2015, an Emergency Manager staff member wrote to Defendant Prysby, described as the MDEQ’s “most knowledgeable staff member on the Flint and Genesee County water supply issues,” asking whether he knew if MDEQ had ever conducted a “source water assessment” for the Flint River.
305. After an initial response stating that he did not know, Defendant Prysby later responded that a study on the Flint River as an emergency intake had been conducted in 2004. 306. The 2004 study noted that the Flint River was a highly sensitive drinking water source that was susceptible to contamination, yet apparently even Defendant Prysby did not consult it before approving the river as a source. 307. On March 3, 2015, Emergency Manager and Defendant Ambrose sent a memorandum to the Michigan Department of Treasury claiming that reconnecting to DWSD would cost at least ten (10) million dollars per year, with bills as high as one (1) million dollars per month. 308. Defendant Ambrose stated that “[i]f $12 million annually were available for discretionary use, it would be far better spent reducing rates (which were the highest in the

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nation) paid by Flint customers and/or modernizing the City’s system.” 309. According to Defendant and Emergency Manager Ambrose “[t]he oft-repeated suggestion that the City should return to DWSD, even for a short period of time, would, in my judgment, have extremely negative financial consequences to the water system.” 310. On March 10, 2015, a Genesee County Health Department employee named James Henry wrote the following scathing message to Croft, Prysby, and others: “The Genesee County Health Department has made several written and verbal requests for specific information since October 2014, including a Freedom of Information Act request on January 27, 2015. The information still has not been received and the city’s lack of cooperation continues to prevent my office from performing our responsibilities. The Genesee County Health Department has the responsibility to conduct illness investigation and consider all potential sources, this is not optional. In 2014, Genesee County experienced a significant increase of confirmed Legionella illnesses relative to previous years. Legionella can be a deadly, waterborne disease that typically affects the respiratory system. The increase in illnesses closely corresponds with the timeframe of the switch to Flint River water. The majority of the cases reside or have an association with the city. Also, McLaren Hospital identified and mitigated Legionella in their water. This is rather glaring information and it needs to be looked into now, prior to the warmer summer months when Legionella is at its peak and we are potentially faced with a crisis. This situation has been explicitly explained to MDEQ and many of the city’s officials. I want to make sure, in writing that there are no misunderstandings regarding this significant and urgent public health issues. The Trihalomethane issues ‘pale in comparison’ to the potential public health risks of Legionella…. In the past, I have requested to meet with the water plant staff and MDEQ regarding Legionella concerns. I did not receive a

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response from the water plant staff and MDEQ declined. I think it is in the best interest for all stakeholders that we meet and discuss the issues.” 311. On February 27, 2015, in response to concerns about extremely high levels of lead in a resident’s water sample, Defendant Busch told the EPA on behalf of MDEQ that the Flint Water Treatment Plant had an optimized corrosion control program. 312. Defendant Busch made the above statement to the EPA with actual knowledge that no corrosion controls had been implemented. 313. Defendant employees of MDEQ were required to know whether Flint had an optimized corrosion control program, because ensuring the existence of that program was the express responsibility of MDEQ. 314. Defendant employees of MDEQ did in fact know that no optimized corrosion control had been implemented, since MDEQ was involved in the decision not to implement corrosion control. 315. Also on February 27, 2015, the EPA’s regional drinking water regulations manager Miguel Del Toral began to voice his concerns about the likely cause of the high lead levels detected in Flint in an email to Defendant Prysby. 316. Del Toral attributed those levels to particulate lead, which would mean that the MDEQ’s testing methods of “pre-flushing” water from homes would bias samples low. He also inquired about optimized corrosion control, which he noted was required in this instance. 317. At another point in February, 2015, Governor Snyder received a briefing on Flint’s water problems from Defendant MDEQ director Dan Wyant, which included resident complaints about discolored, low quality tap water and a letter from a state representative indicating that his constituents were “on the verge of civil unrest.”

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318. Defendant Snyder did not take any action in response to the residents’ pleas to address the toxic water conditions in Flint. 319. Around the same time, MDEQ e-mails explained away “hiccups” in the transition to Flint’s water system, discounting the possibility of imminent threats to public health, and noting that the switch to the Flint River “put the city in the business of water production, where they had historically been in the business of water transmission.” It was claimed that “once the city connects to the new KWA system in 2016, this issue will fade into the rearview.”
320. The e-mail also noted that “MDEQ approved the use of river as a source[.]” Had the MDEQ properly studied the river and set water quality standards, it would have known what a disastrous idea this was. 321. In early 2015, Defendant Veolia was hired to conduct a review of the city’s water quality, largely in response to citizen complaints. 322. Veolia was grossly negligent and recklessly declared the water safe while the water poisoned tens of thousands. 323. Defendant Veolia’s task was to review Flint’s public water system, including treatment processes, maintenance procedures, and actions taken. 324. As water treatment professionals, Veolia had an opportunity to catch what Defendant LAN and Rowe had missed or refused to warn about—that corrosive water was being pumped through lead pipes into the homes of Flint residents without any corrosion control. 325. Defendant Veolia issued an interim report on its findings, which it presented to a committee of Flint’s City Council on February 18, 2015. 326. In its interim report, Veolia indicated that Flint’s water was “in compliance with drinking water standards.” It also noted that “[s]afe [equals] compliance with state and federal

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standards and required testing.” 327. In other words, Defendant Veolia publically declared Flint’s poisonous water safe.
328. Defendant Veolia’s interim report also noted that the discoloration in Flint’s water “raises questions,” but “[d]oesn’t mean the water is unsafe.” 329. The interim report noted that among Veolia’s “next steps” were to “carry out more detailed study of initial findings” and “[m]ake recommendations for improving water quality.” 330. In response to potential questions about “[m]edical problems,” Veolia’s interim report dismissively claimed that “[s]ome people may be sensitive to any water. “
331. Defendant Veolia issued its final “Water Quality Report” dated March 12, 2015.
332. In the final report, Defendant Veolia noted that it had conducted a “160-hour assessment of the water treatment plant, distribution system, customer services and communication programs, and capital plans and annual budget.” 333. The final report claims that “a review of water quality records for the time period under our study indicates compliance with State and Federal water quality regulations.” 334. The final report states that “the public has also expressed its frustration of discolored and hard water. Those aesthetic issues have understandably increased the level of concern about the safety of the water. The review of the water quality records during the time of Veolia’s study shows the water to be in compliance with State and Federal regulations, and based on those standards, the water is considered to meet drinking water requirements.” 335. Specifically addressing the lack of corrosion control, the final report notes that “[m]any people are frustrated and naturally concerned by the discoloration of the water with what primarily appears to be iron from the old unlined cast iron pipes. The water system could add a

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polyphosphate to the water as a way to minimize the amount of discolored water. Polyphosphate addition will not make discolored water issues go away. The system has been experiencing a tremendous number of water line breaks the last two winters. Just last week there were more than 14 in one day. Any break, work on broken valves or hydrant flushing will change the flow of water and potentially cause temporary discoloration.” 336. Therefore, in addition to missing the connection between the lack of corrosion control and lead contamination, Defendant Veolia made a permissive “could” suggestion aimed only at reducing aesthetic deficiencies while suggesting that Flint’s drinking water met all applicable requirements and was safe to drink.
337. As a result of Defendant Veolia’s actions, the residents of Flint continued to be exposed to poisonous water beyond February and March of 2015. 338. As evidence of problems mounted, the Defendants Snyder, MDEQ and its employees, MDHHS and its employees, Emergency Managers, City of Flint and its employees repeatedly denied the dangers facing Flint’s residents, insisting that their water was safe to drink, despite having knowledge ad evidence to the contrary. 339. On March 23-24, 2015, Flint’s powerless City Council voted 7-1 to end Flint River service and return to DWSD. 340. Defendant and Emergency Manager Ambrose declared that vote “incomprehensible” and rejected the proposal. 341. Defendant and Emergency Manager Ambrose then publically declared that “Flint water today is safe by all Environmental Protection Agency and Michigan Department of Environmental Quality standards, and the city is working daily to improve its quality… water from Detroit is no safer than water from Flint.”

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342. On April 24, 2015, the MDEQ finally told the EPA that Flint did not have optimized corrosion control in place, contradicting its statement from two months prior. 343. The flawed interpretation used by MDEQ and its Defendants employees amounted to a one year “free pass”, where the Flint River served as a free water source that generated significant revenue for Flint to balance the City budget on the backs of Flint’s residents.
344. Defendants Shekter, Cook, Busch, and Prysby were expressly told by Mr. Del Toral that their sampling procedures skewed lead level results and did not properly account for the presence of lead service lines. 345. In April of 2015, Mr. Del Toral issued a memorandum to the MDEQ, stating: “I wanted to follow up on this because Flint has essentially not been using any corrosion control treatment since April 30, 2014, and they have (lead service lines). Given the very high lead levels found at one home and the pre-flushing happening in Flint, I’m worried that the whole town may have much higher lead levels than the compliance results indicated, since they are using pre-flushing ahead of their compliance sampling.” 346. Del Toral, a national expert in the field, identified the problem, the cause of that problem, and the specific reason the state had missed it. The Defendants ignored and dismissed him. 347. The MDEQ’s director, Defendant Wyant, was expressly aware of Mr. Del Toral’s comments and concerns. 348. On May 1, 2015, Defendant Cook sent an e-mail to Mr. Del Toral disagreeing with Del Toral’s interpretation of his own agency’s rules and vehemently resisting calls for a water quality study. 349. Cook noted that “[a]s Flint will be switching raw water sources in just over one year

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from now, raw water quality will be completely different than what they currently use. Requiring a study at the current time will be of little to no value in the long term control of these chronic contaminants.” 350. Defendant Cook, the MDEQ and all other Defendants named herein, believed they could simply run out the clock on Flint’s water quality problem while the KWA water system was nearing completion.
351. Cook also claimed that “the City of Flint’s sampling protocols for lead and copper monitoring comply with all current state and federal requirements. Any required modifications will be implemented at a time when such future regulatory requirements take effect.” 352. On June 24, 2015, Mr. Del Toral authored an alarming memorandum more fully stating his concerns about the problems with MDEQ’s oversight of Flint. 353. The memorandum noted that the city was not providing corrosion control for mitigating lead and copper levels, “[a] major concern from a public health standpoint.” 354. Further, “[r]ecent drinking water sample results indicate the presence of high lead results in the drinking water, which is to be expected in a public water system that is not providing corrosion control treatment. The lack of any mitigating treatment for lead is of serious concern for residents that live in homes with lead service lines or partial lead service lines, which are common throughout the City of Flint.” 355. Additionally, “[t]he lack of mitigating treatment is especially concerning as the high lead levels will likely not be reflected in the City of Flint’s compliance samples due to the sampling procedures used by the City of Flint for collecting compliance samples… . This is a serious concern as the compliance sampling results which are reported by the City of Flint to residents could provide a false sense of security to the residents of Flint regarding lead levels in

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their water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water . . . [o]ur concern . . . has been raised with the [MDEQ].”
356. Del Toral’s memorandum also noted that a Flint resident, Ms. Lee-Anne Walters, who had directly contacted the EPA had alarming results of 104 ug/L and 397 ug/L1, especially alarming given the flawed sampling procedures used by the MDEQ.
357. The MDEQ had told the resident that the lead was coming from the plumbing in her own home, but Del Toral’s inspection revealed that her plumbing was entirely plastic. 358. The memorandum also noted blood tests that showed Ms. Walters’s child had elevated blood lead levels, and that additional sample results from resident-requested samples showed high levels of lead. 359. Among those cc’d on Mr. Del Toral’s memorandum were MDEQ Defendants Liane Shekter-Smith, Pat Cook, Stephen Busch, and Michael Prysby. 360. On May 11, 2015, Jon Allan, director of the Michigan Office of the Great Lakes, emailed Defendant Shekter Smith for her reactions to the following language in a proposed report: “By 2020, 98 percent of population served by community water systems is provided drinking water that meets all health-based standards… By 2020, 90 percent of the noncommunity water systems provide drinking water that meets all health-based standards.” 361. Responding the same day, MDEQ Water Resources Division Chief William Creal replied: “I think you are nuts if you go with a goal less than 100 percent for (drinking water) compliance in the strategy. How many Flints do you intend to allow???” 362. Defendant Shekter Smith responded the next day: “The balance here is between what is realistic and what is ideal. Of course, everyone wants 100 percent compliance. The reality,
1 Ug/L is equivalent to parts per million or PPM

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however, is that it’s impossible. It’s not that we ‘allow’ a Flint to occur; circumstances happen. Water mains break, systems lose pressure, bacteria gets into the system, regulations change and systems that were in compliance no longer are, etc. Do we want to put a goal in black and white that cannot be met but sounds good? Or do we want to establish a goal that challenges us but can actually be accomplished? Perhaps there’s a middle ground?” 363. Defendant Shekter Smith’s comments reflect her obvious awareness that Flint’s water did not meet health based standards, and her callous “circumstances happen” indifference to the results is indicative of top down policy of cutting costs and balancing the budget at the expense of health, safety and property of the good citizens of Flint. 364. In approximately July of 2015, Defendant Busch claimed that “almost all” homes in the pool sampled for lead in Flint had lead service lines. This was patently untrue and was made with no basis in fact, and the effect of this mistake made the lead testing results even more unreliable. Busch knew that it was not true, because Flint’s records were insufficient to allow him to make such a determination. 365. On July 9, ACLU-Michigan reporter Curt Guyette publically broke the story about lead in Flint’s drinking water, citing Del Toral’s memorandum and exposing the lack of corrosion control in Flint’s water. 366. Four days later, Defendant Wurfel issued the following public statement: “Let me start here- anyone who is concerned about lead in the drinking water in Flint can relax.” 367. On July 21, 2015, the EPA and MDEQ conducted a conference call regarding MDEQ’s implementation of the LCR. EPA pushed for optimized corrosion control (which MDEQ had previously told EPA Flint was using), while MDEQ claimed it was unnecessary and premature. 368. MDEQ could not have been more wrong. Far from being premature, it was already too

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late to fully protect the people of Flint. 369. In an e-mail follow-up to that call, sent to an EPA employee, Defendant Shekter Smith stated “while we understand your concerns with the overall implementation of the lead and copper rule; we think it is appropriate for EPA to indicate in writing (an email would be sufficient) your concurrence that the city is in compliance with the lead and copper rule as implemented in Michigan… This would help distinguish between our goals to address important public health issues separately from the compliance requirements of the actual rule which we believe have been and continue to be met in the city of Flint.” 370. Defendant Shekter Smith’s statement indicates that she and the MDEQ were more concerned about proving technical compliance with the LCR than “address[ing] important public health issues.” 371. On July 22, 2015, Defendant Snyder’s chief of staff, Defendant Dennis Muchmore sent an e-mail indicating his awareness of the problems with Flint’s water and the state’s inadequate response. He noted: “I’m frustrated by the water issue in Flint. I really don’t think people are getting the benefit of the doubt. Now they are concerned and rightfully so about the lead level studies they are receiving from DEQ samples. Can you take a moment out of your impossible schedule to personally take a look at this? These folks are scared and worried about the health impacts and they are basically getting blown off by us (as a state we’re just not sympathizing with their plight).” 372. Defendant Linda Dykema, director of the MDHHS Division of Environmental Health sent an email to a number of department employees attempting to discredit Mr. Del Toral, to this point the only government employee actively trying to protect Flint’s residents from lead poisoning. She claimed “[r]egarding the EPA drinking water official quoted in the press

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articles, the report that he issued was a result of his own research and was not reviewed or approved by EPA management. He has essentially acted outside his authority.” 373. On July 24, 2015, Defendant Wurfel wrote an e-mail to Defendants Busch, Prysby, Shekter Smith and Wyant, stating: “Guys, the Flint Ministers met with the Governor’s office again last week. They also brought along some folks from the community – a college prof and GM engineer – who imparted that 80 water tests in Flint have shown high lead levels. Could use an update on the January/June testing results, as well as recap of the December testing numbers, and any overview you can offer to edify this conversation?” 374. Defendant Busch responded the same day in email to Defendant Wurfel copied to all others on the original e-mail, claiming that the second round of Flint drinking water testing showed a 90th percentile level of 11 parts per billion, almost double the prior round’s results. 375. Even with MDEQ’s terribly flawed sampling methods showing that lead levels had nearly doubled since the first six month testing, and even with outside evidence of even higher levels, Defendants showed no concern and took no immediate action to protect the people of Flint. 376. Defendant Busch also noted in his e-mail that Flint would be completing “a study (within 18 months) and are allowed a period of additional time (2 additional years) to install the selected treatment for fully optimized corrosion control.” 377. On July 24, 2015, Defendant Wurfel wrote the following to recipients including Defendant Muchmore and Defendant Wyant: “Guys, here’s an update and some clarification on the lead situation in Flint. Please limit this information to internal for now…By the tenants of the federal statute, the city is in compliance for lead and copper. That aside, they have not optimized their water treatment… Conceivably, by the time we’re halfway through the first

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timeline, the city will begin using a new water source with KWA… and conceivably, the whole process starts all over again. In terms of near-future issues, the bottom line is that residents of Flint do not need to worry about lead in their water supply, and DEQ’s recent sampling does not indicate an eminent health threat from lead or copper.” 378. In August, 2015, the EPA pressed MDEQ to move faster on implementing corrosion control in Flint. 379. On August 23, 2015, Virginia Tech Professor Marc Edwards wrote MDEQ to inform them that he would be conducting a study of Flint’s water quality. 380. On August 27, 2015, Professor Edwards’s preliminary analysis was released. More than half of the first 48 samples he tested came back above 5 ppb, and more than 30% of them came back over 15ppb, which would be unacceptable even as a 90th percentile. He called the results “worrisome.” 381. In an e-mail response to a Governor’s office inquiry regarding the high lead levels in residents’ homes and the discrepancy between those numbers and the state’s test results, Defendant Wurfel stated “[d]on’t know what it is, but I know what it’s not. The key to lead and copper in drinking water is that it’s not the source water, or even the transmission lines (most of which are cast iron). It’s in the premise plumbing (people’s homes).” 382. This statement was made despite the facts that about half of Flint’s homes are connected to lead service lines, and that it was clear by this point that Ms. Walters’s home had plastic plumbing. 383. Wurfel then blamed Mr. Del Toral, the ACLU, and others taking action to help Flint’s residents, stating: “This person is the one who had EPA lead specialist come to her home and do tests, then released an unvetted draft of his report (that EPA apologized to us profusely for)

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to the resident, who shared it with ACLU, who promptly used it to continue raising hell with the locals… [I]t’s been rough sledding with a steady parade of community groups keeping everyone hopped-up and misinformed.” 384. On August 28, 2015, an EPA employee notified Defendant Shekter Smith and other MDEQ employees that “Marc Edwards (Virginia Tech) is working with some of the citizens in Flint and they are finding lead at levels above five parts per billion and some above 15 parts per billion. There’s no indication of whether any of these homes were also sampled and analyzed by Flint and will now be part of their compliance calculations. Virginia Tech sent out 300 bottles and have gotten 48 back. We are not involved in this effort by Dr. Edwards.” 385. On September 2, 2015, Defendant Wurfel engaged in further efforts to discredit Marc Edwards, this time in a press release. He stated: “[W]e want to be very clear that the lead levels being detected in Flint drinking water are not coming from the treatment plant or the city’s transmission lines… The issue is how, or whether, and to what extent the drinking water is interacting with lead plumbing in people’s homes….the results reported so far fail to track with any of the lead sampling conducted by the city. In addition, Virginia Tech results are not reflected by the blood lead level testing regularly conducted by the state department of community health that have not shown any change since Flint switched sources.” 386. Defendant Wurfel knew this statement to be false, or had no reason to believe that it was true. For example, it was obvious by this point that Ms. Walters’s home had plastic plumbing.
387. On September 6, 2015, another Wurfel attempt to discredit Edwards’s results was published through Michigan Public Radio: “The samples don’t match the testing that we’ve been doing in the same kind of neighborhoods all over the city for the past year. With these kinds of numbers, we would have expected to be seeing a spike somewhere else in the other

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lead monitoring that goes on in the community.” 388. Tragically, had the MDEQ or MDHHS been doing their jobs, they would indeed have seen spikes in all other forms of lead monitoring. Even worse, the MDEQ had been told exactly why its testing failed to reveal extremely high levels of lead. 389. Edwards published a report in early September, 2015, with startling findings. Among them: “FLINT HAS A VERY SERIOUS LEAD IN WATER PROBLEM”; “101 out of 252 water samples from Flint homes had first draw lead more than 5 ppb”; “Flint’s 90th percentile lead value is 25 parts per billion… over the EPA allowed level of 15ppb that is applied to high risk homes… How is it possible that Flint ‘passed’ the official EPA Lead and Copper Rule sampling overseen by MDEQ?”; “Several samples exceeded 100ppb and one sample collected after 45 seconds of flushing exceeded 1,000 ppb[.]” 390. Additional Edwards’s findings included that “[o]n average, Detroit water is 19 times less corrosive than the Flint River water currently in use”; “even with phosphate, Flint River water has 16 times more lead compared to the same condition using Detroit water.” 391. Therefore, the Flint River water was so corrosive that even the obvious, necessary measure of adding corrosion control may not have been enough to make it totally safe. 392. This would have been known if the water were properly treated or studied before the switch. Instead, the residents of Flint were used as guinea pigs in a “test then treat” scenario that ensured at least one year of absolutely no protection from lead contamination, a balanced budget, and substantial revenue from free water paid for by Flint residents.
393. Edwards predicted that “in the weeks and months ahead MDEQ and Flint will be forced to admit they failed to protect public health as required under the Federal Lead and Copper Rule.” He was entirely correct.

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394. Another Wurfel hit job on Professor Edwards and his team occurred on September 9, 2015, when he told a reporter: “[T]he state DEQ is just as perplexed by Edwards’s results as he seems to be by the city’s test results, which are done according to state and federal sampling guidelines and analyzed by certified labs.” 395. This statement was made with full knowledge that at least one EPA employee had told MDEQ that its testing was not being conducted according to federal guidelines. 396. Defendant Wurfel also claimed that Edwards’s team “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.” 397. Again, Wurfel and MDEQ publically attempt to discredit the people working to protect the public, while providing false assurances to Flint’s residents about the water that continues to poison them. 398. On September 10, 2015, Dr. Yanna Lambrinidou, a member of the EPA National Drinking Water Advisory Council Lead and Copper Rule workgroup wrote to Defendants Wurfel and Busch, requesting information on “optimal water quality parameter ranges” that MDEQ should have set for Flint’s water. 399. No such information existed, because MDEQ had never created it. 400. Busch responded “[a]ll previous water quality parameter ranges would have been established for the City of Flint’s wholesale finished water supplier, the Detroit Water and Sewerage Department, not the City of Flint itself. As the City of Flint has not yet established
optimized corrosion control treatment, the MDEQ is not yet at the point of regulatory requirements where the range of water quality parameters would be set.”
401. Water quality parameter ranges ensure safe levels of things like PH, nitrates and phosphates.

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402. Dr. Lambrinidou replied “do you mean that MDEQ never set optimal water quality parameter ranges specifically for Flint before Flint’s switch to Flint River water? It is my impression, please correct me if I’m wrong, that under the LCR, all large systems – whether they are consecutive or not – must have optimal water quality parameter ranges designated by states specifically for them (at the time when these systems are deemed to have optimized their treatment). Is there language in the LCR I am missing that allows a utility not to have optimal quality parameter ranges established specifically for it? My second question is this: If the City of Flint had no optimal water quality parameter ranges established specifically for it in the past, how did it achieve LCR compliance? Isn’t it the case that utility-specific optimal water quality parameter ranges (and maintenance of these ranges) are required for all large systems to avoid an LCR violation?” 403. Defendant Busch’s response reiterated his belief that Flint was not required to implement corrosion control until unacceptably high levels of lead had already appeared in the water. This callous response, on September 25, 2015, indicated Busch’s complete indifference to the health, property and welfare of Flint’s residents. 404. A September 10 e-mail from the EPA’s Jennifer Crooks to Defendant Shekter Smith, summarizing an apparent EPA-MDEQ conference call, acknowledged that Professor Edwards’s study “[was] putting added pressure on MDEQ, and EPA to ensure that Flint addresses their lack of optimized corrosion control treatment in an expedited manner in order to protect the residents from exposure to high lead levels.” Further, “EPA acknowledged that to delay installation of corrosion control treatment in Flint would likely cause even higher levels of lead over time as Flint’s many lead service lines are continuously in contact with corrosive water.” 405. In a September 17, 2015 letter, Defendant Wyant wrote a letter in response to an inquiry

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from various legislators, disavowing any responsibility for reacting to Mr. Del Toral’s alarmsounding memorandum: “With respect to the draft memo referenced in your letter, the MDEQ does not review or receive draft memos from the USEPA, nor would we expect to while it is a draft.” 406. Defendant Wyant’s statement was made despite the fact that he and the MDEQ were fully aware of Del Toral’s memorandum and the concerns it raised, and as though this apparent MDEQ policy justified ignoring Del Toral. 407. On September 15, 2015, MLive published an article entitled “Virginia Tech professor says Flint’s tests for lead in water can’t be trusted.” Edwards is quoted as recommending a return to DWSD, stating “Flint is the only city in America that I’m aware of that does not have a corrosion control plan in place to stop this kind of problem.” 408. On September 23, 2015, an e-mail from Croft to numerous officials included the following: “I am pleased to report that the City of Flint has officially returned to compliance with the Michigan Safe Drinking Water Act and we have received confirming documentation from the DEQ today…Recent testing has raised questions regarding the amount of lead that is being found in the water and I wanted to report to you our current status. At the onset of our plant design, optimization for lead was addressed and discussed with the engineering firm and with the DEQ. It was determined that having more data was advisable prior to the commitment of a specific optimization method. Most chemicals used in this process are phosphate based and phosphate can be a ‘food’ for bacteria. We have performed over one hundred and sixty lead tests throughout the city since switching over to the Flint River and remain within EPA standards.” 409. Croft’s statement was made despite his knowledge that the samples the city had taken

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were insufficient to draw any conclusions. 410. Croft’s widely disseminated message makes no mention of the flawed lead testing results. 411. On September 25, 2015, Snyder’s Chief of Staff Dennis Muchmore sends an e-mail to Governor Snyder and others that treated the situation in Flint as a political inconvenience instead of a humanitarian crisis. He stated: “The DEQ and [MDHHS] feel that some in Flint are taking the very sensitive issue of children’s exposure to lead and trying to turn it into a political football claiming the departments are underestimating the impacts on the populations and are particularly trying to shift responsibility to the state…I can’t figure out why the state is responsible except that Dillon did make the ultimate decision so we’re not able to avoid the subject. The real responsibility rests with the County, city, and KWA[.]” 412. In addition to ignoring the fact that the state had taken over Flint, Muchmore’s evasion of state responsibility ignores the role of the MDEQ and MDHHS in this crisis. 413. Where MDEQ caused, obscured, and lied about the lead problem, MDHHS should have discovered and revealed it. 414. Instead, the MDHHS obscured, obfuscated, and intentionally withheld information which conclusively showed that the children of Flint were being exposed and re- exposed to lead. It took the work of an outside doctor to force MDHHS to acknowledge its failures.
415. Whereas MDEQ ignored and criticized the very people it should have been gratefully listening to in Mr. Del Toral and Dr. Edwards, the MDHHS extended the same treatment to Dr. Mona Hanna-Attisha, a pediatrician at Flint’s Hurley Hospital. 416. In a July 28, 2015, email from MDHHS epidemiologist Cristin Larder to MDHHS employees Nancy Peeler and Patricia McKane, Larder identifies an increase in blood lead levels

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in Flint just after the switch to river water, and concludes only that the issue “warrant[s] further investigation.” 417. On the same day, Defendant Nancy Peeler sent an e-mail admitting an uptick in children with elevated blood lead levels in Flint in July, August, and September 2014, but attributing it to seasonal variation. 418. MDHHS took no actions as outsiders began to discover and reveal Flint’s lead problem. Instead, it withheld data and obstructed those researchers while actively attempting to refute their findings. 419. In a September 10, 2015, e-mail from MDHHS health educator Michelle Bruneau to colleague Kory Groestch, regarding a talking points memorandum, she states: “[M]ay be a good time to float the draft out to the others because if we’re going to take action it needs to be soon before the Virginia Tech University folks scandalize us all.” 420. Again, instead of acting to help the people of Flint, the state and its employees were concerned with protecting themselves. 421. In a September 11, 2015, e-mail to Defendant Linda Dykema and Kory Groestch of the MDHHS, Defendant Shekter Smith wrote: “Since we last spoke, there’s been an increase in the media regarding lead exposure. Any progress developing a proposal for a lead education campaign? We got a number of legislative inquiries that we are responding to. It would be helpful to have something more to say.” 422. MDHHS’s Bruneau responded to Groetsch: “Told ya,” and incredibly, includes a “smiley face” emoticon. 423. Groetsch then responds to Shekter Smith that Bruneau has written only “the bones” of a health education and outreach plan.

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424. The same day, Defendant Robert Scott, the data manager for the MDHHS Healthy Homes and Lead Prevention program, was e-mailed a copy of a grant proposal for Professor Edwards’s study. Edwards’s grant proposal described a “perfect storm” of “out of control” corrosion of city water pipes leading to “severe chemical/biological health risks for Flint residents.” Scott forwarded the grant proposal to MDHHS employees Nancy Peeler, Karen Lishinski, and Wesley Priem, with the note“[w]hen you have a few minutes, you might want to take a look at it. Sounds like there might be more to this than what we learned previously. Yikes!” 425. On September 22, 2015, MDHHS Environmental Public Health Director and Defendant Lynda Dykema, emailed MDHHS’ Geralyn and Defendant Peeler, among others. She stated: “Here is a link to the VA Tech study re city of Flint drinking water… It appears that the researchers have completed testing of a lot of water samples and the results are significantly different than the city and DEQ data. It also appears that they’ve held public meetings in Flint, resulting in concerns about the safety of the water that have arisen in the last few days.” 426. On the same day, Dr. Mona Hanna-Attisha requests from Defendant Robert Scott and others at MDHHS full state records on blood tests, likely to compare to her own data. She notes “[s]ince we have been unable to obtain recent MCIR blood lead data for Flint kids in response to the lead in water concerns, we looked at all the blood lead levels that were processed through Hurley Medical Center[.]” She tells the MDHHS that despite being denied data access from the state, she has found “striking results.” 427. Dr. Hanna-Attisha had heard complaints from Flint residents about their water and found out that no corrosion control was being used. She developed a study using her hospital’s data, comparing lead levels in blood samples taken before and after the switch in the water

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supply. 428. On September 24, 2015, Dr. Hanna-Attisha released a study showing post-watertransition elevated blood-lead levels in Flint children at a press conference. 429. Dr. Hanna-Attisha had done the job that the MDHHS should have done. 430. Earlier that day, MDHHS employee Angela Minicuci circulated a memorandum of “Flint Talking Points” in anticipation of Dr. Hanna-Attisha’s study. It noted that her results were “under review” by MDHHS, but that her methodology was different, implying that her methodology was unorthodox or improper. “Looking at the past five years as a whole provides a much more accurate look at the season trends of lead in the area,” MDHHS claimed. “MDHHS data provides a much more robust picture of the entire blood lead levels for the Flint area.” 431. Also regarding Dr. Hanna-Attisha’s findings, Governor Snyder’s press secretary emailed a number of state employees the following: “Team, [h]ere’s the data that will be presented at the Hurley Hospital press conference at 3 p.m. As you’ll see, they are pointing to individual children, a very emotional approach. Our challenge will be to show how our state data is different from what the hospital and the coalition members are presenting today.” 432. Here again, the state was more concerned about protecting its own reputation than the lives of Flint residents. It never addressed the most important question – what if Dr. HannaAttisha was right.
433. Defendants and employees of MDHHS were uniformly dismissive of Dr. HannaAttisha’s results. Wesley Priem, manager of the MDHHS Healthy Homes Section, wrote to MDHHS’ Kory Groetsch: “This is definitely being driven by a little science and a lot of politics.”

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434. The same day the results were released, Defendant Robert Scott emailed Defendant Nancy Peeler, noting that he had tried to “recreate Hurley’s numbers,” and says he sees “a difference between the two years, but not as much difference as they did.” 435. Despite the fact that this constitutes MDHHS’s first internal recognition that their own methodology could have been wrong and that Flint children had been poisoned, Scott added “I’m sure this one is not for the public.” 436. As this was going on, Professor Edwards forcefully requested blood lead data from Mr.
Scott. In an email, the Professor notes that the state had failed to provide the records to Dr. Hanna-Attisha’s team, and accusing the MDHHS of “raising…obstacles to sharing it with everyone who asks.” Professor Edwards claims to have been requesting the data since August, and notes that he has sent Scott ten e-mails on the subject. 437. The next day, Defendant Scott drafts a remarkable response, but never sends it to Professor Edwards on the advice of Defendant Peeler. Included in the would-be response: “I worked with you earlier this month to get data to you relatively quickly but did not manage to complete the process before I went on annual leave for several days. I neglected to inform you that I’d be away, and I apologize for not informing you.” Despite the fact that Scott admitted to going on vacation and leaving an important task unfinished as a public health crisis unfolded, Peeler tells him to “apologize less.” 438. The day after Dr. Hanna-Attisha releases her study, the City of Flint issues a health advisory, telling residents to flush pipes and install filters to prevent lead poisoning.
439. The same day, Defendant Robert Scott responded to an email from colleagues about Detroit Free Press interest in doing a lead story. At 12:16 p.m., Free Press reporter Kristi Tanner sent an email to Angela Minicuci at MDHHS saying Tanner had looked at the lead

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increase in Flint as shown in DHS records between 2013-2014 and 2-14-2015 and Tanner is concluding that the increase “is statistically significant.” 440. Scott writes to Minicuci: “The best I could say is something like this: ‘While the trend for Michigan as a whole has shown a steady decrease in lead poisoning year by year, smaller areas such as the city of Flint have their bumps from year to year while still trending downward overall.’” 441. Defendant Nancy Peeler, also a party to the conversation, writes back to Scott and Minicuci: “My secret hope is that we can work in the fact that this pattern is similar to the recent past.” 442. This conversation unfolded the very day after Scott told Peeler that his own review of the data showed increased post-switch lead levels, but that his findings were not to be made public. 443. Defendants Peeler and Scott intentionally withheld information that they had a duty to disclose to the public, and actively sought to hide the lead poisoning epidemic that they had previously failed to discover. 444. Also on September 25, MDHHS’s Lasher sent an email to Defendant Muchmore, Defendant Wyant, Defendant Wufel, and others, repeating criticisms of Dr. Hanna-Attisha’s findings using quotation marks in reference to the “data” that she reviewed and calling her sample size into question. 445. Those MDHHS employees not actively engaged in the cover-up show no urgency whatsoever to this public health crisis. Cristin Larder sent an e-mail to a number of colleagues: “After looking at the data Kristi send you and talking with Sarah, I realize I do not have access to the data I need to answer her specific question about significance. I won’t be able to get

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access before Monday. Sorry I wasn’t able to be helpful right now.” 446. Angela Minicuci responded: “Not a problem, let’s connect on Monday.” The department apparently could not be troubled with a public health emergency on the weekend. 447. As this crisis unfolded, Defendant Snyder received briefings from Defendant Muchmore, which were more focused on political reputation preservation than helping the people of Flint. Muchmore referred to the people raising concerns about Flint’s lead as the “anti-everything group,” and claimed that it was the responsibility of the City of Flint (overtaken by Snyder’s Emergency Manager) to “deal with it.” 448. Still, by September 26, 2015, Defendant Muchmore had told the governor that finding funds “to buy local residents home filters is really a viable option,” and had identified service lines to homes as a likely cause of the problem. 449. The Governor took no immediate action to protect the rights, health, and safety of Flint’s residents while his subordinates continued to insist that the water was safe and discredit those who presented evidence to the contrary. 450. On September 28, 2015, Defendant Wurfel publically claims that the Flint situation is turning into “near hysteria,” and saying of Dr. Hanna-Attisha’s statements “I wouldn’t call them irresponsible. I would call them unfortunate.” He again declares Flint’s water safe. 451. On September 28, 2015, State Senator Jim Ananich sent a letter to Governor Snyder, noting “[i]t is completely unacceptable that respected scientific experts and our trusted local physicians have verified that the City of Flint’s drinking water is dangerous for our citizens, especially our most vulnerable young people.” He called for immediate action, but the Governor continues to wait.
452. The same day, MDHHS Director and Defendant Nick Lyon continues trying to discredit

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Dr. Hanna- Attisha’s study despite his own department’s knowledge that it shows a real problem. In an e- mail, he stated: “I need an analysis of the Virginia Tech/Hurley data and their conclusions. I would like to make a strong statement with a demonstration of proof that the lead blood levels seen are not out of the ordinary and are attributable to seasonal fluctuations. Geralyn is working on this for me but she needs someone in public health who can work directly with her on immediate concerns/questions.” 453. In blatant violation of state law, at all relevant times the state’s “top doctor,” MDHHS chief medical executive Defendant Dr. Eden Wells was attending to her responsibilities part time while also working at the University of Michigan. 454. Dr. Wells did not become a full time state employee until February 1, 2016, and her mandatory responsibilities at the state prior to that time may have involved as little as eight (8) hours per week. 455. Dr. Wells was the sole medical doctor working as an executive for the department. 456. Dr. Wells’s predecessor, Dr. Gregory Holtzman, has noted that as a full time employee, he “kept quite busy.” 457. Other outsiders continued to put pressure on the MDHHS to be more transparent. Genesee County Health Officer Mark Valacak wrote an e-mail to department employees, demanding “to know whether you have confirmed with the lead program staff at MDHHS that the state results that purport that lead levels have not shown a significant increase since the changeover of the water supply for the city of Flint indeed represent Flint city zip codes only and not Flint mailing addresses. As I mentioned to you both this morning, Flint mailing addresses include outlying areas like Flint and Mundy Townships which obtain their water from the Detroit water authority.”

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458. Valacak’s email pointed out further flaws in MDHHS methodology. 459. In the face of continued state denials, a September 29, 2015, article in the Detroit Free Press publically claimed “Data that the State of Michigan released last week to refute a hospital researcher’s claim that an increasing number of Flint children have been lead-poisoned since the city switched its water supply actually supports the hospital’s findings, a Free Press analysis has shown. Worse, prior to the water supply change, the number of lead-poisoned kids in Flint, and across the state, had been dropping; the reversal of that trend should prompt state public health officials to examine a brewing public health crisis.” 460. Dr. Hanna-Attisha could see the problem and the Free Press could see the problem with the state’s own data, and yet the MDHHS found signs of a lead problem but ignored it. 461. Finally, Defendant Snyder was forced to admit that there was an emergency he could no longer ignore. 462. His Executive Director sent an e-mail on September 29, 2015 to Defendant Muchmore, Nick Lyon, and Defendant Wyant, among others, soliciting information for a meeting regarding emergency management and noting that Dr. Wells “should be speaking with Hurley.” 463. A September 29, 2015, internal e-mail between MDHHS employees refers to the situation in Flint as sounding “like a third world country” and openly wondering when the federal government might be able to step in. 464. The same day, MDHHS employees discuss efforts made by Genesee County to obtain MDHHS data. Ms. Lasher writes “I understand that we are still reviewing the data – but the county has basically issued a ransom date that they want this information by tomorrow… Eden – please coordinate an answer so Nick can walk into the 1 p.m. (meeting with the governor) prepared on this.”

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465. As demonstrated in Ms. Lasher’s email, the state continued to refuse to take even the simplest measure to protect public health until outsiders forced it to do so. 466. Also on September 29, 2015, Geralyn Lasher e-mailed Defendants Peeler and Wells, Scott, and several others at MDHHS: “Is it possible to get the same type of data for just children under the age of six? So basically, the city of Flint kids ages six and under with the same type of approach as the attached chart you gave us last week?” 467. Defendant Linda Dykema responds to fellow MDHHS employees including Defendant Wells: “[i]t’s bad enough to have a data war with outside entities, we absolutely cannot engage in competing data analyses within the Department, or, heaven forbid, in public releases.” 468. Defendant Wells’s only reply to that email was a single word: “Agree,” showing MDHHS continuing efforts to mislead the public, protect itself, and discredit Dr. HannaAttisha. 469. The MDHHS and its employees were completely disinterested in the truth or finding out whether it may have made an error. 470. When Dr. Hanna-Attisha directly e-mailed Defendant Wells with updated findings that isolated certain high risk areas of the city and showed that blood lead levels have “more than tripled,” Defendant Wells responded that the state was working to replicate Hanna-Attisha’s analysis, and inquired about Dr. Hanna-Attisha’s plans to take the information public. 471. While discouraging her department to look further into Dr. Hanna-Attisha’s findings and misleading Dr. Hanna-Attisha, Defendant Wells remained focused on a single task; saving face at the expense of Flint’s residents in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint.

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472. Also on September 29, 2015, Genesee County issued its own health advisory about Flint’s water. Two days later, the county warned Flint residents not to drink the water.
473. As the lead crisis unfolded, the state also obscured the cause of Flint’s Legionnaires’ disease outbreak. Because of the common cause, the lack of corrosion control, this effort further hindered outside efforts with respect to the lead problem. 474. The state actively prevented interested federal officials from becoming involved in the Legionnaires’ investigation. 475. A Centers for Disease Control and Prevention (“CDC”) employee wrote to Genesee County Health officials in April of 2015: “We are very concerned about this Legionnaires’ disease outbreak…It’s very large, one of the largest we know of in the past decade, and community-wide, and in our opinion and experience it needs a comprehensive investigation.” 476. That e-mail added “I know you’ve run into issues getting information you’ve requested from the city water authority and the MI Dept. of Environmental Quality. Again, not knowing the full extent of your investigation it’s difficult to make recommendations, and it may be difficult for us to provide the kind of detailed input needed for such an extensive outbreak from afar.” 477. On December 5, 2015, an employee of Genesee County Health Department accused state officials of covering up their mishandling of Flint’s Legionnaires’ disease outbreak. Tamara Brickey wrote to colleagues that “[t]he state is making clear they are not practicing ethical public health practice.” Further, “evidence is clearly pointing to a deliberate cover-up,” and “[i]n my opinion, if we don’t act soon, we are going to become guilty by association.” 478. On October 1, 2015, the MDHHS officially confirmed Dr. Hanna-Attisha’s results. Department employees developed a “talking points” memorandum that gently admitted that

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further analysis of their own data supported the doctor’s findings, but cited lead paint as a greater concern than the water. 479. Finally, after months of denial, obstruction, and lies, the state began to act on October 1 2. The Governor received a proposal to reconnect Flint to DWSD and worked on plans for lead testing and water filters. 480. Still, Defendant Snyder’s “comprehensive action plan” stated that “[t]he water leaving Flint’s drinking water system is safe to drink, but some families with lead plumbing in their homes or service connections could experience higher levels of lead in the water that comes out of their faucets.” 481. Subsequent tests have shown that lead levels in Flint’s water have been so high that filters could not remove all lead, meaning that the state’s recommendation and distribution of filters as a solution continued to inflict harm. 482. On October 15, 2015, Defendant Shekter Smith sent an email to Defendant Wurfel and others, stating that prior to the Flint River switch, before the switch to Flint River water, “Staff believed that it was appropriate to monitor for two 6-month rounds of sampling to determine if additional measures were necessary. Based on the sampling performed, the city is required to install corrosion control treatment…A pilot test was not required or conducted. Staff believed that it was appropriate to monitor for two 6-month rounds to determine if additional measures would be necessary.” 483. It was not appropriate to monitor for two 6 month rounds, and additional measures were necessary from the beginning.
484. The state’s staggering “drink first, test later” approach shows a conscious, willful disregard and/or indifference for whether an injury resulted to Plaintiffs.

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485. On October 16, 2015, Flint reconnected to DWSD. 486. However, the damage had been done and lead has continued to leach from pipes into the water. 487. Two days later, Defendant Wyant admitted the colossal failure that his department had made, many months after it was expressly brought to their attention. 488. Defendant Wyant informed Governor Snyder that “staff made a mistake while working with the city of Flint. Simply stated, staff employed a federal (corrosion control) treatment protocol they believed was appropriate, and it was not.” Also; “simply said, our staff believed they were constrained by two consecutive six- month tests. We followed and defended that protocol. I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning. Because of what I have learned, I will be announcing a change in leadership in our drinking water program.” 489. Defendant Wyant admitted to the Detroit News that MDEQ’s “actions reflected inexperience, and our public response to the criticism was the wrong tone early in this conversation.” 490. Apparently, by “early in this conversation,” Wyant meant “until today.” 491. On October 21, 2015, Governor Snyder appointed a five person task force to investigate the Flint water crisis. The task force included Ken Sikkema, senior policy fellow at Public Sector Consultants, Chris Kolb, president of the Michigan Environmental Council, Matthew Davis, a professor of pediatrics and internal medicine at the University of Michigan, Eric Rothstein, a private water consultant, and Lawrence Reynolds, a Flint pediatrician. 492. The day before the task force’s findings were released, Snyder’s new chief of staff wrote to him that “[i]f this is the path that the Task Force is on, it is best to make changes

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at DEQ sooner rather than later. That likely means accepting Dan’s resignation. It also means moving up the termination of the 3 DEQ personnel previously planned for Jan 4 to tomorrow.” 493. On December 29, 2015, the task force issued a letter detailing its findings. 494. In that letter, the task force stated that “[w]e believe the primary responsibility for what happened in Flint rests with the Michigan Department of Environmental Quality (MDEQ). Although many individuals and entities at state and local levels contributed to creating and prolonging the problem, MDEQ is the government agency that has responsibility to ensure safe drinking water in Michigan. It failed in that responsibility and must be held accountable for that failure.” 495. The letter continued: “The Safe Drinking Water Act (SDWA) places responsibility for compliance with its requirements on the public water system. In this instance, the City of Flint had the responsibility to operate its water system within SDWA requirements, under the jurisdiction of the MDEQ. The role of the MDEQ is to ensure compliance with the SDWA through its regulatory oversight as the primary agency having enforcement responsibility for the Flint water system.” 496. The letter indicated that the MDEQ had failed to properly interpret and apply the Lead and Copper Rule. 497. The letter pointed to a “minimalist approach to regulatory and oversight authority” at MDEQ’s Office of Drinking Water and Municipal Assistance (headed by Defendant Shekter Smith) which “is unacceptable and simply insufficient to the task of public protection. It led to MDEQ’s failure to recognize a number of indications that switching the water source in Flint would-and did- compromise both water safety and water quality.”
498. The letter also noted that “[t]hroughout 2015, as the public raised concerns and as

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independent studies and testing were conducted and brought to the attention of MDEQ, the agency’s response was often one of aggressive dismissal, belittlement, and attempts to discredit these efforts and the individuals involved.” 499. Further, that “the MDEQ seems to have been more determined to discredit the work of others—who ultimately proved to be right—than to pursue its own oversight responsibility.” 500. Regarding other failures of the state, the report noted that “we are particularly concerned by recent revelations of MDHHS’s apparent early knowledge of, yet silence about, elevated blood lead levels detected among Flint’s children.” 501. “The City of Flint’s water customers—fellow Michigan citizens—were needlessly and tragically exposed to toxic levels of lead through their drinking water supply.” The report also notes that the state government should be responsible for remedying the tragedy, “having failed to prevent it.” 502. On October 26, 2015, the Detroit News published an audacious column from Defendant Earley entitled “Don’t blame EM for Flint water disaster.” He asserted that the tragedy was caused by local leaders, ignoring the MDEQ’s role and the fact that he and his fellow Emergency Managers had entirely usurped local authority at Governor Snyder’s direction. 503. In October 2015, Defendant Shekter Smith was reassigned so as to have no responsibility for Flint’s drinking water. 504. On December 5, 2015, the City of Flint declared a state of emergency. 505. In response to a blog post by professor Edwards entitled “Michigan Health Department Hid Evidence of Health Harm Due to Lead Contaminated Water. Allowed False Public Assurances by MDEQ and Stonewalled Outside Researchers,” the Governor’s Communications Director wrote to Governor Snyder and others “[i]t wasn’t until the Hurley report came out that

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our epidemiologists took a more in-depth look at the data by zip code, controlling for seasonal variation, and confirmed an increase outside of normal trends. As a result of this process, we have determined that the way we analyze data collected needs to be thoroughly reviewed.” 506. In other words, MDHHS’s failure to properly analyze its own data was a matter of practice, pattern, custom, and/or policy contributing to the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint. 507. On December 23, 2015, the Michigan Auditor General provided an investigative report on the crisis, finding that corrosion control should have been maintained from the beginning and that improper sample sites had been selected by the MDEQ. 508. On December 30, 2015, Defendants Wyant and Wurfel resigned. 509. On January 4, 2016, Genesee County declared its own state of emergency. 510. On January 12, 2016, the Governor called the National Guard into Flint and requested assistance from FEMA. 511. On January 13, 2016, the Governor announced the massive spike in Legionnaires’ disease in Genesee County. 512. The Governor’s January 13, 2016 announcement was made ten months after the State was made aware that the spike coincided with the switch to Flint water. 513. On January 16, 2016, President Barack Obama declared a Federal State of emergency in Flint. 514. In his January 19, 2016, State of the State address, Governor Snyder admitted to the people of Flint that “Government failed you at the Federal, State and local level.” 515. On January 21, 2016, EPA’s Susan Hedman resigned over her involvement in the Flint

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Water crisis. Hedman had acted with deliberate indifference to the MDEQ’s failures to follow federal law and guidelines, and helped to silence Mr. Del Toral.
516. On January 21, 2016, the EPA issued an Emergency Order, based on its finding that “the City of Flint’s and the State of Michigan’s responses to the drinking water crisis in Flint have been inadequate to protect public health and that these failures continue.” 517. The Emergency Order included as Respondents the City of Flint, the MDEQ, and the state. 518. The Emergency Order provided for the EPA to conduct its own sampling of lead in Flint’s water and undertake other actions as part of a process “to abate the public health emergency in the City of Flint.” 519. The Emergency Order notes that “[t]he presence of lead in the City water supply is principally due to the lack of corrosion control treatment after the City’s switch to the Flint River as a source in April 2014. The river’s water was corrosive and removed protective coatings in the system. This allowed lead to leach into the drinking water, which can continue until the system’s treatment is optimized.” 520. The Emergency Order indicates that “water provided by the City to residents poses an imminent and substantial endangerment to the health of those persons. Those persons’ health is substantially endangered by their ingestion of lead in waters that persons legitimately assume are safe for human consumption.” 521. Further, the EPA states that “The City, MDEQ and the State have failed to take adequate measures to protect public health.” 522. According to the Emergency Order: “Based upon the information and evidence, EPA determines that Respondents’ actions that resulted in the introduction of contaminants, which

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entered a public water system and have been consumed and may continue to be consumed by those served by the public water system, present an imminent and substantial endangerment to the health of persons.” 523. In a public statement, EPA Administrator Gina McCarthy declared: “Let’s be really clear about why we are here today…We are here today because a state-appointed emergency manager made the decision that the city of Flint would stop purchasing treated water that had well served them for 50 years and instead purchase untreated — and not treat that water — and by law the state of Michigan approved that switch and did not require corrosion control. All to save money. Now that state decision resulted in lead leaching out of lead service pipes and plumbing, exposing kids to excess amounts of lead. That’s why we’re here.” 524. On January 22, 2016 Defendants Shekter Smith and Busch were suspended without pay. 525. Defendant Shekter Smith’s firing was announced on February 5, 2016. 526. At one of several congressional hearings on the subject, EPA Deputy Assistant Administrator Joel Beauvias testified "MDEQ incorrectly advised the City of Flint that corrosion- control treatment was not necessary, resulting in leaching of lead into the city's drinking water… EPA regional staff urged MDEQ to address the lack of corrosion control, but was met with resistance. The delays in implementing the actions needed to treat the drinking water and in informing the public of ongoing health risks raise very serious concerns." 527. Professor Edwards also testified before congress. He claimed that MDEQ “ignored warning sign after warning sign” before engaging in a cover-up. “One-hundred percent of responsibility lies with those employees at the Michigan Department of Environmental Quality. There’s no question,” he testified.

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528. The residents of the City of Flint continue to this day to drink bottled and/or tap water, some with the benefit of a filter.
529. As of the date of filing, the state and federal governments are conducting criminal investigations into the acts herein described.
CLASS ALLEGATIONS
530. Plaintiffs bring this action and seek to certify and maintain it as a class action under Rules 23(a); (b)(1) and/or (b)(2); and (b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and similarly situated individuals in the City of Flint, Michigan, subject to amendment and additional discovery asfollows:
a. all persons in the City of Flint who have been harmed by Defendants’ continuing violation of the Safe Drinking Water Act’s requirement to operate and maintain optimal corrosion control treatment, 40 C.F.R. §§ 141.81-.82;
b. all persons in the City of Flint who have been harmed by Defendants’ continuing violation of the Safe Drinking Water Act’s requirement to notify customers of the individual results of tap water samples tested for lead within 30 days after receiving the results, 40 C.F.R. § 141.85(d)(1), (d)(2);
c. all persons in the City of Flint who have tested positive for the presence of lead in their blood, since April 25, 2014;
d. all persons in the City of Flint who have experienced personal injury as a result of their exposure to elevated lead levels in Flint’s drinking water supply, since April 25, 2014; and
e. all persons in the City of Flint who have owned or rented property in Flint Michigan since April 25, 2014.
531. Excluded from the Class is:
a. Defendants, including any entity or division in which Defendants have a controlling interest, along with their legal representative, employees, officers, directors, assigns, heirs, successors, and wholly or partly owned subsidiaries or affiliates;

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b. the Judge to whom this case is assigned, the Judge’s staff, and the Judge’s immediate family; and
c. all governmental entities. 532. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way.
Numerosity & Ascertainability 533. This action meets the numerosity requirement of Fed. R. Civ. P. 23(a)(1), given that the amount of affected Flint residents and property owners, upon information and belief, has reached the tens of thousands, making individual joinder of class members’ respective claims impracticable. While the precise number of class members is not yet known, the precise number can be ascertained from U.S. Federal Census records, State of Michigan and City of Flint public records, and through other discovery. Finally, Class members can be notified of the pendency of this action by Court-approved notice methods.
Typicality 534. Pursuant to Federal Rules of Civil Procedure 23(a)(3), Plaintiffs’ claims are typical of the claims of class members, and arise from the same course of conduct by Defendants. Plaintiffs’ persons and real property, like all Class Members, has been damaged by Defendants’ misconduct in that they have incurred damages and losses related to the introduction of highly corrosive water from the Flint River into the public water supply, causing lead contamination and personal injury damages, destroying the lead supply pipes, and causing the ongoing water crisis in Flint. Furthermore, the factual bases of Defendants’ actions and misconduct are common to all Class Members and represent a common thread of misconduct resulting in common injury to all Class Members. The relief Plaintiffs seek is typical of the relief sought

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for absent Class Members.
Adequacy of Representation
535. Plaintiffs will serve as fair and adequate class representatives as their interests, as well
as the interests of their counsel, do not conflict with the interest of other members of the class
they seek to represent. Further, Plaintiffs have retained counsel competent and experienced in
class action litigation.
536. Plaintiffs and their counsel are committed to vigorously prosecuting this action on behalf
of the Class.
Predominance of Common Issues of Law
537. There are numerous questions of law and fact common to Plaintiffs and Class Members
that predominate over any question affecting only individual Class Members, the answers to
which will advance resolution of the litigation as to all Class Members. These common legal
and factual issues include the following:
a. whether Defendants engaged in the conduct alleged herein; b. whether optimal corrosion control treatment was identified and implemented, as
required by the Safe Drinking Water Act and the Lead and Copper Rule, pursuant to 40 C.F.R. § 141.81(d)(4), since April 25, 2014, when the switch to the Flint River was made; c. whether Defendants “continued to operate and maintain optimal corrosion control treatment”, as required by the Safe Drinking Water Act and the Lead and Copper Rule, pursuant to 40 C.F.R. §141.82(g); d. the extent to which Defendants know about the lead contamination of the Flint water supply after April 2014 and before notifying Plaintiffs and Class Members; e. whether Defendants’ conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein; f. whether Defendants made unlawful and misleading representations or material omissions with respect to the safety of Flint’s water supply; and g. whether Plaintiff and Class Members are entitled to damages and other monetary relief, including punitive damages, and if so, in what amount.

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Superiority
538. The class action mechanism is superior to any other available means of the fair and efficient adjudication of this case. Further, no unusual difficulties are likely to be encountered in the management of this class action. Given the great amount of Flint residents impacted by Defendants’ conduct, it is impracticable for Plaintiffs and the Class to individually litigate their respective claims for Defendants’ complained of conduct. To do so would risk inconsistent or contradictory judgments and increase delays and expense to both parties and the court system. Therefore, the class action mechanism presents considerably less management challenges and provides the efficiency of a single adjudication and comprehensive oversight by a single court.
Count I– 42 U.S.C. § 1983 – SUBSTANTIVE DUE PROCESS – DEPRIVATION OF CONTRACTUALLY CREATED PROPERTY RIGHT
All Plaintiffs Against Defendants City of Flint, Croft, Glasgow, State of Michigan, Snyder, Earley, Ambrose, MDEQ, Shekter Smith, Wyant, Busch, Cook, Prysby, and Wurfel
539. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 540. Plaintiffs possessed and were deprived of a state contract law created property right to purchase and receive safe, potable drinking water. 541. Plaintiffs’ right was created by the actions of the parties as well as under Section § 4616 et. seq. of the Flint City Ordinance.
542. Plaintiffs’ right is so rooted in the traditions and conscience of the American people as to be ranked as fundamental and protected by the Constitution. 543. Defendants violated Plaintiffs’ property right when, ceasing to provide Plaintiffs with safe, potable water, they provided Plaintiffs with poisonous, contaminated water. 544. The violation of Plaintiffs’ property right is not adequately redressed in a state breach of contract action.

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545. The violation of Plaintiffs’ property right involved Defendants’ failure to adequately train, supervise, and/or hire employees. 546. Defendants’ outrageous, deliberate acts and/or inaction in violating Plaintiffs’ protected property right caused Plaintiffs to suffer injuries. 547. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 548. As a direct and proximate result of all of the above Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) increased risk of cancer, cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), and punitive damages.
Count II – 42 U.S.C. § 1983 – PROCEDURAL DUE PROCESS – DEPRIVATION OF CONTRACTUALLY CREATED PROPERTY RIGHT
All Plaintiffs Against Defendants City of Flint, Croft, Glasgow, State of Michigan, Snyder, Earley, Ambrose, MDEQ, Shekter Smith, Wyant, Busch, Cook, Prysby, and
Wurfel
549. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 550. Defendants deprived Plaintiffs of their contractually based property right to purchase and receive safe, potable drinking water. Without notice or hearing. 551. Defendants have not provided Plaintiffs with just compensation for their taking of Plaintiffs’ property interests.

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552. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 553. As a direct and proximate result of all of the above Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) increased risk of cancer, cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as punitive damages.
Count III– 42 U.S.C. § 1983 –SUBSTANTIVE DUE PROCESS– STATE CREATED DANGER
All Plaintiffs Against Defendants City of Flint, Croft, Glasgow, State of Michigan, Snyder, Kurtz, Earley, Ambrose, MDEQ, MDHHS, Shekter Smith, Wyant, Busch, Cook,
Prysby, Wurfel, Wells, Peeler, Lyon, and Scott 554. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 555. All Defendants, at all times relevant hereto, were acting under the color of law in their individual and official capacities as State and City officials, and their acts and/or omissions were conducted within the scope of their official duties and employment.
556. Plaintiffs herein, at all times relevant hereto, have a clearly established Constitutional right under the Fourteenth Amendment.
557. Under the Due Process Claus of the Fourteenth Amendment, state officials may not deprive an individual of life, liberty or property without due process of law. The Due Process

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Clause does not require the state and its officials to protect individuals from harms, but the Due Process Clause does prohibit state officials from engaging in conduct that renders an individual more vulnerable to such harms.
558. Plaintiffs claim that they were injured and their property was damaged as a result of all of the named Defendants’ decisions to connect to the Flint River as the primary water source, with knowledge and intent, and under the false pretenses that the water was safe despite knowing to the contrary and continuously denying that fact until they no longer could. As a result the Plaintiffs and the putative class were exposed and re-exposed to toxic levels of lead. 559. Defendants’ actions and omissions with regard to the switch to the Flint River, as described herein, were objectively unreasonable in light of the facts, c ircumstances and information readily available to them, and therefore violated the Fourteenth Amendment rights of Plaintiffs. 560. Defendants engaged in the conduct described herein, willfully, maliciously, in bad faith, and in reckless disregard to Plaintiffs’ protected constitutional rights. 561. They did so with shocking and willful indifference to Plaintiffs’ rights and their conscious awareness that they would cause Plaintiffs severe physical and emotional injuries. 562. Plaintiffs and the putative class claim that all of the individual defendants rendered them more vulnerable to harm by connection to the Flint River as the primary water source with the aim of balancing the municipal budget. 563. The State’s decision and its overt act, through its agents, servants and employees, to discontinue receiving water from the DWSD and actually switching to the Flint River water supply as the primary source of water with the express knowledge and intent to do so while knowing that it could not be safely done for all Plaintiffs and the putative act constitutes an

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affirmative act by the State. Furthermore, the City under the direction of the State and all of the individual defendants named herein, with knowledge and intent, disseminated information that they knew to be false that resulted in the Plaintiffs’ use of the Flint River water for all purposes. The state created the all but certain risk that Plaintiffs and their property would be exposed and re-exposed to high levels of lead in the toxic water. 564. Plaintiffs and the putative class were all residents and property owners in Flint, ascertainable by both name and address, when the Flint River water source went online. 565. The State and City knew that water would distributed to all of the Plaintiffs, and those Plaintiffs specifically, based on their records, billing information, home addresses that were all identifiable from Flint’s City water bills. 566. The private engineering Defendants made clear that the Flint Water Treatment plant was not adequately suited to treat the Flint River water when the Flint River went online in April 2014 and the State agencies reported that it was an unsuitable source of water. 567. After the Flint River went online, the individual Defendants continued to assure the residents and property owners of Flint that the water was safe for all uses, causing them to be continuously exposed and re-exposed to the toxic water from the Flint River. 568. Defendants knowingly made the above misrepresentations with full knowledge that their misrepresentations would fraudulently induce both reliance and use of the Flint River as a toxic water source for the foreseeable future. 569. Defendants’ special and exclusive knowledge of the toxic conditions that existed in Flint’s water supply knowingly exposed and re-exposed the Plaintiffs to the harmful conditions substantially likely to cause harm. 570. In addition to compensatory, economic, consequential and special damages, Plaintiffs

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are entitled to punitive damages against each of the individually named Defendants under 42 U.S.C. § 1983, in that actions of each of these Defendants have been taken maliciously, willfully or with a reckless or wanton disregard of the constitutional rights of Plaintiffs.
Count IV– 42 U.S.C. § 1983 – SUBSTANTIVE DUE PROCESS - BODILY INTEGRITY
All Plaintiffs Against Defendants City of Flint, Croft, Glasgow, State of Michigan, Snyder, Earley, Ambrose, MDEQ, MDHHS, Shekter Smith, Wyant, Busch, Cook,
Prysby, Wurfel, Wells, Peeler, Lyon, and Scott 571. Plaintiffs incorporate every allegation in this complaint as if fully restated herein.
572. Plaintiffs and the putative class have a right to bodily integrity under the Fourteenth Amendment. 573. At all times relevant hereto, that right is and has been well established. 574. In providing Plaintiffs with contaminated water, and/or causing Plaintiffs to consume that water, Defendants exposed and/or failed to protect Plaintiffs from a foreseeable risk of harm. 575. As a result of Defendants’ actions and/or omissions, Plaintiffs suffered bodily harm and their rights to bodily integrity were violated. 576. Defendants’ actions were malicious, reckless, and/or were made with deliberate indifference to Plaintiffs’ constitutional rights. Defendants engaged in these acts willfully, maliciously, in bad faith, and/or in reckless disregard for Plaintiffs’ constitutional rights. 577. Defendants’ actions shock the conscience of Plaintiffs and of any reasonable person. 578. As a direct and proximate result of Defendants’ unlawful conduct, Plaintiffs have suffered injuries and seek relief as described in this complaint. 579. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries.

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580. As a direct and proximate result of all of the above Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) increased risk of cancer, cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), and punitive damages.
Count V- BREACH OF CONTRACT All Plaintiffs Against Defendants Flint and State of Michigan
581. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 582. Defendant City of Flint, by its statutes and by offering services to its residents, offers to sell potable, safe drinking water to its residents. 583. Plaintiffs accepted the offer by utilizing Flint’s water, agreeing to pay for the water, and tendering payment for the water. 584. Plaintiffs and Defendant City of Flint entered into a contract for the purchase and sale of potable, safe drinking water. 585. Defendant State of Michigan overtook the local government of Flint and assumed and/or shared its duties under the contract to sell potable, safe drinking water to Plaintiffs. 586. Defendants materially and irreparably breached the contract with Plaintiffs by failing to provide potable, safe drinking water, and instead providing harmful, foul, contaminated water unfit for human consumption.

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587. As a result of Defendants’ breach, Plaintiffs suffered damages in the amount of all debts and obligations for Flint water, whether tendered or untendered, and as stated throughout this complaint. 588. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 589. As a direct and proximate result of the above Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) increased risk of cancer, cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), and exemplary damages.
Count VI- BREACH OF IMPLIED WARRANTY All Plaintiffs Against Defendants Flint and State of Michigan
590. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 591. The State of Michigan and the City of Flint directly promised to provide water that was fit for human consumption and/or impliedly promised that the water was fit for human consumption. 592. The State of Michigan and the City of Flint have both admitted that the water it supplied was contamination, including being poisoned with lead, and therefore clearly not fit for its intended use of human consumption. 593. The provision of water unfit for its intended purpose and/or the admission that the water

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was not fit for its intended purpose constitute material breaches of an implied warranty and/or contract. 594. Defendants are liable to Plaintiffs and the putative class for all amounts billed and/or charged and/or collected, whether paid or unpaid, for water that was unfit for human consumption. 595. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 596. As a direct and proximate result of the individual Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) increased risk of cancer, cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), and exemplary damages.
Count VII– NUISANCE All Plaintiffs Against All Defendants
597. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 598. Defendants’ actions in causing foul, poisonous, lead contaminated water to be delivered to the homes of Plaintiffs resulted in the presence of contaminants in Plaintiffs’ properties and/or persons. 599. Defendants’ actions substantially and unreasonably interfered with Plaintiffs’ comfortable living and ability to use and enjoy their homes, constituting a nuisance.

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600. Plaintiffs did not consent for foul, poisonous, lead contaminated water to physically invade their persons or property. 601. Plaintiffs suffered injuries and damage to their persons and/or properties as a direct and proximate result of Defendants’ actions in causing lead contaminated water to be delivered to their homes. 602. Defendants’ actions in causing a substantial and unreasonable interference with Plaintiffs’ ability to use and enjoy their properties constitutes a nuisance and Defendants are liable for all damages arising from such nuisance, including compensatory and exemplary relief. 603. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries.
604. As a direct and proximate result of the Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as exemplary damages.
Count VIII –TRESPASS All Plaintiffs Against All Defendants
605. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 606. Defendants’ negligent, grossly negligent, willful, and/or wanton conduct and/or failures to act caused contaminants to enter upon Plaintiffs’ property and into Plaintiffs’ persons.

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607. Defendants, knowingly or in circumstances under which they should have known, engaged in deliberate actions that released contaminants which were substantially certain to invade the properties of Plaintiffs and the putative class. 608. Defendants knew or should have known of the likelihood that corrosive water would cause lead to drink into Plaintiffs’ drinking water. 609. Defendants’ actions resulted in contaminants entering into Plaintiffs’ persons and properties, causing injury and damage to person and property. 610. Defendants’ actions were done with actual malice or wanton, reckless or willful disregard for Plaintiffs’ safety, rights, and/or property.
611. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 612. As a direct and proximate result of the Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), and exemplary damages.
Count IX- UNJUST ENRICHMENT All Plaintiffs Against Defendants State of Michigan and City of Flint
613. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 614. Defendants have received the benefits of the funds paid by Plaintiffs for contaminated

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water that was and is unfit for human consumption. 615. Defendants have utilized these funds for the operation of the government(s) of Flint and/or Michigan. 616. The retention of the benefit of the funds paid by Plaintiffs constitutes unjust enrichment in the amount of all funds paid for water that was unfit for human consumption. 617. It would be unjust to allow Defendants to retain the benefit they obtained from Plaintiffs. 618. Plaintiffs are entitled to exemplary damages.
Count X –NEGLIGENCE/PROFESSIONAL NEGLIGENCE/GROSSNEGLIGENCE All Plaintiffs Against Defendant Veolia North America, LLC
619. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 620. Veolia undertook, for consideration, to render services for the City of Flint which it should have recognized as necessary for the protection of Plaintiffs, the putative class, and/or their property. 621. Veolia undertook to perform a duty owed to Plaintiffs and the putative class by the City of Flint and/or the State of Michigan. 622. Based on its undertaking, Veolia had a duty to Plaintiffs and the putative class to exercise reasonable care to protect that undertaking. 623. Plaintiffs and the putative class relied on the City, State, and/or Veolia to perform the duty to inspect the City’s water supply to make sure that it was safe. 624. Veolia failed to undertake reasonable care and conduct as a professional engineering firm. 625. Veolia failed to exercise reasonable care in inspecting the city’s water system and

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issuing its interim and final reports. 626. Veolia failed to exercise reasonable care when it declared that Flint’s drinking water met federal and/or state and/or all applicable requirements. 627. Veolia failed to exercise reasonable care when it represented that Flint’s drinking water was safe. 628. Veolia failed to exercise reasonable care when it discounted the possibility that problems unique to Flint’s water supply were causing medical harms. 629. Veolia failed to exercise reasonable care when it failed to warn about the dangers of lead leaching into Flint’s water system.
630. Veolia failed to exercise reasonable care when it did not forcefully recommend the immediate implementation of corrosion control for purposes of preventing lead contamination in Flint’s water supply. 631. Plaintiffs and the putative class suffered harm resulting from Veolia’s failures to exercise reasonable care to protect its undertaking. 632. Veolia’s failures to exercise reasonable care to protect its undertaking proximately caused the Plaintiffs’ injuries and were entirely foreseeable. 633. Veolia is liable to Plaintiffs and the putative class for all harms resulting to themselves and their property from Veolia’s failures to exercise reasonable care. 634. Veolia’s liability includes without limitation personal injuries, illnesses, exposure to toxic substances, and property damage suffered by Plaintiffs and the putative class as a result of Veolia’s failures to exercise reasonable care. 635. Veolia’s conduct and/or failure(s) to act constitute gross negligence that rises to the level of recklessness because it was so reckless that it demonstrates a substantial lack of

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concern for whether an injury would result. 636. Veolia’s actions and/or omissions were a and/or the proximate cause of the Plaintiffs’ injuries. 637. As a direct and proximate result of Veolia’s actions and/or omissions, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of pree xisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as punitive and/or exemplary damages.
Count XI- NEGLIGENCE/PROFESSIONAL NEGLIGENCE/GROSSNEGLIGENCE All Plaintiffs Against Defendant LAN and Rowe
638. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 639. LAN and Rowe undertook, for consideration, to render services for the City of Flint which it should have recognized as necessary for the protection of Plaintiffs, the putative class, and/or their property. 640. LAN and Rowe undertook to perform a duty owed to Plaintiffs and the putative class by the City of Flint and/or the State of Michigan. 641. Based on its undertaking, LAN and Rowe had a duty to Plaintiffs and the putative class to exercise reasonable care to protect that undertaking. 642. Plaintiffs and the putative class relied on the City, State, LAN and/or Rowe to perform

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the duty to ensure the proper treatment of the new water source(s). 643. LAN and Rowe failed to exercise reasonable care in preparing for and executing the transition from treated DWSD water to untreated Flint River water. 644. LAN and Rowe failed to undertake reasonable care and conduct as a professional engineering firm. 645. LAN and Rowe failed to exercise reasonable care when they did not implement corrosion control in a system containing lead pipes that was being transitioned onto a highly corrosive water source. 646. Plaintiffs and the putative class suffered harm resulting from LAN and Rowe’s failures to exercise reasonable care to protect their undertaking. 647. LAN and Rowe’s failures to exercise reasonable care to protect its undertaking proximately caused the Plaintiffs’ injuries and were entirely foreseeable.
648. LAN and Rowe are liable to Plaintiffs and the putative class for all harms resulting to themselves and their property from their failures to exercise reasonable care. 649. LAN and Rowe’s liability includes without limitation personal injuries, illnesses, exposure to toxic substances, and property damage suffered by Plaintiffs and the putative class as a result of LAN and Rowe’s failures to exercise reasonable care. 650. LAN and Rowe’s conduct and/or failure(s) to act constitute gross negligence that rises to the level of recklessness because it was so reckless that it demonstrates a substantial lack of concern for whether an injury would result. 651. LAN and Rowe’s actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 652. As a direct and proximate result of LAN and Rowe’s actions and/or omissions, Plaintiffs

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and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as punitive and/or exemplary damages.
COUNT XII – GROSS NEGLIGENCE All Plaintiffs against Defendants Snyder, Muchmore, Croft, Glasgow, Kurtz, Earley, Ambrose, MDEQ, MDHHS, Shekter Smith, Wyant, Busch, Cook, Prysby, Wurfel, Wells,
Dykema, Peeler, Scott and The City of Flint 653. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 654. Defendants independently owed Plaintiffs and the putative class a duty to exercise reasonable care. 655. Defendants undertook, for consideration, to perform a duty owed to Plaintiffs and the putative class by the City of Flint and/or the State of Michigan. 656. Based on their undertakings, Defendants had a duty to Plaintiffs and the putative class to exercise reasonable care to protect that undertaking. 657. Plaintiffs and the putative class relied on the City, State, and/or Defendants to perform the duty to ensure the proper treatment of Flint River Water. 658. Plaintiffs and the putative class relied on the City, State, and/or Defendants to perform the duty to disclose known hazards in their drinking water. 659. Defendants failed to exercise reasonable care. 660. Defendants breached their duties to Plaintiffs in ways including but not limited to the

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following: a. Failing to require corrosion control treatment of Flint River water; b. Failing to conduct proper testing of Flint’s water; c. Failing to require proper testing of Flint’s water; d. Failing to respond to evidence that Flint’s water was improperly treated; e. Misrepresenting that corrosion control treatment had been implemented; f. Publically declaring unsafe water to be safe to drink; g. Ignoring evidence that Flint’s water was unsafe to drink; h. Withholding information that showed that Flint’s water was unsafe to drink; i. Publically discrediting those who claimed that Flint’s water may not be safe to drink; j. Failing to warn Plaintiffs the public that Flint’s water was not safe to drink.
661. Plaintiffs and the putative class suffered harm resulting from Defendants’ failures to exercise reasonable care. 662. Plaintiffs and the putative class suffered harm resulting from Defendants’ failures to exercise reasonable care to protect their undertakings. 663. Defendants’ failures to exercise reasonable care to protect their undertakings proximately caused the Plaintiffs’ injuries and were entirely foreseeable. 664. Defendants are liable to Plaintiffs and the putative class for all harms resulting to themselves and their property from Defendants’ failures to exercise reasonable care. 665. Defendants’ liability includes without limitation personal injuries, illnesses, exposure to

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toxic substances, and property damage suffered by Plaintiffs and the putative class as a result of Defendants’ failures to exercise reasonable care. 666. Defendants’ actions and/or omissions were the proximate cause of the Plaintiffs’ injuries. 667. All of the above individual Defendants’ conduct and/or failure to act constitute gross that rises to the level of recklessness because it demonstrates a substantial lack of concern and wanton disregard for whether injury would result. 668. As a direct and proximate result of the above individual Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of pre-existing conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as punitive and/or exemplary damages.
COUNT XIII- INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS All Plaintiffs against Defendants Snyder, Muchmore, Croft, Glasgow, Kurtz, Earley, Ambrose, MDEQ, MDHHS, Shekter Smith, Wyant, Busch, Cook, Prysby, Wurfel, Wells,
Dykema, Peeler, Scott and The City of Flint 669. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 670. Defendants’ outrageous conduct in causing, prolonging, and obscuring Plaintiffs’ exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. 671. Defendants’ outrageous conduct was intentional and/or reckless and made with a conscious disregard for the rights and safety of Plaintiffs and the putative class.

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672. Defendants’ outrageous conduct caused severe distress to Plaintiffs and the putative class. 673. Defendants’ outrageous conduct was the proximate cause of Plaintiffs’ injuries. 674. As a direct and proximate result of the above individual Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) increased risk of harm, cognitive deficits, lost earning capacity, aggravation of preexisting conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as punitive and/or exemplary damages.
COUNT XIV – NEGLIGENT INFLICTION OF EMOTIONAL DISTRESS All Plaintiffs against Defendants Snyder, Muchmore, Croft, Glasgow, Kurtz, Earley,
Ambrose, Shekter Smith, Wyant, Busch, Cook, Prysby, Wurfel, Wells, Dykema, Peeler, Scott
675. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 676. Defendants’ negligent acts complained of in this Complaint
677. Defendants were in a special relationship to Plaintiffs and the putative class, being persons entrusted with the protection of their most basic needs – water, health, and safety. 678. The distress caused to Plaintiffs and the putative class by Defendants was highly foreseeable. 679. Defendants placed Plaintiffs and the putative class in a zone of physical danger, causing them severe emotional distress. 680. Plaintiffs and the putative class have contemporaneously perceived the exposure of their

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immediate family members to lead contaminated water. 681. Defendants’ grossly negligent acts were the proximate cause of Plaintiffs’ contemporaneous perception of their loved ones exposure to lead contaminated water. 682. Defendants’ grossly negligent acts were the proximate cause of Plaintiffs being placed into a zone of physical danger and resulting severe emotional distress. 683. Defendants’ grossly negligent acts were the proximate cause any and all severe emotional distress related to their own exposure and their families’ exposure to lead contaminated water. 684. As a direct and proximate result of the above individual Defendants’ conduct and/or failures to act, Plaintiffs and the putative class have suffered past, present and future personal injuries, including but not limited to: various health problems (including without limitation hair, skin, digestive and other organ problems), increased risk of cancer, physical pain and suffering, mental anguish, fright and shock, disability, denial of social pleasures and enjoyments, embarrassment, humiliation, and mortification, medical expenses, wage loss, brain and/or developmental injuries including (without limitation) cognitive deficits, lost earning capacity, aggravation of pre-existing conditions, contract damages and property damages (including but not limited to damaged plumbing and lost real property value), as well as punitive and/or exemplary damages.
COUNT XV – CIVIL RICO All Plaintiffs against Defendants Snyder, Muchmore, Kurtz, Earley, Ambrose, Shekter Smith, Wyant, Wurfel, Busch, Cook, Prysby, Lyon, Wells, Peeler, Scott, Dykema, Croft,
Glasgow, Walling, Rowe, LAN and Veolia 685. Plaintiffs repeat and re-allege each and every allegation contained in this complaint with the same force and effect as if asserted herein.

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686. Plaintiffs furthermore incorporate all the facts and allegations contained in plaintiffs’ RICO case statement attached with this complaint as required by Standing Order in Civil RICO cases. 687. These RICO claims arise from 18 U.S.C. Sec. 1962 (c) and (d). 688. The RICO defendants named herein conspired to, and for approximately two years did, intentionally and knowingly misrepresent the suitability and safety of the Flint River to Flint’s residents on a repeated basis. 689. Numerous other bad actors including The State of Michigan, MDEQ, MDHSS, and The City of Flint participated in the conspiracy and association in fact enterprise set forth herein. These government actors are referred to as “RICO enterprise actors” herein due to the fact they cannot be named as RICO defendants. 690. This conspiracy originated from Flint’s budget deficit. 691. Flint’s budget deficit could have been safely addressed by invoking time tested, wellhoned federal bankruptcy protections under the supervision of a Federal bankruptcy Judge, for restructuring the debts of municipalities. 692. While municipal bankruptcy was one of the solutions RICO Defendants Snyder and Michigan Emergency Managers were authorized to pursue, bankruptcy petitions for Flint were not filed.
693. Instead, RICO defendant Snyder, through Emergency Managers and RICO defendants Earley, Kurtz, and Ambrose utilized their power and authority over the City of Flint to execute Flint’s switch to the free but toxic Flint River in April , 2014, for purposes of generating revenue and balancing the Flint budget.

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694. The switch to the toxic but free Flint River required coordinated efforts of the Enterprise actors named herein including The State of Michigan, MDEQ, MDHSS, and The City of Flint to ensure the public trusted and relied on the safety and suitability of the Flint River water distributed to their homes and made available for use.
695. The RICO defendants named herein acted in concert with the Enterprise actors to carry out the fiscal scheme and conspiracy to balance Flint’s budget through the fraudulent sale of toxic Flint River, and actively attempted to conceal the toxic conditions that they caused for a two-year period.
The RICO Defendant’s Conspiracy to balance Flint’s Budget Through the use of the Free Flint River
696. The essence of this conspiracy through the Rico defendants and the Enterprise Actors was to balance the City budget, by switching to a free water source and charging Flint residents the highest rates in the nation for toxic water.
697. By using this fraudulent budget-balancing scheme, the Flint General Budget deficit of $12.9 million as of June 30, 2012 disappeared and by June 30, 2015 a positive General Fund Balance of $3.3 million was achieved.
698. The RICO defendants never intended to use the free water of the Flint River as a permanent solution because they knew that the Flint River had not been proven to be safe to use as drinking water.
699. Rather, the RICO defendants intended to discontinue buying safe water from Detroit in 2014 and to switch to buying the less expensive safe water from Lake Huron in late 2016.

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700. However, there was a time gap of at least two years until the infrastructure to bring the Lake Huron to Flint was in place.
701. From a government standpoint, this financial scheme and conspiracy started at the top with Governor Snyder. 702. Governor Snyder delegated authority, specifically financial authority, to Emergency Managers, Kurtz, Earley and Ambrose, who took complete fiscal control of Flint Michigan starting in 2011. 703. Governor Snyder, through his Emergency Managers Kurtz, Early, and Ambrose successfully forced Flint’s switch to the free Flint River as a primary free water source. 704. Flint’s Emergency Manager would even veto the City of Flint’s 7-1 City Council vote to disconnect from the toxic Flint River on March 23, 2015. 705. Therefore, The Governor, through Emergency Manager Ambrose forced Flint to remain connected to the toxic Flint River after the powerless City Council voted to return to DWSD because of the toxic conditions created by the Flint River. 706. Despite Flint’s City Council’s vote to disconnect, which clearly demonstrated the City’s knowledge that the free Flint River was unsafe as a water source, The City of Flint continued to charge Flint residents the highest rates in the nation for water known to be unsafe for use. 707. The Governor knew there were very serious issues stemming from Flint’s use of the free Flint River as primary water source, because his chief of staff Muchmore communicated these very issues of toxic conditions to the Governor on July 22, 2015. 708. The Governor’s (himself, and through his Emergency Managers) insistence that the free Flint River be used as a primary water source to balance the City budget required the use of the Enterprise Actors and their employees to effectively carry out this scheme.

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709. Through all the individual RICO defendants named herein, the Governor, Muchmore, Emergency Managers, Enterprise Actors and their employees and agents, imposed their financial agenda of raising revenue on free Flint River water to re-balance the City of Flint’s budget onto unsuspecting and uninformed Flint residents and business and property owners. 710. Pursuant to 18 U.S.C § 1962(c), the RICO defendants and resulting enterprise committed culpable conduct giving rise to RICO liability. 711. The RICO defendants named herein have identities, jobs, and roles that are separate and distinct from the association in fact enterprise that they formed as set forth herein. 712. The RICO Defendants, Shekter Smith, Lyon, Wurfel, Wyant, Busch, Cook, Prysby, Croft and Glasgow, LAN, Rowe, and Veolia were responsible for monitoring the water treatment plant and ensuring compliance with local state and Federal laws to ensure the Flint water treatment plant was not providing contaminated, poisoned or otherwise unsafe water for any use by Flint residents and property owners.
a. The following laws Federal and State laws and regulations govern safe drinking, including but not limited to: i. Michigan Safe Drinking Water Act, 1976 Public Act 399, MCL § 325.1001 – 325.1023, Michigan Department of Environmental Quality Guidance on Michigan Safe Drinking Water Act of 1976, EQC2050 (01/29/2003). ii. Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. § 1251 – 1376, EPA Lead & Copper Rule, 40 C.F.R. § 141, EPA Safe Drinking Water Act, 42 U.S.C. § 300, Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. § 1906 et seq. (see through § 9675), Federal Water Pollutants Control Amendments of 1972, 33 U.S.C. § 1319(c)(2).

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713. RICO Defendants, Shekter Smith, Wurfel, Wyant, Busch, Cook, Prysby, Croft, and Glasgow were required to perform various testing procedures and verification processes under the above Federal and State laws, rules and regulations, to assure that the allegations of toxicity were false and that the Flint River water was safe. 714. RICO Defendants, Shekter Smith, Wurfel, Wyant, Busch, Cook, Prysby, Croft and Glasgow knowingly failed to satisfy the above regulations that were required to verify that the water provided to the Flint property owners and residents was safe. 715. James Henry of the Genesee County Health Department made several written and verbal requests for specific information starting October 2014 to investigate the safety of Flint’s water and potential health risks, including a Freedom of Information Act request on January 27, 2015. MDEQ denied Henry’s request to meet with MDEQ, Flint water plant staff, and willfully refused to comply with The Genesee Health Department’s document requests to conceal the known toxic hazards that existed in Flint’s water supply. 716. Each of the individual RICO Defendants knew, and acquired actual knowledge and information through the dissemination of emails, through phone conversations, memos, scientific reports, news stories, and public response correspondence that the water was untreated, toxic and unfit for any use, including ingestion, yet continued to misrepresent, assure and reassure that the citizens and property owners of Flint relied upon, that the water was safe for all uses. 717. RICO Defendants knew, and acquired actual knowledge and information through the dissemination of emails, through phone conversations, memos, scientific reports, news stories, and public response correspondence that the water was untreated, toxic and unfit for any use, including ingestion, yet continued to misrepresent, assure and reassure the citizens and property owners of Flint that the water was safe for all uses and there was not an increase to the amount of

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children diagnosed in Flint with elevated blood lead levels. 718. The RICO defendants set forth herein justifiably induced the reliance of Flint’s residents to reasonably believe the water they were paying for was safe for all uses and treated so as to prevent harm to their properties, businesses, and homes.
719. Reliance is clear under these circumstances as Plaintiffs and the putative class not only used the water, but paid and continued to pay bills for toxic water in reliance on Rico Defendants repeated, known misrepresentations and denials as to whether Flint’s water was safe for use, despite Rico Defendants evidence and knowledge to the contrary.
720. The RICO Defendants have committed and repeated numerous predicate acts of racketeering within the meaning of the RICO statute that constitute violations thereof. 18 U.S.C.
§ 1961(1)(B) (both mail fraud and wire fraud), and 18 U.S.C. §1961(1)(D) (municipal bankruptcy).
721. Specifically relating to bankruptcy, the following predicate acts by the RICO Defendants constitute violations of 11 U.S.C. § 152 (8), which states that “after filing of a case under Title 11 or in contemplation thereof, knowingly makes a false entry in any recorded information
(including books, documents, records, and papers) relating to the property or financial affairs of the debtor……”
a. After Governor Snyder’s signing of PA 436 in 2012, addressing the Flint budgetary crisis, Flint’s, state run government had a “choice” of four options to remedy the fiscal crisis: (i) a consent agreement, (ii) Chapter 9 municipal bankruptcy, (iii) mediation or (iv) the appointment of an Emergency Manager with similar broad powers to the prior statute’s Emergency Manager.
b. Under PA 436, Flint had to contemplate filing a Chapter 9 municipal bankruptcy petition. Upon information and belief, the government contemplated filing a chapter 9 bankruptcy petition but rejected this option and opted to appoint an Emergency Manager in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint. This was the first of two predicate acts.

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c. Once the Governor appointed an Emergency Manager, instead of filing a Chapter 9 municipal bankruptcy, The Emergency Manager committed the second predicate. Specifically, the Emergency Manager had to choose between the same three remaining options: (i) a consent agreement, (ii) a Chapter 9 municipal bankruptcy or (iii) mediation to remedy Flint’s fiscal crisis. The Emergency Manager contemplated and rejected these options and instead he and his enterprise chose to deal with Flint’s “Financial Emergency” by, inter alia, doing prohibited acts under bankruptcy Sec. 157(8), fraudulently misrepresenting assets Emergency Manager opted to conceal and mitigate the financial emergency by fraudulently switching to an unsafe and free water source for the two year interstice when they terminated the water contract with DWSD in March 2013. In so doing, by selling an estimated $50 million of toxic water to Flint residents, as part of his budget balancing scheme.
d. This was fraudulent in that all knew they were switching to the unsafe, contaminated and toxic but free water source from the Flint River in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint.
e. These acts were done in order to prevent the irate citizens of the City of Flint from knowing that the money cost-cutting plan to balance the budget and alleviate the City’s Financial Emergency was to give them toxic water for two years.
f. If the City and citizens of Flint had known the truth about the toxicity of the Flint River water, they could have joined together and filed an involuntary petition for protections under a Chapter 9 bankruptcy proceeding and the supervision of a bankruptcy judge would have forced the City of Flint, the municipal debtor, to stop balancing the Flint books by selling them poisoned drinking water. Involuntary bankruptcy petitions may be filed against a municipality.
722. The predicate acts committed by the Enterprise Actor City of Flint, under the auspices of
RICO Defendants Snyder, Muchmore, and Emergency Managers who subsumed the City of Flint
government, and RICO defendants named herein constitute mail fraud in violation of 18 U.S.C. §
1341 which says “Whoever, having devised or intending to devise any scheme or artifice to
defraud………..for the purpose of executing such scheme or artifice or attempting so to do,
places in any post office or authorized depository for mail matter, any matter or thing whatever
to be sent or delivered by the Postal Service, any such matter or thing, shall be fined under this

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title or imprisoned not more than 20 years, or both” include the following predicate acts:
a. Enterprise Actor City of Flint had continuously mailed water bills for toxic water to Flint property owners on a monthly basis which fraudulently misrepresented that the City was providing property and business owners with safe, clean water in exchange for consideration. These bills, delivered by way of the U.S. mail through interstate commerce and mailed back by Flint property owners, some of them out of state, by placing postage upon envelopes deposited in mailboxes and sent back through interstate commerce, constitute mail fraud by the City of Flint. Flint continued to mail these water bills that property owners were required to pay beginning for the April 2014 water and continuing until March 9, 2016, when the Mayor of Flint announced that the City would suspend billing.
b. The property owners of Flint were subject to the highest public water rates in the country. They were billed, on average, $864.32 annually for the toxic water they received which is well above the U.S. average of $316.20 for public water systems.
c. RICO individual Defendant Michael Glasgow, the water treatment plant’s laboratory and water quality supervisor, informed the MDEQ by letter on April 16, 2014, that he was “expecting changes to our Water Quality Monitoring parameters, and possibly our Disinfection Byproduct monitoring on lead & copper monitoring plan… Any information would be appreciated, because it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible… I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.” The next day, Glasgow wrote to MDEQ, including Individual Rico Defendants Prysby and Busch, noting that he “assumed there would be dramatic changes to our monitoring. I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.”
d. On April 23, 2014 e-mail from RICO individual Defendant Busch to RICO individual Defendant Wurful admits knowing that the Flint River drinking water it was selling Flint residents was an inconsistent low quality water source. In his email, Bush states that, “While the Department is satisfied with the City’s ability to treat water from the Flint River, the Department looks forward to the long term solution of continued operation of the City of Flint Water Treatment Plant using water from the KWA as a more consistent and higher quality source water.”
e. On April 25, 2014, The Flint Department of Public Works through Director and Rico individual Defendant Howard Croft issued a statement in a press release that was known to be false and therefore fraudulently represented to the public, “ The test

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results have shown that our water is not only safe, but of the high quality that Flint customers have come to expect. We are proud of that end result.” This statement was made at a time that the City of Flint was aware no corrosion controls were in place and that the Flint water treatment plant was not upgraded and therefore not ready to distribute water to Flint residents, in furtherance of the over-arching fiscal scheme to balance the budget at all costs by selling the residents of Flint toxic drinking water in conscious disregard of the health, property, and prosperity of the citizens of Flint.
f. Discussing General Motors’ decision, Rico individual Defendant Prysby wrote to Rico individual Defendants Busch, Shekter Smith and others that the Flint River water had elevated chloride levels. He stated that “although not optimal” the water was “satisfactory.” He noted that he had “stressed the importance of not branding Flint’s water as ‘corrosive’ from a public health standpoint simply because it does not meet a manufacturing facility’s limit for production.”
g. On January 2, 2015, the City of Flint mailed a notice to its water customers indicating that it was in violation of the Safe Drinking Water Act due to the presence of trihalomethanes in the Flint River, which was a product of attempting to disinfect the water. It was nonetheless claimed that the water was safe to drink for most people with healthy immune systems.
h. Individual Rico Defendant Bradley Wurfel, MDEQ Director of Communications, issued a press release on September 2, 2015 stating “[W]e want to be very clear that the lead levels being detected in Flint drinking water are not coming from the treatment plant or the city’s transmission lines… The issue is how, or whether, and to what extent the drinking water is interacting with lead plumbing in people’s homes….the results reported so far fail to track with any of the lead sampling conducted by the city. In addition, Virginia Tech results are not reflected by the blood lead level testing regularly conducted by the state department.” This false statement was made to direct blame for the untreated water from Enterprise Actor MDEQ to the property owners’ aged plumbing infrastructure in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint.
i. On September 9, 2015, individual Rico Defendant Bradley Wurfel of MDEQ again fraudulently misrepresented the quality of Flint’s Water supply through publically disseminated untrue statements in a local newspaper by stating, when he told a reporter: “[T]he state DEQ is just as perplexed by Edwards’s results as he seems to be by the city’s test results, which are done according to state and federal sampling guidelines and analyzed by certified labs.” This statement was made with full knowledge that at least one EPA employee had told MDEQ that its testing was not being conducted according to federal guidelines.

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j. In a September 17, 2015 letter, individual Rico Defendant Dan Wyant (Director of MDEQ) wrote a response to an inquiry from various legislators, disavowing any responsibility for reacting to Mr. Del Toral’s alarm- sounding memorandum: “With respect to the draft memo referenced in your letter, the MDEQ does not review or receive draft memos from the USEPA, nor would we expect to while it is a draft.” This statement was untrue as MDEQ had undeniably reviewed Miguel Del Toral’s expert report that charged MDEQ with highly credible evidence of notice of the toxic threats facing Flint residents as a result of their failure to comply with the Lead & Copper Rule.
k. On September 28, 2015, and after a significant uptick in infants showing elevated blood lead levels in Flint, individual Rico Defendant Bradley Wurfel issued another public statement again misrepresenting that Flint’s water safe.
723. The predicate acts committed by the RICO defendants constituting wire fraud in violation
of 18 U.S.C. § 1343 (Fraud by Wire, Radio or Television) which says, “Whoever, having
devised or intending to devise any scheme or artifice to defraud, or for obtaining money or
property by means of false or fraudulent pretenses, representations, or promises, transmits or
causes to be transmitted by means of wire, radio, or television communication in interstate or
foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing
such scheme or artifice, shall be fined under this title or imprisoned not more than 20 years, or
both” include:
a. Plaintiff incorporates all items listed in the mail fraud section as these misrepresentations that fraudulently induced reliance of the Flint community that the water supply was safe for use, clean, and worthy of consumption these misrepresentations were also transmitted by way of radio and television based media sources.
b. On April 25, 2014, RICO Defendant Mayor of Flint Dayne Walling, went on TV to alert the public of the switch to the Flint River as the City’s primary water source. In doing so, Dayne Walling said ““It’s regular, good, pure drinking water, and it’s right in our backyard”, and did so while knowing the City’s water treatment facility had not had any of the necessary corrosion controls implemented by RICO Defendants.
c. Furthermore, as property and business owners in Flint were receiving water bills that fraudulently induced reliance and payment for water that the City, State and private

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RICO Defendants and Enterprise Actors and individual Rico Defendants each had knowledge was contaminated; many of the Flint property and business owners paid their bills online through the City of Flint website with credit cards or ACH or by returning the bill by mail with an enclosed check that was processed by their banks. These water payments, which totaled an estimated $50 million were processed through the Federal banking system which included the use of wires.
d. This continued from the date of the original switch from the Detroit Water and Sewer Department to the Flint River on April 25, 2014 up and until Mayor Weaver suspended billing on March 9, 2016 all in furtherance of the over-arching fiscal scheme to balance the budget at all costs in conscious disregard of the health, property, and prosperity of the citizens of Flint.
724. Defendants utilized channels of interstate commerce through the use of U.S. Mail and wire based means for committing the RICO predicate acts set forth herein.
725. The actions and inactions of the RICO defendants go beyond general negligence or recklessness and were done with knowledge and intent, as the facts indicate that all were engaged in a coordinated enterprise pattern of disseminating false information, knowingly ignored Federal and State statutes governing water quality standards.
726. The actions, inactions, misrepresentations, denials, and cover ups of the Rico Defendants and Enterprise Actors satisfies the 18 U.S.C. § 1961(5) definition of “pattern of racketeering activity” of at least two acts of racketeering activity that are sufficiently related.
727. The RICO Defendants engaged in a “pattern of racketeering” because all the individual RICO Defendants and Enterprise Actors, including but not limited to the water treatment plant operators and staff, the MDEQ, and it’s employees, the MDHHS, and it’s employees, the private RICO Defendants, and their employees continuously disseminated knowingly false information by way of mail, wire, TV and other media mediums in a coordinated effort by all the RICO Defendants and Enterprise Actors stating that the Flint River drinking water had been tested, that the water was safe for use and worthy of payment, and attempting to discredit experts proclaiming Flint’s water was toxic, despite possessing both knowledge and evidence at all times

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that the Flint River water was toxic. 728. The closed end continuity element under 18 U.S.C. § 1961(5) is satisfied by the fact that water bills were mailed to Flint property owners on a monthly basis from the time of the April 2014 hookup to the free Flint River and until March 2016, when the City of Flint’s Mayor suspended the water bills. 729. The close-ended element of 18 U.S.C. § 1961(5) is satisfied because each of the individual RICO Defendants and the enterprise actors were aware, beginning in 2013, that the purpose and goal of switching to the Flint River for water supply purposes was to connect to a free source of water, bill for said water to balance the Flint budget. 730. The RICO Defendants’ and Enterprise Actors actions for over a two-year period amount to a continuous closed end pattern of racketeering within the meaning of the Civil RICO statute. 731. On June 29, 2013, Engineer private RICO Defendant ROWE met with representatives of Flint, Genesee County Drain Commissioners Office and the MDEQ to discuss:
a. using the Flint River as a water source; b. the ability to perform the necessary upgrades to the Flint Water Treatment
Plant;
c. the ability to perform quality control d. the ability for Flint to provide water to Genesee County; e. the ability to meet an April or May 2014 timeline; and f. Developing a cost analysis.
732. According to incomplete meeting minutes, “the conversation was guided with focus on engineering, regulatory, and quality aspects…” of the items previously referenced, and the following determinations were made:
a. The Flint River would be more difficult to treat, but was viable as a source; b. It was possible to engineer and construct the upgrades needed for the

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treatment process; c. It was possible to perform quality control “with support from LAN
engineering which works with several water system around the state, quality control count be addressed[;]” d. The Flint Water Treatment Plant did not have the capacity to treat and distribute sufficient water to meet the needs of Flint and Genesee County; e. There were many obstacles to overcome, but completion by the April or May 2014 timeline was reachable; f. The next steps were for LAN to present Flint with a proposal that would include engineering, procurement, and construction needs for the project along with cost estimates. g. The ability to meet an April or May 2014 timeline; and h. Developing a cost analysis.
733. This 2013 meeting was actually a follow up analysis to a previously conducted Flint
River viability study performed by private Rico Defendant Rowe in 2011. The objectives and
conclusions offered by Rowe and accepted by the RICO Defendants blatantly contradicted
Rowe’s previous 2011 feasibility study that expressed major concerns that refuted the
proposition that the Flint River could be utilized as a viable primary water source.
734. It was therefore known by Enterprise Actors, The City Of Flint, MDEQ, MDHSS, and
individual Rico Defendants Emergency Managers, the Governor through the Emergency
Managers, that at the time of the 2013 Rowe/LAN engineering meeting, and Rowe’s follow up
report contradicted the original 2011 conclusions, and that at best, there were substantial steps
that needed to be taken before distributing Flint River water to Flint residents before it could be
done so safely and responsibly.
735. The 2013 Rowe report set forth an illusory plan for upgrading the Flint water treatment plant for purposes of treating the Flint River water that would be distributed. Rowe’s plan
emphasized the need to implement corrosion controls and the continued involvement of the
engineering defendants Rowe/LAN to maintain the system.

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736. The follow up report and plan presented by Rowe, and adopted by RICO Defendants LAN, the Emergency Manager, and Enterprise Actors MDEQ and The City of Flint, was nothing more than manufactured support from a paid and bought expert controlled and hired by the Emergency Manager and to further legitimize and bolster the switch to the Flint River and further the over-arching financial scheme of balancing Flint’s budget. 737. The necessary steps provided for in the Rowe report were never implemented prior to connecting to the Flint River on April 25, 2014 or at any time leading up the declared state of emergency in late 2015. 738. The necessary steps provided for in Rowe’s 2013 report were repeatedly said to have been implemented by MDEQ, when it was known they were not. 739. After public complaints began to apply pressure on the RICO defendants regarding Flint’s water quality, Rico Defendant Veolia was retained and controlled by the Emergency Manager and paid to once again manufacture illegitimate and unsupported findings to misrepresent Flint’s water quality met acceptable standards and was safe for use. 740. RICO Defendant Veolia issued their report which was presented to a committee of Flint’s City Council on February 18, 2015. In the report, Veolia indicated that Flint’s water was “in compliance with drinking water standards.” It also noted that “[s]afe [equals] compliance with state and federal standards and required testing.” In other words, Veolia publically declared Flint’s poisonous water safe, while knowing full well that this was not the case. 741. By taking no steps to combat corrosion prior to connecting to the Flint River on April 25, 2014, the private engineering RICO Defendants knew as a matter of fact that they were aiding the enterprise and became associated in the scheme and conspiracy of the RICO defendants to deliver and bill for untreated, toxic free water to the entire City of Flint.

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742. The signs of the Flint River’s toxic effects on the City’s water system began to surface almost immediately further confirming what the RICO defendants and Enterprise Actors already knew, but chose to ignore and continued to misrepresent as safe. 743. The fact that the City of Flint knowingly began distributing Flint River water without the necessary upgrades cited by the Rowe 2013 report is substantiated by Michael Glasgow’s (The Water Quality Supervisor for Flint’s water plant) correspondence to MDEQ dated April 16, 2014 directly notified MDEQ that the Flint Water Treatment Plant would not be ready to treat and/or distribute Flint River water “anytime soon”. 744. Michael Glasgow’s (who supervised the Flint Water Treatment Plant) clear warning to MDEQ and others that the Flint Treatment plant was not anywhere near ready for the Flint River transition was ignored and the Flint River became Flint’s primary water source a mere 9 days after Glasgow issued the above correspondence. 745. Almost immediately after the Flint River was connected as Flint’s primary water source on April 25, 2014, the very issues of corrosive pipe decay that were cited in the engineering reports produced by Rowe were realized when complaints began to pour in citing discolored and smelly water. 746. While Veolia proclaimed the water was safe to further the financial scheme of the enterprise, the health impacts of the Flint River were readily apparent through a substantial uptick in infant lead poisoning cases during the 2014 and 2015 years. 747. Enterprise Actor MDHHS not only failed to take action regarding the uptick in lead poisonings, but actively and intentionally tried to conceal the fact that Flint’s water supply was causing the City’s residents to become lead poisoned and infected with legionella. The wrongful and intentional acts committed by MDHHS that attempted to conceal the toxicity of Flint’s water

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and the health impacts it was having on Flint’s residents are specifically set forth in paragraphs 384 to 458 of this complaint. 748. RICO defendants Wells, Peeler, Scott and Dykema entirely deviated from their roles as employees of MDHHS and through their various roles and authority conveyed through their respective positions, actively concealed and misrepresented to the public the health impacts that were known to exist in Flint Michigan. 749. As a direct and proximate cause of the Individual RICO Defendants’ actions pursuant to 18 U.S.C. 1962(c) and (d), the plaintiffs represented herein have suffered catastrophic losses to property value, the loss of business, absorbed substantial costs to repair their corroded water systems, are forced to use and or purchase bottled water with no safe water supply available in Flint for consumption or any other type of suitable use, and been forced to pay the estimated $50 million for toxic water thereby giving them sufficient standing to maintain this RICO cause of action.
COUNT XV – CONSPIRACY All Plaintiffs against All Defendants
750. Plaintiff repeats and re-alleges each and every allegation contained in this complaint herein with the same force and effect as if asserted herein. 751. The cumulative actions of the defendants set forth in great detail herein demonstrates a concerted effort was made to balance the Flint budget through the sale of toxic water from the Flint River . 752. The sale of this toxic water for a two year period produced an estimated $50 million in revenue and balanced the City’s budget at the expense of the health and safety of Flint’s residents.

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753. This concerted effort and repeated unlawful and wrongful acts carried out by the defendants caused Flint’s residents to be unlawfully exposed to toxic conditions for a two year period, and was followed by a relentless effort to conceal the toxic conditions from both Flint’s residents, experts, and governing authorities who were capable of, but unable to prevent the occurrence. 754. The defendants’ concerted actions were in unlawful and in violation of numerous laws and regulations including but not limited to MCLS Section 750.505 and gives rise to the numerous claims asserted herein. 755. As a direct result of these concerted actions of the defendants, the plaintiffs and entire City of Flint have suffered severe personal injuries, property damage, and other substantial financial loss which will undoubtedly worsen as the effects from this prolonged toxic lead exposure become known over the foreseeable future.
Count XVI-RELIEF FOR MEDICAL MONITORING As against all named Defendants
756. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 757. The devastating impacts of prolonged toxic lead exposure and re-exposure are well known in the scientific and medical community, and are far reaching. 758. The most obvious and visible damages are to both the infants and adults who were exposed and re-exposed to lead and the putative class who have suffered irreversible brain damage or damages to bodily organs as a direct result of being continually exposed to Flint’s water toxic water supply for over for an extended period of nearly 2 years. 759. The less obvious, but equally devastating, damages that will be caused as a direct result of the exposure and re-exposure to lead have yet to rear their ugly head.

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760. It is well established both medically and scientifically, that a person with an elevated blood lead level will never fully rid them self of this toxic substance. 761. The body will store lead in the bones, and also expose unborn children in utero as stated by The State of Michigan in their MDEQ Office of Drinking Water manual supplementing the State’s Safe Water Act. 762. Accordingly, it is critical that the relief obtained in this cause of action encompass the full extent of the costs and damages that will be realized as a result of this prolonged toxic exposure. This will include costs associated with medical monitoring, early diagnosis, and educational programs to apprise the plaintiffs and adults of the risks and treatment available for the medical conditions they are currently or will suffer from in the future as a result of being exposed to lead for an extended period. 763. The devastating impacts of prolonged toxic lead exposure are well known in the scientific and medical community, and are far reaching 764. Furthermore, as a result of lead being stored in the body of the infant females of the putative class and plaintiffs named herein, their unborn children will be exposed peri-natally to lead, and will be harmed as a result. 765. These damages will include irreversible brain damage, loss in IQ, and social and developmental issues including ADHD which has been undisputedly linked to infants who have been exposed to lead. 766. The Plaintiffs therefore seek damages for their unborn children, who will unfairly begin their life with less potential than they would have had absent the numerous bad acts that were carried out by the defendants named herein.

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COUNT XVII- IN UTERO EXPOSURE TO UNBORN CHILDREN As against all named Defendants
767. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 768. The devastating impacts of prolonged toxic lead exposure are well known in the scientific and medical community, and in this case will be far reaching. 769. Female infants who were exposed and re-exposed to lead and members of the putative class who have suffered irreversible brain damage or damages to bodily organs as a direct result of being continually exposed to Flint’s water toxic water supply for over for an extended period of nearly 2 years, will expose their unborn children to lead. 770. It is well established both medically and scientifically, that a child or adult of child rearing age with an elevated blood lead level will never fully rid them self of this toxic substance. 771. The body will store lead in the bones, and expose children in utero as stated by The State of Michigan in their MDEQ Office of Drinking Water manual supplementing the State’s Safe Water Act. 772. Accordingly, it is critical that the relief obtained in this cause of action encompass the full extent of the costs and damages that will be realized as a result of this prolonged toxic exposure. This will include costs associated with medical monitoring, early diagnosis, and educational programs to apprise the plaintiffs of the risks and treatment available for the medical conditions they are currently or will suffer from in the future as a result of being exposed to lead for an extended period. 773. Furthermore, as a result of lead being stored in the body of the victims and plaintiffs named herein, their unborn children will be exposed peri-natally to lead, and will be harmed as

2:16-cv-11247-AC-APP Doc # 1 Filed 04/06/16 Pg 117 of 118 Pg ID 117
a result. 774. These damages to the unborn putative class members will include irreversible brain damage, loss in IQ, and social and developmental issues including ADHD which has been undisputedly linked to infants who have been exposed to lead. 775. The Plaintiffs therefore seek damages for their unborn children, who will unfairly begin their life with less potential than they would have had absent the numerous bad acts that were carried out by the defendants named herein.
RELIEF REQUESTED
WHEREFORE, Plaintiffs request that the Court grant them:
a. An order certifying one or more classes pursuant to Fed. R. Civ. P. 23;
b. An order declaring the conduct of Defendants unconstitutional; c. An order declaring the Defendants liable for each Cause of Action as stated
above; d. Compensatory damages, including for injuries to person and property as
outlined herein; e. Treble damages for property damage, loss of business, and financial loss
under the Civil Rico Statute. f. Legal Fees and Attorney’s fees under the Civil RICO Statute g. Compensatory damages for unjust enrichment h. Compensatory damages for future costs associated with necessary medical
monitoring, early diagnosis, and future medical care. i. Consequential damages;

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j. Punitive damages as appropriate; k. Any and all other damages as outlined above; l. Reasonable attorneys’ fees and litigation expenses; and
Such other relief as this Court may deem fair and equitable, including but not limited to injunctive relief.
JURY DEMAND
Plaintiffs hereby demand a trial by jury.

Dated: April 6, 2016

Respectfully submitted,

BERN RIPKA LLP
By: /s/ Chet Kern Chet W. Kern (Pro Hac Vice Admission Pending) Marc J. Bern, (Pro Hac Vice Admission Pending( 60 East 42nd Street, Suite 950 New York, NY 10165 (212) 702-5000 ckern@bernripka.com mbern@bernripka.com

1-800-LAW-FIRM
Ari Kresch, P-29593 26700 Lahser Road Southfield, MI 48033 (248) 565-2099 akresh@1800lawfirm.com
EXCOLO LAW PLLC
Solomon M. Radner - P73653 Excolo Law PLLC 26700 Lahser Rd. Ste 401 Southfield, MI 48033 248-291-9712 SRadner@ExcoloLaw.com

 
 Case 5:17-cv-10343-JEL-MKM ECF No. 1 filed 02/02/17 PageID.1 Page 1 of 84

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN _____________________________________________________

Tommie Lowery, Sr., individually, and as Next Friend of Tommie Lowery, Jr., Isiah Lowery, and Marcus Lowery; Sandra York; Dorsey Ross, Jr.; Eugene Nelson; and Bernie Nelson, On behalf of themselves and as Class Representatives of All other Similarly Situated Plaintiff Putative Class Members,

Plaintiffs,

Case No.

vs.

Hon.

Lockwood, Andrews & Newnam, P.C., LAN Inc., Leo A. Daily Company, Veolia North America, LLC, and Veolia Environment S.A., Rowe, LLC; The State of Michigan and Governor Rick Snyder; The Michigan Department of Environmental Quality, The Michigan Department of Health and Human Services, Eden Victoria Wells, M.D., Stephen Busch, Liane Shekter-Smith, Adam Rosenthal, Patrick Cook, Michael Prysby, Bradley Wurfel, Daniel Wyant, and Flint Emergency Managers Edward Kurtz, Darnell Earley and Jerry Ambrose,
Defendants.

______________________________________________________

CLASS ACTION COMPLAINT Tommie Lowery, Sr., Tommie Lowery, Jr., Isiah Lowery, Marcus Lowery, Sandra York, Dorsey Ross, Jr., and Eugene and Bernie Nelson, individually and on behalf of a class of all others similarly situated, bring this action for damages and injunctive relief and demand a jury trial. Unless stated otherwise, all allegations contained herein are made on information and belief. In support of their claims, Plaintiffs allege as follows:
I. NATURE OF THE CASE 1. Plaintiffs and the Class - all residents and/or businesses and/or property owners of 1

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Flint, Michigan - have suffered, and continue to endure, the consequences of having been exposed to toxic levels of lead and other hazards from the drinking water as a result of defendants’ deliberate indifferent, gross negligence, and other misconduct. With this suit, Plaintiffs seek to hold the persons and entities that caused this crisis accountable.
2. For nearly five years, the City of Flint has existed in a state of financial emergency pursuant to which the City is controlled by a Governor- appointed Emergency Financial Manager. In 2014, in an effort to save money, the Emergency Financial Manager authorized a switch to the Flint River as the City's sole water source.
3. Defendants were grossly negligent in making and/or approving the April 25, 2014 decision to substitute safe water supplied by the City of Detroit with highly corrosive and hazardous water from the Flint River. By failing to monitor the lead levels of the Flint River water from the individual taps of Flint homes and residences, schools, hospitals, and other public locations, as well as the blood lead levels of Flint’s children who were exposed to contaminated Flint River water, Defendants acted in bad faith by falsely assuring Flint residents for many months that the Flint River water coming into their homes was safe to consume and use, when Defendants knew, and had reason to believe, that these assurances were untrue.
4. As early as 2011 it was known that use of the Flint River as the public source of water without proper anti-corrosive treatment would create a condition dangerous to health and property.
5. Notwithstanding this knowledge, on April 25, 2014, Flint began to draw water from the Flint River.
6. Within days of the introduction of Flint River water into the Flint pipelines, the noxious sight, taste, and smell of water flowing from the taps was apparent. Defendants ignored this initial irrefutable evidence that the water they distributed to the City of Flint was highly corrosive,
2

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not fit for human consumption and dangerous for human use and exposure. 7. During the months following April 25, 2014, evidence mounted that the Flint River
water was not only unfit for human consumption, and use, but was toxic and unsafe, causing lead poisoning of Flint’s children and other serious medical conditions to Plaintiffs.
8. In or about late 2014 or early 2015 a report disclosed a dramatic spike in elevated blood lead levels in Flint’s youngest children as measured by State epidemiologists, with the upward spike coinciding precisely with the time frame that Flint’s children were exposed to the Flint River water in their homes, schools and other public locations.
9. Also by late 2014 or early 2015, further evidence of the toxicity of Flint’s water was revealed in water samples showing extraordinarily high levels of lead, as well as dangerously high levels of Trihalomethanes (“THM”), coliform, E. Coli and other bacteria.
10. A highly publicized media report in October of 2014 stated that General Motors would no longer use Flint River water in its manufacturing facilities because the highly corrosive nature of the water was ruining auto parts and production machinery. In fact, GM rejected the corrosive Flint River water, which resulted in an annual loss of $400,000 to Flint in revenue.
11. Until October 2015, Defendants continued to falsely assure Flint residents that the Flint River water was being properly treated, monitored and tested and that it was safe to consume and use.
12. In making this switch, the State of Michigan, the Michigan Department of Environmental Quality (MDEQ), the Governor-appointed Emergency Financial Managers, and various other named employees of those agencies (collectively Government Defendants), failed to implement a corrosion control protocol as required by the Safe Drinking Water Act, and otherwise failed to exercise reasonable care with regard to Flint's water system. Absent mandatory corrosion
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controls, the acidic water of the Flint River coursed through unprotected pipes to residents and businesses - leaching lead and other harmful chemicals into the water along the way.
13. Flint engaged and relied upon the professional services and expertise of two engineering firms- Defendants Lockwood, Andrews & Newman, Inc. (LAN) and Veolia North America (Veolia) - to review its water distribution system, ensure compliance with federal and state environmental regulations, and provide expert engineering advice to the City and its Emergency Financial Managers. By taking on this assignment, LAN and Veolia assumed the responsibility to satisfy the standard of a reasonable engineer.
14. In conducting their engineering services, however, LAN's and Veolia's conduct fell well below the standard for a reasonable engineer in several critical respects. First, LAN and Veolia failed to conduct a root cause analysis to determine the cause of Flint's initial water problem. Had either LAN or Veolia performed such an analysis, it would have quickly revealed that Flint River water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters, and had caused extensive pipe corrosion and an extreme risk of lead contamination absent the implementation of a plan to prevent such contamination. Moreover, a root cause analysis would have revealed that the City of Flint had not adopted a corrosion control protocol as mandated by the federal Safe Drinking Water Act and related Lead and Copper Rule.
15. Not only did LAN and Veolia fail to perform the routine root cause analysis that would have revealed the City of Flint's lead problems, but they also ignored a series of red flags that should have led them to suspect corrosion problems in Flint's water system. LAN and Veolia should have anticipated widespread corrosion problems in light of the switch to a highly saline water source; the ineffectiveness of Flint's attempts to address coliform bacteria, which would have signaled corroded pipes to any reasonably competent engineer; the summer 2015 outbreak of
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Legionnaires Disease, which also should have alerted these companies to corrosion problems; and the very color of Flint's tap water, which was rusty and brown precisely because it was leaching metal from Flint's pipes. Any of these warnings should have warned LAN and Veolia to a widespread corrosion problem and led these companies to implement effective corrosion controls.
16. Additionally, LAN and Veolia affirmatively recommended that Flint double the ferric chloride in its water. A reasonable professional engineer would have known that ferric chloride is highly acidic and when used without alkaline buffering agents to raise the pH and phosphates or other corrosion control elements to coat the pipes, causes corrosion. This is exactly what happened in Flint's water system.
17. As a direct and foreseeable result of LAN's and Veolia's recommendations, Flint increased the ferric chloride in its water with grave consequences. The salinity of the Flint River was the metaphorical gasoline in this particular tragedy. The addition of ferric chloride, as recommended by the professional engineers at LAN and Veolia upon whom the City relied, was the match. The added ferric chloride dramatically increased the corrosion of Flint's pipes and, as a direct and foreseeable result, the leaching of various chemicals into Flint's drinking water- including lead.
18. Despite failing to fulfill their professional duties in a reasonable manner, both LAN and Veolia deemed Flint's water compliant with governing environmental statutes and regulations. In doing so, LAN and Veolia provided false assurances of safety to Plaintiffs and the Class, further exacerbating the extent of the damage caused by their conduct.
19. As concerns began to emerge that Flint's water was contaminated with lead and other hazardous materials, the Government Defendants engaged in various activities designed to deny or minimize the existence or extent of Flint's corrosion and lead problem. For example, the MDEQ misrepresented its water samples as being compliant with federal regulations when, in fact, the
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samples were drawn from locations that were less likely to show lead contamination. Moreover, various MDEQ officials "scrubbed" test results to remove certain results that showed high levels of lead in the water. Additionally, when the EPA inquired as to what corrosion control treatment Flint was using, Defendant Stephen Busch of the MDEQ unequivocally and falsely assured the EPA that Flint was adding phosphates to its water to control corrosion. Other MDEQ officials similarly misled the public by falsely stating that Flint's water system had a corrosion control protocol. MDEQ officials also baselessly informed the EPA that the first resident's water had tested positive for lead due to sources within the home - a statement that was later proved entirely incorrect when the EPA visited the resident's home and discovered it had plastic pipes.
20. After Flint switched its water source to the Flint River, the City also suffered an outbreak of Legionnaires' disease, a severe form of bacterial pneumonia caused by toxins in the contaminated water. According to Michigan health officials, this outbreak was one of the worst in U.S. history: 87 confirmed cases and 9 Legionnaires' -associated deaths. Yet, the Government Defendants did not even disclose that the outbreak had occurred until January 2016 -months after it began. The Government Defendants thus failed to warn Flint residents of the threat posed by Legionella in the City's water supply and failed to take reasonable steps to contain the outbreak once it began.
21. All the while- despite public assurances of safety- government offices in Flint quietly switched to bottled water while the citizens and business of Flint continued to drink dangerously contaminated water.
22. Indeed, it was not until a memorandum from an EPA official regarding the frightening existence of lead in Flint's drinking water was leaked to the American Civil Liberties Union that any of the Government Defendants acknowledged the problem.
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23. Unfortunately, these acknowledgments came too late. Since the Government Defendants implemented LAN's and Veolia's recommendations, more than 40% of the homes tested revealed lead contamination above the federal threshold and a study from a pediatrician at the Hurley Medical Center showed that elevated blood levels in children had more than doubled following the switch to the Flint River as Flint's water source.
24. The consequences of lead exposure are both catastrophic and permanent. Lead poisoning can cause serious damage to a child's central and peripheral nervous system, stunt growth, impair hearing, and impair the formation and function of blood cells. The effect of lead poisoning on children's brain development is particularly alarming, causing reduced IQ and serious behavioral problems. While lead's worst effects are borne by children, lead exposure can be seriously harmful to adults as well causing serious cardiac and reproductive problems.
25. Plaintiffs and the Class have sustained substantial personal injuries as a result of Defendants' conduct and the child-members of the Class have additionally suffered lost economic earnings.
26. Plaintiffs and the Class have also suffered significant property damage as a direct result of Defendants' conduct. The acidic and corrosive water that Defendants caused to flow through Flint's pipes and appliances has irreparably damaged residents' and businesses' pipes and appliances. Moreover, the stigma associated with the water crisis has resulted in, and will continue to result in, a reduction in residential and commercial property values in the City of Flint and substantial financial harm to Plaintiffs and the Class. Despite Flint having switched back to its prior water source, corroded pipes and appliances in residents' homes and local commercial properties remain corroded. The only option for Plaintiffs and the Class to truly be safe is to entirely replace their pipes and corroded appliances.
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27. In addition to injunctive relief under the Safe Water Drinking Act, Plaintiffs and the Class also seek damages and other relief under theories of Professional Malpractice, Gross Negligence, Negligence, Intentional and Negligent Infliction of Emotional Distress, Inverse Condemnation, Trespass, Nuisance, Breach of Contract, Unjust Enrichment, Due Process, and the Declaratory Judgment Act.
28. Given the devastating, permanent effects of lead exposure, and the severe health risks that would be presented by the continued presence of Legionella in the Flint water supply, it is imperative that Defendants' conduct related to the Flint Water Crisis be fully investigated and Defendants be held accountable to the extent they caused Plaintiffs and the Class injury. That is exactly what this suit seeks to do.
II. JURISDICTION AND VENUE 29. This Court has jurisdiction pursuant to 28 U.S.C. § 1331, for cases concerning federal
questions and 28 U.S.C. §§ 2201-2202, for cases invoking the Declaratory Judgment Act. Additionally, this Court has subject matter jurisdiction over this civil action pursuant to the Safe Drinking Water Act, 42 U.S.C. § 300j- 8(a), and the Lead and Copper Rule, 40 C.F.R. §§ 141.80-91.
30. This Court has supplemental jurisdiction of the pendant state-law claims under 28 U.S.C. § 1367.
31. This Court also has diversity jurisdiction under 28 U.S.C. §1332(d). The matter in controversy in this suit exceeds $5,000,000, exclusive of interest and costs. This is a class action in which at least one Plaintiff, Tommie Lowery, Sr., is a citizen of the State of Michigan, and at least one defendant is a citizen of a different state- in particular, Defendant LAN is a citizen of the State of Texas, and Defendant Veolia is a citizen of the States of Delaware and Illinois.
32. Venue is proper in this Court because Plaintiffs' and Class Members' claims arose in
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this judicial district, in Flint, Genesee County, pursuant to 28 U.S.C. §§ 102, 139l(b). 33. This Court has personal jurisdiction over each Defendant because a Michigan Court
would have personal jurisdiction under Mich. Comp. Laws § 600.701 and Mich. Comp. Laws § 600.705.
34. This case arises out of the actions and decisions made by the State of Michigan and its actors, including Governor Rick Snyder and Flint Emergency Managers Edward Kurtz, Darnell Earley and Jerry Ambrose, the Department of Environmental Quality (“MDEQ”), and the Michigan Department of Health and Human Services (“MDHHS”), acting in their official capacities which resulted in the contamination of Plaintiffs’ water supply, and their exposure to toxic and hazardous substances, in their homes, schools, hospitals, workplaces and other public forums.
III. Parties A. Plaintiffs 35. Plaintiff Tommie Lowery, Sr., and minor plaintiffs Tommie Lowery, Jr., Isiah
Lowery, and Marcus Lowery reside, at all times relevant hereto resided, at 4820 Winthrop Blvd in Flint, Michigan, which is owned by Tommie Sr. and serviced by water provided by the City of Flint. The Lowerys have suffered damages as a direct and proximate result of defendants’ conduct described herein, including but not limited to:
a. Exposure to lead and the presence of lead in the blood and body; b. significant emotional distress and mental pain; c. unreasonable interference with all aspects of daily living, quality of life and use and
enjoyment of their property, and substantial expense in coping with the inconvenience and disruption it has caused in their lives, including but not limited to the cost of bottled water, transportation and medical care.
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36. Plaintiff Sandra York resides, and at all times relevant hereto resided, at 902 Barrie Avenue in Flint, Michigan, which she owns and which is serviced by water provided by the City of Flint. York has suffered damages as a direct and proximate result of defendants’ conduct described herein, including but not limited to:
a. Exposure to lead and the presence of lead in the blood and body; b. significant emotional distress and mental pain; c. unreasonable interference with all aspects of daily living, quality of life and use and
enjoyment of their property, and substantial expense in coping with the inconvenience and disruption it has caused in their lives, including but not limited to the cost of bottled water, transportation and medical care. 37. Plaintiff Dorsey Ross, Jr. resides in Grand Blanc, Michigan and owns rental properties located at 4204 Park Forest Drive and 2024 Stoney Brook Circle in Flint, Michigan, which are serviced by water provided by the City of Flint. Ross has suffered damages as a direct and proximate result of defendants’ conduct described herein. 38. Plaintiffs Eugene and Bernie Nelson are married and live in Flint Township. Together they own rental properties located at 300 E. Newall Street and 6401 Karen Street in Flint Michigan, which are serviced by water provided by the City of Flint. Eugene Nelson individually owns rental properties located at 215 E. Hamilton Avenue, 205 E. Hamilton Avenue, and 4213 Carlton Street in Flint Michigan, which are serviced by water provided by the City of Flint. The Nelsons have suffered damages as a direct and proximate cause of defendants’ conduct described herein.
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B. Defendants MDEQ
39. Defendant Michigan Department of Environmental Quality (“MDEQ”) is the State Agency responsible for implementing safe drinking Federal and State water laws, rules, and regulations in Michigan, including the City of Flint, Michigan.
40. MDEQ failed to require corrosion control for Flint River water in violation of the Federal Lead and Copper Rule.
41. MDEQ misled the Environmental Protection Agency (“EPA”) which, on numerous occasions, attempted to sample the water quality in Flint, Michigan.
42. MDEQ conducted illegal and improper sampling of Flint’s water and lied to, and mislead the public about the safety of Flint’s water.
43. MDEQ publicly discredited experts Miguel Del Toral of the EPA and Dr. Mark Edwards of the Virginia Polytechnic Institute and State University, who proffered indisputable evidence of Flint’s water contamination.
44. Stephen Busch, Patrick Cook, Michael Prysby, Bradley Wurfel, Liane Shekter-Smith, and Adam Rosenthal are, or were at all relevant times herein agents and employees of the State of Michigan employed by the MDEQ, and acting within the scope of their respective employment and authority.
45. Daniel Wyant ("Wyant") was at all relevant times the Director of MDEQ. MDEQ, through Wyant, participated in the decisions that deliberately created, increased and prolonged the hazards, threats and dangers that arose due to the replacement of safe drinking water with a highly toxic alternative. Further, MDEQ, through Wyant, assured Plaintiffs and the public that the Flint River water was safe when he was on actual notice, and/or had reason to believe, that this assurance
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was false. 46. MDEQ, acting through its agents identified hereinabove and below, as set forth
below, knowingly created, increased and prolonged the hazards, threats and dangers to Plaintiffs and the public by approving the decision to switch the water source when on notice of the dangers associated with same
a. Stephen Busch (“Busch”) was at all relevant times District Supervisor assigned to the Lansing District Office of the MDEQ and was acting within the scope of his employment and/or authority. MDEQ, through Busch, knowingly created, increased and prolonged the hazards, threats and dangers to Plaintiffs and the public by approving the decision to switch the water source when he was on notice of the dangers associated with same.
b. MDEQ, through Busch, further falsely reported that anti-corrosive agents had been used to treat the highly corrosive Flint River water and thereby provided assurances to Plaintiffs and the public that the Flint River water was safe when he was on actual notice, and/or had reason to believe, that these assurances were false.
c. Patrick Cook (“Cook”) was at all relevant times Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ and was acting within the scope of his employment and/or authority. Cook, knowingly created, increased and prolonged the hazards, threats and dangers to Plaintiffs and the public by approving the decision to switch the water source when he was on notice of the dangers associated with same.
d. Cook further failed to properly monitor and test the Flint River water, he falsely reported to the EPA that the Flint River water was treated with anti-corrosive
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chemicals, and he provided assurances to Plaintiffs and the public that the Flint River water was safe when he was on actual notice, and/or had reason to believe, that these assurances were false. e. Michael Prysby (“Prysby”) was at all relevant times Engineer assigned to District 11 (Genesee County) of the MDEQ and was acting within the scope of his employment and/or authority. Prysby knowingly created, increased and prolonged the hazards, threats and dangers to Plaintiffs and the public by approving the decision to switch the water source when he was on notice of the dangers associated with same. Further, MDEQ failed to properly monitor and test the Flint River water and provided assurances to Plaintiffs and the public that the Flint River water was safe when he was on actual notice, and/or had reason to believe, that these assurances were false. f. Bradley Wurfel (“Wurfel) was at all relevant times the Director of Communications for MDEQ and was acting within the scope of his employment and/or authority. Wurfel was forced to resign on December 29, 2015 due to his “persistent [negative] tone and derision” and his “aggressive dismissal, belittlement and attempts to discredit the individuals involved in [conducting independent studies and tests].”March 2016 Flint Water Advisory Task Force Final Report, p. 2, available athttps://www.michigan.gov/documents/snyder/FWATF_FINAL_REPORT_21Marc h2016_5178057.pdf. g. Wurfel, as Director of Communications, was responsible for the deliberate, misleading and inaccurate communications that increased and prolonged the hazards, threats and dangers that arose by replacing safe drinking water with a highly toxic
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alternative. He further knowingly provided false assurances to Plaintiffs and the public that the Flint River water was safe when he was on actual notice, and/or had reason to believe, that these assurances were false. h. Liane Shekter-Smith (“Smith”) was at all relevant times Chief of the Office of Drinking Water and Municipal Assistance for MDEQ and acting within the scope of her employment and/or authority, holding that position until October 19, 2015. Smith knowingly approved of, and thereby participated in, the decisions that created, increased and prolonged the hazards, threats and dangers that arose by replacing safe drinking water with a highly toxic alternative. She further provided false assurances to Plaintiffs and the public that the Flint River water was safe when she was on actual notice and/or had reason to believe that these assurances were false. i. Adam Rosenthal (“Rosenthal”) was at all relevant times a Water Quality Analyst assigned to the Lansing District Office of the MDEQ and acting within the scope of his employment and/or authority. j. Rosenthal, as Water Quality Analyst for the MDEQ, knowingly approved of, and thereby participated in, the decisions that created, increased and prolonged the hazards, threats and dangers that arose by replacing safe drinking water with a highly toxic alternative. He further provided assurances to Plaintiffs and the public that the Flint River water was safe when he was on actual notice and/or had reason to believe that these assurances were false.
MDHHS 47. The Michigan Department of Health and Human Services (“MDHHS”) is the State Agency responsible for protecting the health and well-being of Michigan residents.
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48. Eden Victoria Wells, M.D. (“Wells”) was at all relevant times herein an agent and employee of the State of Michigan employed by Defendant MDHHS, and acting within the scope of her respective employment and authority.
49. Wells was at all relevant times Chief Medical Executive within the Population Health and Community Services Department of the MDHHS and was acting within the scope of her employment and/or authority. Through Wells, MDHHS knowingly created, increased and prolonged the hazards that arose from replacing safe drinking water with a highly toxic alternative. Through Wells, MDHHS knew as early as 2014 about the highly unusual spike in elevated blood lead levels and cases of Legionella bacteria in Flint water users and, notwithstanding a legal duty to notify the public, failed to do so, and instead concealed these facts from Flint residents, including Plaintiffs.
50. Nick Lyon (“Lyon”) was at all relevant times herein an agent and employee of the State of Michigan employed by MDHHS, and acting within the scope of his respective employment and authority.
51. Lyon was at all relevant times Director of the MDHHS and was acting within the scope of his employment and/or authority. Through Lyon, MDHHS knowingly created, increased and prolonged the hazards that arose from replacing safe drinking water with a highly toxic alternative. Through Lyon, MDHHS knew as early as 2014 about the highly unusual spike in elevated blood lead levels and cases of Legionella bacteria in Flint water users and, notwithstanding a legal duty to notify the public, failed to do so, and instead concealed these facts from Flint residents, including Plaintiffs.
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The City of Flint Emergency Manager Defendants 52. Defendant Emergency Manager Ed Kurtz (“Kurtz”) was the City of Flint Emergency Manager appointed by Michigan State Governor Rick Snyder in 2012, and served in this capacity until November 1, 2013.Kurtz is and was at all relevant times a public official who acted in concert with Defendants during his term as Emergency Manager of Flint when he knowingly and deliberately created, increased and prolonged the hazards, threats and dangers that arose due to the replacement of safe drinking water with a highly toxic alternative. He is sued in his individual and official capacities. 53. Defendant Emergency Manager Darnell Earley (“Earley”) was the City of Flint Emergency Manager appointed by Michigan State Governor Rick Snyder on November 1, 2013, and served in this capacity until January 12, 2015. Earley is, and was at all relevant times a public official who acted in concert with Defendants during his term as Emergency Manager of Flint when he knowingly and deliberately created, increased and prolonged the hazards, threats and dangers that arose due to the replacement of safe drinking water with a highly toxic alternative. 54. Defendant Emergency Manager Gerald Ambrose (“Ambrose”) was the City of Flint Emergency Manager appointed by Michigan State Governor Rick Snyder on January 13, 2015 and served in this capacity until April 28, 2015. Ambrose is and was at all relevant times a public official who acted in concert with Defendants during his term as Emergency Manager of Flint when he knowingly and deliberately increased and prolonged the hazards, threats and dangers that arose due to the replacement of safe drinking water with a highly toxic alternative. 55. Defendants Early and Ambrose (the “Emergency Managers”) continuously controlled all the Flint governmental functions, decisions and fiscal decisions from December 2011 through April 30, 2015 pursuant to State Statute.
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56. The Emergency Managers at all times relevant hereto were acting within and outside the scope of their employment and/or authority under color of law.
57. The Emergency Managers named herein are sued in their official capacities. The Defendants Emergency Managers acting in concert with MDEQ, and MDHHS made the decision to switch to Flint River water and enabled Flint’s water treatment plant from not properly analyzing and treating this water with an anti-corrosive, and making it safe.
58. The Defendant Emergency Managers ignored warning signs and were integral in defrauding, misrepresenting and falsifying information relating to the property and financial affairs of Flint as it affected its citizenry.
59. Defendant Emergency Managers provided assurances to Plaintiffs and the public that the Flint River water was safe when they were on actual notice and/or had reason to believe that these assurances were false. Through these false representations, Defendants Emergency Managers permitted the Flint River water to poison thousands of Flint residents and damage Flint homes.
60. Defendant Ambrose at all relevant times was in a positon to prevent the water shutoffs, and void the water bills for useless, toxic, and harmful water.
The State and the Governor 61. Defendant Rick Snyder is the Governor of Michigan and is invested with executive power pursuant to Article V, Section 1, of the Michigan Constitution. The Governor is and was at all relevant times the official policy-maker for Defendant State of Michigan, and, as such, was responsible for the management of State government and for the health and welfare of its citizens and residents, and is sued by plaintiffs in his official capacity. 62. Defendant State of Michigan operates the MDEQ and MDHHS. 63. Defendant State of Michigan, acting through the Governor’s office, and/or the
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MDEQ, MDHHS, and its official policy-makers, and/or Defendants Kurtz, Early, and Ambrose, made the final decisions that deliberately created, increased, and/or prolonged the hazards, threats, and dangers that arose by replacing safe drinking water with a highly toxic alternative and affirmatively acting to fraudulently conceal the public health emergency they created and/or failed to take adequate steps to remediate and abate.
64. Only prospective relief is sought from defendants Snyder and the State of Michigan. Private Engineering Defendants
65. Defendant Rowe f/k/a Rowe Engineering, Inc. (“Rowe”) is a Michigan Corporation with its principal place of business located at 540 S. Saginaw Street, Suite 200, Flint, Genesee County, Michigan 48502.
66. Rowe maintains an office in Flint, Genesee County, Michigan, regularly conducts business in Flint, Michigan, and has committed torts in Flint, Michigan, which are among the basis for personal jurisdiction under MCL 600.705.
67. Rowe falsified information and ignored warning signs related to the hazards, threats and dangers that arose by replacing safe drinking water with a highly toxic alternative.
68. Rowe is a private individual Defendant in this action based on its examinations, findings, and reports as related to the condition of the Flint River and the Flint Water Treatment Plant. Specifically, Rowe is liable for its grossly negligent conduct, including declaring the Flint River water as safe to drink, recommending approval of the use of Flint River water in the Flint Water Treatment Plant, and falsely representing that the connection between the Flint River and the Flint Water Treatment Plant had been performed properly and safely. Rowe’s conduct caused significant harm to Plaintiffs persons and property.
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69. Defendant Lockwood, Andres & Newnam, P.C., (“LAN”) is a Michigan professional corporation based in Flint, Michigan. Upon information and belief, LAN was incorporated in 2008 by Lockwood, Andres & Newnam, Inc. after it was retained by Defendants to conduct studies of and reports on the feasibility of a new water supply for the City of Flint. LAN was hired by Defendants to provide professional engineering services to place the Flint Water Treatment Plant into operation for using the Flint River as a primary water drinking source, and to continue to operate the Water Treatment Plant to maintain the delivery of the Flint River-sourced water to Flint.
70. LAN Inc. is a Texas corporation with its principal place of business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant times, hereto, LAN Inc. conducted business in Genesee County through Defendant LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. is a full-service consulting firm offering planning, engineering and program management services, including civil infrastructure engineering and municipal water treatment and design.
71. Leo A. Daly Company ("LAD") is a Nebraska corporation with its principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114. LAD is an international architecture/engineering firm, with nearly 800 professionals in 31 offices worldwide and projects in more than 87 countries and all 50 US states. Upon information and belief, LAD is the parent company of LAN Inc. and LAN P.C.
72. Defendants Veolia North America, LLC, is a Delaware corporation with its principal place of business in Illinois, and Veolia Environment S.A. (hereinafter collectively “Veolia”) is a French transnational corporation with its principal place of business in Paris, France. Veolia provides water, waste, and energy management solutions to communities and industries. Veolia was
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retained to provide additional review and recommendations on Flint’s water treatment and delivery.

IV. Statement of Factual Allegations

A.

Background On Decision to Change Water Sources

73. From 1964 to 2014, Flint water users received their water from Lake Huron via the Detroit Water and Sewage Department. During this 50-year span, the Flint water users enjoyed safe, clean, fresh water in their homes, businesses, schools, hospitals and other places of public services.
74. Motivated principally by the actions, political pressure and efforts of Genesee County Drain Commissioner Jeffrey Wright, in 2009, the communities of Flint, Genesee County, Sanilac County, Lapeer County and City of Lapeer, formed the Karegnondi Water Authority (“KWA”) to explore the development of a water delivery system which would draw water from Lake Huron and serve as an alternative to water delivered by the DWSD.
75. In 2011, Flint officials commissioned a study to determine if the Flint River could be safely used by the city as a primary source of drinking water. The “Analysis of the Flint River as a Permanent Supply for the City of Flint, July 2011” (“2011 Report”), prepared by Defendants Rowe and LAN, provided that Flint River water and the dormant Flint Water Treatment Plant (“FWTP”) could be used to supply water to the City, if millions of dollars were spent to upgrade the WTP and implement necessary water quality control measures, including adding anti-corrosive treatments to Flint River’s highly corrosive water.1
76. Use of the Flint River as a primary drinking source was rejected in 2011. 77. In August 2012, the Governor appointed Edward Kurtz as Flint’s Emergency

1 See March 2016 Flint Water Advisory Task Force Final Report (“Task Force Report”), Integrated Event Timeline, p. 2, available at https://www.michigan.gov/documents/snyder/FWATF_FINAL_REPORT_21March2016_517805_7.pdf.

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Manager. 78. Throughout 2012, DWSD presented to Kurtz, Wright, Dillon, Walling and the
Governor compelling arguments, based on numerous studies, demonstrating that from a cost and water reliability standpoint, Flint needed to reject Wright’s pressure to join KWA and continue to receive water from DWSD.
79. Most, if not all, discourse about Flint joining KWA or continuing with DWSD, included Wright who consistently raised arguments designed to persuade Kurtz, Dillon and the Governor that the DWSD cost studies were wrong.
80. In late 2012, Dillon, reacting to Wright’s contention that the DWSD cost studies were wrong, requested the independent engineering firm of Tucker, Young, Jackson and Tull (“TYJR”) to assess whether it would be cost-effective for Flint to switch from water supplied by DWSD and join KWA water delivery system.
81. In February 2013, TYJR concluded that it would be more cost-effective for Flint on both a short term and long term basis to continue to be supplied with water from DWSD.
82. On March 27, 2013, MDEQ officials, aware that Kurtz, Wright, Walling and Dillon were pushing the Governor to approve Flint joining the KWA, acknowledged that the decision to switch the water source for Flint was not based on a scientific assessment of the suitability of the Flint River water.2
83. On March 28, 2013, in an email from Dillon to Governor Rick Snyder, with copies to numerous other Treasury officials and Wyant, Dillon recommended that he authorize KWA going forward, even though the independent firm he hired to perform a cost evaluation
2 Id., see Task Force Timeline. Sygo/MDEQ e-mails with Busch re: Flint River water source switch. “As you might guess we are in a situation with Emergency Financial Managers so it’s entirely possible that they will be making decisions relative to cost.” Task Force Timeline at 4.
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said staying with the DWSD made the most economic sense.3 Dennis Muchmore, Governor Snyder’s Chief of Staff, confirmed in a subsequent email that it was Dillon who made “the ultimate decision” to switch Flint water from the DWSD to the KWA.
84. On April 11, 2013, Dillon, in what is now understood to be a non-fiscal decision, authorized Kurtz to enter into a contractual relationship with KWA for the purpose of supplying water to Flint beginning in mid-year 2016, subject to getting a last best offer from DWSD.
85. Governor Snyder participated in discussions between his appointed emergency Manager of Flint, Mr. Kurtz, and his appointed Emergency Manager of Detroit, Kevin Orr. At the time Dillon authorized his Emergency Manager to contractually bind Flint to the KWA project, the Governor and State officials knew that the Flint River would be used as an interim source.
86. In or around June 2013, the City of Flint hired LAN to advise Flint about the use of the Flint River as the City’s primary water source during the construction of the new KWA treatment plant, which was projected to take approximately two years.
87. Although Flint recognized that water from the Flint River “would be more difficult to treat,” the City concluded, based in part on LAN’s recommendations, that the Flint River was “viable as a source” of public water.
88. On June 26, 2013, the City of Flint entered into a Resolution to switch over to the Flint River in April of 2014, and authorized action to prepare the FWTP in anticipation of using the Flint water as the primary water source.
3 Dillion stated in his March 28, 2013 email: “Governor, based upon today’s presentations to the DEQ by the City of Flint, KWA and the engineering firm (Tucker Young) Treasury hired to vet the options as to whether Flint should stay with DWSD or join KWA, I am recommending we support the City of Flint’s decision to join KWA. The City’s Emergency Manager, Mayor and City Council all support this decision. Dan Wyant likewise concurs and will confirm via email.”
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89. Later, the City of Flint hired LAN to place the FWTP into full-time operation using the Flint River as a primary drinking water source.
90. LAN continued to advise Flint about its transition to Flint River water through 2015, and ultimately was paid more than $3.8 million for its services. LAN advised City officials that the Flint River water was safe.
91. In June 2013, Dillon Kurtz, Wright, and Walling developed an interim plan (“Interim Plan”) to use the Flint River water before KWA became operational. The Interim Plan would cover 2.5 years (April 25, 2014 until approximately October 2016).
92. Dillon, Kurtz, Wright and Walling knew that in 2011 the Flint River was professionally evaluated and rejected as a drinking source and that upgrades for the Flint WTP would cost millions.
93. When the Governor authorized the use of the Flint River as an interim source of water for Flint, he knew that in 2011 the use of the Flint River water as a primary drinking source had been professionally evaluated and rejected as dangerous and unsafe.
94. The Governor, in a timeline prepared by his office, confirmed that in June 2013, he knew that Flint River water would be used as an interim source of water.4
95. In May 2013, emergency Manager Kurtz announced his resignation effective July 2013. The governor reappointed Michael Brown as Flint’s Emergency Manager.
96. In September 2013, after Emergency Manager Brown resigned, Darnell Earley was appointed by the Governor as Flint’s Emergency Manager.
97. Michael Glasgow, the City of Flint’s water treatment plant’s laboratory and water quality supervisor informed the MDEQ on April 16, 2014, that the WTP was not fit to begin
4 “City of Flint decides to use the Flint River as a water source, per Gov. Snyder timeline.” Task Force Report at 5.
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operations and that “management” was not listening to him because “they seem to have their own agenda.”5

B.

Flint River Used as Flint Water Source

98. On April 25, 2014, under the direction of Emergency Manager Earley and the

MDEQ defendants, Flint water users began receiving Flint River water from their taps even

though Glasgow warned that the WTP was not ready.

99. Beginning in June 2013 and continuing through April 25, 2014, the State created

a dangerous public health crisis for the users of Flint tap water when it and Kurtz and Earley

ordered and set in motion the use of highly corrosive and toxic Flint River water knowing that

the WTP was not ready.

100. For at least a year prior thereto, the State, particularly the MDEQ and MDHHS

defendants, knew that using the Flint River water was dangerous and could cause serious public health issues.6

101. No corrosion control was put in place prior to, or after April 25, 2014.

102. Defendants were fully aware – prior to April 25, 2014 – that the required and

necessary anti-corrosive treatment was not being used during the distribution of Flint River water to

Flint residents, families, and home owners, including Plaintiffs.

103. Within days after the April 25, 2014 switch, State Actors began receiving complaints

5 Glasgow said on April 16, 2014 that “ … it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible …. I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.” The next day, Glasgow wrote Prysby and Busch of the MDEQ, that “ … I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.” 6 “January 23, 2013: Mike Prysby/MDEQ emails colleague Liane Shekter Smith and others about feasibility of Flint switching to the Flint River, highlighting water quality concerns.” Task Force Report at 16.
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from water users, including some or all of the Plaintiffs herein, that the water was cloudy and discolored in appearance and foul in taste and odor.
104. Within weeks after the April 25, 2014 switch, water users, including some or all of the Plaintiffs herein, were reporting to the State Actors that they were experiencing hair loss, rashes, vomiting and other physical maladies.
105. Over the course of the next eight (8) months, Flint water users continued to express their concerns about water quality in multiple ways including letters, e-mails and telephone calls to Flint officials, the media and through well publicized demonstrations on the streets of Flint.
106. As early as May 2014, the State knew that it had indeed created a dangerous public health crisis yet failed to take any remedial steps.7
107. In June 2014, citizen complaints about contaminated water continued and the State failed to do anything to address these complaints. Many Flint water users reported that the water was making them ill.
108. On October 2014, Flint’s public health emergency was a topic of significant discussion in the Governor’s office. Valerie Brader, State Deputy Legal Counsel and Senior Policy Advisor, emails [on October 14th the] Governor’s Chief of Staff Dennis Muchmore and other top aides arguing for a return to DWSD because of water quality problems. Michael Gadola, then the governor’s Legal Counsel, responds by agreeing with Brader. Brader and Rich Baird, another senior aide to the Governor, then discuss the idea with Emergency Manager Darnell Earley, who maintains the water quality problems can be solved and it would be costprohibitive to return to DWSD.8
7 The Governor’s office received citizen complaints and was well aware of numerous press stories about water quality problems as early as May 2014 and continuing throughout 2015.” Id at 36. 8 Id. at 17-18.
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109. By October 2014, the Governor and his staff knew full well of the on-going

public health threat to the people of Flint yet he did absolutely nothing to assist the desperate situation for the people of Flint.9

110. On October 13, 2014, the General Motors Corporation announced that it would no

longer use Flint River water in its Flint plant because of, among other things, its corrosive

qualities. Despite this clear evidence of serious and significant danger, none of the Defendants took any action to alter the course of the health crisis.10

111. On January 13, 2015, Earley resigned his position as Emergency Manager and the

Governor replaced him with Gerald Ambrose.

C.

Lead Contamination

112. Most of Flint’s 550 miles of water mains are over seventy-five years old and

constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, which causes buildup

on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. This

corrosion also encourages layers of bacteria to attach to the inner pipe wall.

113. State Actors herein were on actual notice and/or knew that the water supplied by

Detroit included corrosion control treatment chemicals which prevented the leaching of lead from

lead pipes found in many of the Flint residents’ water systems.

114. Defendants herein knew that, as a consequence of the failure to use the required and

9 The Task Force Report was critical of the Governor’s failure to answer the Flint citizen calls for help in October of 2014. “The suggestion made by members of the Governor’s executive staff in October 2014 to switch back to DWSD should have resulted, at a minimum, in a full and comprehensive review of the water situation in Flint, similar to that which accompanied the earlier decision to switch to KWA. It was disregarded, however, because of cost considerations and repeated assurances that the water was safe. The need to switch back to DWSD became even more apparent as water quality and safety issues continued and lead issues began to surface in 2015, notwithstanding reassurances by MDEQ.” Id. at 38. 10 “GM announces it is switching from City of Flint water system to Flint Township (Lake Huron) water for its Flint Engine Operations facility until KWA connection is complete, citing corrosion concerns. Prysby/MDEQ notes Flint water chloride levels are “easily within” public health guidelines. Annual revenue loss of $400,000. Id. at 7.
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necessary anti-corrosive agent in the Flint River water, Plaintiffs were being exposed to toxic levels of lead and other metals, chemicals and bacteria.
115. In October 2014, a media report covered General Motors’ decision not to continue using Flint River water in its manufacturing facilities because the highly corrosive nature of the water was ruining auto parts and production machinery.
116. This report also served to alert Defendants that Flint water was unfit for human exposure and consumption.
117. In accordance with the Federal Lead and Copper Rule (“LCR”), all large public water systems, including Flint’s, are required to install and maintain corrosion control treatment for lead and copper water service systems.
118. MDEQ failed to require that Flint determine and establish water quality standards, including corrosion control treatments, in violation of the LCR.
119. As a direct and proximate result of the failure to use corrosion control treatment, water coming from lead and copper based water systems contained lead at unacceptably high levels.
120. The MDEQ required Flint to conduct two six-month rounds of testing for lead and copper (July-December 2014 and January-June 2015) in homes that were identified as “Tier 1” sample sites (sites with known lead plumbing and/or service lines), for the presence of lead or other heavy metals.
121. The foregoing testing employed seriously flawed testing and notification methods, including but not limited to:
a. Instructing water users to pre-flush the system before drawing a water sample, b. Failing to positively identify Tier 1 sample sites (sites with known lead plumbing
and/or service lines), c. Failing to include at least 50% Tier 1 homes in the sample study,
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d. Failing to use the same testing sites from one test to the next (the second round of testing covered only 13 sites which had been tested in the first round,
e. “Cherry-picking” the sites to be tested by excluding the homes that had tested with the highest parts per billion during the first round from being re-tested in the second round), thereby rejecting without cause those homes with elevated lead level readings, and
f. Failing to notify residents, including Plaintiffs, when elevated levels were found. 122. MDEQ received the results of the first round of water sampling tests by March 2015 which revealed lead levels in excess of the minimal action levels, i.e. 15 parts per billion (“ppb”). 123. Accordingly, MDEQ and the MDEQ defendants knew, and were on notice by early March 2015, at the latest, that it could not achieve two consecutive testing periods below the action level (as required by the LCR protocol) and were thus required to notify Flint to commence and pursue corrosion control treatments. MDEQ failed to immediately require Flint to commence and pursue corrosion control treatments. Contrary to water quality standards and common sense, the State Actors failed to evaluate the quality of the “treated” Flint River water as it came out of the consumers’ tap before substituting high quality Detroit water with questionable quality Flint River water. 124. Indeed, according to a December 23, 2015 State Auditor General Report (the “2015 Auditor’s Report”), the MDEQ was testing Flint River quality since 2006 at the FWTP, but never tested “treated” Flint River water quality as it came out of the consumers’ taps. 125. Corrosion control chemicals should have been used immediately, as corroborated by the 2015 Auditor’s Report, which expressly criticized the MDEQ because it did not confer with, or obtain the approval of the EPA when it decided to delay the use of corrosion control chemicals until after the two rounds of monitoring tests. 126. LAN estimated that the cost of the corrosion control chemicals would have been less
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than $100 per day. 127. From her agency’s own data, MDHHS Defendant Wells knew, by late 2014 or early
2015, that there was a dramatic increase in elevated blood lead levels in Flint children, yet failed to report this information and failed to notify the public, and in so doing intentionally concealed critical public health information for more than 10 months.
128. Corrosion control chemicals should have been used immediately, as corroborated by the 2015 Auditor’s Report,” which expressly criticized the MDEQ because it did not confer with, or obtain the approval of the EPA when it decided to delay the use of corrosion control chemicals until after the two rounds of monitoring tests.
129. The cost of the corrosion control chemicals would have been less than $100 per day. 130. A November 2015 MDHHS report on the Blood Lead Level Test Results for children six years and younger living in Flint Zip Codes 48501-48507, showed a significant and dangerous spike in the blood lead levels during the second and third quarter of 2014. 131. From its own data, the MDHHS knew by late 2014 or early 2015 that there was a dramatic increase in elevated blood lead levels in Flint children, yet failed to report this information and failed to notify the public, and in so doing intentionally concealed critical public health information for more than ten months. 132. MDHHS was aware that the source of the elevated blood lead levels was the Flint River, and that the spike in Legionnaires’ disease correlated with the introduction of corrosive Flint River water into the Flint water distribution system. In the months during which Flint distributed water from the Flint River, there was mounting and irrefutable evidence that the Flint River water was not only unfit for human consumption but was actually harming users, including causing the lead poisoning of Flint’s children.
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133. Thus, by the end of 2014, at the latest, the only reasonable response to the mounting

complaints and alarming data was to reconnect the Flint water system to the Detroit water system.

134. Instead, State Actors herein deliberately ignored the protests, exercised deliberate and

dangerous denial, offered ineffective solutions and continued to falsely reassure residents of Flint

and insist that the water was safe. This, despite the knowledge that the foul taste, odor and

appearance was attributable to the highly corrosive Flint River water, untreated with the proper anti-

corrosive agents, which caused particulate lead, Legionella bacterial and other toxins to contaminate

and befoul the water.

135. Notwithstanding that these conditions constituted a health emergency, the MDHHS

failed to report and notify this public health crisis to the MDEQ, the Governor’s Office, the EPA or

the public and, in fact, intentionally concealed it.

D.

Other Toxins

136. In the summer of 2014, reported incidents of Legionnaires disease were on the rise in

the Flint area, ultimately resulting in 10 deaths in 18 months.

137. Legionnaires’ disease is associated with biofilms and corrosion in piping systems, and

water with a pH range of 5.0 to 8.5, conditions which were all present in the Flint water supply. In

addition to lead, Defendants’ conduct also caused other harmful toxins to enter Plaintiffs’ water

supply.

138. By October 2014, the increased threat of deadly Legionnaires disease was adding to the public health safety crisis.11

139. On October 17, 2014, Flint officials became aware of the threat of Legionnaires

disease resulting from the use of Flint River water. No action was taken by Flint or Genesee

11 Task Force timeline at 7.
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County Health officials.12
140. On October 21, 2014, the MDHHS was notified of the health crisis caused by the Flint River water. Again no action was taken.13
141. In January 2015, State officials met to discuss the ongoing threat to public health posed by the Legionella bacteria in the Flint River water.14 The public health crisis was not
addressed in any serious and/or non-frivolous way.
142. On January 21, 2015, State officials ordered water coolers to be installed in State
buildings operating in Flint. State officials were concerned that this action, if it became widely
known by the public, would reveal their dishonesty because they had been advising the residents
of Flint that it was safe to drink the tap water and at the same time arranging for alternative water sources for the State employees who were working in Flint.15
143. On January 27, 2015, Flint was placed on notice that the Genesee County Health
Department (“GCHD”) believed there was an association between the spike in Legionella
disease reports and the onset of the use of Flint river water. Again, Defendants did nothing about the impending health catastrophe.16
144. As In August of 2014, Flint's water tested above legal limits for total coliform and
12 “Genesee Co. Health Department (GCHD) representatives hold conference call with Glasgow and Wright/Flint DPW re: county’s concerns about Legionellosis outbreak and possible connection to city’s water system. DPW “acknowledged that the distribution system has areas of concern.” Id. at 7. 13 “Susan Bohm/MDHHS e-mails GCHD officials re: Shekter Smith’s concern that Flint water would be publicly linked to Legionellosis outbreak in Flint.’ I told her the Flint water was at this point just a hypothesis.’” Id. at 7. 14 “January 2015 (date unclear): Staff from Genesee County hospitals, MDHHS, MDEQ and GCHD meet, and MDHHS Director Nick Lyon directs GCHD to conduct and complete its evaluation of the causes of the increased Legionellosis cases that had begun to occur in 2014.” Id. at 18. 15 “MDEQ staff (Prysby, Shekter Smith, Benzie, numerous others) communicate via e-mail re: decision to provide water coolers at Flint’s State Office building. Some discussion re: how this decision will affect Flint residents’ perceptions of drinking water safety, and how the decision will “make it more difficult … for ODWMA staff.” Id. at 8. 16 “FOIA request sent by GCHD environmental hygienist James Henry to Flint DPW and Flint Mayor for information on water treatment to support the county’s investigation of Legionellosis cases.” Task Force Report at 18.
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E. Coli bacteria. 145. In September 2014, Flint again violated the National Primary Drinking Water
Regulations Maximum Contaminate Level ("MCL") for total coliform and E. Coli bacteria. 146. In response, Flint issued boil water advisories on August 16, 2014 and September
5, 2014 and treated the bacterial contamination with additional chlorine. 147. Defendants had knowledge that adding chlorine to water in corroded pipes was an
ineffective treatment for bacteria because it preferentially reacts with the bare metal, stripping away the pipes' protective coating, notwithstanding this knowledge, and that the initial chlorine treatments were ineffective at treating bacteria, more chlorine was added causing additional damage by creating high levels of total Trihalomethane ("THM").
148. It is well known in the scientific community that high levels of total THM indicates that pipes are unprotected and corroding.
149. In the summer of 2014, reported incidents of Legionnaires disease were on the rise in the Flint area, ultimately resulting in 10 deaths in 18 months.
150. Legionnaires' disease is associated with biofilms and corrosion in piping systems, and water with a pH range of 5.0 to 8.5, conditions which were all present in the Flint water supply.
151. Beginning almost immediately after the Flint River became the primary source of water for the Flint users, the MDEQ and Flint officials were aware of elevated and unlawful levels of THM.
152. In November of 2014, Defendants recognized and were on actual notice of the need to assess the factors contributing to high levels of THM following the water source change.
153. After seven months of exposure to elevated THM levels, in January 2015, Flint
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water users belatedly received a notice stating that the water was not in compliance with the

Federal Safe Drinking Water Act due to unlawful levels of THMs.

154. In January 2015, within a few weeks of the issuance of the THM notice, Flint City

Council member Eric Mays, other Flint Council members and Flint citizens, outraged over the

poor water quality approached Emergency Manager Earley, and demanded that Flint reconnect

with Detroit water. Earley refused.

155. Despite their actual knowledge and a duty to act, Defendants did nothing to

correct the foregoing problems and failed to advise Plaintiffs of the dangers presented by the

high THM levels.

156. Despite reconnecting to DWSD water, the deleterious effects of the decision to

use the Flint River as Flint's water source persists and has yet to be abated.

157. While the full extent of the contamination of the water supplied to plaintiffs is not

yet known, the bacteria in the water is not limited to E. Coli, and has caused, among other things,

skin infections and other dermatological and respiratory injuries.

E.

Response to Contamination

158. By January of 2015, representatives of DWSD expressed interest in re-

establishing a relationship with Flint and offered to waive the $4 million re-connect fee.

159. State Actors knew or should have known that DWSD water was the only source of

safe, clean water available to Flint, but, acting in concert, rejected this initiative, and deliberately

continued to mislead Flint residents to believe that their water was safe.

160. On or about January 29, 2015, DWSD offered Flint another opportunity to use Detroit

water and protect Plaintiffs from known dangers of the toxic water.

161. Notwithstanding DWSD’s overture, Flint, counseled by Defendants, again rejected

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this offer, and Defendants deliberately continued to mislead Flint residents to believe that their water was safe.
162. The Governor’s Office was aware of the DWSD offer, and the savings it would provide Flint. EM Earley rejected the offer.
163. On or about January 29, 2015, DWSD offered Emergency Manager Ambrose another opportunity to use Detroit water and protect Plaintiffs from known dangers of the toxic water.
164. Ambrose rejected this officer. 165. On January 29, 2015, State officials recognized that the public health crisis was caused by the corrosion of the entire infrastructure of the Flint water system. No action was taken to warn the public of the health crisis or to correct the harm caused by the State’s decision to switch from DWSD water to Flint River water.17 166. On January 29, 2015, Sue McCormick, the Director of DWSD, offered Ambrose an opportunity to purchase DWSD water at attractive rates. DSWD’s proposal included waiving the re-connection fee. This offer was rejected by Ambrose. 167. In January 2015, Flint home owner, Lee Ann Walters, called the EPA regarding water issues that she was experiencing at her Flint home. She informed the EPA that she and her family members were becoming physically ill from exposure to the Flint River water coming from her tap. 168. By the end of January 2015, the Governor’s office was fully aware of the public health emergency cause by the rise in Legionella bacteria found in the Flint River and launched a
17 “Sygo and Shekter Smith/MDEQ e-mail re: Flint water quality problems. Shekter Smith identifies the problem as corrosion across the distribution system rather than a ‘premise plumbing’ issue. Task Force Timeline at 8.
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cover-up of the public health crisis, having been so advised in writing.18
169. On February 1, 2015, the Governor was fully briefed on the health crisis in Flint.
Given the months of complaints from Flint water users that the water was discolored, foul
smelling/tasting and making them visibly sick, the Governor knew that there was an imminent threat to the people of Flint.19
170. Yet, neither the Governor, nor State and local public officials, took corrective
action.
171. On February 17, 2015, Flint water users staged public demonstrations demanding
that Flint re-connect with DWSD. Once again Ambrose refused to restore Detroit water for Flint
water users. State and local public officials falsely insisted that the water was acceptable for use
and took no action.
172. On February 26, 2015, Jennifer Crooks of the EPA wrote an email to MDEQ and
EPA representatives. Crooks noted that alters complained of “black sediment in her water.” She
noted that the iron contamination was so high that the testing instruments could not measure it.”20
173. In a second email on February 26, 2015, Crooks stated that Miguel Del Toral
(“Del Toral”) of the EPA is of the opinion that the “black sediment” in the Walters water was
18 “January 30, 2015: Brad Wurfel/MDEQ e-mails Dave Murray, Governor Snyder’s deputy press secretary, re: Legionella, saying he didn’t want MDEQ Director Wyant “to say publicly that the water in Flint is safe until we get the results of some county health department trace back work on 42 cases of Legionellosis in Genesee County since last May.” Task Force Report at 18. 19 “Briefing memo is prepared for Gov. Snyder on Flint water situation, including info on residents’ complaints about water quality, Mayor Walling’s call for assistance, and MDEQ ‘backgrounder’ downplaying health risks.” Wurfel: “It’s not like an imminent threat to public health.” Task Force timeline at 9. 20 Crooks said in her email: “But, because the iron levels were so high [Michael Glasgow, Flint Utilities Administrator], suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3 … Big worries here … I think Lead is a good indication that other contaminants are also present in the tap water that obviously were not present in the compliance samples taken at the plant … We also talked about Dr. Joan Rose from Michigan State being on the Flint Tech Advisory committee – would want to dive further into this … she and her family are also exhibiting the rashes when exposed to the water, and her daughter’s hair is falling out in clumps.”
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actually lead.21
174. On February 27, 2015, Stephen Busch advised Del Toral that the City was using
corrosion control. This statement was false and Busch knew it was false when he made this
statement to the EPA.22
175. On March 5, 2015, the governor and officials in the governor’s office realized that
they had a massive public health emergency which probably included widespread lead poisoning
on their hands and began discussing distributing water filters to Flint water users. These public
officials took no action to warn or otherwise protect Plaintiffs and the Class, and continued to
conceal from them and the public the true nature, extent and severity of the public health crisis.23
176. By March 10, 2015, James Henry of the GCHD raised concerns that he was being
stonewalled by the State and City in accessing public health information about the Legionella
outbreak in Genesee County. The concealment of the public health emergency by City and State
officials – Defendants herein – was shocking and unconscionable.
177. As of March 10, 2015, the defendants knew that the extreme public health
emergency involved lead poisoning, deadly Legionella bacteria and a host of other ailments.24
21 Crooks stated that “Miguel is wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment – is it phosphates? From a public health perspective, can we assume that the high lead levels in Mrs. Walters’ neighborhood are isolated to just her area? Or are they more widespread?” 22 “Busch/MDEQ responds to Del Toral/EPA saying that the City of Flint ‘Has an Optimized Corrosion Control Program,’ LeeAnn Walters’s house is ‘not part of the City’s established sample site pool’ and the residence has PVC plumbing.” Task Force Timeline at 10. 23 “Officials in Governor’s Office and MDEQ begin discussing providing water filters to Flint citizens.” Id. 24 “James Henry/GCHD e-mails Howard Croft/Flint DPW, Prysby/MDEQ, Mayor Walling and others citing the city’s and state’s lack of cooperation and failure to respond to his requests for information – and a Jan. 2015 FOIA – to support county’s investigation of potential causes of Legionellosis outbreak in Flint. ‘This is rather glaring information and it needs to be looked into now, prior to the warmer summer months when legionella is at its peal and we are potentially faced with a crisis.’” Exhibit B, Task Force Timeline at 9. The Task Force Report highlights the government misconduct which prolonged the danger created by the State when it decided to use the highly corrosive Flint River water. The Task Force stated in its report that “[a]s the Flint water crisis unfolded, certain state agencies’ perceived need to defend the original decision to switch to the Flint River and resist a return to DWSD resulted in public relations and communications efforts that have, at times, been inappropriate. In the spring and summer of 2015, for example, this perceived need to defend a flawed decision manifested itself in attempts by MDEQ and MDHHS to discredit accurate information on lead in drinking water and elevated blood
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178. On March 25, 2015, Flint City Council voted to re-connect to Detroit’s water
system. Governor Snyder’s appointed Emergency Manager, Gerald Ambrose, exacerbated the State-created danger by rejecting this vote of the Flint public officials.25
179. On or about May 6, 2015, employees from EPA Region 5 arrived in Flint and began
sampling the water for elevated lead levels. The EPA samples disclosed dangerously and alarmingly
high lead levels in excess of 15 ppb, indeed as high as 13,500 ppb, a level twice what is required for
classification as hazardous waste.
180. On June 24, 2015, Del Toral of the EPA prepared a memorandum entitled, “High
Lead Levels in Flint Michigan-Interim Report” (“Del Toral Report”). On the following day, Del
Toral wrote an internal email with respect to the elevated lead in Flint water at EPA stating:
“I understand that this is not a comfortable situation, but the State is complicit in this and the public has a right to know what they are doing because it is their children that are being harmed.”
181. Del Toral further warned that the failure to inform Flint water users of the
elevated lead levels was “bordering on criminal neglect.”
182. The Del Toral Report was shared with, among others, MDEQ’s Chief of Office of
Drinking Water and Municipal Assistance, Liane Shekter-Smith, MDEQ’s Water Treatment
Specialist, Patrick Cook, MDEQ’s District Supervisor, Stephen Busch, and MDEQ’s Engineer
assigned to District 11 (Genesee County), and Michael Prysby.
lead levels provided by outside experts. Citizen concerns were at times derided and dismissed, in spite of the fact that various members of the Governor’s staff had expressed – and were expressing – concerns about the water situation in Flint at the same time.” ….In any event, the facts in this case point to the reality that state government, as the entity in charge of Flint decision-making, failed to protect the health of the city’s residents. Task Force Report at 37, 40 (Emphasis added.). 25 The Task Force further notes that in March, 2015, Emergency Manager Ambrose completely ignored numerous alarms and warnings that the Flint River water was dangerous to the health of the Flint water users. “Flint City council votes 7 – 1 to end Flint River service and return to Detroit water service; the vote is non-binding since Flint is under EM control. Flint EM Ambrose: ‘It is incomprehensible to me that … Flint City Council would want to send more than $12 Million a year to a system serving Southeast Michigan, even if Flint rate payers could afford it. (Lake Huron) water from Detroit is no safer than water from Flint.’” Task Force Timeline at 10.
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183. Nonetheless, State and local public officials failed to undertake any measures to effectively address any of the dangers, including lead poisoning, identified by EPA Agent Del Toral.
184. On June 30, 2015, Mayor Walling notified EPA Region 5 Director, Dr. Susan Hedman (“Hedman”) that Del Toral was speaking publicly about the Flint environmental crisis.
185. On July 2, 2015, Hedman advised Walling that he was given a preliminary draft and that it would be premature to draw any conclusions based on that draft.
186. On July 10, 2015, MDEQ official Brad Wurfel, in an effort to conceal the public health crisis, appeared on public radio and advised listeners that Flint water was safe and that it was not causing “any broad problem” with lead leaching into residential water. Parents, worried about the lead poisoning of their children demanded answers from Wurfel. He told the concerned parents, “[l]et me start here-anyone who is concerned about lead in the drinking water can relax.” Wurfel, at the time he made this statement, knew his statements were false and he deliberately misled the public about the seriousness of the crisis.
187. By July 2015, multiple agencies within the State of Michigan, including the Governor, the Governor’s Office and MDEQ, had actual notice of high lead exposure and other dangers, including Legionnaires’ disease, associated with Flint water.
188. On July 22, 2015, Governor Snyder’s Chief of Staff, Dennis Muchmore, wrote to MDHHS Director Lyon and stated that the Plaintiffs’ concerns (and those of the Class and the people of Flint) regarding lead poisoning and other dangers were being “blown off” by the Defendants.
189. On July 24, 2015, Wurfel continued to promote the cover-up of the health crisis. In response to the recognition that the Defendants were blatantly ignoring the concerns of Flint
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residents, he stated, “In terms of near-future issues, the bottom line is that residents of Flint do not need to worry about lead in their water supply, and DEQ’s recent sampling does not indicate an imminent health threat from lead or copper.”
190. In August 2015, Professor Marc Edwards of Virginia Tech determined that there was serious lead contamination of the Flint water system and stated that the people of Flint face a major public health emergency.
191. Professor Edwards also determined that the Flint River water was 19 times more corrosive than the water pumped from Lake Huron by the Detroit water system and that without corrosion control treatment, lead was leaching out from the lead based service lines at alarming rates.
192. On or about September 2, 2015, Professor Edwards published the results of his studies described above.
193. Wurfel immediately dismissed and discredited Edwards by stating that Edwards’s team “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.”
194. The increase in elevated blood lead levels in Flint’s children, and Wells’ failure to do anything to prevent further injury to the people of Flint, identifies yet another aspect of this unconscionable government-created health and public safety emergency. Wells, aware of the elevated blood lead levels in Flint’s children, failed to report the evidence to the MDEQ, Governor’s Office, EPA or the Flint community. Her concealment of this critical information increased the risk and exacerbated the danger.26
26 The Task Force Report states that in July, 2015, the MDHHS knew that there was a spike in elevated blood lead levels of Flint children which correlated with the onset of the Flint River water as a drinking water source for Flint water users. The MDEQ knew its public statement in September about no elevated blood lead levels was false.
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195. Almost immediately following Edwards studies, widespread public demands to reconnect Flint to the Detroit water system were made to the State Actors from, among others, the following national, regional and local public interest groups:
a. The ACLU of Michigan, b. The Natural Resources Defense Council, c. The Michigan Chapter of the National Conference of Black Lawyers, d. The Michigan/Detroit Chapter of the National Lawyers Guild, e. The NAACP-Michigan State Conference, f. The Michigan Nurses Association, g. The Democracy Defense League Water Task Force, h. Water You Fighting For, i. Concerned Pastors for Social Action, and j. Coalition for Clean Water and other similar public interest groups. 196. Wurfel, speaking for the State, immediately dismissed and discredited Edwards by stating that Edwards’s team “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.” 197. By late 2014 or early 2015, Lyon was aware from MDHHS data that there was a
(“July 28, 2015: MDHHS epidemiologist Cristin Larder finds that children’s blood lead tests conducted in summer 2014 “lie outside the control limit” compared with prior years and that this finding “does warrant further investigation.” On the same day, CLPPP data manager Robert Scott analyzes the data over a 5-year period and concludes that “water was not a major factor.” Later that day, CLPPP manager Nancy Peeler concludes that the lack of persistently elevated blood lead levels in children in Flint beyond the summer months indicates no connection to the change in water in Flint in 2014. Larder then receives email communication from Peeler: Peeler has concluded from CLPPP data and communicated with MDHHS leadership that there is no problem with children’s lead levels in Flint.” Task Force Report at 20.
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dramatic increase in the percentage of Flint children with elevated blood lead level readings from blood drawn during the second and third quarters of 2014, and that Legionnaires’ disease was on the rise during the same period of time. Lyon was aware of this dangerous condition but did nothing to report the findings to the Plaintiffs, their Class or the public.
198. Lyon knew that these elevated blood lead levels, and an increase of Legionnaires’ disease found in its own database, correlated with the introduction of the corrosive Flint River water into the Flint water distribution system. Lyon did not order that any action be taken to warn the public.
199. The increase in elevated blood lead levels in Flint’s children, and Lyon’s failure to do anything to prevent further injury to the people of Flint, identifies yet another aspect of this unconscionable government-created health and public safety emergency. Lyon, aware of the elevated blood lead levels in Flint’s children, failed to report the evidence to the MDEQ, Governor’s Office, EPA or the Flint community. His concealment of this critical information increased the risk and exacerbated the danger.27
200. Dr. Mona Hanna-Attisha, in the summer of 2015, using data available to her from Hurley Hospital, observed a similar spike in the percentage of Flint children with elevated blood lead levels from blood drawn in the second and third quarter of 2014. She published her study in an effort to alert the community about the health risks associated with drinking Flint River water.
27 The Task Force Report states that in July, 2015, the MDHHS knew that there was a spike in elevated blood lead levels of Flint children which correlated with the onset of the Flint River water as a drinking water source for Flint water users. The MDEQ knew its public statement in September about no elevated blood lead levels was false. (“July 28, 2015: MDHHS epidemiologist Cristin Larder finds that children’s blood lead tests conducted in summer 2014 “lie outside the control limit” compared with prior years and that this finding “does warrant further investigation.” On the same day, CLPPP data manager Robert Scott analyzes the data over a 5-year period and concludes that “water was not a major factor.” Later that day, CLPPP manager Nancy Peeler concludes that the lack of persistently elevated blood lead levels in children in Flint beyond the summer months indicates no connection to the change in water in Flint in 2014. Larder then receives email communication from Peeler: Peeler has concluded from CLPPP data and communicated with MDHHS leadership that there is no problem with children’s lead levels in Flint.” Task Force Report at 20.
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201. The Defendants and the MDHHS immediately accused Dr. Hanna-Attisha of providing false information to the public.
202. In September 2015, the MDEQ continued to falsely assure the public that use of Flint Water was safe and continued to deny the public health crisis at hand.
203. An example of this type of misleading public statement is found in a MDEQ document entitled, “DEQ Frequently Asked Questions, Water Lead Levels in the City of Flint, September 2015” which stated: “Are there other ways the city monitors for lead exposure? The County Health Departments, overseen statewide by the Michigan Department of Health and Human Services, regularly monitors blood levels in children throughout Michigan communities. The leading cause of lead poisoning is exposure to lead paint. Blood lead level testing results for the 12-month period just after the City of Flint changed its water source (May 2014 – April 2015) showed no significant change in the patter of blood lead levels in Flint, compared to the previous three years. This data suggests the recent change in water source by the City of Flint has not contributed to an increase in lead exposure throughout the community.”
204. On September 25, 2015, Wurfel falsely advised media and the public that MDHHS officials have re-examined its blood lead level data and the MDHHS statistics do not show the same upward trend documented by Dr. Hanna-Attisha.
205. On September 28, 2015, Wurfel stated publically that the Flint water crisis was becoming “near-hysteria” because of Dr. Hanna-Attisha’s report. He said that he wouldn’t call her reports “…irresponsible. I would call them unfortunate.” Wurfel finished his remarks that day by falsely stating that “Flint’s drinking water is safe in that it’s meeting state and federal standards.”
206. On September 29, 2015, Wurfel referred to EPA Del Toral as a “rogue
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employee.” 207. By late September 2015, reconnecting to the Detroit water system was the only
reasonable option to protect the health and safety of the Flint water users. Yet the state deliberately chose not to do so. Instead, on or about October 2, 2015, State officials announced that the State would appoint a Flint Water Advisory Task Force and would provide water filters designed to eliminate the lead in the water to Flint water users.
208. On October 8, 2015, the Governor recognized that he could no longer pretend and perpetrate the myth that the water from the Flint River was safe. He finally ordered Flint to reconnect with the Detroit water system which contained corrosion control chemicals.
209. As of or about October 8, 2015, Flint’s Eisenhower and Freeman Elementary Schools, along with Brownell/Holmes STEM Academies exceeded 15 ppb for lead -- the safety standard set by the federal government. Students and staff were ordered to drink bottled water only.
210. The re-connect to DWSD took place on or about October 16, 2015. 211. On or about December 29, 2015, a special Task Force assigned by Immune Public Official Governor Snyder (“Governor’s Task Force”) issued its preliminary report which concluded, among other things, that:
a. “…we are particularly concerned by recent revelations of MDHSS’s apparent early knowledge of yet, silence about, elevated blood lead levels detected among Flint’s children.”
b. “The City of Flint’s water customers-fellow Michigan citizens-were needlessly and tragically exposed to toxic levels of lead through their drinking supply.”
c. “The Flint water crisis never should have happened.” d. “We believe the primary responsibility for what happened in Flint rests with
the Michigan Department of Environmental Quality (MDEQ). Although
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many individuals and entities at state and local levels contributed to creating and prolonging the problem, MDEQ is the government agency that has responsibility to ensure safe drinking water in Michigan. It failed in that responsibility and must be held accountable for that failure.”
e. “The Federal Lead and Copper Rule (LCR) is central to what happened in Flint, because that rule, at least theoretically to the Flint River is designed to prevent lead and copper contamination of drinking water. The federal LCR calls for ‘optimized corrosion control treatment,’ which the MDEQ did not require in the switch to Flint River….The decision not to require [corrosion control treatment], made at the direction of MDEQ, led directly to the contamination of the Flint water system.”
f. “Throughout 2015, as the public raised concerns and as independent studies and testing were conducted and brought to the attention of MDEQ, the agency’s response was often one of aggressive dismissal, belittlement, and attempts to discredit these efforts and the individuals involved….the MDEQ seems to have been more determined to discredit the work of others-who ultimately proved to be right-than to pursue its own oversight responsibility.”
212. On or about December, 29, 2015, Wyant resigned as Director of MDEQ and Wurfel
resigned as its Communications Director.
213. Flint is currently in a State of Emergency: Mayor Karen Weaver declared a State
of Emergency on December 14, 2015. On January 4, 2016, the Genesee County Commissioners
declared a State of Emergency. On January 5, 2016, Governor Snyder declared a State of
Emergency. On January 13, 2016, the Governor activated the Michigan National Guard to assist
the people of Flint. On January 14, 2016, the Governor asked President Barak Obama and the
Department of Homeland Security, Federal Emergency Management Agency (“FEMA”) to
declare Flint a Major Disaster. On January 16, 2016, FEMA issued an emergency declaration to
assist the people of Flint.
214. The relief efforts of State public officials have been ineffective, indeed often
frivolous, in mitigating the devastation caused by its creation of the public health crisis. The
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mitigation efforts have further exacerbated the effects of the public health calamity created by the State.
215. The public health crisis was first confirmed by the Genesee County Health Department and the City of Flint on September 25, 2015, when they issued a lead advisory warning city residents about high levels of lead in Flint water. Governor Snyder belatedly and publicly recognized that Flint residents were potentially exposed to unsafe levels of lead in October 2015. Once the crisis became public, the value and marketability of property within the City of Flint was immediately and significantly impaired. Lenders became hesitant to authorize loans for purchase of realty within the City and property values plummeted.
216. On April 20, 2016, Attorney General Bill Schuette filed criminal charges against Defendants Busch, Prysby and Glasgow in Genesee County. Criminal charges included criminal common law claims of misconduct in office, conspiracy tampering with evidence and willful neglect of duty, as well as charges for violation of the Michigan Safe Water Drinking Act.
217. In subsequent testimony before the United States House Oversight Committee in March of 2016, Governor Snyder testified:
a. From the day the City of Flint began using the Flint River as an interim water supply on April 25, 2014 – and repeatedly after that – the state Department of Environmental Quality assured us that Flint’s water was safe.
b. It wasn’t. A water expert at the federal EPA tried to raise an alarm in February 2015, and he was silenced.
c. It was on October 1, 2015, that I learned that our state experts were wrong. Flint’s water had dangerous levels of lead.
218. Irrespective of when he first learned of the issue, which Plaintiffs contest, Governor Snyder’s testimony establishes that the Michigan Department of Environmental Quality had fraudulently misinformed the citizens of Flint about the dangerousness of drinking Flint water. The State Defendants did not tell the truth to the citizens of Flint until October of
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2015. 219. Plaintiffs justifiably relied upon the false representations from Defendants that the
water was safe and appropriate for use, to their detriment. 220. Defendants’ conduct in misinforming the citizens of Flint about the safety of
drinking Flint water between April 25, 2014 and October of 2015 constituted fraudulent concealment pursuant to MCL §600.5855.
F. The Private Engineering Defendants’ Conduct
221. LAN was hired to complete an “Operational Evaluation Report,” consistent with EPA guidelines, to determine the cause(s) of high levels of total THM and evaluate possible solutions. EPA guidelines require testing when there is a change in water source or quality, including pH levels, and any change in chemical applications, in dosage or type of chemicals.
222. Flint also retained Veolia to “review and evaluate the water treatment process and distribution system, provide recommendations to maintain compliance with both state and federal agencies, and assist in implementing accepted recommendations,” and to provide an “[e]valuation of the City’s process and procedures to maintain and improve water quality,” and to provide a “[r]eport that outlines recommendations that will improve the water treatment distribution system.”
223. LAN and Veolia performed their professional duties at a level below the appropriate standard of care employed by engineers of ordinary learning, judgment, and skill. Both failed to conduct appropriate analysis that would have identified the need for corrosion control. They recommended adding ferric chloride to the Flint water system, which rapidly increased the rate of corrosion and therefore of lead leaching into Flint’s drinking water.
224. LAN issued a report on THM in February 2015, and Veolia issued a report on Flint water quality in March 2015, but neither report included a root cause analysis identifying corrosion
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as a cause of THM levels. A report by engineers of ordinary learning, judgment, and skill would include such an analysis.
225. The failure to perform an appropriate analysis caused LAN and Veolia to treat elevated THM levels as a disinfection issue, which in turn increased the rate of corrosion in the Flint water system.
226. Neither LAN nor Veolia investigated the chloride to sulfate mass ratio, which at the levels they were found would have indicated to engineers of ordinary learning, skill, and judgment that the Flint River water is corrosive.
227. The ineffective treatment of E. Coli with chlorine – of which ineffectiveness LAN and Veolia were aware - should have alerted LAN and Veolia to the existence of corrosion, as the inability to effectively treat E. Coli with chlorine is usually caused by corrosion.
228. An uptick in reported cases of Legionnaires’ disease, publicly announced prior to the retention of LAN or Veolia, was similarly indicative of corrosion and would have put engineers of ordinary learning, skill, and judgment on notice of the problem.
229. Neither LAN nor Veolia recommended that Flint take any efforts to prevent the growth of legionella, which could have included an assessment of the water quality and installation, operation, and maintenance of systems to protect the installations from sludging, lime scale deposits, and corrosion.
230. The discoloration of Flint’s water should have alerted any engineer of ordinary learning, skill, and judgment that the city’s pipes were dangerously corroded, as discoloration and rust are products of corrosion.
231. Undertaking an appropriate analysis, and performing their professional functions to an ordinary degree of learning, skill, and judgment, would have alerted LAN and Veolia to the
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significant corrosion in Flint’s water system and the lack of proper corrosion control protocol. 232. The EPA requires a city such as Flint with lead pipes to maintain corrosion control
protocols to protect the public from lead entering drinking water. The Lead and Copper Rule requires corrosion controls for lead if the 90th percentile of samples exceed levels of 0.015mg/L of lead.
233. Veolia’s statement in its March 2015 report that its “review of water quality records for the time period under our study indicated compliance with State and Federal water regulations” was patently false.
234. Veolia was aware that Flint did not have a corrosion control protocol, and undermined the importance of installing one by stating that it was unlikely to be effective in addressing the discoloration of the water.
235. LAN also knew, or should have known, that Flint’s water was not compliant with federal regulations and should have alerted the City of Flint to the corrosion in the city’s pipes.
236. LAN and Veolia negligently failed to make the foregoing determinations and negligently failed to perform the appropriate analysis, and as a direct and proximate result, pipes throughout Flint corroded, leading to elevated THM, lead, and bacteria levels, constituting professional negligence.
237. LAN and Veolia exacerbated the corrosion problem they negligently failed to identify and ameliorate, by recommending the addition of ferric chloride, a potent corrosive acid, without the addition of an alkaline buffer to raise the pH of the water.
238. Ferric chloride is added at the Water Treatment Plant to bind water impurities together so they settle out of the water at the plant, but without an alkaline buffer will attack the pipes and cause lead and other material to be released into the drinking water.
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239. The addition of an alkaline buffer to ferric chloride treatment is the recognized standard of care, which Veolia and LAN failed to follow.
240. In its March 2015 report, despite its knowledge that Flint had no corrosion control protocol, Veolia represented that the current ferric chloride dosages were too low and recommended dosages of 100 mg/L or more, but knew or should have known that corrosion was already a serious public health issue in Flint.
241. In August 2015, LAN recommended increasing the dose of ferric chloride. 242. The increased ferric chloride dosages caused substantially greater amounts of lead to leach into the Flint water supply. 243. Both LAN and Veolia analyzed the pH in Flint’s water, made recommendations about the addition of chemicals that affect pH, and were both negligent in their analysis of the pH and their recommendations. 244. LAN and Veolia’s reports implicitly and explicitly deemed Flint’s water system compliant with federal regulations (despite the knowledge that they were not employing appropriate corrosion controls), and therefor wrongly accorded the City of Flint’s water the imprimatur of safety which lead to the false assurances that Flint’s water was potable.
G. Plaintiffs’ Harms and Damages 245. During the relevant time period, Plaintiffs were unaware of the toxicity and contamination of the water supply they regularly used for drinking, cooking, washing, bathing, showering, dish and clothes washing, which contamination resulted from Defendants conduct and failure to act to protect the community. 246. The conduct of defendants caused serious and irreparable harm to the residents of Flint. In addition to the harm to the residents, the prolonged exposure of the highly corrosive water
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without adequate anti-corrosive agents has irreparably damaged the approximately 15,000 sets of lead and copper plumbing throughout the City of Flint, all of which must now be replaced.
247. As a proximate result of Defendants' conduct, as set forth herein, Plaintiffs have experienced serious physical and emotional injury and severe and persistent pain and suffering due to their exposure to the toxic water, all currently and into the indefinite future.
248. Plaintiffs have also sustained property damage including irreparably damaged service line pipes as well as substantial loss in the value of their properties.
249. As a proximate result of Defendants' deliberate indifference, as set forth herein, Plaintiffs have experienced a seriously diminished quality of life, as well as loss of use and enjoyment of their property, and incurred substantial expense in coping with the inconvenience and disruption it has caused in their lives, including but not limited to the cost of bottled water, transportation and medical care.
H. Personal and Property Damages Suffered by the Class 250. As a direct, proximate and foreseeable cause of Defendants' conduct, Plaintiffs and the Class have suffered extensive personal and property damage.
1. Lead's Devastating Health Effects and Other Personal Injuries Caused by Flint's Water Crisis.
251. Lead's catastrophic effects are indisputable. According to the EPA, "[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells."
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252. According to the World Health Organization, "lead affects children's brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible."
253. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
254. Lead is so harmful that, according to the EPA, "ingestion of lead can cause seizures, coma and even death."
255. The effects of lead exposure are long lasting. The EPA has explained that, "[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth."
256. Lead is also harmful to adults. The EPA warns that "[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women)."
257. The costs of lead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course
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of appropriate treatment. Leonardo Trasande and Yinghua Liu, Reducing The Staggering Costs Of Environmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (2011): 863-870.
258. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning - typically chelation therapy - as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
259. Given the long-lasting risks of lead exposure, and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
260. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires' disease. As explained above, the presence of Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires' and at least nine died. Those members of the Class who became infected with Legionnaires' disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants' conduct.
261. Finally, as a direct and proximate result of Defendants' conduct, Plaintiffs and the Class have suffered extreme emotional distress.
2. Flint’s Children: Catastrophic Lifetime Losses 262. Flint's most vulnerable - its children- have suffered the most disastrous consequences from lead exposure- diminished potential over the entire course of their lives. The World Health Organization states, "[t]hese costs are sometimes referred to as lost opportunity
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costs. Using a conservative estimate, the decrease in intelligence attractable to each 1 µg/dl increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial."
263. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical, sociological, disability and occupational services, or long-term monitoring and treatment costs.
264. According to an analysis of the economic losses attributable to lead exposure in 2009, "[t]he present value of Michigan's economic losses attributable to lead exposure in the 2009 cohort of 5-year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings." Michigan Network for Children's Environmental Health, The Price of Pollution: Cost Estimates of Environment-Related Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates of the fallout from Flint's lead crisis.
265. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
266. As a direct and proximate result of Defendants' conduct, Flint's children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
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3. Property Damages Caused by Defendants' Conduct 267. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants' conduct, as described above, has caused significant property damage. 268. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and Legionella and other harmful organisms - thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs' and the Class's real property has been substantially diminished as a result of the continuing need to use bottled water due to the questionable safety of Flint's water and existence of corroded pipes and appliances. 269. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this will not render Flint's water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply. 270. The residents' homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects. 271. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated:
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"[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains."
272. The Water Research Watershed Center has further explained that, "The cost of corrosion can be expensive. Corrosion can impact you and your family's health, aesthetic quality of your water, waste money, and damage your household piping and fixtures."
273. Not only does corrosion cause the "premature failure of household plumbing and plumbing fixtures," the Water Research Watershed Center has explained, corrosion also "decreases the efficiency of hot water heaters and may cause premature failure to the heater." Moreover, residents have already reported damage to major appliances such as dishwashers and washing machines following Flint's decision to switch water sources.
274. According to emails from Governor Snyder's office, the State estimates that replacing Residents' pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
275. Corroded pipes not only present a continuing health threat, they risk further damage to one's property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
276. Although the City has stated it intends to begin replacing some City-owned pipes, this is far from sufficient to render Flint's water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that "changing all the mains in the city will not really solve the problem for the homeowners" because the lead piping in these homes probably has been severely
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compromised. "The corrosion is not going away. It's still there." 277. Plaintiffs and the Class have been left to pay for the damage caused by
Defendants. This has proven nearly impossible as many of the City's residents survive on very little money. To make matters worse, the Washington Post has reported that, "many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say."
278. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
279. Moreover, the problems associated with Flint's water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, "[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing."
280. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: "[u]ntil [water] testing and potability is affirmed, it will be difficult to lend," said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint's residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to lesscreditworthy borrowers, explained, government regulations require "a continuing and sufficient
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supply of safe and potable water" to provide home financing. 281. This creates a true catch-22. Despite having switched back to receiving its water
from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe.
V. CLASS ACTION ALLEGATIONS 282. Plaintiffs bring this action on behalf of themselves and as a class action pursuant
to Federal Rules of Civil Procedure, Rule 23 (a), (b)(2) and (b)(3), on behalf of a Class of similarly situated persons and entities, which is defined as follows:
283. All persons and entities that have resided in, owned and/or rented property in, the City of Flint, Michigan since April 25, 2014.
a. Plaintiffs Tommie Lowery, Sr. and Sandra York represent a sub-class of home owners who live in the home they own in the City of Flint.
b. Plaintiffs Dorsey Ross, Jr., Eugene Nelson, and Bernie Nelson represent a subclass of non-Flint-City-resident owners of rental property in the City of Flint.
c. Plaintiff Tommie Lowery, Sr., on behalf of minor plaintiffs Tommie Lowery, Jr., Isiah Lowery, and Marcus Lowery, represent a sub-class of children who live and lived in Flint and were exposed to the water during the relevant time-period (April 25, 2014 to present).
d. Plaintiffs Tommie Lowery, Sr. and Sandra York represent a sub-class of residents of Flint who have reached the age of majority and were exposed to the water during the relevant time-period (April 25, 2014 to present).
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284. The following persons or entities are excluded from the Class: Defendants; Defendants' parent companies and their subsidiaries, agents or affiliates; Defendants' officers, directors, management, employees, subsidiaries, agents or affiliates; and federal governmental entities and instrumentalities of the federal government including the Judge to whom this case is assigned and the Judge's staff and immediate family.
285. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way.
286. Plaintiffs believe that there are thousands of Class members located in the United States, making the Class so numerous and geographically dispersed that joinder of all members is impracticable.
287. Questions of law or fact common to the Class include: (a) whether Defendants engaged in the conduct alleged herein; (b) whether LAN and Veolia committed professional malpractice when they failed to conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control; (c) whether an optimal corrosion control protocol was implemented, as required by the Safe Drinking Water Act and the Lead and Copper Rule, pursuant to 40 C.F.R. § 141.81(d)(4), since April 25, 2014, when the switch to the Flint River was; (d) whether the individual defendants were grossly negligent; (e) whether Defendants "continue[d] to operate and maintain optimal corrosion control treatment", as required by the Safe Drinking Water Act and the Lead and
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Copper Rule, pursuant to 40 C.F.R. §141.82(g); (f) whether Defendants knew or should have known that Flint's water supply
indicated the presence of lead; (g) whether Defendants knew or should have known that Flint's water supply
indicated the presence of legionella; (h) whether Defendants took steps to conceal the presence of lead in Flint's water
supply or otherwise falsely assured Plaintiffs and the Class that Flint's water was safe; (i) whether Defendants' conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein; and (j) whether the State of Michigan can be held liable for injunctive relief to class members under NREPA (see Fifteenth Cause of Action, infra) (k) whether Plaintiffs and Class Members are entitled to damages and other monetary and equitable relief, and if so, in what amount and nature. 288. These and other questions of law and fact are common to the Class and predominate over any questions affecting the Class members individually. 289. Plaintiffs' claims are typical of the claims of Class members, and Plaintiffs will fairly and adequately protect the interests of the Class. Plaintiffs and all members of the Class are similarly affected by Defendants' wrongful conduct in that they suffered conduct. Plaintiffs' claims arise out of the same common course of conduct giving rise to the claims of the other Class members. Plaintiffs' interests are coincident with, and not antagonistic to, those of the other Class members. 290. Plaintiffs are represented by competent counsel with experience in the prosecution
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of class actions. 291. The prosecution of separate actions by individual members of the Class would
create a risk of inconsistent or varying adjudications, establishing incompatible standards of conduct for Defendants.
292. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The Class is readily definable. Prosecution as a class action will eliminate the possibility of repetitious litigation. Treatment as a class action will permit a large number of similarly situated persons to adjudicate their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would engender. This action presents no difficulties in management that would preclude maintenance as a class action.
293. In the alternative, Plaintiffs seek class certification as to particular issues as permitted under Federal Rule of Civil Procedure 23(c)(4). Plaintiffs seek certification as to the questions identified in Paragraph 224 (a) through (g). Plaintiffs respectfully maintain that the class certification as to these issues is appropriate, as required by the Rule 23(c)(4) because certification as to particular issues provides a superior to any alternative means of adjudication as it eliminates the possibility of duplicative, inefficient litigation of identical issues.
VI. CAUSES OF ACTION First Cause of Action
(Professional Negligence - Engineering Defendants) 294. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 295. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiffs,
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the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property.
296. As a result, LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would.
297. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control.
298. As a direct and proximate result of LAN and Veolia's negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Second Cause of Action (Gross Negligence - All Defendants) 299. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 300. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to their property. 301. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such,
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Defendants gross negligently, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class.
302. The Government Defendants breached their duty by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint's drinking water, and, consequently, the presence of lead and other contaminants in their homes and rental properties, despite Governmental Defendants' actual or constructive knowledge that this failure to warn would cause harm.
303. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN's and Veolia's gross negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
304. Defendants' conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
Third Cause of Action (Negligence - All Defendants) 305. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 306. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care.
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307. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead.
308. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their property.
309. Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
310. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint's drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members.
311. As a result of Defendants' breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants' negligence for many years into the future.
312. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
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313. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
314. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN and Veolia's negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
315. As a direct and proximate result of Defendants' negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Fourth Cause of Action (Intentional Infliction of Emotional Distress - All Defendants) 316. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 317. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs and the Class serious emotional distress. Defendants' outrageous conduct in causing, prolonging, and obscuring Plaintiffs' exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that Plaintiffs' distress was certain, or substantially certain to result from their conduct, or Defendants acted in deliberate disregard of a high degree of probability that the Plaintiffs and the putative class would suffer emotional distress as a result.
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318. Defendants' outrageous conduct caused severe distress to Plaintiffs and the Class and was the proximate cause of Plaintiffs' injuries.
319. As such, Defendants breached their duty to exercise reasonable care towards Plaintiffs and the Class.
320. Plaintiffs and the Class suffered serious emotional distress as a direct and foreseeable result of Defendants' conduct.
Fifth Cause of Action (Negligent Infliction of Emotional Distress - All Defendants) 321. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 322. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 323. As alleged herein, Defendants failed to exercise reasonable care which had the direct and foreseeable result of causing Plaintiffs and the Class severe emotional distress.
Sixth Cause of Action (Violation of Safe Drinking Water Act's Notification Requirements - Government
Defendants)
324. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
325. The Safe Drinking Water Act ("SDWA") was passed by Congress in 1974, with subsequent amendments in 1986 and 1996, to ensure and protect the quality of Americans' drinking water. Under SDWA, the United States Environmental Protection Agency ("U.S. EPA") is given authority to set the standards for drinking water quality and oversee states, localities, and water suppliers who implement those standards.
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326. Through the SDWA, all public water systems in the United States need to follow the standards and regulations set by the EPA. U.S.EPA has set maximum contaminant levels and/or treatment technique requirements for over 90 different contaminants in public drinking water, including microorganisms, disinfectants, disinfections by-products, inorganic chemicals, organic chemicals, and radionuclides.
327. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council.
328. The Government Defendants operate a "public water system" pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(f); 40 C.F.R. §141.2.
329. Regulations established under the SDWA require that,"...all water systems must provide a consumer notice of lead tap water monitoring results to persons served at the sites (taps) that are tested. Any system exceeding the lead action level shall implement the public education requirements." 40 C.F.R, §141.80(g).
330. Since April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to comply with the requirement that water systems notify customers of the individual results of tap water samples collected and tested for lead within thirty days after the water system receives the results. 40 C.F.R. §§ 141.85(d)(l),(d)(2).
331. For all monitoring conducted since the switch to the Flint River was made on April 24, 2015, Defendants have failed to notify Plaintiffs, the Class and those residing at each sampling site of the presence of elevated lead levels in the public water supply.
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Seventh Cause of Action (Violation of Safe Drinking Water Act's Requirement to Operate Optimal Corrosion
Control Treatment - Governmental Defendants)
332. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
333. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council.
334. The Government Defendants operate a "public water system" pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(t); 40 C.F.R. § 141.2.
335. To address corrosion of lead and copper into drinking water, U.S. EPA issued the Lead and Copper Rule (LCR) under the authority of the SDWA. 42 U.S.C §§ 300(f) to 300j-26; 40 C.F.R. § 141.80-141.91. One requirement of the LCR is corrosion control treatment to prevent lead and copper from contaminating drinking water. Corrosion control treatment means utilities must make drinking water less corrosive to the materials it comes into contact with on its way to consumers' taps. The regulations implementing the LCR, 40 C.F.R. § 141.80- 141.91, "constitute the national primary drinking water regulations for lead and copper. Unless otherwise indicated, each of the provisions of this subpart applies to community water systems and non-transient, non-community water systems (hereinafter referred to as "water systems" or "systems")." 40 C.F.R. § 141.80(a).
336. The LCR establishes a treatment technique that includes requirements for corrosion control treatment, source water treatment, lead service line replacement, and public
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education. "These requirements are triggered, in some cases, by lead and copper action levels measured in samples collected at consumers' taps." 40 C.F.R. § 141.80(b).
337. The LCR requires systems to monitor drinking water at customer taps. If lead concentrations exceed an action level of 15 ppb in more than 10% of customer taps sampled, the system must undertake a number of additional actions to control corrosion.
338. As described more fully herein, the lead levels in Flint's water exceeded the thresholds established under the LCR.
339. Since the switch to the Flint River was made on April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to operate and maintain optimal corrosion control treatment. 40 C.F.R. § 141.82(g).
340. Defendants have failed to maintain optimal corrosion control treatment because it did not treat the water being sold to Flint residents with corrosion-inhibiting chemicals to minimize the amount of lead leaching into the public water supply.
341. The absence of optimal corrosion control treatment caused and continues to cause dangerous amounts of lead to enter the public water supply relied upon by Plaintiffs and the Class.
342. Additionally, the LCR provides that "[a]ny system exceeding the lead action level after implementation of applicable corrosion control and source water treatment requirements shall complete the lead service line replacement requirements contained in § 141.84." 40 C.F.R. § 141.80(f). A water system must replace annually, at least 7 percent of the initial number of lead service lines in its distribution system. The initial number of lead service lines is the number of lead lines in place at the time the replacement program begins. The system must identify the initial number of lead service lines in its distribution system, including an
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identification of the portion(s) owned by the system, based on a materials evaluation, including the evaluation required under § 141.86(a) and relevant legal authorities (e.g., contracts, local ordinances) regarding the portion owned by the system. The Government Defendants have yet to comply with these requirements.
Eighth Cause of Action Inverse Condemnation - Government Defendants 343. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 344. The actions of the Government Defendants, in switching the Flint water system from water provided by the DWSD to water sourced from the Flint River, constitute an unconstitutional taking of Plaintiffs' property without due process of law and without just compensation under Michigan law. 345. Article 10, § 2 of the Michigan Constitution of 1963 provides that "[p]rivate property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law." 346. The Government Defendants caused Plaintiffs' property (including, but not limited to, underground and interior pipes, plumbing fixtures, and appliances) to be actually and physically invaded by water containing corrosive chemicals. These chemicals permanently corroded and rendered useless and valueless Plaintiffs' property, diminished the value of Plaintiffs' real property, and otherwise encroached on Plaintiffs' use and enjoyment of their property. 347. The Government Defendants proximately and substantially caused the damage to Plaintiffs' property set forth in this Count through one or more affirmative acts of introducing
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water containing corrosive chemicals into pipes connected with and flowing into Plaintiffs' property.
348. The Government Defendants undertook the affirmative acts set forth in this Count for a public purpose- namely, to reduce the cost to the City and its residents of providing water to the residents of Flint.
349. Under Michigan law, there is no governmental immunity for violations of state constitutional rights, including the right to due process and just compensation for takings of property for public use.
350. Plaintiffs are entitled to just compensation for the diminution in the value of their property caused by the Government Defendants' affirmative acts, in an amount to be determined at trial.
Ninth Cause of Action (Trespass - Government Defendants) 351. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 352. Defendants' negligent, willful, and/or wanton actions and/or intentional failures to act caused an unknown quantity of lead and bacteria to be released into the drinking water for the City of Flint. 353. Defendants' willful, wanton, and intentional failure to act and/or their affirmative choice of action and following course of action caused lead and bacteria to enter and trespass upon the land and realty of the Plaintiffs and the Class and cause an injury to their possession and/or right of possession. 354. Upon information and belief, Defendants had exclusive control over the facilities providing Plaintiffs and the Class water at all relevant times.
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355. Defendants took affirmative, voluntary, and intentional actions to provide water to Plaintiffs and the Class in an unsafe manner and/or intentionally to release lead and bacteria into Flint's water supply. Further, after such acts, Defendants undertook affirmative, voluntary, and intentional acts that were insufficient to remedy the condition caused by the release of lead and bacteria into the water supply.
356. At the time that the above described, affirmative, voluntary, and intentional acts were performed by Defendants, Defendants every reason to know or expect that highly corrosive water would cause large quantities of lead and bacteria to be introduced into the persons and properties of Plaintiffs and Class Members.
357. The above-described affirmative, voluntary, and intentional acts were performed with the willful intent to cause lead and bacteria to be disbursed through the water onto the land and property of Plaintiffs and the Class.
358. These voluntary actions resulted in the immediate and continued trespass, injury and damage to Plaintiffs and the Class, their property and their right of possession of their property.
359. Further, Defendants' actions in directing the contaminated water into the persons and properties of Plaintiffs and the Class were done with actual malice, and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
360. Additionally, and/or alternatively, Defendants' decision to delay and the resulting delay in taking any affirmative action to eliminate, correct, and/or remedy the contamination of the water supply after having knowledge and notice of said contamination were done with actual malice, and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
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361. Further, Defendants' actions that were patently insufficient to eliminate, correct, and/or remedy the contamination after having knowledge and notice of said contamination were done with actual malice, and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
362. Based upon the above, Plaintiffs and the Class seek general damages from Defendants, in an amount to be determined at trial, directly resulting from their injuries in a sufficient amount to compensate them for the injuries and losses, and to restore Plaintiffs and the Class to their original position, including, but not limited to the difference between the current value of the property and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, consequential damages flowing from the trespass which are the natural and proximate result of Defendants' conduct, and exemplary or punitive damages.
Tenth Cause of Action (Nuisance - All Defendants) 363. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 364. Defendants' actions in causing foul, poisonous, lead and bacteria-contaminated water to be delivered to the homes of Plaintiffs resulted in the presence of contaminants in Plaintiffs' properties and/or persons. 365. Defendants' actions substantially and unreasonably interfered with Plaintiffs' and the Class's comfortable living and ability to use and enjoy their homes, constituting a nuisance. 366. Neither Plaintiffs nor any member of the Class consented to allow foul, poisonous, lead contaminated water to physically invade their persons or property.
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367. Plaintiffs and the Class suffered injuries and damage to their persons and/or properties as a direct and proximate result of Defendants' actions in causing lead contaminated water to be delivered to their homes.
368. Defendants' actions in causing a substantial and unreasonable interference with Plaintiffs' ability to use and enjoy their properties constitutes a nuisance and Defendants are liable for all damages arising from such nuisance, including compensatory and exemplary relief.
369. Defendants' actions and/or omissions were the proximate cause of the Plaintiffs' injuries.
370. As a direct and proximate result of Defendants' actions, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Eleventh Cause of Action (Procedural Due Process – Individual Defendants) 371. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 372. In the alternative to the state-law tort claims set forth in this complaint: the Individual Defendants, acting under color of state law, deprived Plaintiffs of their property without providing an adequate post deprivation remedy, in violation of 42 U.S.C. § 1983. 373. At all times relevant to this Complaint, each Individual Defendant acted under the color of state law. 374. The Due Process Clause of the Fourteenth Amendment to the United States Constitution says that no state shall "deprive any person of life, liberty, or property, without due process of law." The Due Process Clause establishes Plaintiffs' constitutional rights to be free from deprivations of private and state-created property interests, without due process of law.
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375. The Individual Defendants, in their actions and omissions, intentionally and/or with deliberate indifference to an unreasonable risk of harm, injured Plaintiffs and deprived them of their constitutionally guaranteed property interests by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint's drinking water, and, consequently, the presence of lead and other contaminants in their homes and rental properties, despite Governmental Defendants' actual or constructive knowledge that this failure to warn would cause harm.
376. At all times relevant to this Complaint, it was clearly established in the laws of this jurisdiction that no person may, acting under color of state law, deprive citizens of the United States or persons within the territorial jurisdiction thereof of property without due process of law.
377. Defendants Earley and Ambrose were officials with final policy- making authority for the City of Flint. Their decisions not to remedy known contamination, and to misinform the public about the safety of Flint water, represented the official policy of the City of Flint.
378. The Individual Defendants had a custom or practice of providing contaminated water to Flint residents, of not remediating known contamination, and of misinforming the public about the safety of its water systems.
379. The Individual Defendants had a policy of deliberate indifference to potential harm with respect to the training and supervision of the staff responsible for providing safe drinking water to Flint residents. In the alternative to the state law tort claims set forth in this Complaint, there exists under Michigan law no meaningful post-deprivation remedy for
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Defendants' deprivations of Plaintiffs' liberty and prope1ty interests. 380. The unlawful acts complained of in this Count proximately caused Plaintiffs to
suffer actual physical and emotional damages, as well as other damages and losses. Moreover, the unlawful acts complained of in this Count continue to deprive Plaintiffs of their constitutional rights, and to proximately cause damages, on an ongoing basis.
381. With respect to the Individual Defendants, Plaintiffs are entitled to compensatory and special damages in an amount to be determined at trial as well as punitive damages. With respect to all Defendants, including Individual Defendants in their official capacities, Plaintiffs are entitled to prospective declaratory and injunctive relief from ongoing deprivations of their liberty and property interests.
Twelfth Cause of Action (Substantive Due Process – Individual Defendants) 382. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
383. Plaintiffs have a clearly established right under the substantive due process clause of the Fourteenth Amendment to the United States Constitution to be protected from risks, dangers, dangerous situations, or being made more vulnerable to increased risk of harms, affirmatively created and/or caused by persons acting under color of state law.
384. Defendants, while acting under color of state law, affirmatively created or exacerbated the dangers and dangerous situations to which Plaintiffs were exposed, making them more vulnerable to said dangers, and these Defendants did so with an extreme degree of culpability.
385. Defendants, while acting under color of state law, affirmatively continued, increased and perpetuated the dangers, risks of harm and dangerous situations creating the public
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health crisis, when they deliberately and affirmatively denied, lied about, covered up, deceived, discredited and ignored said known dangers and risks of harm to which they exposed Plaintiffs making them more vulnerable to said dangers in violation of 42 U.S.C. § 1983.
386. Defendants were aware that their conduct could result in the deprivation of Plaintiffs’ due process rights to be protected from the dangers, dangerous situations, or being made more vulnerable to the dangers affirmatively created and perpetuated by them.
387. This conduct was reckless, deliberately indifferent and/or so outrageous as to shock the conscience, such that it was culpable in the extreme, insofar as these Defendants knew of and disregarded the substantial risk of serious harm to Plaintiffs.
388. The dangers and risks of harm were discreet and special to Plaintiffs, as Flint water users and property owners in particular, and not risks affecting the public at large.
389. The dangers and risks of harm to Plaintiffs from the ongoing exposure to the water toxins which were created and perpetuated by Defendants, were so extreme as to be equivalent to private acts of violence visited upon them.
390. These actions of Defendants constituted affirmative acts that caused and/or substantially increased the risks of physical, emotional and economic harm to the Plaintiffs.
391. As a direct and proximate result of the unconstitutional acts of Defendants as alleged herein, Plaintiffs and the Class suffered and continue to suffer violations of their fundamental rights to bodily integrity, property and liberty interests, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury; b. Substantial economic losses from medical expenses, lost wages, lost income, lost business profits, reduced property values, among others; c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and mortification,
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and stress related physical symptoms. 392. Plaintiffs have further suffered property damage to their homes and/or places of business and/or properties in the form of lost property values and lost business profits. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. §1988. With respect to all Defendants, including Individual Defendants in their official capacities, Plaintiffs are entitled to prospective declaratory and injunctive relief from ongoing deprivations of their liberty and property interests.
Thirteenth Cause of Action Substantive Due Process – Bodily Integrity 393. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 394. Plaintiffs have a clearly established fundamental right under the substantive due process clause of the Fourteenth Amendment to the United States Constitution to bodily integrity. 395. The conduct of Defendants, all while acting under color of law, endangered and/or threatened Plaintiffs’ fundamental liberty interest to bodily integrity as guaranteed by the Due Process Clause of the Fourteenth Amendment to the United States Constitution. 396. Defendants were aware that their conduct could result in the deprivation of Plaintiffs’ fundamental due process rights to bodily integrity. 397. Defendants deliberately and knowingly breached the constitutionally protected bodily integrity of Plaintiffs by creating and perpetuating the ongoing exposure to contaminated water, with deliberate indifference to the known risks of harm which said exposure would, and did, cause to Plaintiffs in violation of 42 U.S.C. § 1983.
77

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398. Defendants had the opportunity to reflect and deliberate before they acted and/or failed to act.
399. As a direct and proximate result of the unconstitutional acts of Defendants as alleged in this First Amended Complaint, Plaintiffs have suffered, and continue to suffer, violations of their fundamental rights to bodily integrity, property and liberty interests, including, but not limited to:
a. Serious and in some cases life threatening and irreversible bodily injury; b. Substantial economic losses from medical expenses, lost wages, lost income, lost business profits, reduced property values, among others; c. Pain and suffering; d. Embarrassment, outrage, mental anguish, fear and mortification, and stress related physical symptoms. 400. The conduct of Defendants was reckless and outrageous, entitling Plaintiffs and Class members to an award of punitive damages, as well as costs and reasonable attorney fees, pursuant to 42 U.S.C. §1988. With respect to all Defendants, including Individual Defendants in their official capacities, Plaintiffs are entitled to prospective declaratory and injunctive relief from ongoing deprivations of their liberty and property interests.
Fourteenth Cause of Action (Declaratory Judgment Act – All Defendants) 401. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
78

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402. Plaintiffs are entitled to a declaratory judgment pursuant to the Declaratory Judgment Act, 28 U.S.C. §§ 2201 and 2202.
403. An actual controversy exists between the parties as alleged herein and will continue to exist unless and until it is resolved by this Court.
404. Plaintiffs are entitled to a declaratory judgment that the Government Defendants have operated and continue to operate a Water System that is not in compliance with the SDWA and LCR.
Fifteenth Cause of Action (NREPA (MCL 324.20101 ET SEQ. - Individual Defendants) 405. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 406. The Flint water system meets the definition of “facility” under the NREPA because it is an area, place or property where a hazardous substance, i.e. lead, in excess of the concentrations which satisfy the requirements of the statute, has been released. 407. The Defendant State of Michigan was the operator of the facility by virtue of its takeover of the operations of Flint through the Emergency Manager’s Act. 408. Hazardous substances, including lead, have been released from this facility into the environment. 409. As set forth more fully above, defendants knew that, as a result of their actions, and failure to act, Flint River water distributed to the residents of Flint was not safe to drink or otherwise use, yet knowingly continued to distribute that water. 410. As more fully described above, defendants, acting on behalf of the State of Michigan, falsely represented that the Flint River water was potable and suitable for use, knowing such statements were false, and intending that plaintiffs and other residents of Flint would rely on those statements in continuing to use the Flint River water.
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411. Response Activity” is defined under the statute to include “the taking of … actions necessary to protect the public health, safety or welfare” and “also includes health assessments or health effect studies carried out under the supervision, or with the approval of the Department of Public Health.” MCL 324.20101 (1) (ee).303. Under MCL 324.20135 “a person … whose health or enjoyment of the environment is or may be adversely effected by a release from a facility or a threat of a release may commence a civil action against the operator of a facility for injunctive relief necessary to prevent irreparable harm to the public’s health, safety or welfare.”
412. Plaintiffs are persons whose health or enjoyment of the environment is, or may be adversely affected by the release of lead and other toxic contaminants – as set forth more fully above – from the Flint Water System facility and seek the following injunctive relief:
a. Medical monitoring; b. Diagnostic testing; and c. Health effect studies.
Sixteenth Cause of Action (Relief for Diagnostic Medical and Psychological/Counseling Services, Intervention, and
Treatment – All Defendants) 413. Plaintiffs incorporate every allegation in this complaint as if fully restated herein. 414. In the alternative, if the foregoing injunctive relief is not available under the Fifteenth Cause of Action above, under NREPA, then for the reasons set forth more fully above and below, the Court should grant the foregoing relief in the exercise of its equitable jurisdiction. 415. The foregoing is well-documented and publicized, thoroughly covered in the media and easily accessible on the internet. As such, the contamination affecting Flint is wellknown within and without this jurisdiction.
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416. The devastating impacts of prolonged exposure and re-exposure to lead and other toxic substances are well known in the scientific and medical community, and are far reaching.
417. The most obvious and visible damages are to both the infants and adults who were exposed and re-exposed to lead who have suffered damages to bodily organs as a direct result of being continually exposed to Flint’s toxic water supply over an extended period of nearly two years.
418. The less immediately apparent, but equally devastating, damages that will be caused as a direct result of the exposure, and re-exposure to lead have yet to be diagnosed and/or determined.
419. It is well established both medically and scientifically, that a person with an elevated blood lead level will never fully eliminate this toxic substance from their body.
420. All plaintiffs have suffered emotional distress as a proximate result of defendant's negligent conduct which has manifested itself in physical and objective symptoms, including but not limited to, the inability to perform ordinary household duties, extreme nervousness and irritability and other symptoms caused by emotional distress, distrust and lack of faith in their government, elected officials, and public infrastructure.
421. The devastating impacts of prolonged toxic lead exposure are well known in the scientific and medical community, and are far reaching.
422. These harms may include irreversible brain damage, loss in IQ, and social and developmental issues and deficits which have been undisputedly linked to lead exposure, and further include social and psychological stigma as a result of living in a contaminated community.
423. Accordingly, as a result of being exposed to lead and other contaminants for an extended period, and as a result of being manipulated and deceived by their own government and its elected and un-elected officials and agents, plaintiffs seek psychological and educational
81

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programs and services, each to be provided at defendants’ expense but independently administered.
424. The relief plaintiffs seek is one for which there is no adequate remedy at law. 425. The unique and special circumstances of this case - which include the fact that the government and its agents are responsible for the contamination and exposure, that the government and its agents participated in a cover-up and concealed the contamination and its exposure, and knowingly encouraged Flint residents to consume and use unsafe, unpotable water, the perpetuation and exacerbation of harms as a result of defendants knowing misrepresentations, and the creation of a stigma affecting all plaintiffs – in addition to the inadequacy of any legal remedy to redress the lasting and substantial harms suffered by plaintiffs and the importance of the requested relief in ameliorating those harms. VI. DEMAND FOR JURY TRIAL 426. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand a jury trial as to all issues triable by a jury. VII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs and the Class pray as follows:
A. That the Court determine that this action may be maintained as a class action under Rule 23(a), (b)(2) and (b)(3) of the Federal Rules of Civil Procedure. B. That a declaratory judgment be entered that the Governmental Defendants’ conduct violated the Safe Drinking Water Act and United States Constitution.
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C. That judgment be entered for Plaintiffs and Class members against Defendants for personal and property damages sustained as a direct and proximate cause of Defendants’ conduct, compensatory damages for costs associated with necessary diagnostic medical intervention, treatment and assessment, psychological intervention and counseling and future medical care; as well as any punitive damages or disgorgement monies owed to Plaintiffs and the Class. D. That Plaintiffs and the Class recover pre-judgment and post-judgment interest as permitted by law. E. That Plaintiffs and the Class recover their costs of the suit, including attorneys' fees, as provided by law. F. That the Governmental Defendants be ordered to remediate its water system to ensure its compliance with Federal and State environmental laws and regulations and to implement prospective remedial actions to ensure the future health and safety of Flint residents affected by the crisis. G. Fees, costs and such other and further relief as is just and proper under the circumstances.
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Dated: February 2, 2017

Respectfully submitted,
/s/ Esther Berezofsky, Esq. Esther Berezofsky, Esq. (Pro Hac Vice Pending) Mark R. Cuker, Esq. (Pro Hac Vice Pending) Christopher Markos, Esq. (Pro Hac Vice Pending) Sarah T. Hansel, Esq. (Pro Hac Vice Pending) WILLIAMS CUKER BEREZOFSKY, LLC 210 Lake Drive East, Suite 101 Cherry Hill, New Jersey 08002 (856) 667-0500 (telephone) (856) 667-5133 (fax) Email: eberezofsky@wcblegal.com
mcuker@wcblegal.com cmarkos@wcblegal.com shansel@wcblegal.com
/s/Valdemar L. Washington P-27165 Attorney for Plaintiffs 718 Beach Street P.O. Box 187 Flint, MI 48501-0187 810.407.6868 (telephone) 810.265.7315 (fax) vlwlegal@aol.com

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

TIFFANY DAVENPORT, individually and as next friend and mother of B.W. and E.D., minor children, MERIN JOHNSON, GREGORY MILLER, and TWYLLA WALKER, individually and as next friend and mother of M.N. and D.W., minor children,

Plaintiffs,
v.
LOCKWOOD, ANDREWS & NEWNAM, P.C., LOCKWOOD ANDREWS & NEWNAM INC., LEO A. DALY COMPANY, VEOLIA NORTH AMERICA, INC., VEOLIA NORTH AMERICA, LLC, VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC, VEOLIA ENVIRONNEMENT, S.A.,

Case No. Hon.
GCCC No. 16-107274-CZ Hon. Joseph J. Farah

Defendants.

NOTICE OF REMOVAL
TO: THE HONORABLE JUDGES OF THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN
PLEASE TAKE NOTICE that, in accordance with 28 U.S.C. § 1441, et seq., Defendant Veolia Water North America Operating Services, LLC (“VWNAOS”) hereby removes this action, Case No. 16-107274-CZ, Genesee County Circuit

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Court, State of Michigan, to the United States District Court for the Eastern District of Michigan on the ground that there is diversity jurisdiction under 28 U.S.C. § 1332. In support of removal, VWNAOS states as follows:
PROCEDURAL BACKGROUND 1. On July 6, 2016, Plaintiffs Tiffany Davenport and others (“Plaintiffs”) filed a complaint in the above-captioned action in the Genesee County Circuit Court, Case No. 16-107274-CZ (“State Court Action”), against seven defendants hailing from several states, including VWNAOS. 2. In their complaint, Plaintiffs bring a putative class action seeking damages for harms allegedly stemming from the class’s exposure to lead in the drinking water supply of the City of Flint, Michigan. Plaintiffs seek to represent a class comprised of “[a]ll persons and entities that have resided in, or owned or rented property in, the City of Flint, Michigan since April 24, 2014.” Compl. ¶ 198. The complaint asserts six separate causes of action and requests substantial damages, including an award of punitive damages. As 28 U.S.C. § 1446(a) requires, true and correct copies of the Complaint and Circuit Court Civil Case Cover Sheet are attached hereto as Exhibit 1. 3. VWNAOS accepted service of the complaint and summons on July 25, 20116. Because it was filed within 30 days of service, this notice of removal is timely filed under 28 U.S.C. §1446(b)(1). See Murphy Bros., Inc. v. Michetti Pipe
2

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Stringing, Inc., 526 U.S. 344, 347-48 (1999) (time for removal runs from receipt of formal service of process).
4. Under 28 U.S.C. § 1453(b), the consent of the other defendants to the putative class action—which is removable under the Class Action Fairness Act (“CAFA”)—is not required. Regardless, VWNAOS understands that all defendants to this action who have been properly joined and served consent to removal. See 28 U.S.C. § 1446(b)(2)(A).
5. Venue in the United States District Court for the Eastern District of Michigan is proper because the State Court Action was commenced in the Genesee County Circuit Court.
6. Pursuant to 28 U.S.C. § 1446(d), a copy of this Notice of Removal is being served on Plaintiffs and with the Clerk of the Genesee County Circuit Court.
7. By removing this action to this Court, VWNAOS does not waive any defenses, objections, or motions available to it under state or federal law.
GROUNDS FOR REMOVAL 8. This Court has jurisdiction over this action under 28 U.S.C. § 1332(d), which extends diversity jurisdiction to large, interstate putative class actions like these. In particular, CAFA expands federal courts’ diversity jurisdiction to embrace “class actions in which the matter in controversy exceeds $5 million, there is minimal diversity of citizenship, and the proposed class includes at least one
3

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hundred members.” In re Mortgage Elec. Registration Sys., Inc., 680 F.3d 849, 853 (6th Cir. 2012).
9. This putative class has at least 100 members. See 28 U.S.C. § 1332(d)(5)(B). It means to encompass every individual or “entity” that ever resided in, owned property in, or rented property in the entire City of Flint over a two-year period. The Complaint itself alleges that more than 99,000 individuals live in the City of Flint, and the most recent census figures reflect a population of more than 100,000. See United States Census, Quick Facts: Flint (City), Michigan (Aug. 1, 2016), http://www.census.gov/quickfacts/table/PST045215/2629000; see also, e.g., Phillips v. Severn Trent Envtl. Servs., Inc., No. CIV.A. 07-3889, 2007 WL 2757131, at *2 (E.D. La. Sept. 19, 2007) (looking to census figures to determine class size in action brought concerning contaminated tap water in particular community). These population figures fail to account for the additional “entities” that Plaintiffs mean to represent.
10. This action also meets CAFA’s $5 million amount-in-controversy requirement. “[A] defendant’s notice of removal need include only a plausible allegation that the amount in controversy exceeds the jurisdictional threshold.” Dart Cherokee Basin Operating Co., LLC v. Owens, 135 S. Ct. 547, 554 (2014). Here, plausibility is easy to find, as Plaintiffs seek substantial sums, including damages tied to alleged personal injuries from lead exposure and Legionnaires’
4

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disease, Compl. ¶¶ 166-176, the costs of continuing medical and tap water monitoring, id. ¶ 174, monies tied to lost earnings and additional services needed for children, id. ¶ 181, and three separate types of property damages, id. ¶¶ 182-97. They bring no fewer than six separate claims for these damages, while also pursuing punitive damages, attorneys’ fees, and “disgorgement.” Id. 79; see also Hayes v. Equitable Energy Res. Co., 266 F.3d 560, 573 (6th Cir. 2001) (including punitive damages in the amount-in-controversy calculation). If these amounts were at least $50 per putative class member—as they would be if Plaintiffs’ claims were successful—then damages would exceed $5 million for the entire class. See Graiser v. Visionworks of Am., Inc., 819 F.3d 277, 282 (6th Cir. 2016) (explaining that, for purposes of CAFA’s amount-in-controversy requirement, the court must “aggregat[e] the claims of individual members of the proposed class”).
11. Finally, there is minimal diversity. Minimal diversity is met where “any member of a class of plaintiffs is a citizen of a State different from any defendant.” 28 U.S.C. § 1332(d)(2)(A); accord Kuns v. Ford Motor Co., 543 F. App’x 572, 575 n.1 (6th Cir. 2013). Here, of course, the members of the putative class are largely citizens of Michigan, and each of the named Plaintiffs are as well. Defendants include a Texas corporation, Compl. ¶ 23, a Nebraska corporation, Compl. ¶ 24, and a Delaware corporation, Compl. ¶ 26. What’s more, minimal diversity can also be found where “any member of a class of plaintiffs is a citizen
5

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of a State and any defendant is a foreign state or a citizen or subject of a foreign state.” 28 U.S.C. § 1332(d)(2)(C). These Michigan plaintiffs have named one such foreign citizen: Veolia Environnement S.A., a citizen of France. Compl. ¶ 30.
12. There are certain exceptions to CAFA jurisdiction, but none of these exceptions apply here. See Meiman v. Kenton Cnty., Ky., No. 10–156–DLB, 2011 WL 350465, at *4 (E.D. Ky. 2011) (observing that the circuit courts have “uniformly concluded that after general CAFA jurisdiction has been established, the burden shifts to the party objecting to federal jurisdiction to show an exception” (internal quotation marks omitted)).
13. The home-state exception, for instance, does not apply. This exception applies if “two-thirds or more of the members of all proposed plaintiff classes in the aggregate, and the primary defendants, are citizens of the state in which the action was originally filed.” 28 U.S.C. § 1332 (d)(4)(B). Certainly, many of the plaintiffs are Michigan citizens, but not all of the “primary defendants” are. All of the primary defendants must be Michigan citizens for the exception to apply. See Leonor v. Provident Life & Acc. Co., 790 F.3d 682, 691 (6th Cir. 2015) (noting that CAFA’s home-state exception “unambiguously refers to all primary defendants for contextual reasons”). Here, there are defendants from states such as Texas, Nebraska, and elsewhere—as well as a defendant from France. So, this exception would not apply.
6

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14. CAFA’s discretionary exception also does not apply. Under that exception, a judge may remand based on certain factors premised on the “interests of justice and the totality of the circumstances.” 28 U.S.C. § 1332(d)(3). But that exception only applies when “greater than one-third but less than two-thirds of the members of all proposed plaintiff classes in the aggregate” are from Michigan. Id. Because the class is geographically tied to the City of Flint, that exception cannot apply here—more than two-thirds of the putative class are from this state.
15. Nor would the local controversy exception apply. This exception may be invoked only if four distinct requirements are met: (1) two-thirds of the class are from the home state; (2) at least one defendant from whom significant relief is sought and whose conduct forms a significant basis for the claims is from the home state; (3) the principal injuries occurred in the home state; and (4) “during the 3year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons.” 28 U.S.C. § 1332 (d)(4)(A).
16. At a minimum, the action does not satisfy the final requirement of the local controversy exception,1 as other putative class actions involving these same
1 There may very well be other reasons why the local controversy exception does not apply to this case. For instance, the exception can only apply here if there is one Michigan defendant “whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class.” 28 U.S.C. § 1332 (d)(4)(A)(i)(II)(bb). “[T]he significant basis provision effectively calls for
7

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defendants and same allegations have already been filed on behalf of this very same class. This Court is already familiar with most of them. See, e.g., McIntosh v. State of Michigan, No. 5:16-cv-10571-JCO-MKM (E.D. Mich. filed Feb. 16, 2016); McMillian v. Sndyer, No. 5:16-cv-10796-JCO-MKM (E.D. Mich. filed Mar. 7, 2016); Washington v. Snyder, No. 5:16-cv-11247-JCO-MKM (E.D. Mich. filed Apr. 5, 2016); see also Mason v. Lockwood, Andrews, & Newnam, P.C., No. 16106150-NM (Genesee Cnty. Cir. Ct. filed Jan. 25, 2016). In fact, plaintiffs in another action, Gilcreast v. Lockwood, Andrews, & Newnam, P.C., No. 5:16-cv11173-JCO-MKM (E.D. Mich. filed Mar. 31, 2016), filed a complaint that is materially identical to this one in several respects. And the plaintiffs in that action recently recognized that CAFA applies there, too. See Pls.’ Resp. to State Defs.’ Mot. to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) at 15-19, Gilcreast v.
comparing the local defendant’s alleged conduct to the alleged conduct of all the Defendants. … If the local defendant’s alleged conduct is a significant part of the alleged conduct of all the Defendants, then the significant basis provision is satisfied.” Kaufman v. Allstate New Jersey Ins. Co., 561 F.3d 144, 156 (3d Cir. 2009), cited with approval by Leonor, 790 F.3d at 691. But Plaintiffs’ muddled treatment of the Michigan and non-Michigan defendants makes it difficult to say whose conduct is really the focus of their claims. See, e.g., Evans v. Walter Indus., Inc., 449 F.3d 1159, 1167 (11th Cir. 2006) (finding that local controversy exception did not apply where “plaintiffs’ evidence offer[ed] no insight into whether [the local defendant] played a significant role in the alleged contamination [forming the basis for plaintiffs’ claims], as opposed to a lesser role, or even a minimal role”).
8

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Lockwood, Andrews, & Newnam, P.C. (No. 5:16-cv-11173-JCO-MKM), ECF No. 51.2
17. In short, because all three of CAFA’s basic requirements are met, and because none of the exceptions apply, CAFA affords this Court diversity jurisdiction. In passing CAFA, “Congress’s obvious purpose” was “to allow defendants to defend large interstate class actions in federal court.” Freeman v. Blue Ridge Paper Products, Inc., 551 F.3d 405, 407 (6th Cir. 2008). The case that Plaintiffs mean to bring here is just such an action, with thousands of putative class members seeking millions of dollars in damages from defendants scattered across the country. It is the archetypal CAFA case, and it belongs here.
18. The requirements of 28 U.S.C. § 1332 are satisfied in this case and removal to this Court based on diversity jurisdiction is justified.
WHEREFORE, having fulfilled the statutory requirements of removal, VWNAOS respectfully removes this action from the Genesee County Circuit Court, where it is currently pending, to this Court.
2 Other exceptions and exclusions do not even require discussion. For example, 28 U.S.C. § 1332(d)(5)(A) excepts certain cases involving governmental defendants, but there are no such defendants here.
9

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Respectfully submitted,
BUSH SEYFERTH & PAIGE PLLC Attorneys for Veolia Water North America Operating Services, LLC
By: /s/ Cheryl A. Bush Cheryl A. Bush (P37031) Michael R. Williams (P79827)
3001 W. Big Beaver, Suite 600 Troy, MI 48084 (248) 822-7800 bush@bsplaw.com williams@bsplaw.com Dated: August 5, 2016 CERTIFICATE OF SERVICE
I hereby certify that on August 5, 2016, I caused to be electronically filed a
NOTICE OF REMOVAL with the Clerk of the Court using the Court’s CM/ECF
system. Copies were served upon:

Via Federal Express: Genesse County Clerk’s Office Genesse County Circuit Court 900 Saginaw Street Flint, MI 48502

Via US Mail: Kit A. Pierson (P38501) Joseph M. Sellers Emmy L. Levens Robert W. Cobbs COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005

Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLL 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410

10

Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.11 Page 11 of 93

David J. Shea (P41399) SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002
Hunter Shkolnik Paul J. Napoli NAPOLI SHKOLNIK PLLC 3 60 Lexington Avenue, 11th Floor New York, NY, 10017
Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars, Suite 950 Los Angeles, CA 90067

Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215
Cirilo Martinez (P65074) Law Office of Cirilo Martinez, PLLC 3010 Lovers Lane Kalamazoo, MI 49001
Stephen Morrissey Jardon Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave., Suite 3800 Seattle, WA 98101

by placing the same in envelopes addressed as above and by causing said
envelopes to be properly stamped and deposited in the mail receptacle maintained
by the U.S. Government at 3001 W. Big Beaver Rd., Troy, MI.
BUSH SEYFERTH & PAIGE PLLC Attorneys for Veolia Water North America Operating Services, LLC
By: /s/ Cheryl A. Bush Cheryl A. Bush (P37031) bush@bsplaw.com

11

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Exhibit 1

Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.13 Page 13 of 93

\ W X 3 \-Catv^>

Approved, SCAO

Original - Court 1st copy - Defendant

2nd copy - Plaintiff 3rd copy - Return

STATE OF MICHIGAN JUDICIAL DISTRICT
7th JUDICIAL CIRCUIT
COUNTY PROBATE

SUMMONS AND COMPLAINT

CASE NO.
1 6 - 1 0 7 2 7 4 -CZ-

Court address
900 Saginaw Street #204, Flint, Michigan 48502
Plaintiffs name(s), address(es), and telephone no(s).

Court telephone no.

jOSHPH J. FA$Aljil24-4355

?l}(I Defendant's name(s), a^dr

^Pand telephone no(s).

Tiffany Davenport, Individually and As Next Friend and

v

Lockwood, Andrews & Newnam, P.C.; Lockwood Andrews

Mother of B.W. and E.D., Minor Children, Merin Johnson,

& Newnam Inc.; Leo A. Daly Company; Veolia North

Gregory Miller, and Twylla Walker, Individually and As

America, Inc.; Veolia North American, LLC; Veolia Water

Next Friend and Mother of M.N. and D.W., Minor Children,

North America Operating Services, LLC; Veolia

Environnement S.A.,

Plaintiffs attorney, bar no., address, and telephone no.
David J. Shea (P41399) SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, Michigan 48034 248-354-0224

SUMMONS NOTICE TO THE DEFENDANT; In the name of the people of the State of Michigan you are notified:
1. You are being sued.
2. YOU HAVE 21 DAYS after receiving this summons to file a written answer with the court and serve a copy on the other party ortake other lawful action with the court (28 days if you were served by mail oryou were served outside this state), (MGR 2.11i[C])
3. If you do not answer or take other action within the time allowed, judgment may be entered against you for the relief demanded
in the complaint.

Issued JUL - 6 2016

This summons expires
OCT - 4 ?fl1fi

Courtllli

This summons is invalid unless served on or before its expiration date. THIS docurrient must be sealed by the seal of the court.

COMPLAINT | Instruction: The following is informationthat is requiredto be inthe caption ofevery complaint and isto becompleted by the plaintiff. Actual allegations and the claim for relief must be stated on additional complaint pages and attached to this form.

• This is a business case in which all or part of the action includes a business or commercial dispute under M C L 600.8035.

Family DivisionCases • There is no other pending or resolved action within the jurisdiction of the family division of circuit court involving thefamily orfamily

members of the parties.

• An action within the jurisdiction of the family division of the circuit court involving the family orfamily members of the parties has

been previously filed in

Court.

The action • remains

•is no longer

pending. The docket number and the judge assigned to the action are;

Docket no.

Judge

Bar no.

General Civil Cases

•There isno other pending or resolved civil action arising out of the same transaction or occurrence as alleged in the complaint.
0 A civil action between these parties or other parties arising out of the transaction or occurrence alleged in the complaint has

been previously filed in this court and other courts

Court.

The action [2 remains

• is no longer

pending. The docket number and the judge assigned to the action are:

Docket no.

Judge
Honorable Archie L. Hayman and Honorable Richard B. Yuille

Bar no.

VENUE Plaintiffs) residence (include city, township, or village) Flint, Michigan

Defendant(s) residence (include city, township, or village)
Flint, Michi^n\

Place where action arose or business conducted
Flint, Michigan
07/05/2016

(/V

Date

Signature orattomey/plamttff

If you require special accommodations to use the courtbecause of a disability orif you requirea foreign language interpreters help

you fully participate in court proceedings, please contact the court immediately to make arrangements.

MC 01 (5/15) SUMMONS AND COMPLAINT MCR 2.102(B)(11), MCR 2.104, MCR 2.105, MCR 2.107, MCR 2.113(C)(2)(a), (b), MCR 3.206(A)

Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.14 Page 14 of 93

STATE OF MICHIGAN IN THE CIRCUIT COURT OF THE COUNTY OF GENESEE

TIFFANY DAVENPORT, INDIVIDUALLY AND AS NEXT FRIEND AND MOTHER OF B.W. AND E.D, MINOR CHILDREN, MERIN JOHNSON, GREGORY MILLER, AND TWYLLA WALKER, INDIVIDUALLY AND AS NEXT FRIEND AND MOTHER OF M.N. AND D.W., MINOR CHILDREN,
Plaintiffs,
vs.
LOCKWOOD, ANDREWS & NEWNAM, P.C.; LOCKWOOD ANDREWS & NEWNAM INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, INC.; VEOLIA NORTH AMERICA, LLC; VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC; VEOLIA ENVIRONNEMENT S.A,
Defendants.
Kit A. Pierson (P38501) Joseph' M. Sellers Emmy L. Levens Robert W. Cobbs COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005

16- 10 72 74 -
JOSEPH J. FARAH P-30439
A TRUE COPY
GENESEE COUNTY CLERK
Civil Action No. CLASS ACTION COMPLAINT JURY TRIAL DEMANDED
David J. Shea (P41399) SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone david.shea@sadplaw.com Bradford M. Berry Khyla D. Craine

Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.15 Page 15 of 93

(202) 408-4600 Telephone (202) 408-4699 Facsimile kpierson@cohenmiistein.com jsellers@cohemTLilstein.com elevens@cohemnilstein.com rcobbs@cohenmilstein.com
Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLL PLLC 2925 PGA Boulevard, Suite 220 Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone (561) 515-1401 Facsimile tleopold@cohenmilstein.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone (713) 654-6666 Facsimile vbhatia@susmangodfrey.com sraymond@susmangodfrey.com
Cirilo Martinez (P65074) Law Office of Cirilo Martinez, PLLC 3010 Lovers Lane Kalamazoo, MI 49001 (269) 342-1112 Telephone (888) 813-0122 Facsimile martinez_cirilo@hotmaiL com
Hunter Shkolnik Paul J. Napoli NAPOLI SHKOLNIK PLLC 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 Telephone

Anson C. Asaka NAACP 4805 Mt. Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bbeiTy@naacpnet.org kcraine@naacpnet.org • aasaka@naacpnet.org
Stephen Morrissey Jordon Connors SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206)516-3883 Facsimile smorrissey@susmangodfrey.com jconnors@susmangodfrey.com Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310)789-3100 Telephone (310) 789-3150 Facsimile khoek@susmangodfrey.com
Pro hac vice applications pending for all non-Michigan attorneys.

2

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(646) 843-7603 hunter@napolilaw.com pnapoli@napolilaw.com
STATEMENT REGARDING ASSIGNMENT OF RELATED CASES Numerous civil actions between these parties or other parties arising out of
the transaction or occurrence alleged in this complaint has been previously filed in this Court and other Courts, assigned to Hon. Archie L. Hayman and Hon. Richard B. Yuille. The actions remain pending.
CLASS ACTION COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF AND DEMAND FOR JURY TRIAL
Tiffany Davenport, Merin Johnson, Gregory Miller, and Twylla Walker, individually and on behalf of a class of all others similarly situated, bring this action for damages and equitable relief and demand a jury trial. Unless stated otherwise, all allegations contained herein are made on information and belief. In support of their claims, Plaintiffs allege as follows: 1. NATURE OF THE CASE
Plaintiffs and the Class - all residents and businesses of Flint, Michigan — have suffered, and continue to endure, the consequences of having been exposed to toxic levels of lead and other hazards from the drinking water. With this suit, Plaintiffs seek to hold the persons and entities that caused this crisis accountable.
3

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For nearly five years, the City of Flint has existed in a state of

financial emergency pursuant to which the City is controlled by a Governor-

appointed Emergency Financial Manager. In 2014, in an effort to save money, the

Emergency Financial Manager authorized a switch to the Flint River as the City's

sole water source.

In making this switch, Flint's Emergency Financial Managers and

Flint employees failed to implement a corrosion control protocol as required by the

Safe Drinking Water Act and otherwise failed to exercise reasonable care with

regard to Flint's water system. Absent mandatory corrosion controls, the acidic

water of the Flint River coursed through unprotected pipes to residents and

businesses - leaching lead and other harmful chemicals into the water along the

way.

4

Flint engaged and relied upon the professional services and

expertise of two engineering firms — Defendants Lockwood, Andrews & Newnam

(LAN) and Veolia North America (Veolia) - to review its water distribution

system, ensure compliance with federal and state environmental regulations, and

provide expert engineering advice to the City and its Emergency Financial

Managers. By taking on this assignment, LAN and Veolia assumed the

responsibility to satisfy the standard of a reasonable engineer.

4

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In conducting their engineering services, however, LAN's and Veolia's conduct fell well below the standard for a reasonable engineer in several critical respects. First, LAN and Veolia failed to conduct a root cause analysis to determine the cause of Flint's initial water problem. Had either LAN or Veolia performed such an analysis, it would have quickly revealed that Flint River water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters, and had caused extensive pipe corrosion and an extreme risk of lead contamination absent the implementation of a plan to prevent such contamination. Moreover, a root cause analysis would have revealed that the City of Flint had not adopted a corrosion control protocol as mandated by the federal Safe Drinking Water Act and related Lead and Copper Rule.
6. LAN and Veolia also ignored a series of red flags that should have led them to suspect'corrosion problems in Flint's water system. LAN and Veolia should have anticipated widespread corrosion problems in light of the switch to a highly saline water source; the ineffectiveness of Flint's attempts to address coliform bacteria, which would have signaled corroded pipes to any reasonably competent engineer; the summer 2015 outbreak of Legionnaires Disease, which also should have alerted these companies to corrosion problems; and the very color of Flint's tap water, which was rusty and brown precisely because it was leaching metal from Flint's pipes. Any of these warnings should have warned LAN and
5

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Yeolia to a widespread corrosion problem and led these companies to implement

effective corrosion controls.

Additionally, LAN and Veolia affirmatively recommended that

Flint double the ferric chloride in its water. A reasonable professional engineer

would have known that ferric chloride is highly acidic and (when used without

alkaline buffering agents to raise the pH and phosphates or other corrosion control

elements to coat the pipes) causes corrosion. This is exactly what happened in

Flint's water system.

g

As a direct and foreseeable result of LAN's and Yeolia's

recommendations, Flint increased the ferric chloride in its water with grave

consequences. The salinity of the Flint River was the metaphorical gasoline in this

particular tragedy. The addition of ferric chloride, as recommended by the

professional engineers at LAN and Veolia upon whom the City relied, was the

match. The added ferric chloride dramatically increased the corrosion of Flint's

pipes and, as a direct and foreseeable result, the leaching of various chemicals into

Flint's drinking water - including lead.

9

Despite failing to fulfill their professional duties in a reasonable

manner, both LAN and Veolia deemed Flint's water compliant with governing

environmental statutes and regulations. In doing so, LAN and Veolia provided

6

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false assurances of safety to Plaintiffs and the Class, further exacerbating the extent

of the damage caused by their conduct.

10.

All the while - despite public assurances of safety - government

offices in Flint quietly switched to bottled water while the citizens and business of

Flint continued to drink dangerously contaminated water.

11.

Indeed, it was not until a memorandum from an EPA official

regarding the frightening existence of lead in Flint's drinking water was leaked to

the American Civil Liberties Union that the government or the Defendants

acknowledged the problem.

12.

Unfortunately, these acknowledgments came too late. Since the

City implemented LAN's and Veolia's recommendations, more than 40% of the

homes tested revealed lead contamination above the federal threshold. A study

from a pediatrician at the Hurley Medical Center showed that elevated blood levels

in children had more than doubled following the switch to the Flint River as Flint's

water source.

13.

The consequences of lead exposure are both catastrophic and

permanent. Lead poisoning can cause serious damage to a child's central and

peripheral nervous system, stunt growth, impair hearing, and impair the formation

and function of blood cells. The effect of lead poisoning on children's brain

development is particularly alarming, causing reduced IQ and serious behavioral

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problems. While lead's worst effects are borne by children, lead exposure can be

seriously hannful to adults as well, causing serious cardiac and reproductive

problems.

14.

Plaintiffs and the Class have sustained substantial personal injuries

as a result of Defendants' conduct and the child-members of the Class have

additionally suffered lost economic earnings.

15.

Plaintiffs and the Class have also suffered significant property

damage as a direct result of Defendants' conduct. The acidic and corrosive water

that Defendants caused to flow through Flint's water system has irreparably

damaged residents' and businesses' pipes and appliances. Moreover, the stigma

associated with the water crisis has resulted in, and will continue to result in, a

reduction in residential and commercial property values in the City of Flint and

substantial financial harm to Plaintiffs and the Class. Despite Flint having switched

back to its prior water source, corroded pipes and appliances in residents' homes

and local commercial properties remain corroded. The only option for Plaintiffs

and the Class to truly be safe is to entirely replace their pipes and corroded

appliances.

16.

Plaintiffs and the Class seek damages and other relief under

theories of Professional Negligence, Gross Negligence, Negligence, Intentional

and Negligent Infliction of Emotional Distress, and Unjust Enrichment.

8

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17.

Defendants must be held accountable for the harms they caused

Plaintiffs and the Class injury, and Plaintiffs and the Class must be compensated -

as far as possible - for the devastating, irreparable harms they have suffered. That

is exactly what this suit seeks to do.

H. PARTIES, JURISDICTION AND VENUE

A. Plaintiffs

18.

Tiffany Davenport resides with her children, B.W. and E.D., at

3517 Chicago Boulevard, Flint, Michigan 48503. She rents her apartment, which is serviced by water provided by the City of Flint. B.W., age two as of the date of this

Complaint, and E.D., age four, tested positive for blood lead contamination in

March 2016. Both Davenport and her children have suffered damages as a direct

and proximate result of Defendants' conduct described herein.

19.

Merin Johnson resides at 1064 Rosedale Street, Flint, Michigan,

48505. He owns his home, which is serviced by water provided by the City of

Flint. He tested positive for blood lead contamination in February 2016. Johnson

has suffered damages as a direct and proximate result of Defendants' conduct

described herein.

20.

Gregory Miller resides at 3454 Rangeley Drive, Apartment #5,

Flint, Michigan 48503. He rents his apartment, which is serviced by water provided by the City of Flint. He tested positive for blood lead contamination in

9

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January 2016. Miller has suffered damages as a direct and proximate result of

Defendants' conduct described herein.

21.

Twylla Walker resides with her children, M.N. and D.W., at 2015

Gilmartin Street, Flint, Michigan 48503. She owns her home, which is serviced by

water provided by the City of Flint. M.N. and D.W. each tested positive for blood

lead contamination in February 2016. Twylla Walker, M have each suffered

damages as a direct and proximate result of Defendants' conduct described herein.

B. Defendants

22.

Lockwood, Andrews & Newnam, P.C. ("LAN P.C.") is a

Michigan professional corporation with its principal place of business at 1311 S.

Linden Road, Suite B, Flint, Michigan 48532. At all times relevant hereto, LAN

P.C. held itself out to the world as a Lockwood, Andrews & Newnam, Inc. ("LAN

Inc.") company. Upon infonnation and belief, LAN P.C. was incorporated in 2008

by LAN Inc. after it was retained by Defendants to conduct studies and reports of

the feasibility of a new water supply for the City of Flint. Upon information and

belief, work and services provided by LAN P.C. were conducted at LAN Inc.'s

Chicago, Illinois location.

23.

LAN Inc. is a Texas corporation with its principal place of

business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant

times hereto, LAN Inc. conducted business in Genesee County through Defendant

10

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LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. is a

full-service consulting firm offering planning, engineering and program

management services, including civil infrastructure engineering and municipal

water treatment and design.

24.

Leo A. Daly Company ("LAD") is a Nebraska corporation with its

principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114.

LAD is an international architecture/engineering firm, with nearly 800

professionals in 31 offices worldwide and projects in more than 87 countries and

all 50 US states. Upon information and belief, LAD is the parent company of LAN

Inc. and LAN P.C.

25.

Defendants LAN P.C., LAN Inc., and LAD are referred to

collectively herein as, "LAN." The LAN defendants regularly conduct business in

Michigan and have committed torts in Michigan, which are bases for personal

jurisdiction in this Court under MCL § 600.715.

26.

Veolia North America, Inc. ("Veolia N.A. Inc.") is a Delaware

corporation with its principal place of business at 200 E. Randolph Drive, Suite

7900, Chicago, Illinois 60601.

27.

Veolia North America, LLC ("Veolia N.A. LLC") is a Delaware

Limited Liability Company with its principal place of business at 200 E. Randolph

Drive, Suite 7900, Chicago, Illinois 60601.

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28.

Veolia Water North America Operating Services, LLC ("Veolia

Water") is a Delaware Limited Liability Company with its principal place of

business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana

46204.

29.

Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water design and

provide water solutions for communities and industries across the country.

30.

Veolia Environnement S.A. ("Veolia S.A.") is a French

transnational corporation with its principal place of business at 36-38 Avenue

Kleber, 75116, Paris, France. Veolia S.A. is a leading global provider of

environmental management services, which include the supply of water, the

treatment and recovery of municipal or industrial effluent, waste collection,

processing and recycling, the supply of heating and cooling services and the

optimization of industrial processes. Upon information and belief, Veolia S.A. is

the parent corporation of Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water.

31.

Defendants Veolia N.A. Inc., Veolia N.A. LLC, Veolia Water, and

Veolia S.A. are referred to collectively herein as "Veolia." Veolia defendants

regularly conduct business in Michigan and have committed torts in Michigan,

which are bases for personal jurisdiction in this Court under MCL § 600.715.

32.

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33.

LAN and Veolia are referred to collectively herein as

"Defendants."

34.

Jane/John Doe Nos. 1-100, various other individuals, firms, and/or

corporations, not named as Defendants herein, may have participated in the events

that caused Plaintiffs' and the Class's injuries. Plaintiffs reserve the right to

subsequently name some or all of these persons as defendants.

35.

Venue is proper in this Court because the original injury and

damage occurred in Genesee County; Defendants each reside and/or conduct

business in Genesee County; Plaintiffs and the Class have suffered harms and

incurred costs in Genesee County; and many of the occurrences described herein

occurred in Genesee County.

36.

The amount in dispute is in excess of $25,000, exclusive of costs

and attorneys' fees, and all of the parties have transacted business in Genesee

County, Michigan at all times relevant herein such that subject matter jurisdiction

is properly with this Court.

m. FACTUAL ALLEGATIONS

A. The City of Flint and Its Residents

37.

The City of Flint, Michigan is located along the Flint River,

approximately 60 miles northwest of Detroit. Flint sits in Genesee County and is

the largest city in the county. According to the 2015 Census, Flint is home to

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99,002 residents, 27.3% (approximately 27,000) of whom are under 18 years of

age and 8% (approximately 8,000) of whom are under 5 years of age. More than

half of Flint's residents are African American. There are more than 50,000 housing

units in Flint, Michigan and approximately 55% of those units are owner-occupied.

38.

Like the residents of any American city, residents of Flint rely on a

steady supply of safe and clean water to go about their daily lives. Flint also has

thousands of commercial and other non-residential properties whose owners rely

upon clean and safe water.

39.

Flint's relative prosperity has paralleled that of the American

automotive industry, growing exponentially during the first half of the twentieth

century but experiencing catastrophic downturns in the last forty years as domestic

car companies shuttered some plants and moved others. Flint's fate has been

particularly tied that of its largest employer, General Motors. When General

Motors downsized in the 1980s, closing facilities and laying off workers, Flint

similarly witnessed substantial economic turmoil that continues to date.

40.

According to the most recent Census, 41.6% of Flint's citizens

Plaintiffs here - live at or below the poverty level. The median household income

in Flint is just $24,679 -1% lower than the median income in Michigan' and 54%

lower than the national median income.

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41.

In 2011, Flint's finances reached a critical place: an audit

estimated a $25 million deficit overall and Flint's water supply fund showed a $9

million deficit. In 2011, Governor Snyder declared Flint to be in a financial

emergency and the City entered receivership, with responsibility for governance of

the City and operation of its utilities and other services, including its water supply,

under the direction of Emergency City Governors who were appointed by the

Governor and employed by the State.

42.

Governor Snyder appointed Michael Brown as the Emergency

Financial Manager in Flint effective December 1, 201L The democratically elected

offices of Flint were subordinate to Brown. According to state Congressman Dan

Kildee, Brown was appointed to "simply do one thing and one thing only, and

that's cut the budget - at any cost."

B. The City Switches Water Sources

43.

Many decades ago, the City of Flint drew its water from the Flint

River. This changed in 1967 when the City began purchasing its water through the

Detroit Water and Sewerage Department ("DWSD") as its principal water supply,

with the Flint River serving as a backup source in the event of water shortage or

interruption of service from the principal source.

44.

As part of its receivership, Flint began exploring ways to decrease

costs associated with its water and sewer system. Water and sewer costs were the

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single largest expenditures in Flint's budget, rendering them obvious targets for

cuts to address Flint's financial crisis. According to a September 2011 report by

Rowe Professional Services, Flint could save money if it purchased its water from

Karegnondi Water Authority ("KWA") rather than the Detroit Water and Sewerage

Department. However, because the KWA would require substantial new

construction work, an immediate switch away from DWSD water would require

Flint to reopen its shuttered municipal water treatment plant, which sourced its

water from the Flint River.

45.

In August 2012, Governor Snyder appointed Edward Kurtz as

Flint's new Emergency Manager. Four months later, Michigan Treasury officials

met with Flint leaders to discuss alternative sources for Flint's drinking water,

including the Flint River. The officials agreed to study two potential options for

water sources: remaining with the Detroit Water and Sewer Department or

switching to Genesee County's KWA.

46.

In February 2013, Tucker, Young, Jackson & Tull, Inc. ("TYJT"),

an engineering consulting firm retained by the State of Michigan, issued a report

assessing the water supply alternatives for the City of Flint. According to its report,

TYJT was retained "to provide an analysis of the water supply options to assist the

Treasurer [of the State of Michigan] to provide an analysis of the water supply

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options to assist the Treasurer in determining any potential risk and the best course

going forward for supplying potable water to the City of Flint."

47.

The TYJT assessment concluded that the cost of continuing to

obtain water from Detroit likely would be lower than the costs of transitioning to

the proposed KWA treatment plant. However, the report also noted that Flint had

an interest in obtaining water "autonomy" vis-a-vis Detroit, and that transitioning

.to the KWA would serve that interest. The TYJT report did not discuss health and

safety issues related to the transitional period during which Flint would source its

water from the Flint River. Instead, the assessment in the report included only a

discussion of financial considerations associated with the transition to the KWA, as

well as the so-called "autonomy" interest that ultimately overrode the relatively

cost effective alternative of remaining with the Detroit water supply.

48. . On March 25, 2013, the Flint City Council voted to join KWA.

The vote had no legal effect because, due to the receivership, the Emergency

Manager had sole authority to authorize such a change.

49.

The day after the City Council's vote, on March 26, 2013, Stephen

Busch, the District Supervisor of the Michigan Department of Environmental

Quality ("MDEQ") emailed Daniel Wyant, the director of MDEQ regarding the

proposal to rely on the Flint River for Flint's water. In that email, Busch outlined

concerns regarding the health risks posed by switching to the Flint River as a water

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source. Specifically, he noted that use of the Flint River would, "[p]ose an

increased microbial risk to public health," and "[p]ose an increased risk of

disinfection by-product." Despite this feedback, Wyant wrote Andy Dillon,

Michigan's Treasurer, to report that "[a]ll indications are that we are supportive" of

joining KWA and using Flint's water as opposed to the DWSD.

50.

Three days after Busch outlined his concerns. Emergency Manager

Kurtz signed a resolution authorizing Flint to enter a contract with KWA.

Treasurer Dillon approved that decision in April, 2013. In doing so, Dillion

expressly noted that he was relying in part on the MDEQ's support of the project

as well as Emergency Manager Kurtz's "representations that this deal will lead to

substantial savings for the City over the coming decades."

51.

In or around June 2013, Emergency Manager Kurtz hired LAN to

advise the City with respect to using the Flint River as the City's water source

during the construction of the new KWA treatment plant, which was projected to

take approximately two years. LAN had previously advised the City regarding the

design of an upgrade to the Flint Water Plant. In a January 13, 2015 document

entitled "Water System Questions and Answers," the City assured citizens that

"with support from LAN engineering which works with several water systems

around the state, quality control could be addressed."

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52.

In deciding to proceed with the transition to the Flint River, the

City of Flint noted LAN's "extensive experience in this field," and relied upon

LAN's identification of the "engineering, procurement, and construction needs" for

the project." Although the City recognized that water from the Flint River "would

be more difficult to treat," the City concluded, based on LAN's recommendations,

that the Flint River was "viable as a source" of the City's water. See City of Flint,

Water System Questions & Answers (Jan. 13, 2015), available at

http://mediad.publicbroadcasting.net/p/michigan/files/201512/CoF-Water-System-

FAQ-l-16-2015.pdf. LAN continued to advise the City with respect to its

transition to the Flint River through 2015, and ultimately was paid more than $3.8

million for its engineering services. City officials, including then-Mayor Walling,

relied upon LAN's advice in pronouncing the City's water to be safe.

53.

In October 2013 Darnell Barley stepped in as the Emergency

Manager for Flint. Emergency Manager Barley rejected an offer by DWSD to

continue purchasing water from Detroit until the KWA pipeline could be

completed and the City prepared to switch to the Flint River in April 2014.

54.

On April 9, 2014, the City received the necessary permits from

MDEQ to draw Flint River water for distribution as the supply source for its water

distribution system during the multi-year transition to the new KWA facility.

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55.

Despite receiving these permits, the water system was not ready to

become operational. An email from Flint's Laboratory & Water Quality

Supervisor, Michael Glasgow, on April 14, 2014 read:

I have people above me making plans to distribute water ASAP .... I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon .... If water is distributed from this plant in the next couple weeks, it will be against my direction. ... I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.

56.

Glasgow's fears were well founded. The Flint water system was

not prepared for the switch to Flint River water. The Flint River, it turned out, was

contaminated with rock-salt chlorides washed into the river from road surfaces

over the course of many harsh Michigan winters. The level of chlorides in the Flint

River was eight times the levels provided in DWSD water. Chlorides are highly

corrosive, and must be neutralized with anticorrosive agents before entering public

water systems.

57.

Eleven days after this email was sent, on April 25, 2014, Flint's

water system officially switched to the Flint River without implementing a

necessary corrosion control protocol or otherwise addressing the concerns raised in

Glasgow's email.

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C. Use of Flint River Water Immediately Causes Serious Problems Including Bacteria Growth and Buildup of Dangerous Chemicals

58.

Within weeks of switching water sources, complaints began to

pour in from residents regarding the smell, taste, and color of the drinking water.

59.

Despite these complaints, then-Mayor Dwane Walling called the

water a "safe, quality product," and claimed that "people are wasting their precious

money buying bottled water."

60.

His assurances of safety provided little comfort to residents who

began to report that the water was making them ill. These concerns proved

accurate when, on August 14, 2014, Flint's water tested above legal limits for total

coliform and E. coli bacteria. The City issued boil water advisories on August 16,

2014 and September 5,2014 in response.

61.

To address the bacteria problem, the City treated the water with

additional chlorine. However, as has been well known for decades, in corroded

pipes chlorine preferentially reacts with the bare metal, instead of attacking solely

bacteria. The addition of substantial amounts of chlorine to a water supply is thus

ineffective in treating bacteria.

62.

The use of chlorine to disinfect water produces various disinfection

byproducts, including trihalomethanes (often referred to as Total Trihalomethanes

or "TTHM"). In the presence of bare pipes not protected by a corrosion control

protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless.

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High dosages pose serious health risks, however. For this reason, the U.S.

Environmental Protection Agency ("EPA") and various state agencies regulate

ITEM levels.

63.

Almost immediately following Flint's bacterial problems, it

became apparent that Flint's TTHM levels were alarmingly high. This should have

been a red flag. It is well known in the scientific community that high TTHM

levels can be a symptom of unprotected and corroding pipes.

64.

According to the World Health Organization:

Chlorine .... acts as a potent oxidizing agent and often dissipates in side reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing agents (hydrogen sulfide [H2S], manganese(II), iron(II), sulfite [SOs2-], Br", iodide [T], nitrite). From the point of view of DBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may be fast and result in the consumption of chlorine.

(emphasis added).

65.

That is exactly what happened in Flint's water distribution system.

To Flint, it seemed that the initial dosages of chlorine were not effective in treating

bacteria, so they added more chlorine. Unfortunately, the problem was not that the

dosage of chlorine was too low to treat the bacteria; rather, the chlorine was

preferentially reacting with the bare pipes instead of solely attacking the bacteria.

The pipes were bare because the Flint River's corrosive water had stripped away

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the pipes' protective coating. Now Flint had a second problem: the excess chlorine

generated high levels of TTHM. On December 16,2014, Flint's water tests

revealed TTHM levels in excess of federal limits.

66.

Soon thereafter on December 31, 2014, the first round of lead

monitoring results showed 90th percentile lead level result of 6 parts per billion

with two samples above action levels for lead (15 parts per billion). Importantly,

however, these samples were not necessarily drawn from the highest risk homes as

required by various environmental regulations.

67.

No one notified the public of these initial test results. However, on

January 12, 2015, in response to water quality concerns, the state installed water

coolers in state offices in Flint-and gave state employees the option to use bottled

water and provide bottled water to visitors. Unfortunately, the people of Flint were

not given these options, resources, or information.

D. Concerns Regarding Flint's Water Multiply Exponentially as Michigan Experiences an Outbreak of Legionnaires Disease and
Initial Lead Concerns Emerge

68.

As City and State officials were beginning to assess the extent of

Flint's TTHM problems, another problem emerged in the summer of 2014 - the

Michigan Department of Health and Human Services (MDHHS) reported an

outbreak of Legionnaires' disease.

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69.

Legionnaires' disease, or legionellosis, is a severe form of

pneumonia which, when treated early enough, has a mortality rate of 20%; if left

untreated, the mortality rate rises to 80%. Infection in humans occurs when water

droplets contaminated with Legionella bacteria are inhaled or when water

containing Legionella enters the trachea. Legionella has been extensively studied

and the conditions for likely outbreaks of the disease are well understood.

70.

The Legionnaire's outbreak should have clued City officials and

engineers to a corrosion problem in Flint's pipes. According to a briefing statement

prepared by MDEQ and sent to Governor Snyder:

Most of the city's 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall.

(emphasis added).

71.

In addition to a rise in the reported incidence of Legionnaires'

disease, MDHHS first noted another potential problem related to Flint's water in

September 2014. According to an internal memo not circulated to the public until

much later, MDHHS warned that lead poisoning rates "were higher than usual for

children under age 16 living in the City of Flint during the months of July, August

and September, 2014."

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72.

Despite this knowledge, the City took no steps to address its

corrosion control problems. To the contrary, officials took affirmative steps to

avoid publicly recognizing the role of corrosion in Flint's water problems.

73.

On October 13, 2014, General Motors announced that it would

stop using water from the Flint River at its engineering plant due to fears that it

would cause corrosion. In response, MDEQ's Michael Prysby wrote to Stephen

Busch and others that the Flint River water had elevated chloride levels. He stated

that "although not optimal^]" the water was "satisfactory." He noted that he had

"stressed the importance of not branding Flint's water as 'corrosive' from a public

health standpoint simply because it does not meet a manufacturing facility's limit

for production."

74.

Despite the MDEQ's report that Flint's water tests revealed TTHM

levels in excess, of federal law, on January 6, 2015, Flint's former mayor, Dayne

Walling, told Flint's residents the water was safe, assuring them that his family

used it.

75.

Three days later, on January 9, 2015, University of Michigan-Flint

water tests revealed high lead levels in two locations on campus, causing the

university to turn off certain water fountains.

76.

Despite the well-known problems with bacteria and TTHMs and

the slowly emerging concerns regarding lead contamination and Legionnaires'

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disease, Emergency Manager Earley rejected pleas by City Council members to

stop using Flint River water and return to DWSD. Earley stated it would be too

expensive to switch back to DWSD as Flint's water source; however, some reports

indicate that Earley rejected an offer from DWSD to waive the $4 million

reconnection fee if Flint wished to switch back to Detroit water.

77.

Instead of switching back to the DWSD, additional assurances of

the water's safety were relayed to residents. On January 13, 2014, Flint's

Department of Public Works published a letter regarding Flint's water and the

City's response. The letter assured concerned citizens that the City was taking

steps to address the bacteria and TTHM problems with Flint's water. Critically absent from this letter were any warnings related to lead exposure or the presence

of Legionella contamination.

78.

A recent scientific study found lingering traces of Legionella in

Flint's water supply. Even alter switching Flint's water back to the DWSD,

researchers were able to culture Legionella bacteria from sample sites in Flint.

According to Dr. Otto Schwake, a postdoctoral fellow at Virginia Tech University,

the corrosion of Flint's pipes may have left them "permanently more conducive to

Legionella."

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E. LAN and Veolia - Retained to Render Flint's Water Safe - Do Just the Opposite, Worsening Flint's Corrosion and Lead
Problems

79.

In the midst of growing concerns about the safety of its water, Flint

engaged two engineering companies to provide their professional opinion

regarding the necessary changes to render the water compliant with state and

federal laws.

80.

First, the City engaged LAN. LAN had previously advised the City

in connection with an upgrade to the Flint Water Plant and was not required to

submit a bid for the new job. Rather, its services were retained by resolution. On

June 26,2013, it was resolved by Emergency Manager Kurtz, that the City would

"enter into a Professional Engineering Services contract with Lockwood, Andrews

& Newnam, Inc. for the administration of placing the Flint Water Plant into

operation using the Flint River as a primary drinking water source at a cost of

$171,000.00." In addition to Kurtz's signature, the resolution was also approved by

Peter M. Bade, the Chief Legal Officer, and Gerald Ambrose, who was acting as

the Finance Director at the time.

81.

Initially, the City hired LAN to complete an "Operational

Evaluation Report" ("OER") in conformance with EPA guidelines with the goal to

determine the cause(s) of high levels of TTHM and evaluate possible solutions."

The EPA's guidelines for completing an OER include examining whether there has

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been a change in water source or quality which includes an examination into the

pH of the water. Additionally, the guidelines require an examination into whether

there has been any change in chemical applications including changing dosage or

chemicals.

82.

The scope of LAN's assignment expanded over time and LAN

ultimately was paid approximately $3.8 million for work it performed in

connection with the Flint water system between 2013 and 2015. As recently as

November 2015, LAN was retained pursuant to a $907,000 "add-on" to its existing

contract to advise the City regarding the transition to the new KWA plant.

Throughout the relevant time period, City officials relied on LAN to use its

professional expertise to properly advise them on how to maintain the safety,

quality and reliability of the City's water supply.

83.

' In addition to its reliance upon the professional services provided

by LAN, Flint also issued an Invitation to Bid for Professional Water Consultant

Engineering Services. The City sought to engage an engineering company with a

broad scope of work to "review and evaluate the water treatment process and

distribution system, provide recommendations to maintain compliance with both

state and federal agencies, and assist in implementing accepted recommendations."

The Invitation to Bid further specified that the engineering firm would be asked to

provide an "[evaluation of the City's processes and procedures to maintain and

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improve water quality," and a "[r]eport that outlines recommendations that will

improve the water treatment and distribution system." Despite the extensive nature

of the services requested^ the price of Yeolia's bid was only $40,000. No other firm

submitted a bid.

84.

The City engaged Veolia's services. On February 10, 2015, Yeolia

and the City issued a joint press release to the community at large, indicating that

Yeolia was an "urban water expert" in "handling challenging river water sources"

and that it would essentially be evaluating all of the City's water treatment

processes.

85.

The press release contained no limitation on Yeolia's scope of

work. David Gadis, the Vice President of Yeolia North America's Municipal &

Commercial Business stated, "We understand the frustration and urgency in

Flint[.] We are honored to support your community with our technical expertise so

that together we can ensure water quality for the people of the city of Flint." He

continued, "We have extensive experience handling challenging river water

sources, reducing leaks and contaminants and in managing discolored water."

Based on these representations, the people of Flint had every reason to rely on

Yeolia's subsequent representations of safety.

86.

LAN's and Yeolia's performance of their professional duties fell

far short of the appropriate standard of care that would have been employed by an

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engineer of ordinary learning, judgment, and skill. Specifically, LAN's and

Veolia's professional negligence took two forms: (1) a failure to conduct a root-

cause analysis that would have identified the need for corrosion control, and (2) the

recommendation to add ferric chloride which rapidly increased the rate of

corrosion in Flint and, correspondingly, the amount of lead that leached into Flint's

drinking water.

1. LAN and Veolia Fail ,to Conduct a Proper Root Cause Analysis or Recommend Corrosion Control.

87.

Both LAN and Veolia were hired to ensure Flint's water system

was compliant with federal and state environmental statutes after tests revealed

TTHM concentrations in excess of federal limits. In February 2015, LAN issued its

report "Trihalomethane Formation Concern," and on March 12, 2015, Veolia

issued its report, "Flint Michigan Water Quality Report." Critically absent from

either report was a root cause analysis identifying corrosion as a cause of Flint's

high TTHM levels. LAN's and Veolia's failure to perform a root cause analysis

constituted professional negligence.

88.

A root cause analysis is a process designed for use in investigating

and categorizing the root causes of events with safety, health, environmental,

quality, reliability, and production impacts. The purpose of a root cause analysis is

to identify why a given event occurred in addition to describing what occurred.

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Understanding why an event occurred is critical to developing effective

recommendations for dealing with an event.

89.

Providing engineering recommendations for addressing an event

(such as high TTHM levels) without performing a proper root cause analysis to

understand why the event occurred is the equivalent of a doctor performing heart

surgery after a patient complains of chest pains - certainly surgery may be

necessary to address the underlying cause of the patient's chest pains, but one

cannot know without investigating the cause of the patient's symptoms.

90.

LAN and Veolia should have done a proper root cause analysis to

detennine the cause of the high TTHM concentrations, but they negligently did

not. Had they done so, LAN and Veolia would have discovered that the Flint

River, like many urban rivers, was highly contaminated with salt from road de-

icing operations that was likely corroding Flint's pipes. Salt is composed of sodium

and chloride. Chloride is known to be very corrosive to iron pipes. Having

identified the root cause, they would have prompted the City to address the root

issue — a course of action which would have prevented almost all of the tragic

consequences that actually followed. Instead, both LAN and Veolia myopically

focused on what they believed to be the sole cause of TTHM - poor disinfection

effectiveness.

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91.

LAN's and Veolia's failure to conduct a root cause analysis

recognizing the corrosion's role in Flint's water problems is truly inexplicable.

Indeed, several characteristics of Flint's water system and related problems should

have placed LAN and Veolia on high alert that pipe corrosion was a likely cause.

The most rudimentary analysis would have confirmed this. LAN and Veolia

ignored several red flags that should have alerted them to the extensive corrosion

and pH problems with Flint's water system.

92.

For example, it should have been obvious to LAN and Veolia - as

professed experts on water quality and treatment issues - that a small river in an

urban environment, such as the Flint River, would be contaminated by chlorides

from salt used in road de-icing operations during many Michigan winters. It is well

known that chloride concentrations in northern U.S. rivers have increased

dramatically over time with average concentrations approximately doubling

between 1990 and 2011. This phenomenon is particularly evident in cold, urban

settings, such as Flint, Michigan, where there are both significant snowfalls and

dense roadways requiring de-icing. Chloride contamination should have been

obvious to water-engineering specialists such as LAN and Veolia given these

characteristics.

93.

Indeed, in February 2004, the MDEQ, the U.S. Geological Survey

("USGS"), and the City completed an assessment of the Flint River as a possible

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source of drinking water and concluded that it had a very high susceptibility to

potential contamination sources. See City of Flint, City of Flint 2014 Annual Water

Quality Report at 2 (2014), https://wwwxityofflint.com/wp-content/uploads/CCR-

2014.pdf.

94.

Moreover, a simple comparison of the chloride levels in the Flint

River with that provided by the DWSD, Flint's prior water source, would have

quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint

River contains about eight times more chloride than the DWSD-supplied water.

95.

The Flint River water also had an extremely high chloride-to-

sulfate mass ratio ("CSMR") of 1.6. Normally, a CSMR ratio of greater than 0.5 is

a cause for serious concern. Had LAN or Veolia investigated the chloride-to-

sulfate ratio in the Flint River, as would be expected of an engineer of ordinary

diligence, they would have immediately had reason to believe that Flint's CSMR

posed serious corrosion risks.

96.

The City's inability to effectively treat E. coli with chlorine should

have likewise alerted LAN and Veolia to the existence of corrosion. It is well

established by governmental authorities and the scientific community that the

inability to treat E. coli with chlorine is often caused by heavily corroded piping.

According to a study published by the EPA, high E. coli concentrations are a

product of corrosion, and the inability to treat E. coli with chlorine was caused by

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corroded pipes. Flint's inability to treat E. coli with chlorine - and the resulting

TTHM problem - should have placed LAN and Veolia on notice that Flint's pipes

were corroding and releasing lead and other materials into the drinking water

supply.

97.

The uptick in reported cases of Legionnaires' disease, reported

during a press conference prior to LAN's and Veolia's retention, should have

similarly put LAN and Veolia on notice that Flint's water system exhibited signs of

corrosion. Legionella, the bacteria that causes Legionnaires' disease, grows on the

film on the inside of pipes and is found in potable water. Legionella can exist in

water distribution systems, including homes, hospitals, hotels, and any other

building supplied with water. Legionella is transmitted into the air by plumbing

equipment such as faucets, showerheads, hot water tanks, humidifiers, respiratory

therapy equipment, and whirlpool baths where it is then inhaled, resulting in

infection.

98.

One of the most common causes of Legionnaires' disease is

exposure to impacted potable water. While Legionella is found widely throughout

the environment, it is fairly rare that an outbreak occurs. Outbreaks are related to

environmental factors, not person-to-person exposure. Flint's outbreak of

Legionnaires Disease indicated the presence of Legionella bacteria in Flint's pipes

and, relatedly, the likely presence of pipe corrosion.

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99.

Legionella exhibits several properties that allow them to persist in

extreme environmental conditions such as low and high temperatures, presence of

disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are

in warm water between 35° and 46° Celsius (C) (950~114.8° Fahrenheit (F)).

These environmental conditions promote and protect Legionella growth due to the

association between Legionella and biofilms, as well as their symbiotic and

parasitic interactions with other microorganisms. They are also ideal conditions for

pipe corrosion.

100. Legionnaires' disease is associated with biofilms and corrosion in

piping systems, and water with a pH in the range of 5.0 to 8.5. All of these

conditions were present in the Flint water supply, yet neither LAN nor Veolia

made any recommendations to treat the water to prevent or abate an outbreak.

LAN and Veolia should have known that the outbreak of Legionnaires' disease

was related to corroding pipes, and should have recommended steps to abate the

corroded pipe and conditions causing corrosion.

101. Moreover, in constructing and maintaining drinking water systems,

operational and procedural efforts must be taken to prevent the growth of

Legionella, including an assessment of the quality of the source water and the

installation, operation, and maintenance of systems to protect the installations from

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sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
102. Finally, just the color of Flint's water should have led any reasonable engineer to the conclusion that Flint's pipes were dangerously corroded. The source of Flint's water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint's water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
103. Had LAN and Veolia conducted a proper root cause analysis, or even simply paid attention to any of the myriad warning signs presented to them, they would have been alerted to the significant corrosion problem and the lack of a proper corrosion control protocol.
104. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: "Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem. .. Lead corrosion products observed on lead pipes include lead(II)
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carbonates and phosphates and, more recently, lead(IY) oxide (PbOiCs)). Solubility and dissolution rates of corrosion products are affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual."
105. To address systems such as Flint's that still incorporate lead pipes, the federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule ("LCR") in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
106. Flint's lack of a corrosion control protocol constituted a clear violation of the EPA's Lead and Copper Rule. Given this violation, Veolia's conclusion in its March 12, 2015 report that its "review of water quality records for the time period under our study indicates compliance with State and Federal water regulations" was clearly false.
107. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia's report states, "The water system could add a polyphosphate to the water as a way to minimize the
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amount of discolored water." The report explains that, "Polyphosphate addition

will not make discolored water issues go away." Thus, rather than recognizing that

corrosion control was required to render Flint's water system compliant with

federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not

have a corrosion control protocol and undermined the importance of installing one

by stating that it was unlikely to be effective in addressing discoloration (without

the slightest mention of the urgent need to implement this to address the severe

lead contamination in the water). Even Veolia's suggested dosage, 0.5 mg/L was

far too low. The City is now adding four to eight times as much phosphate, 2 to 4

mg/L. 108.

Veolia knew or should have known that the Flint water system was

in violation of federal safe drinking water standards. Its affirmance that Flint was

in compliance with federal environmental standards - a false assurance that Flint's

water was safe - wrongly instilled confidence in Flint's water on behalf of both the

City and its residents. As a direct and proximate result, Flint did not take further

steps to resolve its water problems and the City's residents continued to drink the

water.

109. LAN, too, knew or should have known that Flint's water was in violation of federal regulations. It should have immediately alerted Flint and its

citizens to the corrosive blight eating away at Flint's pipes and poisoning its

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residents; instead, it produced a bland report that implicitly endorsed Flint's policy

of neglect.

110.

"Lead has been a challenge and a bane for water suppliers since

historical times. . . . The numerous articles printed in leading scientific journals, in

the United Kingdom and United States, in the late nineteenth century, documenting

thousands of cases of lead poisoning caused by lead water pipes, have largely

faded in the mist of history. These cases often resulted in death, paralysis,

blindness, insanity, convulsions, miscarriages and still births." Dr. Colin Hayes et

al, Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr.

Colin Hayes ed. 2010) (hereinafter, 'TWA Guide").

111. LAN and Veolia should have quickly realized that the pipes were

corroding and releasing lead and other elements into Flint's water, and that the

corrosive water was coursing through resident's homes and businesses. LAN and

Veolia negligently failed to make these basic observations and, as a direct and

proximate result, pipes throughout Flint corroded. Had LAN and Veolia conducted

any proper root cause analysis, they would have known that corrosion was causing

Flint's TTHM levels as well as a related lead problem. Their failure to conduct the

proper analysis constituted professional negligence.

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2. LAN and Veolia Recommend Adding Ferric Chloride to Flint's Water.
112. Not only did LAN and Veolia fail to conduct any proper root cause analysis, they affirmatively made Flint's corrosion problem worse by recommending the addition of ferric chloride - a very potent, corrosive acid ~ without the addition of an alkaline buffer to raise the pH. This exacerbated the problems with Flint's water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
113. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out of the water at the treatment plant. Ferric chloride is highly acidic and corrosive and, if -unbuffered by an alkaline substance, will attack the pipes throughout the distribution system causing lead and other materials from the pipes to be released into the drinking water. Accordingly, it is universally agreed that to reduce corrosion, some form of phosphate or other corrosion control must be added to coat the pipes. This industry practice applies to minimizing the impact of ferric chloride, and indeed, chloride from other sources {e.g., the Flint River). And, as discussed above, the requirement to add a corrosion control is mandated by the Federal Safe Drinking Water Act.
114. Veolia's March 2015 report states that prior to arriving at its conclusions, Veolia undertook "laboratory testing" and concluded that, "[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are
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recommended." Veolia acknowledged that its recommended increase was significant: "This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year,"
115. • Specifically, Veolia's report states: Increase of Ferric Chloride - Four coagulants were tested by Veolia ferric chloride, ferric sulfate, polyaluminum chloride (PAC1) and aluminum chlorohydrate (ACH). Ferric chloride and ACH were found to be the best choice of product for effectiveness in removing TOC, a precursor to TTHM formation. Current ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended. Again, please note, that the amount of chemical needed changes with the nature of the river and as such, water must be tested multiple times a day with corresponding changes in chemical dosages. This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year. The increase in chemical costs could be up to $1,000,000 per year. This change in dosage (using ferric chloride) can be made immediately without state permit review. (emphasis added.) 116. At the same time that Veolia gave the unqualified opinion that the current dosage is "too low," and should be doubled, Veolia knew that the City had no corrosion control protocol and knew (or should have known) that corrosion was already a significant problem in Flint. Veolia's directive that the City double its dosage of ferric chloride was unqualified and in no way warned that ferric chloride could increase corrosion. Moreover, Veolia failed to inform the City that in order to increase the dosage of ferric chloride (or indeed to use any chloride at all) it
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must also raise the water's pH and use phosphate to protect the pipes from corrosion.
117. In August, 2015, LAN made the same recommendation to increase the dose of ferric chloride:
Increasing the dose rate of ferric chloride is an operational change that can easily be implemented without the need for any additional equipment. Test results show that over 40% THMFP removal can be obtained with a dosage of 60 mg/L Fe3+ or higher. Increased dosing of ferric chloride would be most ideal coupled with regular raw water TOC monitoring so that TOC levels would dictate the appropriate ferric chloride feed rate. 118. LAN and Veolia should have told the City that the addition of phosphate and a pH buffer was mandatory to prevent the leaching of lead from pipes - especially if the ferric chloride concentration was increased. No such recommendation was made. 119. As a direct and foreseeable result of LAN's and Veolia's recommendations, Flint increased the ferric chloride dosage without adding corrosion controls. 120. The ferric chloride added to Flint's water system at LAN's and Veolia's suggestion caused substantially greater amounts of lead to leach into Flint's water supply.
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121. The impact of acid on metal, whicH would include the pipes and
appliances in Flint, is well known to water experts. As indicated by the Centers for
Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter.... These acidic water treatment additives can interfere with corrosion protection. . . . Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system.. . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.
Centers for Disease Control and Prevention, Fluoridation of Drinking Water and Corrosion of Pipes in Distribution Systems Fact Sheet, http://www.cdc.gov/fluoridation/factsheets/engineering/corrosion.htm (last updated July 10, 2013).
122. A graph prepared by the Flint Water Study Group from Virginia
Tech University shows that the pH of Flint's water distribution system became
more acidic after the Veolia Report was issued in March, even as the pH in the
Flint River became less acidic:
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Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.57 Page 57 of 93

8.3
8.1 -
7.9 X Q.
7.7 -
7.5
7.3

City of Flint - 2015

Flint River Source Water pH (Average) Flint Treated Water pH (Average)

10/2: flint has "lime corrosion control"

z
2/27: Flint has "optimal corrosion control"

fl/24: Flint has"no corrosion control"

7/13: "anyone wholsconcemed about lead in the drinking waterinFlint can relax"
8/4: EPA has been "handled"

5/1: "Ftequiringa <corro5ioncontrol>studyat thecurrenttime willbeoflittletonovaluelnthelongtermcontrol of<lead>."

Jsn

Feb

Mar

May

lun

Aug

123. The graph above shows that the Flint River had a pH at or above

8.0 S.U. for all of 2015, and steadily increased after June. By comparison, the

graph shows that the pH in Flint's municipal water supply started dropping steadily

from 7.9 S.U. in March (just after Veolia made its recommendation to double the

ferric chloride concentration) to 7.3 S.U. in August. This difference is significant.

pH is measured on a logarithmic scale, which means that a pH of one whole

number, such as 7.0 S.U., is ten times more corrosive than a pH of another whole

number, such as 8.0 S.U. The drop in pH from 7.9 to 7.3 indicates a dramatic

increase in the corrosivity of Flint's water.

124. The graph above is punctuated with quotes from Defendants'

emails and other documents that illustrate the contradictory information provided

by State officials regarding the existence of corrosion control measures and lead in

Flint's drinking water.

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125. On June 24, 2015, the EPA reached a similar conclusion about the City's addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding jfem'c chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network. Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added). 126. The corrosivity of ferric chloride is well known. Ferric chloride is highly acidic, and has a pH < 1, which is equivalent to battery acid. See James DeWolfe, Guidance Manual for Coagulant Changeover at 52, (AWWA Research Foundation, 2003). 127. The method for addressing the impact of ferric chloride is also well known. Because ferric chloride lowers the drinking water pH to corrosive levels, the standard procedure is to raise the pH to the neutral or even alkali ranges. "The water quality parameters that can impact the corrosion of distribution system and domestic piping systems include pH, alkalinity, TOC, aluminum, sulfate, chloride, hardness, oxygen levels, and disinfectant residual. Corrosion of lead and copper pipes has been described by various researchers... " EPA Office of Water,
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Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.59 Page 59 of 93
Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999) (hereinafter, "EPA Guidance").
128. The EPA has further explained that, "[cjontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or " enhanced softening is implemented." Id.
129. This is true because, "[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation." Id.
130. "Enhanced coagulation and enhanced softening may change the chemistry of the water entering the distribution system. Before enhanced coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed. ... If the recommended mitigation actions represent a major change in corrosion control, the utility can conduct pilot-scale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals." Id.
131. "The vast majority of U.S. utilities were able to comply with [U.S. EPA's] lead and copper rule by: 1) pH and alkalinity adjustment, most frequently
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to the pH range of 9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble PbOs deposits through chlorination to high ORP [and sometimes concurrent adjustment to > 9 S.U." IWA Guide at 46.
132. Fresh water can have widely ranging pH values depending on the geology of the drainage basin or aquifer and the influence of contaminant inputs. If the water is acidic, lime, soda ash, or sodium hydroxide can be added to raise the pH during water purification processes. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
133. Both LAN and Veolia analyzed the pH in Flint's water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Flint's water would have been less corrosive and, relatedly, less lead would have leached into Flint's water.
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3. Veolia and LAN Misled the Public, Falsely Assuring Them the Water Was Safe.
134. LAN and Veolia were hired for the express purpose of determining the cause of Flint's water problems and identifying the corrective measures necessary to render Flint's water system compliant with state and federal regulations.
135. LAN and Veolia entirely failed to satisfy the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint's TTHM levels and, relatedly, caused lead and other materials leaching into Flint's water supply. Moreover, a proper root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
136. Despite recognizing that Flint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN and Veolia's reports implicitly and explicitly deemed Flint's water system compliant with federal regulations. By doing so, LAN and Veolia wrongly accorded Flint's water the imprimatur of safety.
137. Accordingly, not only did the City of Flint fail to take the proper steps to render its water system compliant, but Plaintiffs and the Class were wrongly assured they could continue to drink Flint's water. These false assurances had catastrophic results.
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F. The City Discovers—and Covers Up—Its Lead Crisis 138. On February 26, 2015, the City of Flint tested LeeAnn Walters's water for lead and the results were dangerously high. According to that test, the water at Ms. Walters's home contained 104 parts per billion (ppb) of lead - nearly seven times the EPA's 15 ppb limit The City official who conducted the test, Michael Glasgow, characterized the result as "very high." Mr. Glasgow informed Ms. Walters, a mother of four, that he was, "[sjorry for this news," but otherwise provided no guidance regarding the relative safety of the water, what was being done to solve the problem, or whether Ms. Walters and her family should continue drinking the water. 139. Ms. Walters turned to the EPA for guidance, forwarding the test results to the EPA. Jennifer Crooks of the EPA's Region 5 office immediately reached out to Busch and Prysby at MDEQ, "to alert you to the high lead levels reported to a citizen yesterday by Flint Water Dept. . . . Mike Glasgow at the plant . . .didtestittofindthatthe ironlevelsweregreaterthanhistestwould go; GT 3.3. But, because the iron levels were so high, he suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3... Big worries here." 140. Ms. Crooks further explained in her email, "[t]hat the different chemistry water is leaching out contaminants from the insides of the biofilms
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inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant."
141. The Regulations Manager of the Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following on February 26, 2015: "Miguel was wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it Phosphates?"
142. On February 27, 2015, MDEQ's Stephen Busch falsely infonned the EPA that, "The City of Flint... Has an Optimized Corrosion Control Program [and] Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results."
143. On March 3, 2015 - after the City increased its ferric chloride dosage to address TTHM levels - Ms. Walters's home was retested and showed lead levels of 397, more than twenty-six times the legal limit. Again, neither the City nor the professional engineers retained to advise Flint regarding its water system did anything to investigate, ameliorate, or inform the public regarding the extreme hazard posed by the City's water supply.
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144. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of 3 fig/dL. Fearing that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood re-tested for lead on March 27,2015. This test reported a blood lead level of 6.5 jig/dL - higher than the CDC's 5 [j-g/dL threshold.
145. Ms. Walters brought this information to the attention of local health officials. Far from recognizing the danger posed by this result, Ms. Walters's concerns were casually dismissed and even belittled. "He is barely lead poisoned," Ms. Walters was told by a state nurse, "If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation." The same nurse continued, "I am working with kids in their 40's and 50's. It is just a few IQ points ... it is not the end of the world."
146. Ms. Walters's water was again re-tested on April 28, 2015. Those tests showed extremely high lead levels between 200 ppb and 13,200 ppb, with an average of 2,429 ppb. The legal limit is 15 ppb - accordingly, at the high-end, the lead in Ms. Walters' home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists
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Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.65 Page 65 of 93
to investigate the Flint water system. That team, led by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study which has sought to compile information related to the Flint water crisis. In response to Virginia Tech's results, the City remained silent.
147. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved "preflushing" before collecting samples. According to an EPA official, "pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water." Pre-flushing, while not expressly prohibited, "negates the intent of the rule to collect compliance samples under 'worst-case' conditions." No public announcements were made regarding the existence of lead in Flint's drinking water.
148. Having seen no action from Michigan, MDEQ, or the City in response to its prior letter regarding the Walters' high lead tests, EPA's Del Toral drafted and sent a memorandum to other EPA and MDEQ officials on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA's "major concern from a public health standpoint" was "the absence of corrosion control treatment in the City of Flint for mitigating lead and copper levels in the drinking water."
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149. Mr. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint's water was directly related to the City's use of ferric chloride to remove bacteria and reduce TTHM levels. Mr. Del Toral explained what any reasonable engineer should have already known, "[sjtudies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network."
150. Collecting samples that accurately depicted real world scenarios in other words, scenarios where people did not allow their water to run for several minutes before drinking it - was incredibly important because "compliance sampling results which are reported by the City of Flint to residents could provide a false sense of security to the residents of Flint regarding lead levels in the water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water."
151. Moreover, initial tests for lead in Flint's water were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months'of 2015 were incorrectly labeled as having come from homes with lead service lines when, in truth, the samples had been taken from homes with underground plumbing made of copper, galvanized steel, or other
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materials that pose lower risks of corrosion, according to the City's own documents.
152. The City's failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint's drinking water; this failure also constituted a violation of federal environmental laws which require water sampling be done at "high-risk" locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such highrisk homes.
153. Michael Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning, Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location of lead service lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
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154. As a result, the City failed to promptly and fully identify the presence of lead in Flint's drinking water. These failures both delayed corrective action and wrongly induced a belief among Flint's citizens that the water was safe. Flint's water crisis did not begin to get the attention it needed until an EPA memorandum on the crisis was leaked to the ACLU and the press, prompting lawsuits and investigations. Concerns regarding corrosion of Flint's pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed what many had long suspected: the Flint River was substantially more corrosive than Flint's prior water source with about eight times the amount of chloride. In September, Virginia Tech's analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered "hazardous waste." The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
155. On September 2 4 , 2015, Dr. Mona Hanna-Attisha, a pediatrician at Hurley Medical Center, released a study showing that the levels of lead in children tested after the City of Flint started using Flint River water were much higher than before the switch.
156. Specifically, Dr. Hanna-Attisha studied data from blood levels processed at Hurley Medical Center for children under 5 years of age residing in
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Case 5:16-cv-12875-JEL-MKM ECF No. 1 filed 08/05/16 PageID.69 Page 69 of 93
zip codes 48501-48507 and compared Elevated Blood Level ("EBL") percentages for the period January 1, 2013 to September 15, 2013 with the period January 1, 2015 to September 15, 2015. An EBL result was defined as a blood level in excess of 5 g/dL. This corresponds with the CDC's recognized blood lead limits. According to her report, 2.1% of blood samples reported EBLs during the preswitch 2013 period compared to 4% EBLs after the switch. In other words, the incidence of blood poisoning doubled after Flint switched water sources and LAN and Veolia recommended the addition of ferric chloride.
157. Tragically, Dr. Hanna-Attisha's study revealed especially high incidence of EBLs for children 15 months of age and under. For those children residing in homes where drinking water tested high for lead, the rate of EBL is three times the pre-switch period. But no children in Flint are safe - even among those children who resided in areas of Flint that did not report high lead levels in the water, the incidence of lead poisoning nearly doubled. Moreover, the lead that was released from pipes now exists in sediment throughout the system and in the pipes and appliances in resident's homes and businesses, and can become remobilized into the drinking water at any time. This demonstrates the significant impact of the water switch on the entire community: no matter where one resides in Flint, the risk of lead poisoning cannot be escaped.
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158. Despite evidence that the Michigan Department of Health and Human Services was aware of EBLs as early as September 2014, Michigan's HHSD spokesperson, Angela Minicuci, initially reported that blood lead levels in Flint had remained steady since the switch to Flint River. MHHSD later acknowledged that lead levels were increasing consistent with Dr. Hanna-Attisha's findings.
G. Despite Admissions of Wrongdoing, Problems Continue Unabated 159. On October 16, 2015 - at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding pipes were causing contamination of the community's water, the City switched back to using water from the DWSD. 160. In an email dated October 18, 2015, from MDEQ Director Wyant to Governor Richard Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized corrosion control. He wrote, "I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning." 161. It was not until these mistakes came to light that the City took the steps necessary to begin to bring Flint into compliance with federal environmental
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laws. On October 30, 2015, MDEQ emailed Glasgow, instructing him to institute the requisite corrosion control.
162. By this point, however, the damage was done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into the homes and businesses of Flint's residents was replacing the pipes.
163. Since the crisis first came to light, various entities have initiated investigations into the persons and entities that caused the crisis. The statesponsored Flint Water Advisory Task Force issued its final report in March, 2016. That report recognized that, "[u]ltimate accountability for Michigan executive branch decisions rests with the Governor," but found misconduct on behalf of several persons and government entities.
164. Likewise, Congress has held hearings related to the Flint crisis, calling several individuals, including Governor Snyder to testify before the Committee. Critically, however, neither the state-sponsored Task Force nor the Congressional hearings have resulted in any compensation being awarded to Plaintiffs or the Class, nor have any of these investigations fully examined the role of LAN and Veolia in causing this crisis.
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H. Personal and Property Damages Suffered by the Class

165. As a direct, proximate and foreseeable cause of Defendants'

conduct, Plaintiffs and the Class have suffered extensive personal and property

damage.

1. Lead's Devastating Health Effects and Other Personal Injuries Caused by Flint's Water Crisis.

166.

Lead's catastrophic effects are indisputable. According to the EPA,

"[y]oung children, infants, and fetuses are particularly vulnerable to lead because

the physical and behavioral effects of lead occur at lower exposure levels in

children than in adults. A dose of lead that would have little effect on an adult can

have a significant effect on a child. In children, low levels of exposure have been

linked to damage to the central and peripheral nervous system, learning disabilities,

shorter stature, impaired hearing, and impaired fonnation and function of blood

cells."

167.

According to the World Health Organization, "lead affects

children's brain development resulting in reduced intelligence quotient (IQ),

behavioral changes such as shortening of attention span and increased antisocial

behavior, and reduced educational attainment. Lead exposure also causes anemia,

hypertension, renal impairment, immunotoxicity and toxicity to the reproductive

organs. The neurological and behavioral effects of lead are believed to be

irreversible."

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168. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
169. Lead is so harmful that, according to the EPA, "ingestion of lead can cause seizures, coma and even death."
170. The effects of lead exposure are long lasting. The EPA has explained that, "[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth."
171. Lead is also harmful to adults. The EPA warns that "[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [Reproductive problems (in both men and women)."
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172. The costs of lead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course of appropriate treatment. Leonardo Trasande and Yinghua Liu, Reducing TJte Staggering Costs Of Environmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (2011): 863870.
173. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning - typically chelation therapy - as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
174. Given the long-lasting risks of lead exposure and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
175. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires' disease. As explained above, the presence of Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires' and at least nine died. Those members of the Class who became infected with Legionnaires' disease suffered death, and for those who lived,
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incurred pain and suffering as well as substantial medical costs due to Defendants' conduct.
176. Finally, as a direct and proximate result of Defendants' conduct, Plaintiffs and the Class have suffered extreme emotional distress.
2. Flint's Children: Catastrophic Lifetime Losses 177. Flint's most vulnerable - its children - have suffered the most disastrous consequences from lead exposure - diminished potential over the entire course of their lives. The World Health Organization states, "[t]hese costs are sometimes referred to as lost opportunity costs.'Using a conservative estimate, the decrease in intelligence attractable to each 1 jig/dl increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial." 178. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical, sociological, disability and occupational services, or long-term monitoring and treatment costs. 179. According to an analysis of the economic losses attributable to lead exposure in 2009, "[t]he present value of Michigan's economic losses attributable to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using
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U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per year in loss of future lifetime earnings." Michigan Network for Children's Environmental Health, The Price of Pollution: Cost Estimates of EnvironmentRelated Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates of the fallout from Flint's lead crisis.
180. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
181. As a direct and proximate result of Defendants' conduct, Flint's children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
3. Property Damages Caused by Defendants' Conduct 182. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants' conduct, as described above. has caused significant property damage. 183. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and
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appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and potentially Legionella - thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs' and the Class's real property has been substantially diminished as a result of the continuing questionable safety of Flint's water and existence of corroded pipes and appliances.
184. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint's water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply.
185. The residents' homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
186. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water
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Research Watershed Center stated: "[w]ith respect to the corrosion potential of

YOUR drinking water, the primary concerns include the potential presence of

TOXIC Metals, such as lead and copper; deterioration and damage to the

household plumbing, and aesthetic problems such as: stained laundry, bitter taste,

and greenish-blue stains around basins and drains."

187. The Water Research Watershed Center has further explained that,

"The cost of corrosion can be expensive. Corrosion can impact you and your

family's health, aesthetic quality of your water, waste money, and damage your

household piping and fixtures."

188.

Not only does corrosion cause the "premature failure of household

plumbing and plumbing fixtures," the Water Research Watershed Center has

explained, corrosion also "decreases the efficiency of hot water heaters and may

cause premature failure to the heater." According to a Michigan Radio news story,

Virginia Tech researchers have recently returned to Flint out of concern that "lead

and other metals leaching from damaged pipes have accumulated in their hot water

heaters making bathing hazardous." The Virginia Tech researchers will be testing

water heaters for lead and Legionella bacteria.

189.

Moreover, residents have already reported damage to major

appliances such as dishwashers and washing machines following Flint's decision

to switch water sources.

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190. According to emails from Governor Snyder's office, the State estimates that replacing Residents' pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
191. Corroded pipes not only present a continuing health threat, they risk further damage to one's property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
192. Although the City has stated it intends to begin replacing some City-owned pipes, this is far from sufficient to render Flint's water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that "changing all the mains in the city will not really solve the problem for the homeowners" because the lead piping in these homes probably has been severely compromised. "The corrosion is not going away. It's still there."
193. Plaintiffs and the Class have been left to pay for the damage caused by Defendants. This has proven nearly impossible as many of the City's residents survive on very little money. To make matters worse, the Washington Post has reported that, "many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not
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covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say."
194. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
195. Moreover, the problems associated with Flint's water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, "[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing."
196. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: "[u]ntil [water] testing and potability is affirmed, it will be difficult to lend," said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint's residents. Lenders claim their hands are tied. As the Federal Housing
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Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require "a continuing and sufficient supply of safe and potable water" to provide home financing.
197. This creates a true catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe. IV. CLASS ACTION ALLEGATIONS
198. Plaintiffs bring this action pursuant to Michigan Court Rule 3.501 on behalf of themselves and a Class of similarly situated persons and entities, which is defined as follows:
All persons and entities that have resided in, or owned or rented property in, the City of Flint, Michigan since April 25, 2014. 199. The following persons or entities are excluded from the Class: Defendants; Defendants' parent companies and their subsidiaries, agents or affiliates; Defendants' officers, directors, management, employees, subsidiaries, agents or affiliates; and federal governmental entities and instrumentalities of the federal government, the Judge to whom this case is assigned and the Judge's staff and immediate family.
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200. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way.
201. Plaintiffs believe that there are thousands of Class members located in the United States, making the Class so numerous and geographically dispersed that joinder of all members is impracticable.
202. Questions of law or fact that are common to the Class and that predominate over individual questions include:
(a) whether Defendants engaged in the conduct alleged herein; (b) whether LAN and Veolia committed professional malpractice when they failed to conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control; (c) whether Defendants knew or should have known that Flint's water supply indicated the presence of lead; (d) whether Defendants knew or should have known that Flint's water supply indicated the presence of Legionella; (e) whether Defendants took steps to conceal the presence of lead in Flint's water supply or otherwise falsely assured Plaintiffs and the Class that Flint's water was safe;
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(f) whether Defendants' conduct was tortious under Michigan law, on the theories set forth herein;
(g) whether Plaintiffs and Class Members are entitled to damages and other monetary and equitable relief, and if so, in what amount and nature.
203. These and other questions of law and fact are common to the Class and predominate over any questions affecting the Class members individually.
204. Plaintiffs' claims are typical of the claims of Class members, and Plaintiffs will fairly and adequately protect the interests of the Class. Plaintiffs and all members of the Class are similarly affected by Defendants' wrongful conduct in that they suffered damages as a direct and proximate result of Defendants' illegal conduct. Plaintiffs' claims arise out of the same common course of conduct giving rise to the claims of the other Class members. Plaintiffs' interests are coincident with, and not antagonistic to, those of the other Class members.
205. Plaintiffs are represented by competent counsel with experience in the prosecution of class actions.
206. The prosecution of separate actions by individual members of the Class would create a risk of inconsistent or varying adjudications, establishing incompatible standards of conduct for Defendants.
207. A class action is superior to other available methods for the fair and efficient adjudication of this controversy. The Class is readily definable.
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Prosecution as a class action will eliminate the possibility of repetitious litigation. Treatment as a class action will permit a large number of similarly situated persons to adjudicate their common claims in a single forum simultaneously, efficiently, and without the duplication of effort and expense that numerous individual actions would engender. This action presents no difficulties in management that would preclude maintenance as a class action.
208. In the alternative, Plaintiffs seek class certification as to particular issues as permitted under MCR 3.501(B)(3)(d)(i). Plaintiffs seek certification as to the questions identified in Paragraph204 (a) through (h). Plaintiffs respectfully maintain that the class certification as to these issues is appropriate, as required by the Rule because certification as to particular issues provides a superior to any alternative means of adjudication as it eliminates the possibility of duplicative, inefficient litigation of identical issues. V. CAUSES OF ACTION
First Cause of Action (Professional Negligence) 209. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 210. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for
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the protection of Plaintiffs, the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property.
211. As a result, LAN and Yeolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Yeolia had duties to act as engineers of ordinary learning, judgment, or skill would.
212. As more fully described herein, LAN and Yeolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control.
213. As a direct and proximate result of LAN and Yeolia's negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Second Cause of Action (Gross Negligence)
214. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint.
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215. Defendants owed Plaintiffs and the putative class a duty to exercise

reasonable care. Upon learning of the release of the contaminants, Defendants

owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and

eliminate the contamination before it injured Plaintiffs, the Class and their property

and/or to act reasonably to minimize the damage to their property.

216. Defendants, individually and collectively, caused drinking water

with concentrations of lead exceeding applicable standards, and Legionella, to be

provided to Plaintiffs and the Class in contravention of federal environmental

statutes and guidelines. As such, Defendants with gross negligence, recklessly,

willfully, wantonly, and/or intentionally contaminated drinking water in and

around the real property of Plaintiffs and the Class.

217.

218.

LAN and Veolia owed Plaintiffs and the Class a duty to act with

reasonable care in undertaking its obligations. As professional engineers, LAN and

Veolia had duties to act as engineers of ordinary learning, judgment, or skill

would. As more fully described herein, LAN and Veolia breached their duties of

care by (1) failing to conduct a fulsome root cause analysis and (2) recommending

the addition of ferric chloride without concomitant corrosion control. As a direct

and proximate result of LAN's and Veolia's gross negligence, Plaintiffs and the

Class have suffered and continue to suffer personal and property damages.

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219. Defendants' conduct was so reckless as to demonstrate a

substantial lack of concern for whether injury would result to Plaintiffs or the

Class.

220.

Third Cause of Action (Negligence)
Plaintiffs incorporate and re-allege each allegation set forth in the

preceding paragraphs of this Complaint.

221. Defendants owed Plaintiffs and the putative class a duty to exercise

reasonable care.

222. Defendants, individually and collectively, breached their duty of

reasonable care by allowing contaminants to be released into the drinking water of

the City of Flint, including but not limited to lead.

223. Upon learning of the release of the contaminants, Defendants owed

Plaintiffs and the Class a duty to act reasonably to remediate, contain, and

eliminate the contamination before it injured Plaintiffs, the Class and their property

and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their

property.

224. Defendants breached that duty by failing to act reasonably in

providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to

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take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
225. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint's drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members.
226. As a result of Defendants' breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants' negligence for many years into the future.
227. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
228. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
229. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and
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Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN and Veolia's negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
230. As a direct and proximate result of Defendants' negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
Fourth Cause of Action (Intentional Infliction of Emotional Distress) 231. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 232. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs and the Class serious emotional distress. Defendants' outrageous conduct in causing, prolonging, and obscuring Plaintiffs' exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that Plaintiffs' distress was certain, or substantially certain to result from their conduct,
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or Defendants acted in deliberate disregard of a high degree of probability that the

Plaintiffs and the putative class would suffer emotional distress as a result.

233. Defendants' outrageous conduct caused severe distress to Plaintiffs

and the Class and was the proximate cause of Plaintiffs' injuries.

234. As such, Defendants breached their duty to exercise reasonable

care towards Plaintiffs and the Class.

235. Plaintiffs and the Class suffered serious emotional distress as a

direct and foreseeable result of Defendants' conduct.

Fifth Cause of Action

(ISfegligent Infliction of Emotional Distress - All Defendants

236. Plaintiffs incorporate and re-allege each allegation set forth in the

preceding paragraphs of this Complaint.

237. Defendants owed Plaintiffs and the putative class a duty to exercise

reasonable care.

238.

As alleged herein, Defendants failed to exercise reasonable care

which had the direct and foreseeable result of causing Plaintiffs and the Class

severe emotional distress.

239.

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240.

Sixth Cause of Action (Unjust Enrichment) Plaintiffs incorporate and re-allege each allegation set forth in the

preceding paragraphs of this Complaint.

241. Plaintiffs and the Class were sold toxic drinking water that was

unfit for human consumption instead of receiving clean, safe drinking water, as

promised.

242. LAN and Veolia unjustly received compensation for providing

engineering services that did not satisfy their duties of professional responsibility.

243.. Accordingly, the LAN and Veolia Defendants should be ordered to

disgorge their unjustly retained benefits.

VI. DEMAND FOR A JURY TRIAL

244. Pursuant to Michigan Court Rule 2.508, Plaintiffs demand a jury

trial as to all issues triable by a jury.

VII. PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray as follows:

A. That the Court detennine that this action may be maintained as a class

action under Michigan Court Rule 3.501.

B. That judgment be entered for Plaintiffs and Class members against

Defendants for personal and property damages sustained as a direct and proximate

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cause of Defendants' conduct as well as any punitive damages or disgorgement monies owed to Plaintiffs and the Glass.
C. That Plaintiffs and the Class recover pre-judgment and post-judgment interest as permitted by law.
D. That Plaintiffs and the Class recover their costs of the suit, including attorneys' fees, as provided by law.
For such other and further relief as is just and proper under the circumstances.

July 6, 2016
Kit A. Pierson (P38501) Joseph M. Sellers Emmy L. Levens Robert W. Cobbs COHEN MILSTEIN SELLERS & TOLL PLLC 1100 New York Ave., N.W., Suite 500 Washington, D.C. 20005 (202) 408-4600 Telephone (202) 408-4699 Facsimile kpierson@cohenmilstem.com jsellers@cohenmilstein.com elevens@cohenmilstem.com rcobbs@cohenmilstein.com
Theodore J. Leopold COHEN MILSTEIN SELLERS & TOLLPLLC 2925 PGA Boulevard, Suite 220

Respectfully submitted,
/s/David J Shea David J. Shea (P41399) SHEA AIELLO, PLLC 26100 American Drive, 2nd Floor Southfield, MI 48034 (248) 354-0224 Telephone d,avid.shea@sadplaw.com
Bradford M. Berry Khyla D. Craine Anson C. Asaka NAACP 4805 Mt Hope Dr. Baltimore, MD 21215 (410) 580-5777 Telephone bberry@naacpnet.org kcraine@naacpnet.org aasaka@naacpnet.org
Stephen Morrissey Jordon Connors
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Palm Beach Gardens, FL 33410 (561) 515-1400 Telephone (561) 515-1401 Facsimile tleopold@cohenmilstem.com
Vineet Bhatia Shawn Raymond SUSMAN GODFREY, L.L.P. 1000 Louisiana Street, Suite 5100 Houston, TX 77002 (713) 651-3666 Telephone (713) 654-6666 Facsimile vbhatia@susmangodfrey.com sraymond@susxnangodfrey.com
Cirilo Martinez (P65074) Law Office of Cirilo Martinez, PLLC 3010 Lovers Lane Kalamazoo, MI 49001 (269) 342-1112 Telephone (888) 813-0122 Facsimile martinez__cirilo@hotmail.com
Hunter Shkolnik Paul J. Napoli NAPOLI SHKOLNIK PLLC 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 Telephone (646) 843-7603 Facsimile hunter@napolilaw.com pnapoli@napolilaw.com

SUSMAN GODFREY, L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 (206) 516-3880 Telephone (206) 516-3883 Facsimile smorrissey@susmangodfrey.com jconnors@susmangodfrey.com Kathryn P. Hoek SUSMAN GODFREY, L.L.P. 1901 Avenue of the Stars Suite 950 Los Angeles, CA 90067 (310)789-3100 Telephone (310) 789-3150 Facsimile khoek@susmangodfrey.com
Attorneys for Plaintiffs Tiffany Davenport, Merin Johnson,Gregory Miller, and Twylla Walker.

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 Case 5:17-cv-10941-JEL-EAS ECF No. 1 filed 03/26/17 PageID.1 Page 1 of 64

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

CHANTAL TRAVIS, individually and as next friend and mother of J.T., Y.T., and D.T., minor children; RENEE ANDERSON; SHALANDRA GREEN, individually and as next friend and mother of Z.T., minor child; and ALOYSIUS GARROW,
Plaintiffs, v.

DEMAND FOR JURY TRIAL NO. CLASS ACTION COMPLAINT

LOCKWOOD, ANDREWS & NEWNAM, P.C.; LOCKWOOD, ANDREWS & NEWNAM, INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, INC.; VEOLIA NORTH AMERICA, LLC; VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC; VEOLIA ENVIRONNEMENT S.A.,

Defendants.

CLASS ACTION COMPLAINT FOR DAMAGES AND EQUITABLE RELIEF AND DEMAND FOR JURY TRIAL

INTRODUCTION

“No safe blood level in children has been identified. Lead exposure can affect nearly every system in the body.”

National Cancer for Environmental Health, Division of Emergency and Environmental Health Services

Plaintiffs, individually and on behalf of a class of all others similarly situated, bring this

action for damages and injunctive relief and demand a jury trial. Unless stated otherwise, all

allegations contained herein are made on information and belief. In support of their claims,

Plaintiffs allege as follows:

I. NATURE OF THE CASE

1. Plaintiffs seek recovery from Defendants individually and on behalf of the tens of

thousands of Flint residents (the “Class” or “Class Members”) for injuries, damages and losses

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suffered by the Plaintiffs, each of whom suffered injuries as a result of exposure to the introduction of lead from Defendants’ ownership, use, management, supervision, storage, maintenance, disposal and release of highly corrosive water from the Flint River into the drinking water of Flint, Michigan.
2. For nearly five years, the City of Flint has existed in a state of financial emergency pursuant to which the City is controlled by a Governor appointed Emergency Financial Manager. In 2014, in an effort to save money, the Emergency Financial Manager authorized a switch to the Flint River as the City's sole water source.
3. In making this switch, Flint’s Emergency Financial Managers and Flint employees failed to implement a corrosion control protocol as required by the Safe Drinking Water Act and otherwise failed to exercise reasonable care with regard to Flint’s water system. Absent mandatory corrosion controls, the acidic water of the Flint River coursed through unprotected pipes to residents and businesses – leaching lead and other harmful chemicals into the water along the way.
4. Flint engaged and relied upon the professional services and expertise of two engineering firms- Defendants Lockwood, Andrews & Newman, Inc. (LAN) and Veolia North America (Veolia)- to review its water distribution system, ensure compliance with federal and state environmental regulations, and provide expert engineering advice to the City and its Emergency Financial Managers. By taking on this assignment, LAN and Veolia assumed the responsibility to satisfy the standard of a reasonable engineer.
5. In conducting their engineering services, however, LAN's and Veolia's conduct fell well below the standard for a reasonable engineer in several critical respects. First, LAN and Veolia failed to conduct a root cause analysis to determine the cause of Flint's initial water
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problem. Had either LAN or Veolia performed such an analysis, it would have quickly revealed that Flint River water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters, and had caused extensive pipe corrosion and an extreme risk of lead contamination absent the implementation of a plan to prevent such contamination. Moreover, a root cause analysis would have revealed that the City of Flint had not adopted a corrosion control protocol as mandated by the federal Safe Drinking Water Act and related Lead and Copper Rule.
6. LAN and Veolia also ignored a series of red flags that should have led them to suspect corrosion problems in Flint’s water system. LAN and Veolia should have anticipated widespread corrosion problems in light of the switch to a highly saline water source; the ineffectiveness of Flint’s attempts to address coliform bacteria, which would have signaled corroded pipes to any reasonably competent engineer; the summer 2015 outbreak of Legionnaires Disease, which also should have alerted these companies to corrosion problems; and the very color of Flint’s tap water, which was rusty and brown precisely because it was leaching metal from Flint’s pipes. Any of these warnings should have warned LAN and Veolia to a widespread corrosion problem and led these companies to implement effective corrosion controls.
7. Additionally, LAN and Veolia affirmatively recommended that Flint double the ferric chloride in its water. A reasonable professional engineer would have known that ferric chloride is highly acidic and when used without alkaline buffering agents to raise the pH and phosphates or other corrosion control elements to coat the pipes, causes corrosion. This is exactly what happened in Flint's water system.
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8. As a direct and foreseeable result of LAN's and Veolia's recommendations, Flint increased the ferric chloride in its water with grave consequences. The salinity of the Flint River was the metaphorical gasoline in this particular tragedy. The addition of ferric chloride, as recommended by the professional engineers at LAN and Veolia upon whom the City relied, was the match. The added ferric chloride dramatically increased the corrosion of Flint's pipes and, as a direct and foreseeable result, the leaching of various chemicals into Flint's drinking waterincluding lead.
9. Despite failing to fulfill their professional duties in a reasonable manner, both LAN and Veolia deemed Flint's water compliant with governing environmental statutes and regulations. In doing so, LAN and Veolia provided false assurances of safety to Plaintiffs and the Class, further exacerbating the extent of the damage caused by their conduct.
10. All the while – despite public assurances of safety – government offices in Flint quietly switched to bottled water while the citizens and business of Flint continued to drink dangerously contaminated water.
11. Indeed, it was not until a memorandum from an EPA official regarding the frightening existence of lead in Flint’s drinking water was leaked to the American Civil Liberties Union that the government or the Defendants acknowledged the problem.
12. Unfortunately, these acknowledgments came too late. Since the City implemented LAN’s and Veolia’s recommendations, more than 40% of the homes tested revealed lead contamination above the federal threshold. A study from a pediatrician at the Hurley Medical Center showed that elevated blood levels in children had more than doubled following the switch to the Flint River as Flint’s water source
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13. The consequences of lead exposure are both catastrophic and permanent. Lead poisoning can cause serious damage to a child's central and peripheral nervous system, stunt growth, impair hearing, and impair the formation and function of blood cells. The effect of lead poisoning on children's brain development is particularly alarming, causing reduced IQ and serious behavioral problems. While lead's worst effects are borne by children, lead exposure can be seriously harmful to adults as well causing serious cardiac and reproductive problems.
14. Plaintiffs and the Class have sustained substantial personal injuries as a result of Defendants' conduct and the child-members of the Class have additionally suffered lost economic earnings.
15. Plaintiffs and the Class have also suffered significant property damage as a direct result of Defendants' conduct. The acidic and corrosive water that Defendants caused to flow through Flint's pipes and appliances has irreparably damaged residents' and businesses' pipes and appliances. Moreover, the stigma associated with the water crisis has resulted in, and will continue to result in, a reduction in residential and commercial property values in the City of Flint and substantial financial harm to Plaintiffs and the Class. Despite Flint having switched back to its prior water source, corroded pipes and appliances in residents' homes and local commercial properties remain corroded. The only option for Plaintiffs and the Class to truly be safe is to entirely replace their pipes and corroded appliances.
16. Plaintiffs and the Class seek damages and other relief under theories of Professional Negligence, Gross Negligence, Negligence, Intentional and Negligent Infliction of Emotional Distress, and Unjust Enrichment.
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17. Defendants must be held accountable for the harms they caused Plaintiffs and the

Class injury, and Plaintiffs and the Class must be compensated – as far as possible – for the

devastating, irreparable harms they have suffered. That is exactly what this suit seeks to do

18. At critical times including during gestation and their developmental years, the

minor plaintiffs have been exposed to damaging levels of lead.

19. Plaintiffs’ damages and losses include, but are not limited to, physical and

psychological injuries, learning and other permanent disabilities, weight loss, stunted growth,

anemia, headaches, abdominal and other pain, mental anguish, emotional distress, the cost of

medical, educational, and rehabilitation expenses, other expenses of training and assistance, loss

of income and earning capacity, property damage, destruction of water service lines, and

devaluation in property damages.

20. The health effects of lead poisoning are well known. The CDC has noted that:

“No safe blood level in children has been identified. Even low levels in blood have been shown

to affect IQ, ability to pay attention, and academic achievement.” Lead impacts nearly every

organ and system in the human body. Lead causes multitudinous and serious injuries to the

nervous system, which can lead to convulsions, coma and brain death. It causes learning and

behavioral disorders, memory loss, nausea, anemia, hearing loss, fatigue, colic, hypertension,

and myalgia. Moreover, children under the age of 6 years old are more susceptible to the toxic

effects of lead than are adults since the brain and central nervous system are not completely

developed.

II.

THE PARTIES

PLAINTIFFS

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21. Chantal Travis resides with her children, J.T., Y.T. and D.T., at 1348 W. Genesee Avenue, Flint, Michigan 48505. She rents her home, which is serviced by water provided by the City of Flint. J.T., age three as of the date of this Complaint, Y.T., age two, and D.T., age 1 as of the date of this Complaint, tested positive for blood lead contamination in May 2016. Both Travis and her children have suffered damages as a direct and proximate result of Defendants’ conduct described herein.
22. Renee’ Anderson resides at 1510 N. Grand Traverse Street, Flint, Michigan 48503. She rents her apartment, which is serviced by water provided by the City of Flint. She tested positive for blood lead contamination in September 2016. Anderson has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
23. Shalandra Green resides at 2302 Robert T. Longway, Flint, Michigan 48503 with her child Z.T. She rents her home, which is serviced by water provided by the City of Flint. Z.T.. age three as of the date of this Complaint, tested positive for blood lead contamination in October 2015. Both Green and her child have suffered damages as a direct and proximate result of Defendants’ conduct described herein.
24. Aloysius Garrow resides at 1718 Nebraska Avenue, Flint, Michigan 48506. He owns his home, which is serviced by water provided by the City of Flint. He tested positive for blood lead contamination in February 2016, and the water in his home tested positive for lead in February 2016. Garrow has suffered damages as a direct and proximate result of Defendants’ conduct described herein. DEFENDANTS
25. Lockwood, Andrews & Newnam, P.C. (“LAN P.C.”) is a Michigan professional corporation with its principal place of business at 1311 S. Linden Road, Suite B, Flint, Michigan
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48532. At all times relevant hereto, LAN P.C. held itself out to the world as a Lockwood, Andrews & Newnam, Inc. (“LAN Inc.”) company. Upon information and belief, LAN P.C. was incorporated in 2008 by LAN Inc. after it was retained by Defendants to conduct studies and reports of the feasibility of a new water supply for the City of Flint. Upon information and belief, work and services provided by LAN P.C. were conducted at LAN Inc.’s Chicago, Illinois location.
26. LAN Inc. is a Texas corporation with its principal place of business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant times hereto, LAN Inc. conducted business in Genesee County through Defendant LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. is a full-service consulting firm offering planning, engineering and program management services, including civil infrastructure engineering and municipal water treatment and design.
27. Leo A. Daly Company (“LAD”) is a Nebraska corporation with its principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114. LAD is an international architecture/engineering firm, with nearly 800 professionals in 31 offices worldwide and projects in more than 87 countries and all 50 US states. Upon information and belief, LAD is the parent company of LAN Inc. and LAN P.C.
28. Defendants LAN P.C., LAN Inc., and LAD are referred to collectively herein as, “LAN.” The LAN defendants regularly conduct business in Michigan and have committed torts in Michigan, which are bases for personal jurisdiction in this Court under MCL § 600.715.
29. Veolia North America, Inc. (“Veolia N.A. Inc.”) is a Delaware corporation with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
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30. Veolia North America, LLC (“Veolia N.A. LLC”) is a Delaware Limited Liability Company with its principal place of business at 200 E. Randolph Drive, Suite 7900, Chicago, Illinois 60601.
31. Veolia Water North America Operating Services, LLC (“Veolia Water”) is a Delaware Limited Liability Company with its principal place of business at 101 W. Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
32. Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water design and provide water solutions for communities and industries across the country.
33. Veolia Environnement S.A. (“Veolia S.A.”) is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia S.A. is a leading global provider of environmental management services, which include the supply of water, the treatment and recovery of municipal or industrial effluent, waste collection, processing and recycling, the supply of heating and cooling services and the optimization of industrial processes. Upon information and belief, Veolia S.A. is the parent corporation of Veolia N.A. Inc., Veolia N.A. LLC, and Veolia Water.
34. Defendants Veolia N.A. Inc., Veolia N.A. LLC, Veolia Water, and Veolia S.A., are referred to collectively herein as “Veolia.” Veolia defendants regularly conduct business in Michigan and have committed torts in Michigan, which are among the bases for personal jurisdiction in this Court. II. JURISDICTION AND VENUE
34. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1332 (a)(1) and (d)(2) in that this action seeks monetary relief in excess of $5,000,000, exclusive of interest, costs and attorney's fees and is between citizens of different States.
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35. Venue is proper in this Court because Plaintiffs’ and Class Members’ claims arose in this judicial district, in Flint, Genesee County, pursuant to 28 U.S.C. §§ 102, 1391(b). IV. FACTUAL ALLEGATIONS
A. THE CITY OF FLINT AND ITS RESIDENTS 36. The City of Flint, Michigan is located along the Flint River, approximately 60 miles northwest of Detroit. Flint sits in Genesee County and is the largest city in the county. According to the 2015 Census, Flint is home to 99,002 residents, 27.3% (approximately 27,000) of whom are under 18 years of age and 8% (approximately 8,000) of whom are under 5 years of age. More than half of Flint’s residents are African American. There are more than 50,000 housing units in Flint, Michigan and approximately 55% of those units are owner-occupied. 37. Like the residents of any American city, residents of Flint rely on a steady supply of safe and clean water to go about their daily lives. Flint also has thousands of commercial and other non-residential properties whose owners rely upon clean and safe water. 38. Flint’s relative prosperity has paralleled that of the American automotive industry, growing exponentially during the first half of the twentieth century but experiencing catastrophic downturns in the last forty years as domestic car companies shuttered some plants and moved others. Flint’s fate has been particularly tied that of its largest employer, General Motors. When General Motors downsized in the 1980s, closing facilities and laying off workers, Flint similarly witnessed substantial economic turmoil that continues to date. 39. According to the most recent Census, 41.6% of Flint’s citizens – Plaintiffs here – live at or below the poverty level. The median household income in Flint is just $24,679 – 7% lower than the median income in Michigan and 54% lower than the national median income.
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40. In 2011, Flint’s finances reached a critical place: an audit estimated a $25 million deficit overall and Flint’s water supply fund showed a $9 million deficit. In 2011, Governor Snyder declared Flint to be in a financial emergency and the City entered receivership, with responsibility for governance of the City and operation of its utilities and other services, including its water supply, under the direction of Emergency City Governors who were appointed by the Governor and employed by the State.
41. Governor Snyder appointed Michael Brown as the Emergency Financial Manager in Flint effective December 1, 2011. The democratically elected offices of Flint were subordinate to Brown. According to state Congressman Dan Kildee, Brown was appointed to “simply do one thing and one thing only, and that’s cut the budget – at any cost.”
B. THE CITY SWITCHES WATER SOURCES 42. Many decades ago, the City of Flint drew its water from the Flint River. This changed in 1967 when the City began purchasing its water through the Detroit Water and Sewerage Department (“DWSD”) as its principal water supply, with the Flint River serving as a backup source in the event of water shortage or interruption of service from the principal source.
43. As part of its receivership, Flint began exploring ways to decrease costs associated with its water and sewer system. Water and sewer costs were the single largest expenditures in Flint’s budget, rendering them obvious targets for cuts to address Flint’s financial crisis. According to a September 2011 report by Rowe Professional Services, Flint could save money if it purchased its water from Karegnondi Water Authority (“KWA”) rather than the Detroit Water and Sewerage Department. However, because the KWA would require substantial new construction work, an immediate switch away from DWSD water would require
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Flint to reopen its shuttered municipal water treatment plant, which sourced its water from the Flint River.
44. In August 2012, Governor Snyder appointed Edward Kurtz as Flint’s new Emergency Manager. Four months later, Michigan Treasury officials met with Flint leaders to discuss alternative sources for Flint’s drinking water, including the Flint River. The officials agreed to study two potential options for water sources: remaining with the Detroit Water and Sewer Department or switching to Genesee County’s KWA.
45. In February 2013, Tucker, Young, Jackson & Tull, Inc. (“TYJT”), an engineering consulting firm retained by the State of Michigan, issued a report assessing the water supply alternatives for the City of Flint. According to its report, TYJT was retained “to provide an analysis of the water supply options to assist the Treasurer [of the State of Michigan] to provide an analysis of the water supply options to assist the Treasurer in determining any potential risk and the best course going forward for supplying potable water to the City of Flint.”
46. The TYJT assessment concluded that the cost of continuing to obtain water from Detroit likely would be lower than the costs of transitioning to the proposed KWA treatment plant. However, the report also noted that Flint had an interest in obtaining water “autonomy” vis-à-vis Detroit, and that transitioning to the KWA would serve that interest. The TYJT report did not discuss health and safety issues related to the transitional period during which Flint would source its water from the Flint River. Instead, the assessment in the report included only a discussion of financial considerations associated with the transition to the KWA, as well as the so-called “autonomy” interest that ultimately overrode the relatively cost effective alternative of remaining with the Detroit water supply.
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47. On March 25, 2013, the Flint City Council voted to join KWA. The vote had no legal effect because, due to the receivership, the Emergency Manager had sole authority to authorize such a change.
48. The day after the City Council’s vote, on March 26, 2013, Stephen Busch, the District Supervisor of the Michigan Department of Environmental Quality (“MDEQ”) emailed Daniel Wyant, the director of MDEQ regarding the proposal to rely on the Flint River for Flint’s water. In that email, Busch outlined concerns regarding the health risks posed by switching to the Flint River as a water source. Specifically, he noted that use of the Flint River would, “[p]ose an increased microbial risk to public health,” and “[p]ose an increased risk of disinfection byproduct.” Despite this feedback, Wyant wrote Andy Dillon, Michigan’s Treasurer, to report that “[a]ll indications are that we are supportive” of joining KWA and using Flint’s water as opposed to the DWSD.
49. Three days after Busch outlined his concerns, Emergency Manager Kurtz signed a resolution authorizing Flint to enter a contract with KWA. Treasurer Dillon approved that decision in April, 2013. In doing so, Dillion expressly noted that he was relying in part on the MDEQ’s support of the project as well as Emergency Manager Kurtz’s “representations that this deal will lead to substantial savings for the City over the coming decades.”
50. In or around June 2013, Emergency Manager Kurtz hired LAN to advise the City with respect to using the Flint River as the City’s water source during the construction of the new KWA treatment plant, which was projected to take approximately two years. LAN had previously advised the City regarding the design of an upgrade to the Flint Water Plant. In a January 13, 2015 document entitled “Water System Questions and Answers,” the City assured
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citizens that “with support from LAN engineering which works with several water systems around the state, quality control could be addressed.”
51. In deciding to proceed with the transition to the Flint River, the City of Flint noted LAN’s “extensive experience in this field,” and relied upon LAN’s identification of the “engineering, procurement, and construction needs” for the project.” Although the City recognized that water from the Flint River “would be more difficult to treat,” the City concluded, based on LAN’s recommendations, that the Flint River was “viable as a source” of the City’s water. See City of Flint, Water System Questions & Answers (Jan. 13, 2015), available at http://mediad.publicbroadcasting.net/p/michigan/files/201512/CoF-Water-System-FAQ-1-162015.pdf. LAN continued to advise the City with respect to its transition to the Flint River through 2015, and ultimately was paid more than $3.8 million for its engineering services. City officials, including then-Mayor Walling, relied upon LAN’s advice in pronouncing the City’s water to be safe.
52. In October 2013 Darnell Earley stepped in as the Emergency Manager for Flint. Emergency Manager Earley rejected an offer by DWSD to continue purchasing water from Detroit until the KWA pipeline could be completed and the City prepared to switch to the Flint River in April 2014.
53. On April 9, 2014, the City received the necessary permits from MDEQ to draw Flint River water for distribution as the supply source for its water distribution system during the multi-year transition to the new KWA facility.
54. Despite receiving these permits, the water system was not ready to become operational. An email from Flint’s Laboratory & Water Quality Supervisor, Michael Glasgow, on April 14, 2014 read:
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I have people above me making plans to distribute water ASAP . . . . I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon . . . . If water is distributed from this plant in the next couple weeks, it will be against my direction. . . . I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda. 55. Glasgow’s fears were well founded. The Flint water system was not prepared for the switch to Flint River water. The Flint River, it turned out, was contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The level of chlorides in the Flint River was eight times the levels provided in DWSD water. Chlorides are highly corrosive, and must be neutralized with anticorrosive agents before entering public water systems. 56. Eleven days after this email was sent, on April 25, 2014, Flint’s water system officially switched to the Flint River without implementing a necessary corrosion control protocol or otherwise addressing the concerns raised in Glasgow’s email. C. USE OF FLINT RIVER WATER IMMEDIATELY CAUSES SERIOUS
PROBLEMS INCLUDING BACTERIA GROWTH AND BUILDUP OF DANGEROUS CHEMICALS 57. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water. 58. Despite these complaints, then-Mayor Dwane Walling called the water a “safe, quality product,” and claimed that “people are wasting their precious money buying bottled water.” 59. His assurances of safety provided little comfort to residents who began to report that the water was making them ill. These concerns proved accurate when, on August 14, 2014, Flint’s water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response.
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60. To address the bacteria problem, the City treated the water with additional chlorine. However, as has been well known for decades, in corroded pipes chlorine preferentially reacts with the bare metal, instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply is thus ineffective in treating bacteria.
61. The use of chlorine to disinfect water produces various disinfection byproducts, including trihalomethanes (often referred to as Total Trihalomethanes or “TTHM”). In the presence of bare pipes not protected by a corrosion control protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless. High dosages pose serious health risks, however. For this reason, the U.S. Environmental Protection Agency (“EPA”) and various state agencies regulate TTHM levels.
62. Almost immediately following Flint’s bacterial problems, it became apparent that Flint’s TTHM levels were alarmingly high. This should have been a red flag. It is well known in the scientific community that high TTHM levels can be a symptom of unprotected and corroding pipes.
63. According to the World Health Organization: Chlorine . . . . acts as a potent oxidizing agent and often dissipates in side reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing agents (hydrogen sulfide [H2S], manganese(II), iron(II), sulfite [SO32–], Br–, iodide [I–], nitrite). From the point of view of DBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may be fast and result in the consumption of chlorine. (emphasis added). 64. That is exactly what happened in Flint’s water distribution system. To Flint, it seemed that the initial dosages of chlorine were not effective in treating bacteria, so they added more chlorine. Unfortunately, the problem was not that the dosage of chlorine was too low to
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treat the bacteria; rather, the chlorine was preferentially reacting with the bare pipes instead of solely attacking the bacteria. The pipes were bare because the Flint River’s corrosive water had stripped away the pipes’ protective coating. Now Flint had a second problem: the excess chlorine generated high levels of TTHM. On December 16, 2014, Flint’s water tests revealed TTHM levels in excess of federal limits.
65. Soon thereafter on December 31, 2014, the first round of lead monitoring results showed 90th percentile lead level result of 6 parts per billion with two samples above action levels for lead (15 parts per billion). Importantly, however, these samples were not necessarily drawn from the highest risk homes as required by various environmental regulations.
66. No one notified the public of these initial test results. However, on January 12, 2015, in response to water quality concerns, the state installed water coolers in state offices in Flint and gave state employees the option to use bottled water and provide bottled water to visitors. Unfortunately, the people of Flint were not given these options, resources, or information.
D. CONCERNS REGARDING FLINT’S WATER MULTIPLY EXPONENTIALLY AS MICHIGAN EXPERIENCES AN OUTBREAK OF LEGIONNAIRES DISEASE AND INITIAL LEAD CONCERNS EMERGE
67. As City and State officials were beginning to assess the extent of Flint’s TTHM problems, another problem emerged in the summer of 2014 – the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires’ disease.
68. Legionnaires’ disease, or legionellosis, is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the mortality rate rises to 80%. Infection in humans occurs when water droplets contaminated with Legionella bacteria are inhaled or when water containing Legionella enters the trachea. Legionella has been extensively studied and the conditions for likely outbreaks of the disease are well understood.
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69. The Legionnaire’s outbreak should have clued City officials and engineers to a corrosion problem in Flint’s pipes. According to a briefing statement prepared by MDEQ and sent to Governor Snyder:
Most of the city’s 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall. (emphasis added). 70. In addition to a rise in the reported incidence of Legionnaires’ disease, MDHHS first noted another potential problem related to Flint’s water in September 2014. According to an internal memo not circulated to the public until much later, MDHHS warned that lead poisoning rates “were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014.” 71. Despite this knowledge, the City took no steps to address its corrosion control problems. To the contrary, officials took affirmative steps to avoid publicly recognizing the role of corrosion in Flint’s water problems. 72. On October 13, 2014, General Motors announced that it would stop using water from the Flint River at its engineering plant due to fears that it would cause corrosion. In response, MDEQ’s Michael Prysby wrote to Stephen Busch and others that the Flint River water had elevated chloride levels. He stated that “although not optimal[,]” the water was “satisfactory.” He noted that he had “stressed the importance of not branding Flint’s water as ‘corrosive’ from a public health standpoint simply because it does not meet a manufacturing facility’s limit for production.”
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73. Despite the MDEQ’s report that Flint’s water tests revealed TTHM levels in excess of federal law, on January 6, 2015, Flint’s former mayor, Dayne Walling, told Flint’s residents the water was safe, assuring them that his family used it.
74. Three days later, on January 9, 2015, University of Michigan-Flint water tests revealed high lead levels in two locations on campus, causing the university to turn off certain water fountains.
75. Despite the well-known problems with bacteria and TTHMs and the slowly emerging concerns regarding lead contamination and Legionnaires’ disease, Emergency Manager Earley rejected pleas by City Council members to stop using Flint River water and return to DWSD. Earley stated it would be too expensive to switch back to DWSD as Flint’s water source; however, some reports indicate that Earley rejected an offer from DWSD to waive the $4 million reconnection fee if Flint wished to switch back to Detroit water.
76. Instead of switching back to the DWSD, additional assurances of the water’s safety were relayed to residents. On January 13, 2014, Flint’s Department of Public Works published a letter regarding Flint’s water and the City’s response. The letter assured concerned citizens that the City was taking steps to address the bacteria and TTHM problems with Flint’s water. Critically absent from this letter were any warnings related to lead exposure or the presence of Legionella contamination.
77. A recent scientific study found lingering traces of Legionella in Flint’s water supply. Even after switching Flint’s water back to the DWSD, researchers were able to culture Legionella bacteria from sample sites in Flint. According to Dr. Otto Schwake, a postdoctoral fellow at Virginia Tech University, the corrosion of Flint’s pipes may have left them “permanently more conducive to Legionella.”
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E. LAN AND VEOLIA – RETAINED TO RENDER FLINT’S WATER SAFE – DO JUST THE OPPOSITE, WORSENING FLINT’S CORROSION AND LEAD PROBLEMS

78. In the midst of growing concerns about the safety of its water, Flint engaged two

engineering companies to provide their professional opinion regarding the necessary changes to

render the water compliant with state and federal laws.

79. First, the City engaged LAN. LAN had previously advised the City in connection

with an upgrade to the Flint Water Plant and was not required to submit a bid for the new job.

Rather, its services were retained by resolution. On June 26, 2013, it was resolved by Emergency

Manager Kurtz, that the City would “enter into a Professional Engineering Services contract with

Lockwood, Andrews & Newnam, Inc. for the administration of placing the Flint Water Plant into

operation using the Flint River as a primary drinking water source at a cost of $171,000.00.” In

addition to Kurtz’s signature, the resolution was also approved by Peter M. Bade, the Chief

Legal Officer, and Gerald Ambrose, who was acting as the Finance Director at the time.

80.

Initially, the City hired LAN to complete an “Operational Evaluation

Report” (“OER”) in conformance with EPA guidelines with the goal to determine the cause(s) of

high levels of TTHM and evaluate possible solutions.” The EPA’s guidelines for completing an

OER include examining whether there has been a change in water source or quality which

includes an examination into the pH of the water. Additionally, the guidelines require an

examination into whether there has been any change in chemical applications including changing

dosage or chemicals.

81.

The scope of LAN’s assignment expanded over time and LAN ultimately

was paid approximately $3.8 million for work it performed in connection with the Flint water

system between 2013 and 2015. As recently as November 2015, LAN was retained pursuant to a

$907,000 “add-on” to its existing contract to advise the City regarding the transition to the new 20

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KWA plant. Throughout the relevant time period, City officials relied on LAN to use its professional expertise to properly advise them on how to maintain the safety, quality and reliability of the City’s water supply.
82. In addition to its reliance upon the professional services provided by LAN, Flint also issued an Invitation to Bid for Professional Water Consultant Engineering Services. The City sought to engage an engineering company with a broad scope of work to “review and evaluate the water treatment process and distribution system, provide recommendations to maintain compliance with both state and federal agencies, and assist in implementing accepted recommendations.” The Invitation to Bid further specified that the engineering firm would be asked to provide an “[e]valuation of the City’s processes and procedures to maintain and improve water quality,” and a “[r]eport that outlines recommendations that will improve the water treatment and distribution system.” Despite the extensive nature of the services requested, the price of Veolia’s bid was only $40,000. No other firm submitted a bid.
83. The City engaged Veolia’s services. On February 10, 2015, Veolia and the City issued a joint press release to the community at large, indicating that Veolia was an “urban water expert” in “handling challenging river water sources” and that it would essentially be evaluating all of the City’s water treatment processes.
84. The press release contained no limitation on Veolia’s scope of work. David Gadis, the Vice President of Veolia North America’s Municipal & Commercial Business stated, “We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint.” He continued, “We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water.” Based on these
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representations, the people of Flint had every reason to rely on Veolia’s subsequent representations of safety.
85. LAN’s and Veolia’s performance of their professional duties fell far short of the appropriate standard of care that would have been employed by an engineer of ordinary learning, judgment, and skill. Specifically, LAN’s and Veolia’s professional negligence took two forms: (1) a failure to conduct a root-cause analysis that would have identified the need for corrosion control, and (2) the recommendation to add ferric chloride which rapidly increased the rate of corrosion in Flint and, correspondingly, the amount of lead that leached into Flint’s drinking water.
1. LAN and Veolia Fail to Conduct a Proper Root Cause Analysis or Recommend Corrosion Control.
86. Both LAN and Veolia were hired to ensure Flint’s water system was compliant with federal and state environmental statutes after tests revealed TTHM concentrations in excess of federal limits. In February 2015, LAN issued its report “Trihalomethane Formation Concern,” and on March 12, 2015, Veolia issued its report, “Flint Michigan Water Quality Report.” Critically absent from either report was a root cause analysis identifying corrosion as a cause of Flint’s high TTHM levels. LAN’s and Veolia’s failure to perform a root cause analysis constituted professional negligence.
87. A root cause analysis is a process designed for use in investigating and categorizing the root causes of events with safety, health, environmental, quality, reliability, and production impacts. The purpose of a root cause analysis is to identify why a given event occurred in addition to describing what occurred. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event.
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88. Providing engineering recommendations for addressing an event (such as high TTHM levels) without performing a proper root cause analysis to understand why the event occurred is the equivalent of a doctor performing heart surgery after a patient complains of chest pains – certainly surgery may be necessary to address the underlying cause of the patient’s chest pains, but one cannot know without investigating the cause of the patient’s symptoms.
89. LAN and Veolia should have done a proper root cause analysis to determine the cause of the high TTHM concentrations, but they negligently did not. Had they done so, LAN and Veolia would have discovered that the Flint River, like many urban rivers, was highly contaminated with salt from road de-icing operations that was likely corroding Flint’s pipes. Salt is composed of sodium and chloride. Chloride is known to be very corrosive to iron pipes. Having identified the root cause, they would have prompted the City to address the root issue – a course of action which would have prevented almost all of the tragic consequences that actually followed. Instead, both LAN and Veolia myopically focused on what they believed to be the sole cause of TTHM – poor disinfection effectiveness.
90. LAN’s and Veolia’s failure to conduct a root cause analysis recognizing the corrosion’s role in Flint’s water problems is truly inexplicable. Indeed, several characteristics of Flint’s water system and related problems should have placed LAN and Veolia on high alert that pipe corrosion was a likely cause. The most rudimentary analysis would have confirmed this. LAN and Veolia ignored several red flags that should have alerted them to the extensive corrosion and pH problems with Flint’s water system.
91. For example, it should have been obvious to LAN and Veolia – as professed experts on water quality and treatment issues – that a small river in an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations
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during many Michigan winters. It is well known that chloride concentrations in northern U.S. rivers have increased dramatically over time with average concentrations approximately doubling between 1990 and 2011. This phenomenon is particularly evident in cold, urban settings, such as Flint, Michigan, where there are both significant snowfalls and dense roadways requiring de-icing. Chloride contamination should have been obvious to water-engineering specialists such as LAN and Veolia given these characteristics.
92. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey (“USGS”), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. See City of Flint, City of Flint 2014 Annual Water Quality Report at 2 (2014), https://www.cityofflint.com/wp-content/uploads/CCR-2014.pdf.
93. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint’s prior water source, would have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight times more chloride than the DWSD-supplied water.
94. The Flint River water also had an extremely high chloride-to-sulfate mass ratio (“CSMR”) of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-to-sulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint’s CSMR posed serious corrosion risks.
95. The City’s inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often
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caused by heavily corroded piping. According to a study published by the EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine was caused by corroded pipes. Flint’s inability to treat E. coli with chlorine – and the resulting TTHM problem – should have placed LAN and Veolia on notice that Flint’s pipes were corroding and releasing lead and other materials into the drinking water supply.
96. The uptick in reported cases of Legionnaires’ disease, reported during a press conference prior to LAN’s and Veolia’s retention, should have similarly put LAN and Veolia on notice that Flint’s water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires’ disease, grows on the film on the inside of pipes and is found in potable water. Legionella can exist in water distribution systems, including homes, hospitals, hotels, and any other building supplied with water. Legionella is transmitted into the air by plumbing equipment such as faucets, showerheads, hot water tanks, humidifiers, respiratory therapy equipment, and whirlpool baths where it is then inhaled, resulting in infection.
97. One of the most common causes of Legionnaires’ disease is exposure to impacted potable water. While Legionella is found widely throughout the environment, it is fairly rare that an outbreak occurs. Outbreaks are related to environmental factors, not person-to-person exposure. Flint’s outbreak of Legionnaires Disease indicated the presence of Legionella bacteria in Flint’s pipes and, relatedly, the likely presence of pipe corrosion.
98. Legionella exhibits several properties that allow them to persist in extreme environmental conditions such as low and high temperatures, presence of disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are in warm water between 35° and 46° Celsius (C) (95°–114.8° Fahrenheit (F)). These environmental conditions promote and protect Legionella growth due to the association between Legionella and biofilms, as well as their
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symbiotic and parasitic interactions with other microorganisms. They are also ideal conditions for pipe corrosion.
99. Legionnaires’ disease is associated with biofilms and corrosion in piping systems, and water with a pH in the range of 5.0 to 8.5. All of these conditions were present in the Flint water supply, yet neither LAN nor Veolia made any recommendations to treat the water to prevent or abate an outbreak. LAN and Veolia should have known that the outbreak of Legionnaires’ disease was related to corroding pipes, and should have recommended steps to abate the corroded pipe and conditions causing corrosion.
100. Moreover, in constructing and maintaining drinking water systems, operational and procedural efforts must be taken to prevent the growth of Legionella, including an assessment of the quality of the source water and the installation, operation, and maintenance of systems to protect the installations from sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
101. Finally, just the color of Flint’s water should have led any reasonable engineer to the conclusion that Flint’s pipes were dangerously corroded. The source of Flint’s water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint’s water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
102. Had LAN and Veolia conducted a proper root cause analysis, or even simply paid attention to any of the myriad warning signs presented to them, they would have been alerted to the significant corrosion problem and the lack of a proper corrosion control protocol.
103. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into
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the drinking water supply. As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: “Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem. . . Lead corrosion products observed on lead pipes include lead(II) carbonates and phosphates and, more recently, lead(IV) oxide (PbO2(s)). Solubility and dissolution rates of corrosion products are affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual.”
104. To address systems such as Flint’s that still incorporate lead pipes, the federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water motivated the passage of the Lead and Copper Rule (“LCR”) in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
105. Flint’s lack of a corrosion control protocol constituted a clear violation of the EPA’s Lead and Copper Rule. Given this violation, Veolia’s conclusion in its March 12, 2015 report that its “review of water quality records for the time period under our study indicates compliance with State and Federal water regulations” was clearly false.
106. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia’s report states, “The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water.” The report
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explains that, “Polyphosphate addition will not make discolored water issues go away.” Thus, rather than recognizing that corrosion control was required to render Flint’s water system compliant with federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not have a corrosion control protocol and undermined the importance of installing one by stating that it was unlikely to be effective in addressing discoloration (without the slightest mention of the urgent need to implement this to address the severe lead contamination in the water). Even Veolia’s suggested dosage, 0.5 mg/L was far too low. The City is now adding four to eight times as much phosphate, 2 to 4 mg/L.
107. Veolia knew or should have known that the Flint water system was in violation of federal safe drinking water standards. Its affirmance that Flint was in compliance with federal environmental standards – a false assurance that Flint’s water was safe – wrongly instilled confidence in Flint’s water on behalf of both the City and its residents. As a direct and proximate result, Flint did not take further steps to resolve its water problems and the City’s residents continued to drink the water.
108. LAN, too, knew or should have known that Flint’s water was in violation of federal regulations. It should have immediately alerted Flint and its citizens to the corrosive blight eating away at Flint’s pipes and poisoning its residents; instead, it produced a bland report that implicitly endorsed Flint’s policy of neglect.
109. “Lead has been a challenge and a bane for water suppliers since historical times. . . . The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births.” Dr. Colin Hayes et al.,
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Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 2010) (hereinafter, “IWA Guide”).
110. LAN and Veolia should have quickly realized that the pipes were corroding and releasing lead and other elements into Flint’s water, and that the corrosive water was coursing through resident’s homes and businesses. LAN and Veolia negligently failed to make these basic observations and, as a direct and proximate result, pipes throughout Flint corroded. Had LAN and Veolia conducted any proper root cause analysis, they would have known that corrosion was causing Flint’s TTHM levels as well as a related lead problem. Their failure to conduct the proper analysis constituted professional negligence.
2. LAN and Veolia Recommend Adding Ferric Chloride to Flint’s Water.
111. Not only did LAN and Veolia fail to conduct any proper root cause analysis, they affirmatively made Flint’s corrosion problem worse by recommending the addition of ferric chloride – a very potent, corrosive acid – without the addition of an alkaline buffer to raise the pH. This exacerbated the problems with Flint’s water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
112. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out of the water at the treatment plant. Ferric chloride is highly acidic and corrosive and, if unbuffered by an alkaline substance, will attack the pipes throughout the distribution system causing lead and other materials from the pipes to be released into the drinking water. Accordingly, it is universally agreed that to reduce corrosion, some form of phosphate or other corrosion control must be added to coat the pipes. This industry practice applies to minimizing the impact of ferric chloride, and indeed, chloride from other sources (e.g.,
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the Flint River). And, as discussed above, the requirement to add a corrosion control is mandated by the Federal Safe Drinking Water Act.
113. Veolia’s March 2015 report states that prior to arriving at its conclusions, Veolia undertook “laboratory testing” and concluded that, “[c]urrent ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended.” Veolia acknowledged that its recommended increase was significant: “This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year.”
114. Specifically, Veolia’s report states: Increase of Ferric Chloride – Four coagulants were tested by Veolia -ferric chloride, ferric sulfate, polyaluminum chloride (PACl) and aluminum chlorohydrate (ACH). Ferric chloride and ACH were found to be the best choice of product for effectiveness in removing TOC, a precursor to TTHM formation. Current ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended. Again, please note, that the amount of chemical needed changes with the nature of the river and as such, water must be tested multiple times a day with corresponding changes in chemical dosages. This increase to 100 mg/L is twice what is currently being fed and much higher than what had previously been fed last year. The increase in chemical costs could be up to $1,000,000 per year. This change in dosage (using ferric chloride) can be made immediately without state permit review. (emphasis added.)
115. At the same time that Veolia gave the unqualified opinion that the current dosage is “too low,” and should be doubled, Veolia knew that the City had no corrosion control protocol and knew (or should have known) that corrosion was already a significant problem in Flint. Veolia’s directive that the City double its dosage of ferric chloride was unqualified and in no way warned that ferric chloride could increase corrosion. Moreover, Veolia failed to inform the City that in order to increase the dosage of ferric chloride (or indeed to use any chloride at all) it must also raise the water’s pH and use phosphate to protect the pipes from corrosion.
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116. In August, 2015, LAN made the same recommendation to increase the dose of
ferric chloride:
Increasing the dose rate of ferric chloride is an operational change that can easily be implemented without the need for any additional equipment. Test results show that over 40% THMFP removal can be obtained with a dosage of 60 mg/L Fe3+ or higher. Increased dosing of ferric chloride would be most ideal coupled with regular raw water TOC monitoring so that TOC levels would dictate the appropriate ferric chloride feed rate.
117. LAN and Veolia should have told the City that the addition of phosphate and a pH
buffer was mandatory to prevent the leaching of lead from pipes – especially if the ferric
chloride concentration was increased. No such recommendation was made.
118. As a direct and foreseeable result of LAN’s and Veolia’s recommendations, Flint
increased the ferric chloride dosage without adding corrosion controls.
119. The ferric chloride added to Flint’s water system at LAN’s and Veolia’s
suggestion caused substantially greater amounts of lead to leach into Flint’s water supply.
120. The impact of acid on metal, which would include the pipes and appliances in
Flint, is well known to water experts. As indicated by the Centers for Disease Control and
Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . . Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. . . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.
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Centers for Disease Control and Prevention, Fluoridation of Drinking Water and

Corrosion

of

Pipes

in

Distribution

Systems

Fact

Sheet,

http://www.cdc.gov/fluoridation/factsheets/engineering/corrosion.htm (last updated July 10,

2013).

121. A graph prepared by the Flint Water Study Group from Virginia Tech University

shows that the pH of Flint’s water distribution system became more acidic after the Veolia

Report was issued in March, even as the pH in the Flint River became less acidic:

122. The graph above shows that the Flint River had a pH at or above 8.0 S.U. for all of 2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint’s municipal water supply started dropping steadily from 7.9 S.U. in March (just after Veolia made its recommendation to double the ferric chloride concentration) to 7.3 S.U. in August. This difference is significant. pH is measured on a logarithmic scale, which means that a pH of one whole number, such as 7.0 S.U., is ten times more corrosive than a pH of another whole number, such as 8.0 S.U. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint’s water.
123. The graph above is punctuated with quotes from emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint’s drinking water.
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124. On June 24, 2015, the EPA reached a similar conclusion about the City’s addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network.
Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added).
125. The corrosivity of ferric chloride is well known. Ferric chloride is highly acidic, and has a pH < 1, which is equivalent to battery acid. See James DeWolfe, Guidance Manual for Coagulant Changeover at 52, (AWWA Research Foundation, 2003).
126. The method for addressing the impact of ferric chloride is also well known. Because ferric chloride lowers the drinking water pH to corrosive levels, the standard procedure is to raise the pH to the neutral or even alkali ranges. “The water quality parameters that can impact the corrosion of distribution system and domestic piping systems include pH, alkalinity, TOC, aluminum, sulfate, chloride, hardness, oxygen levels, and disinfectant residual. Corrosion of lead and copper pipes has been described by various researchers. . . ” EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999) (hereinafter, “EPA Guidance”).
127. The EPA has further explained that, “[c]ontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or enhanced softening is implemented.” Id.
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128. This is true because, “[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation.” Id.
129. “Enhanced coagulation and enhanced softening may change the chemistry of the water entering the distribution system. Before enhanced coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed. . . . If the recommended mitigation actions represent a major change in corrosion control, the utility can conduct pilotscale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals.” Id.
130. “The vast majority of U.S. utilities were able to comply with [U.S. EPA’ s] lead and copper rule by: 1) pH and alkalinity adjustment, most frequently to the pH range of 9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble PbO3 deposits through chlorination to high ORP [and sometimes concurrent adjustment to > 9 S.U.” IWA Guide at 46.
131. Fresh water can have widely ranging pH values depending on the geology of the drainage basin or aquifer and the influence of contaminant inputs. If the water is acidic, lime, soda ash, or sodium hydroxide can be added to raise the pH during water purification processes. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
132. Both LAN and Veolia analyzed the pH in Flint’s water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their
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analysis of the pH and their recommendations. Had the City started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Flint’s water would have been less corrosive and, relatedly, less lead would have leached into Flint’s water.
3. Veolia and LAN Misled the Public, Falsely Assuring Them the Water Was Safe.
133. LAN and Veolia were hired for the express purpose of determining the cause of Flint’s water problems and identifying the corrective measures necessary to render Flint’s water system compliant with state and federal regulations.
134. LAN and Veolia entirely failed to satisfy the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint’s TTHM levels and, relatedly, caused lead and other materials leaching into Flint’s water supply. Moreover, a proper root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
135. Despite recognizing that Flint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN and Veolia’s reports implicitly and explicitly deemed Flint’s water system compliant with federal regulations. By doing so, LAN and Veolia wrongly accorded Flint’s water the imprimatur of safety.
136. Accordingly, not only did the City of Flint fail to take the proper steps to render its water system compliant, but Plaintiffs and the Class were wrongly assured they could continue to drink Flint’s water. These false assurances had catastrophic results.
F. THE CITY DISCOVERS—AND COVERS UP—ITS LEAD CRISIS 137. On February 26, 2015, the City of Flint tested LeeAnn Walters’s water for lead and the results were dangerously high. According to that test, the water at Ms. Walters’s home
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contained 104 parts per billion (ppb) of lead – nearly seven times the EPA’s 15 ppb limit. The City official who conducted the test, Michael Glasgow, characterized the result as “very high.” Mr. Glasgow informed Ms. Walters, a mother of four, that he was, “[s]orry for this news,” but otherwise provided no guidance regarding the relative safety of the water, what was being done to solve the problem, or whether Ms. Walters and her family should continue drinking the water.
138. Ms. Walters turned to the EPA for guidance, forwarding the test results to the EPA. Jennifer Crooks of the EPA’s Region 5 office immediately reached out to Busch and Prysby at MDEQ, “to alert you to the high lead levels reported to a citizen yesterday by Flint Water Dept. . . . Mike Glasgow at the plant . . . did test it to find that the iron levels were greater than his test would go; GT 3.3. But, because the iron levels were so high, he suggested testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3… Big worries here.”
139. Ms. Crooks further explained in her email, “[t]hat the different chemistry water is leaching out contaminants from the insides of the biofilms inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant.”
140. The Regulations Manager of the Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following on February 26, 2015: “Miguel was wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it Phosphates?”
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141. On February 27, 2015, MDEQ’s Stephen Busch falsely informed the EPA that, “The City of Flint . . . Has an Optimized Corrosion Control Program [and] Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results.”
142. On March 3, 2015 – after the City increased its ferric chloride dosage to address TTHM levels – Ms. Walters’s home was retested and showed lead levels of 397, more than twenty-six times the legal limit. Again, neither the City nor the professional engineers retained to advise Flint regarding its water system did anything to investigate, ameliorate, or inform the public regarding the extreme hazard posed by the City’s water supply.
143. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of 3 µg/dL. Fearing that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood re-tested for lead on March 27, 2015. This test reported a blood lead level of 6.5 µg/dL – higher than the CDC’s 5 µg/dL threshold.
144. Ms. Walters brought this information to the attention of local health officials. Far from recognizing the danger posed by this result, Ms. Walters’s concerns were casually dismissed and even belittled. “He is barely lead poisoned,” Ms. Walters was told by a state nurse, “If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation.” The same nurse continued, “I am working with kids in their 40’s and 50’s. It is just a few IQ points . . . it is not the end of the world.”
145. Ms. Walters’s water was again re-tested on April 28, 2015. Those tests showed extremely high lead levels between 200 ppb and 13,200 ppb, with an average of 2,429 ppb. The legal limit is 15 ppb – accordingly, at the high-end, the lead in Ms. Walters’ home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which
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reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists to investigate the Flint water system. That team, led by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study which has sought to compile information related to the Flint water crisis. In response to Virginia Tech’s results, the City remained silent.
146. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved “pre-flushing” before collecting samples. According to an EPA official, “pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water.” Pre-flushing, while not expressly prohibited, “negates the intent of the rule to collect compliance samples under ‘worst-case’ conditions.” No public announcements were made regarding the existence of lead in Flint’s drinking water.
147. Having seen no action from Michigan, MDEQ, or the City in response to its prior letter regarding the Walters’ high lead tests, EPA’s Del Toral drafted and sent a memorandum to other EPA and MDEQ officials on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA’s “major concern from a public health standpoint” was “the absence of corrosion control treatment in the City of Flint for mitigating lead and copper levels in the drinking water.”
148. Mr. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint’s water was directly related to the City’s use of ferric chloride to remove bacteria and reduce TTHM levels. Mr. Del Toral explained what any reasonable engineer should have already known, “[s]tudies have shown that an increase in the chloride-to-
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sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network.”
149. Collecting samples that accurately depicted real world scenarios – in other words, scenarios where people did not allow their water to run for several minutes before drinking it – was incredibly important because “compliance sampling results which are reported by the City of Flint to residents could provide a false sense of security to the residents of Flint regarding lead levels in the water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water.”
150. Moreover, initial tests for lead in Flint’s water were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months of 2015 were incorrectly labeled as having come from homes with lead service lines when, in truth, the samples had been taken from homes with underground plumbing made of copper, galvanized steel, or other materials that pose lower risks of corrosion, according to the City’s own documents.
151. The City’s failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint’s drinking water; this failure also constituted a violation of federal environmental laws which require water sampling be done at “high-risk” locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such high-risk homes.
152. Michael Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning,
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Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location of lead service lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
153. As a result, the City failed to promptly and fully identify the presence of lead in Flint’s drinking water. These failures both delayed corrective action and wrongly induced a belief among Flint’s citizens that the water was safe. Flint’s water crisis did not begin to get the attention it needed until an EPA memorandum on the crisis was leaked to the ACLU and the press, prompting lawsuits and investigations. Concerns regarding corrosion of Flint’s pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed what many had long suspected: the Flint River was substantially more corrosive than Flint’s prior water source with about eight times the amount of chloride. In September, Virginia Tech’s analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered “hazardous waste.” The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
154. On September 24, 2015, Dr. Mona Hanna-Attisha, a pediatrician at Hurley Medical Center, released a study showing that the levels of lead in children tested after the City of Flint started using Flint River water were much higher than before the switch.
155. Specifically, Dr. Hanna-Attisha studied data from blood levels processed at Hurley Medical Center for children under 5 years of age residing in zip codes 48501-48507 and compared Elevated Blood Level (“EBL”) percentages for the period January 1, 2013 to
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September 15, 2013 with the period January 1, 2015 to September 15, 2015. An EBL result was defined as a blood level in excess of 5 g/dL. This corresponds with the CDC’s recognized blood lead limits. According to her report, 2.1% of blood samples reported EBLs during the pre-switch 2013 period compared to 4% EBLs after the switch. In other words, the incidence of blood poisoning doubled after Flint switched water sources and LAN and Veolia recommended the addition of ferric chloride.
156. Tragically, Dr. Hanna-Attisha’s study revealed especially high incidence of EBLs for children 15 months of age and under. For those children residing in homes where drinking water tested high for lead, the rate of EBL is three times the pre-switch period. But no children in Flint are safe – even among those children who resided in areas of Flint that did not report high lead levels in the water, the incidence of lead poisoning nearly doubled. Moreover, the lead that was released from pipes now exists in sediment throughout the system and in the pipes and appliances in resident’s homes and businesses, and can become remobilized into the drinking water at any time. This demonstrates the significant impact of the water switch on the entire community: no matter where one resides in Flint, the risk of lead poisoning cannot be escaped.
157. Despite evidence that the Michigan Department of Health and Human Services was aware of EBLs as early as September 2014, Michigan’s HHSD spokesperson, Angela Minicuci, initially reported that blood lead levels in Flint had remained steady since the switch to Flint River. MHHSD later acknowledged that lead levels were increasing consistent with Dr. Hanna-Attisha’s findings.
G. DESPITE ADMISSIONS OF WRONGDOING, PROBLEMS CONTINUE UNABATED
158. On October 16, 2015 – at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding
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pipes were causing contamination of the community’s water, the City switched back to using water from the DWSD.
159. In an email dated October 18, 2015, from MDEQ Director Wyant to Governor Richard Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized corrosion control. He wrote, “I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning.”
160. It was not until these mistakes came to light that the City took the steps necessary to begin to bring Flint into compliance with federal environmental laws. On October 30, 2015, MDEQ emailed Glasgow, instructing him to institute the requisite corrosion control.
161. By this point, however, the damage was done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into the homes and businesses of Flint’s residents was replacing the pipes.
162. Since the crisis first came to light, various entities have initiated investigations into the persons and entities that caused the crisis. The state-sponsored Flint Water Advisory Task Force issued its final report in March, 2016. That report recognized that, “[u]ltimate accountability for Michigan executive branch decisions rests with the Governor,” but found misconduct on behalf of several persons and government entities.
163. Likewise, Congress has held hearings related to the Flint crisis, calling several individuals, including Governor Snyder to testify before the Committee. Critically, however, neither the state-sponsored Task Force nor the Congressional hearings have resulted in any
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compensation being awarded to Plaintiffs or the Class, nor have any of these investigations fully examined the role of LAN and Veolia in causing this crisis.
H. PERSONAL AND PROPERTY DAMAGES SUFFERED BY THE CLASS 164. As a direct, proximate and foreseeable cause of Defendants’ conduct, Plaintiffs and the Class have suffered extensive personal and property damage.
1. Lead’s Devastating Health Effects and Other Personal Injuries Caused by Flint’s Water Crisis.
165. Lead’s catastrophic effects are indisputable. According to the EPA, “[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
166. According to the World Health Organization, “lead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible.”
167. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
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168. Lead is so harmful that, according to the EPA, “ingestion of lead can cause seizures, coma and even death.”
169. The effects of lead exposure are long lasting. The EPA has explained that, “[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth.”
170. Lead is also harmful to adults. The EPA warns that “[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women).”
171. The costs of lead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course of appropriate treatment. Leonardo Trasande and Yinghua Liu, Reducing The Staggering Costs Of Environmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (2011): 863-870.
172. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning – typically chelation therapy – as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
173. Given the long-lasting risks of lead exposure and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
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174. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires’ disease. As explained above, the presence of Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires’ and at least nine died. Those members of the Class who became infected with Legionnaires’ disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants’ conduct.
175. Finally, as a direct and proximate result of Defendants’ conduct, Plaintiffs and the Class have suffered extreme emotional distress.
2. Flint’s Children: Catastrophic Lifetime Losses 176. Flint’s most vulnerable – its children – have suffered the most disastrous consequences from lead exposure – diminished potential over the entire course of their lives. The World Health Organization states, “[t]hese costs are sometimes referred to as lost opportunity costs. Using a conservative estimate, the decrease in intelligence attractable to each 1 µg/dl increase in blood lead level is 0.25 IQ points, and the decrement in lifetime economic productivity associated with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the aggregate loss of intelligence (and thus economic productivity) can be substantial.” 177. Notably, this estimate is conservative as it relates solely to lost earning potential and does not include costs related to special educational, medical, sociological, disability and occupational services, or long-term monitoring and treatment costs. 178. According to an analysis of the economic losses attributable to lead exposure in 2009, “[t]he present value of Michigan’s economic losses attributable to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using U.S. blood lead levels) to $4.85
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billion (using Michigan blood lead levels) per year in loss of future lifetime earnings.” Michigan Network for Children’s Environmental Health, The Price of Pollution: Cost Estimates of Environment-Related Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates of the fallout from Flint’s lead crisis.
179. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
180. As a direct and proximate result of Defendants’ conduct, Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
3. Property Damages Caused by Defendants’ Conduct 181. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants’ conduct, as described above, has caused significant property damage. 182. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing source of lead and potentially Legionella – thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs’ and the Class’s real property has been substantially diminished as a result of the continuing questionable safety of Flint’s water and existence of corroded pipes and appliances.
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183. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply.
184. The residents’ homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
185. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: “[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains.”
186. The Water Research Watershed Center has further explained that, “The cost of corrosion can be expensive. Corrosion can impact you and your family’s health, aesthetic quality of your water, waste money, and damage your household piping and fixtures.”
187. Not only does corrosion cause the “premature failure of household plumbing and plumbing fixtures,” the Water Research Watershed Center has explained, corrosion also “decreases the efficiency of hot water heaters and may cause premature failure to the heater.” According to a Michigan Radio news story, Virginia Tech researchers have recently returned to Flint out of concern that “lead and other metals leaching from damaged pipes have accumulated
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in their hot water heaters making bathing hazardous.” The Virginia Tech researchers will be testing water heaters for lead and Legionella bacteria.
188. Moreover, residents have already reported damage to major appliances such as dishwashers and washing machines following Flint’s decision to switch water sources.
189. According to emails from Governor Snyder’s office, the State estimates that replacing Residents’ pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
190. Corroded pipes not only present a continuing health threat, they risk further damage to one’s property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
191. Although the City has stated it intends to begin replacing some City-owned pipes, this is far from sufficient to render Flint’s water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that “changing all the mains in the city will not really solve the problem for the homeowners” because the lead piping in these homes probably has been severely compromised. “The corrosion is not going away. It’s still there.”
192. Plaintiffs and the Class have been left to pay for the damage caused by Defendants. This has proven nearly impossible as many of the City’s residents survive on very little money. To make matters worse, the Washington Post has reported that, “many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say.”
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193. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
194. Moreover, the problems associated with Flint’s water have had and are having a significant impact on residential and commercial property values and rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, “[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing.”
195. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: “[u]ntil [water] testing and potability is affirmed, it will be difficult to lend,” said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint’s residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to lesscreditworthy borrowers, explained, government regulations require “a continuing and sufficient supply of safe and potable water” to provide home financing.
196. This creates a true catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe. V. CLASS ACTION ALLEGATIONS
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197. Plaintiffs bring this action and seek to certify and maintain it as a class action under Rules 23(a); (b)(1) and/or (b)(2); and (b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and similarly situated individuals in the City of Flint, Michigan, subject to amendment and additional discovery as follows:
a. All persons and entities that have resided in, or owned or rented property in, the City of Flint, Michigan since April 25, 2014.
198. Excluded from the Class is: a. Defendants, including any entity or division in which Defendants have a controlling interest, along with their legal representative, employees, officers, directors, assigns, heirs, successors, and wholly or partly owned subsidiaries or affiliates; b. the Judge to whom this case is assigned, the Judge’s staff, and the Judge’s immediate family; and c. all governmental entities.
199. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way. NUMEROSITY AND ASCERTAINABILITY
200. This action meets the numerosity requirement of Fed. R. Civ. P. 23(a)(1), given that the amount of affected Flint residents and property owners, upon information and belief, has reached the tens of thousands, making individual joinder of class members’ respective claims impracticable. While the precise number of class members is not yet known, the precise number can be ascertained from U.S. Federal Census records, State of Michigan and City of Flint public records, and through other discovery. Finally, Class members can be notified of the pendency of this action by Court-approved notice methods. TYPICALITY
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201. Pursuant to Federal Rules of Civil Procedure 23(a)(3), Plaintiffs’ claims are typical of the claims of class members, and arise from the same course of conduct by Defendants. Plaintiffs’ persons and real property, like all Class Members, has been damaged by Defendants’ misconduct in that they have incurred damages and losses related to the introduction of highly corrosive water from the Flint River into the public water supply, causing lead contamination and personal injury damages, destroying the lead supply pipes, and causing the ongoing water crisis in Flint. Furthermore, the factual bases of Defendants’ actions and misconduct are common to all Class Members and represent a common thread of misconduct resulting in common injury to all Class Members. The relief Plaintiffs seek is typical of the relief sought for absent Class Members. ADEQUACY OF REPRESENTATION
202. Plaintiffs will serve as fair and adequate class representatives as their interests, as well as the interests of their counsel, do not conflict with the interest of other members of the class they seek to represent. Further, Plaintiffs have retained counsel competent and experienced in class action litigation.
203. Plaintiffs and their counsel are committed to vigorously prosecuting this action on behalf of the Class. PREDOMINANCE OF COMMON ISSUES
204. There are numerous questions of law and fact common to Plaintiffs and Class Members that predominate over any question affecting only individual Class Members, the answers to which will advance resolution of the litigation as to all Class Members. These common legal and factual issues include the following:
a. whether Defendants engaged in the conduct alleged herein;
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b. whether LAN and Veolia committed professional malpractice when they failed to conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control;
c. whether Defendants knew or should have known that Flint’s water supply indicated the presence of lead;
d. whether Defendants knew or should have known that Flint’s water supply indicated the presence of Legionella;
e. whether Defendants took steps to conceal the presence of lead in Flint’s water supply or otherwise falsely assured Plaintiffs and the Class that Flint’s water was safe;
f. whether Defendants’ conduct was tortious under Michigan law, on the theories set forth herein; and
g. whether Plaintiffs and Class Members are entitled to damages and other monetary and equitable relief, and if so, in what amount and nature.
SUPERIORITY
205. The class action mechanism is superior to any other available means of the fair
and efficient adjudication of this case. Further, no unusual difficulties are likely to be
encountered in the management of this class action. Given the great amount of Flint residents
impacted by Defendants’ conduct, it is impracticable for Plaintiffs and the Class to individually
litigate their respective claims for Defendants’ complained of conduct. To do so would risk
inconsistent or contradictory judgments and increase delays and expense to both parties and the
court system. Therefore, the class action mechanism presents considerably less management
challenges and provides the efficiency of a single adjudication and comprehensive oversight by a
single court.
Medical Monitoring
206. As a direct and proximate result of the Defendants’ acts, omissions, and conduct
as set forth in this Amended Complaint, Plaintiffs and the Class have suffered and continue to
suffer a significantly increased risk of contracting a serious injury or latent disease, including,
but not limited to, several forms of cancer, respiratory ailments, gastrointestinal ailments, sleep
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disturbance, and physical stress. This increased risk makes periodic diagnostic medical examinations reasonably necessary to establish a "baseline" status of their health and to monitor their status for changes and progressions in their injuries and their sequelae.
207. Early detection and diagnosis of these diseases is clinically invaluable as early detection and diagnosis can prevent, reduce, and/or significantly delay resulting discomfort, suffering, disability, and dysfunction, and/or death. Furthermore, these conditions can often appear asymptomatic absent proper testing until they have progressed to an untreatable, permanent, and/or terminal state.
208. Easily administered, cost-effective monitoring and testing procedures exist that make the early detection and treatment of such injuries or diseases possible and beneficial. For example, administration of these readily available non-invasive tests can easily and accurately diagnose the presence of liver failure, respiratory ailments, and heart dysfunction, even in asymptomatic individuals. Early diagnosis of these diseases and conditions will allow prompt and effective treatment and will reduce the risk of morbidity, and mortality, from which these Plaintiffs and the Class would suffer if diagnosis and/or treatment were delayed until their conditions became overtly symptomatic.
209. The recommended testing procedures will be subject to expert testimony at the time of trial.
210. Plaintiffs and the Class are at a high risk for latent and progressive respiratory injuries and therefore need to undergo testing. Plaintiffs and the Class also need the availability of non-invasive testing as a diagnostic tool and method of treatment in order to prevent untreated and unabated progression of latent injuries, which will result in even more grave injuries and consequences.
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211. The Plaintiffs and Class Members increased susceptibility to certain injuries and the irreparable threat to their future health and well-being resulting from their exposure to hazardous substances and chemicals in and around their homes, schools, businesses and other public places in the City of Flint can only be mitigated and/or addressed by the creation of a medical program including but not limited to:
a. notifying Plaintiffs and the Class of the potential harm from exposure to the contamination described herein;
b. funding further studies of the long-term effects of exposure; c. funding research into possible cures for the detrimental effects of breathing, living
and working near the contaminants and toxicants present in the City of Flint as a result of the acts and omissions alleged herein; d. gathering and forwarding to their treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) in and around the City of Flint; and e. aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of Plaintiffs and the Class. 212. To the extent that Defendants' actions resulted in the discharge and/or release of lead into Flint’s drinking water, thereby entering and injuring the physical and mental well-being of Plaintiffs and the Class, their real and personal property, and their economic interests, Defendants are jointly and severally liable for all damages from contamination in this case.
DECLARATORY AND INJUNCTIVE RELIEF 213. Since Defendants have acted or refused to act on grounds generally applicable to
Plaintiffs and Class Members, final injunctive and declaratory relief is appropriate with respect to the Class as a whole. VI. CAUSES OF ACTION
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COUNT: I (Professional Negligence) 197. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 198. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiffs, the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property. 199. As a result, LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would. 200. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. 201. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
COUNT: II (Gross Negligence) 202. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 203. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured
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Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to their property.
204. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and Legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, Defendants with gross negligence, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class.
205. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN’s and Veolia’s gross negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
206. Defendants’ conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
COUNT: III (Negligence) 207. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 208. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care.
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209. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead.
210. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their property.
211. Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
212. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members.
213. As a result of Defendants’ breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
214. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
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215. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
216. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
217. As a direct and proximate result of Defendants’ negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
COUNT: IV (Intentional Infliction of Emotional Distress) 218. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 219. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs and the Class serious emotional distress. Defendants’ outrageous conduct in causing, prolonging, and obscuring Plaintiffs’ exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that Plaintiffs’ distress was certain, or substantially certain to result from their conduct, or Defendants acted in deliberate disregard of a high degree of probability that the Plaintiffs and the putative class would suffer emotional distress as a result.
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220. Defendants’ outrageous conduct caused severe distress to Plaintiffs and the Class and was the proximate cause of Plaintiffs’ injuries.
221. As such, Defendants breached their duty to exercise reasonable care towards Plaintiffs and the Class.
222. Plaintiffs and the Class suffered serious emotional distress as a direct and foreseeable result of Defendants’ conduct.
COUNT: V (Negligent Infliction of Emotional Distress) 223. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 224. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 225. As alleged herein, Defendants failed to exercise reasonable care which had the direct and foreseeable result of causing Plaintiffs and the Class severe emotional distress.
COUNT: VI (Unjust Enrichment) 226. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Complaint. 227. Plaintiffs and the Class were sold toxic drinking water that was unfit for human consumption instead of receiving clean, safe drinking water, as promised. 228. LAN and Veolia unjustly received compensation for providing engineering services that did not satisfy their duties of professional responsibility. 229. Accordingly, the LAN and Veolia Defendants should be ordered to disgorge their unjustly retained benefits.
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DECLARATORY RELIEF SOUGHT 230. Plaintiffs incorporate and re-allege each allegation set forth in the preceding
paragraphs of this Complaint. 231. Plaintiffs are entitled to a declaratory judgment pursuant to the Declaratory
Judgment Act, 28 U.S.C. §§ 2201 and 2202. 232. An actual controversy exists between the parties as alleged herein and will
continue to exist unless and until it is resolved by this Court. DAMAGES SOUGHT BY THE CLASS
233. Plaintiffs and the Class incorporate by reference the preceding paragraphs as if fully set forth herein.
234. At all relevant times herein, Defendants owed a duty to Plaintiffs and the Class to ensure the adequate processing, transportation, and storage of potable drinking water to the residents of the City of Flint.
235. The significantly increased risks associated with exposure to lead make periodic diagnostic medical examinations reasonable and necessary.
236. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs and the Class have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complication. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
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237. In order to compensate Plaintiffs and the Class for damages suffered due to Defendants' acts, each and every Plaintiff and Class Member requires, among other things, that Defendants collectively pay the past and future costs of obtaining necessary medical care, toxicological examinations and diagnoses, and any other medical monitoring necessary in order to ascertain and treat the nature and extent of the injuries suffered due to the contamination, with Plaintiffs and the Class retaining freedom of choice relative to choosing their experts. Many of these costs would not be covered by health care insurers, and if covered, may unfairly result in increased premiums.
238. Each and every one of these Plaintiffs’ and Class Members’ increased susceptibility to certain injuries and the irreparable threat to their future health and well-being resulting from their exposure to lead in Flint can only be mitigated and/or addressed by the creation of a medical program (the “Flint Program”) including but not limited to:
a. Establishing a program that provides education and outreach on the existence and availability of the services established under the medical monitoring program, including but not limited to the establishment of a public Website with information about the Program, meetings with potentially eligible populations, development and dissemination of outreach materials informing Flint residents about the program, and the establishment of phone information services;
b. Funding further studies of the long-term effects of exposure; c. Funding medical surveillance for those individuals exposed to lead; d. Gathering and forwarding to each and every one of these Plaintiffs’ and Class
Members’ treating physicians’ information related to the diagnosis and treatment of injuries which result from their exposure(s) to lead; e. Aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of each and every one of these Plaintiffs and the Class. 239. Establishment of a medical monitoring program for the Plaintiffs and the Class is essential as a consequential damage from their exposure to the contaminants because without the
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requested medical monitoring programs, they will be subjected to further injuries and delayed treatment.
240. Accordingly, Plaintiffs and the Class are entitled to a medical monitoring program which provides for medical testing, surveillance, monitoring, and study of the Plaintiffs and the Class for conditions caused by exposure to the references substances, as well as payment of their attorney’s fees and expenses, and any other relief this court deems just and proper.
241. Plaintiffs and the Class have sustained and will continue to sustain damages to their property as a result of Defendants’ actions. As a result, Plaintiffs and the Subclasses seek monetary damages for each violation of the First through Sixth Claims for Relief. In particular, Plaintiffs and the Class seek damages, including but not limited to: (i) monetary damages reflecting the cost to remediate class members’ property of the contamination caused by Defendants’ conduct or, in the alternative, to compensate class members for the diminution in value of their property caused by Defendants’ conduct; (ii) monetary damages to compensate class members for the loss of the use and enjoyment of their properties caused by Defendant’s conduct; (iii) monetary damages for the diminution of the value of the plaintiffs’ property, and (iv) monetary damages to compensate class members for the loss of quality of life caused by Defendants’ conduct.
242. Plaintiffs and the Class also seek consequential damages sufficient to fund a medical monitoring program that is reasonably tailored to the exposure risks of the contaminants, including but not limited to lead.
243. Each and every one of these Plaintiffs and Class Members will incur future expenses for medical monitoring and, as a result, seek payment of their related medical expenses as an element of the consequential damages.
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PUNITIVE DAMAGES 244. Plaintiffs incorporate and re-allege each allegation set forth in the preceding
paragraphs of this Amended Complaint. 245. Upon information and belief, Defendants engaged in willful, wanton, malicious,
and or/reckless conduct that caused the foregoing property damage, nuisances, and trespasses upon the persons and properties of Plaintiffs and the Class, disregarding their protected rights.
246. Defendants’ willful, wanton, malicious, and/or reckless conduct includes but is not limited to:
a. failure to provide safe drinking water to the residents of Flint; b. failure to implement adequate corrosion controls for Flint River water; c. underestimating the seriousness of the lead contamination in Flint’s water system; d. failure to warn Plaintiffs and the Class about the unsafe levels of lead in Flint’s
water system; e. failure to act to limit exposure of the lead contamination in Flint’s water system; f. concealing the presence of lead in Flint’s water supply or otherwise falsely
assuring Plaintiffs and the Class that Flint’s water was safe; and g. making unlawful and misleading representations or material omissions with
respect to the safety of Flint’s water supply. 247. Defendants have caused great harm to the property and water supplies of Plaintiffs and the Class and demonstrated an outrageous conscious disregard for their safety with implied malice, warranting the imposition of punitive damages. VII. DEMAND FOR A JURY TRIAL 248. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand a jury trial as to all issues triable by a jury. VIII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs pray as follows:
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a. That judgment be entered for Plaintiffs and Class members against Defendants for personal and property damages sustained as a direct and proximate cause of Defendants’ conduct as well as any punitive damages or disgorgement monies owed to Plaintiffs and the Class;
b. That Plaintiffs and the Class recover pre-judgment and post-judgment interest as permitted by law
c. an order of equitable relief to remediate the harm caused by Defendants unconstitutional conduct including repairs or property, establishment of a medical monitoring fund, and appointing a monitor to oversee the water operations of Flint for a period of time deemed appropriate by the court;
d. an award for general damages; e. an order for an award of compensatory damages; f. an order for an award of punitive damages; g. an order for an award of actual reasonable attorney fees and litigation expenses;
and h. an order for all such other relief the court deems equitable.
Respectfully submitted,

Dated: March 26, 2017

NAPOLI SHKOLNIK PLLC
By: /s/ Hunter Shkolnik Hunter Shkolnik, ##2031458NY Paul J. Napoli, #2513141NY 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 hunter@napolilaw.com pnapoli@napolilaw.com

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 5:16-cv-10796-JCO-MKM Doc # 50 Filed 07/08/16 Pg 1 of 126 Pg ID 597

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN

MYIA MCMILLIAN, individually and as next friend of two minor children, J.M and K.M.; AMANDA FETTERMAN, individually and as next friend of four minor children, R.E., K.E., S.E., and R.E.; MELISSA LIGHTFOOT, individually and as next friend of three minor children T.L., K.A., and P.A.; PATRICIA FUNCHES, individually and as next friend of one minor child, M.T.; AMBER BROWN, individually and as next friend of one minor child, K.D.; TIESHA TIPTON, individually and as next friend of four minor children, A.T., A.S., A.S., and A.S.; MARY MATHES, individually and as next friend of two minor children, S.A.M. and S.A.M.;
Plaintiffs, v.
GOVERNOR RICHARD DALE SNYDER, in his official capacity, and the STATE OF MICHIGAN for prospective relief only; THE MICHIGAN DEPARTMENT OF ENVIRONMENTAL QUALITY; DANIEL WYANT, LIANE SHEKTER SMITH, ADAM ROSENTHAL, STEPHEN BUSCH, PATRICK COOK, MICHAEL PRYSBY, BRADLEY WURFEL all in their individual capacities; DARNELL EARLEY, GERALD AMBROSE, EDWARD KURTZ, DAYNE WALLING, HOWARD CROFT, MICHAEL GLASGOW and DAUGHERTY JOHNSON in their individual and official capacities, CITY OF FLINT, a municipal corporation, jointly and severally, LOCKWOOD, ANDREWS & NEWNAM, P.C.; LAN INC.; LEO A. DALY COMPANY; VEOLIA NORTH AMERICA, INC., VEOLIA NORTH AMERICA, LLC; VEOLIA WATER NORTH AMERICA

DEMAND FOR JURY TRIAL
NO. 2:16 –CV-10796
FIRST AMENDED CLASS ACTION COMPLAINT

5:16-cv-10796-JCO-MKM Doc # 50 Filed 07/08/16 Pg 2 of 126 Pg ID 598
OPERATING SERVICES, LLC;VEOLIA ENVIRONNEMENT S.A.;
Defendants. FIRST AMENDED COMPLAINT FOR MONEY DAMAGES, INJUNCTIVE
AND DECLARATORY RELIEF WITH RELIANCE ON JURY DEMAND FOR VIOLATIONS OF THE SAFE DRINKING WATER ACT 42 U.S.C. §300f et seq., AND THE LEAD AND COPPER RULE 40 C.F.R. §§141.80-.91
INTRODUCTION “No safe blood level in children has been identified. Lead exposure can affect nearly every system in the body.” National Cancer for Environmental Health, Division of Emergency and Environmental Health Services Plaintiffs, individually and on behalf of a class of all others similarly situated, bring this action for damages and injunctive relief and demand a jury trial. Unless stated otherwise, all allegations contained herein are made on information and belief. In support of their claims, Plaintiffs allege as follows:
I. NATURE OF THE CASE 1. Plaintiffs seek recovery from Defendants individually and on behalf of the tens of thousands of Flint residents (the “Class” or “Class Members”) for injuries, damages and losses suffered by the Plaintiffs, each of whom suffered injuries as a result of exposure to the introduction of lead from Defendants’ ownership, use, management, supervision, storage, maintenance, disposal and release of highly corrosive water from the Flint River into the drinking water of Flint, Michigan.

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2. For nearly five years, the City of Flint has existed in a state of financial emergency pursuant to which the City is controlled by a Governor appointed Emergency Financial Manager. In 2014, in an effort to save money, the Emergency Financial Manager authorized a switch to the Flint River as the City's sole water source.
3. In making this switch, the State of Michigan, the Michigan Department of Environmental Quality (MDEQ), the Governor-appointed Emergency Financial Managers, the City of Flint, and various other named employees of those agencies (collectively Government Defendants), failed to implement a corrosion control protocol as required by the Safe Drinking Water Act, and otherwise failed to exercise reasonable care with regard to Flint's water system. Absent mandatory corrosion controls, the acidic water of the Flint River coursed through unprotected pipes to residents – leaching lead and other harmful chemicals into the water along the way.
4. Flint engaged and relied upon the professional services and expertise of two engineering firms- Defendants Lockwood, Andrews & Newman, Inc. (LAN) and Veolia North America (Veolia)- to review its water distribution system, ensure compliance with federal and state environmental regulations, and provide expert engineering advice to the City and its Emergency Financial Managers. By
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taking on this assignment, LAN and Veolia assumed the responsibility to satisfy the standard of a reasonable engineer.
5. In conducting their engineering services, however, LAN's and Veolia's conduct fell well below the standard for a reasonable engineer in several critical respects. First, LAN and Veolia failed to conduct a root cause analysis to determine the cause of Flint's initial water problem. Had either LAN or Veolia performed such an analysis, it would have quickly revealed that Flint River water was contaminated by corrosive salt accumulated from de-icing operations over decades of Michigan winters, and had caused extensive pipe corrosion and an extreme risk of lead contamination absent the implementation of a plan to prevent such contamination. Moreover, a root cause analysis would have revealed that the City of Flint had not adopted a corrosion control protocol as mandated by the federal Safe Drinking Water Act and related Lead and Copper Rule.
6. Not only did LAN and Veolia fail to perform the routine root cause analysis that would have revealed the City of Flint's lead problems, but they also ignored a series of red flags that should have led them to suspect corrosion problems in Flint's water system. LAN and Veolia should have anticipated widespread corrosion problems in light of the switch to a highly saline water source; the ineffectiveness of Flint's attempts to address coliform bacteria, which would have signaled corroded pipes to any reasonably competent engineer; the
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summer 2015 outbreak of Legionnaires Disease, which also should have alerted these companies to corrosion problems; and the very color of Flint's tap water, which was rusty and brown precisely because it was leaching metal from Flint's pipes. Any of these warnings should have warned LAN and Veolia to a widespread corrosion problem and led these companies to implement effective corrosion controls.
7. Additionally, LAN and Veolia affirmatively recommended that Flint double the ferric chloride in its water. A reasonable professional engineer would have known that ferric chloride is highly acidic and when used without alkaline buffering agents to raise the pH and phosphates or other corrosion control elements to coat the pipes, causes corrosion. This is exactly what happened in Flint's water system.
8. As a direct and foreseeable result of LAN's and Veolia's recommendations, Flint increased the ferric chloride in its water with grave consequences. The salinity of the Flint River was the metaphorical gasoline in this particular tragedy. The addition of ferric chloride, as recommended by the professional engineers at LAN and Veolia upon whom the City relied, was the match. The added ferric chloride dramatically increased the corrosion of Flint's pipes and, as a direct and foreseeable result, the leaching of various chemicals into Flint's drinking water- including lead.
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9. Despite failing to fulfill their professional duties in a reasonable manner, both LAN and Veolia deemed Flint's water compliant with governing environmental statutes and regulations. In doing so, LAN and Veolia provided false assurances of safety to Plaintiffs and the Class, further exacerbating the extent of the damage caused by their conduct.
10. As concerns began to emerge that Flint's water was contaminated with lead and other hazardous materials, the Government Defendants engaged in various activities designed to deny or minimize the existence or extent of Flint's corrosion and lead problem. For example, the MDEQ misrepresented its water samples as being compliant with federal regulations when, in fact, the samples were drawn from locations that were less likely to show lead contamination. Moreover, various MDEQ officials "scrubbed" test results to remove certain results that showed high levels of lead in the water. Additionally, when the EPA inquired as to what corrosion control treatment Flint was using, Defendant Stephen Busch of the MDEQ unequivocally and falsely assured the EPA that Flint was adding phosphates to its water to control corrosion. Other MDEQ officials similarly misled the public by falsely stating that Flint's water system had a corrosion control protocol. MDEQ officials also baselessly informed the EPA that the first resident's water had tested positive for lead due to sources within the home- a statement that
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was later proved entirely incorrect when the EPA visited the resident's home and discovered it had plastic pipes.
11. After Flint switched its water source to the Flint River, the City also suffered an outbreak of Legionnaires' disease, a severe form of bacterial pneumonia caused by toxins in the contaminated water. According to Michigan health officials, this outbreak was one of the worst in U.S. history: 87 confirmed cases and 9 Legionnaires' -associated deaths. Yet, the Government Defendants did not even disclose that the outbreak had occurred until January 2016 -months after it began. The Government Defendants thus failed to warn Flint residents of the threat posed by Legionella in the City's water supply and failed to take reasonable steps to contain the outbreak once it began.
12. All the while- despite public assurances of safety- government offices in Flint quietly switched to bottled water while the citizens and business of Flint continued to drink dangerously contaminated water.
13. Indeed, it was not until a memorandum from an EPA official regarding the frightening existence of lead in Flint's drinking water was leaked to the American Civil Liberties Union that any of the Government Defendants acknowledged the problem.
14. Unfortunately, these acknowledgments came too late. Since the Government Defendants implemented LAN's and Veolia's recommendations, more
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than 40% of the homes tested revealed lead contamination above the federal threshold and a study from a pediatrician at the Hurley Medical Center showed that elevated blood levels in children had more than doubled following the switch to the Flint River as Flint's water source.
15. The consequences of lead exposure are both catastrophic and permanent. Lead poisoning can cause serious damage to a child's central and peripheral nervous system, stunt growth, impair hearing, and impair the formation and function of blood cells. The effect of lead poisoning on children's brain development is particularly alarming, causing reduced IQ and serious behavioral problems. While lead's worst effects are borne by children, lead exposure can be seriously harmful to adults as well causing serious cardiac and reproductive problems.
16. Plaintiffs and the Class have sustained substantial personal injuries as a result of Defendants' conduct and the child-members of the Class have additionally suffered lost economic earnings.
17. Plaintiffs and the Class have also suffered significant property damage as a direct result of Defendants' conduct. The acidic and corrosive water that Defendants caused to flow through Flint's pipes and appliances has irreparably damaged residents' and businesses' pipes and appliances. Moreover, the stigma associated with the water crisis has resulted in, and will continue to result in, a
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reduction in residential and commercial property values in the City of Flint and substantial financial harm to Plaintiffs and the Class. Despite Flint having switched back to its prior water source, corroded pipes and appliances in residents' homes and local commercial properties remain corroded. The only option for Plaintiffs and the Class to truly be safe is to entirely replace their pipes and corroded appliances.
18. In addition to injunctive relief under the Safe Water Drinking Act, Plaintiffs and the Class also seek damages and other relief under theories of Professional Malpractice, Proprietary Function, Gross Negligence, Negligence, Strict Liability, Intentional and Negligent Infliction of Emotional Distress, Inverse Condemnation, Trespass, Nuisance, Unjust Enrichment, Procedural Due Process, and the Declaratory Judgment Act.
19. Given the devastating, permanent effects of lead exposure, and the severe health risks that would be presented by the continued presence of Legionella in the Flint water supply, it is imperative that Defendants' conduct related to the Flint Water Crisis be fully investigated and Defendants be held accountable to the extent they caused Plaintiffs and the Class injury. That is exactly what this suit seeks to do.
20. At critical times including during gestation and their developmental years, the minor plaintiffs have been exposed to damaging levels of lead.
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21. Plaintiffs’ damages and losses include, but are not limited to, physical and psychological injuries, learning and other permanent disabilities, weight loss, stunted growth, anemia, headaches, abdominal and other pain, mental anguish, emotional distress, the cost of medical, educational, and rehabilitation expenses, other expenses of training and assistance, loss of income and earning capacity, property damage, destruction of water service lines, and devaluation in property damages.
22. The health effects of lead poisoning are well known. The CDC has noted that: “No safe blood level in children has been identified. Even low levels in blood have been shown to affect IQ, ability to pay attention, and academic achievement.” Lead impacts nearly every organ and system in the human body. Lead causes multitudinous and serious injuries to the nervous system, which can lead to convulsions, coma and brain death. It causes learning and behavioral disorders, memory loss, nausea, anemia, hearing loss, fatigue, colic, hypertension, and myalgia. Moreover, children under the age of 6 years old are more susceptible to the toxic effects of lead than are adults since the brain and central nervous system are not completely developed.
II. THE PARTIES: PLAINTIFFS 23. Plaintiff Myia McMillian, individually and as next of friend to two minor children, has resided at 225 W. Pulaski St., in the city of Flint, in the county
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of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff McMillian and the two minor children living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
24. Plaintiff McMillian is mother and next of friend of two minor children, J.M., age 5, and K.M., age 2.
25. The McMillian family, at all relevant times, lived in a single family home at 225 W. Pulaski St., Flint, Michigan.
26. At all relevant times, members of the McMillian family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the McMillian family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the McMillian family continued to use and rely upon Flint’s water.
27. As a proximate result of Defendants’ actions, as set forth herein, the McMillian family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
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28. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiffs J.M. and K.M. have experienced heightened levels of lead in their blood.
29. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Myia McMillian has experienced property damage from Flint’s use of corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
30. Plaintiff Amanda Fetterman, individually and as next of friend to four minor children, has resided at 1018 Decker St., in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Amanda Fetterman and the four minor children living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
31. Plaintiff Amanda Fetterman is the mother and next of friend of four minor children: R.E., age 6; K.E., age 5; S.E., age 4; and R.E., age 2.
32. The Fetterman family, at all relevant times, lived in a single family home at 1018 Decker St., Flint, Michigan.
33. At all relevant times, members of the Fetterman family, unaware of the toxicity of their water, regularly used the water for drinking and other
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household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Fetterman family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Fetterman family continued to use and rely upon Flint’s water.
34. As a proximate result of Defendants’ actions, as set forth herein, the Fetterman family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
35. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiffs R.E., K.E., S.E, and R.E. have experienced heightened levels of lead in their blood.
36. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Amanda Fetterman has experienced property damage from Flint’s use of corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
37. Plaintiff Melissa Lightfoot, individually and as next of friend to three minor children, has resided at 3120 Stonegate Dr., in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Melissa Lightfoot and the three minor children living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to
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switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
38. Plaintiff Melissa Lightfoot is mother and next of friend of three minor children: T.L., age 13; K.A., age 8; and P.A., age 5.
39. The Lightfoot family, at all relevant times, lived in a single family home at 3120 Stonegate Dr., Flint, Michigan.
40. At all relevant times, members of the Lightfoot family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Lightfoot family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Lightfoot family continued to use and rely upon Flint’s water.
41. As a proximate result of Defendants’ actions, as set forth herein, the Lightfoot family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
42. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiffs T.L., K.A., and P.A. have experienced heightened levels of lead in their blood.
43. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Melissa Lightfoot has experienced property damage from Flint’s use of
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corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
44. Plaintiff Patricia Funches, individually and as next of friend to one minor child, has resided at 805 W. Marengo, in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Patricia Funches and the minor child living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
45. Plaintiff Patricia Funches is the mother and next of friend of one minor child, M.T., age 2.
46. The Funches family, at all relevant times, lived in a single family home at 805 W. Marengo, Flint, Michigan.
47. At all relevant times, members of the Funches family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Funches family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Funches family continued to use and rely upon Flint’s water.
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48. As a proximate result of Defendants’ actions, as set forth herein, the Funches family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
49. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiff M.T. has experienced heightened levels of lead in his blood.
50. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Patricia Funches has experienced property damage from Flint’s use of corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
51. Plaintiff Amber Brown, individually and as next of friend to one minor child, has resided at 5101 Branch Road, in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Amber Brown and the minor child living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
52. Plaintiff Amber Brown is the mother and next of friend of one minor child, K.D., age 1.
53. The Brown family, at all relevant times, lived in a single family home at 5101 Branch Road, Flint, Michigan.
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54. At all relevant times, members of the Brown family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Brown family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Brown family continued to use and rely upon Flint’s water.
55. As a proximate result of Defendants’ actions, as set forth herein, the Brown family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
56. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiff K.D. has experienced heightened levels of lead in her blood.
57. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Amber Brown has experienced property damage from Flint’s use of corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
58. Plaintiff Tiesha Tipton, individually and as next of friend to four minor children, has resided at 313 Page St., in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Tiesha Tipton and the minor children living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch
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to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
59. Plaintiff Tiesha Tipton is the mother and next of friend of four minor children: A.T., age 7; A.S., age 4; A.S., age 4; and A.S., age 2.
60. The Tipton family, at all relevant times, lived in a single family home at 313 Page St., Flint, Michigan.
61. At all relevant times, members of the Tipton family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Tipton family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Tipton family continued to use and rely upon Flint’s water.
62. As a proximate result of Defendants’ actions, as set forth herein, the Tipton family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
63. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiffs A.T., A.S., A.S., and A.S. have experienced heightened levels of lead in their blood.
64. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Tiesha Tipton has experienced property damage from Flint’s use of
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corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
65. Plaintiff Mary Mathes, individually and as next of friend to two minor children, has resided at 1210 Walker St., in the city of Flint, in the county of Genesee, in the state of Michigan at all relevant times. Since April 25, 2014, Plaintiff Mary Mathes and the minor children living with her continue to be exposed to highly dangerous conditions created by Defendants’ decision to switch to the Flint River, and Defendants’ continued failure to remediate these harmful and toxic conditions.
66. Plaintiff Mary Mathes is the mother and next of friend of two minor children: S.A.M., age 10; and S.A.M., age 6.
67. The Mathes family, at all relevant times, lived in a single family home at 1210 Walker St., Flint, Michigan.
68. At all relevant times, members of the Mathes family, unaware of the toxicity of their water, regularly used the water for drinking and other household necessities such as bathing, cooking, and cleaning. Defendants continuously led the Mathes family to believe that there was nothing wrong with Flint’s water, and that it was safe for consumption. As a result of Defendants’ assurances, the Mathes family continued to use and rely upon Flint’s water.
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69. As a proximate result of Defendants’ actions, as set forth herein, the Mathes family has suffered damages as a direct and proximate result of Defendants’ conduct described herein.
70. As a proximate result of Defendants’ actions, as set forth herein, minor Plaintiffs S.A.M. and S.A.M. have experienced heightened levels of lead in their blood.
71. As a proximate result of Defendants’ actions, as set forth herein, Plaintiff Mary Mathes has experienced property damage from Flint’s use of corrosive Flint River water including but not limited to the destruction of service pipe lines and loss in property value.
DEFENDANTS 72. All individually named Defendants are sued in their individual and/or official capacities as indicated below. 73. When reference is made in this Amended Complaint to any act or omission of any of the Defendants, it shall be deemed that the officers, directors, agents, employees or representatives of the Defendants committed or authorized such act or omission, or failed to adequately supervise or properly control or direct their employees while engaged in the management, direction, operation or control of the affairs of Defendants, and did so while acting within the scope of their duties, employment or agency.
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74. The term “Defendant” or “Defendants” refers to all Defendants named herein jointly and severally. The term “Governmental Defendants” refers to those individuals or entities associated with the State of Michigan, City of Flint, or Michigan Department of Environmental Quality. The term “Engineering Defendants” refers to Lockwood, Andrews & Newman, Inc. (LAN), LAN INC., Leo A. Daly Company, Veolia North America LLC(Veolia) and Veolia Environnement S.A.
75. Upon information and belief, each of the Defendants are responsible, negligently, intentionally and/or in some actionable manner, for the events and happenings referred to herein, and caused and continue to cause injuries and damages legally thereby to Plaintiffs and the Class, as alleged, either through each Defendant's own conduct or through the conduct of their agents, servants or employees, or due to the ownership, maintenance or control of the instrumentality causing them injury, or in some other actionable manner.
76. Defendant RICHARD DALE SNYDER is sued in his official capacity as Governor of the State of Michigan. At all times relevant hereto, Defendant Snyder was acting individually and in his official capacity as State Governor and top policymaker for the State of Michigan.
77. Defendant STATE OF MICHIGAN is sued in its capacity of operating the Michigan Department of Environmental Quality (“MDEQ”). At all
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times relevant hereto, Defendant State of Michigan is sued in its capacity as manager of the environmental agency tasked with protecting the environment and the residents of Michigan from environmental dangers.
78. The Michigan Department of Environmental Quality (“MDEQ”) is the state agency responsible for implementing and enforcing safe drinking water laws, rules, and regulations in Michigan, and Flint specifically. MDEQ’s headquarters are located at 525 West Allegan Street, Lansing, Michigan 48909.
79. The State of Michigan is the operating entity of MDEQ. At all times relevant hereto, State of Michigan was acting in its capacity as manager of the environmental agency tasked with protecting the environment and the residents of Michigan from environmental dangers.
80. Defendant DANIEL WYANT (“Wyant”) is sued in his official capacity as Director of MDEQ. At all times relevant hereto, Defendant Wyant was acting individually and in his official capacity of Director of MDEQ and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
81. Defendant LIANE SHEKTER SMITH (“Smith”) is sued in her official capacity as Chief of the Office of Drinking Water and Municipal Assistance for MDEQ. At all time relevant hereto, Defendant Smith was acting individually and in her official capacity as Chief of the Office of Drinking Water
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and Municipal Assistance for MDEQ, and is sued for her participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
82. Defendant ADAM ROSENTHAL (“Rosenthal”) is sued in his official capacity as a Water Quality Analyst assigned to the Lansing District Office of the MDEQ. At all times relevant hereto, Defendant Rosenthal was acting individually and in his official capacity as a Water Quality Analyst, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
83. Defendant STEPHEN BUSCH (“Busch”) is sued in his official capacity as District Supervisor assigned to the Lansing District Office of the MDEQ. At all times relevant hereto, Defendant Busch was acting individually and in his official capacity as District Supervisor, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
84. Defendant PATRICK COOK (“Cook”) is sued in his official capacity as a Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ. At all times relevant hereto, Defendant Cook was acting individually and in his official capacity as a Water Treatment Specialist, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
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85. Defendant MICHAEL PRYSBY (“Prysby”) is sued in his official capacity as the Engineer assigned to District 11 (Genesee County) of the MDEQ. At all times relevant hereto, Defendant Prysby was acting individually and in his official capacity as Engineer, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
86. Defendant BRADLEY WURFEL (“Wurfel) is sued in his official capacity as Director of Communications for MDEQ. At all times relevant hereto, Defendant Wurfel was acting individually and in his official capacity as a Director of Communications for MDEQ, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
87. Defendant DARNELL EARLEY (“Earley”) is sued in his official capacity as the Emergency Financial Manager. Defendant Early was appointed by Defendant Snyder, and served as Emergency Manager to the City of Flint from November 1, 2013 until January 12, 2015. At all times relevant hereto, Defendant Earley was acting individually and in his official capacity as Emergency Manager, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
88. Defendant GERALD AMBROSE (“Ambrose”) is sued in his official capacity as the Emergency Financial Manager. Defendant Ambrose was appointed by Defendant Snyder, and served as Emergency Manager to the City of Flint from
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January 13, 2015 until April 28, 2015. At all times relevant hereto, Defendant Ambrose was acting individually and in his official capacity as Emergency Manager, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
89. Edward Kurtz ("Kurtz") was the Emergency City Manager for the City of Flint between August 8, 2012 and May 20, 2013. Kurtz made the decision to cancel the City's water contract with the City of Detroit, decided to use the Flint River as the source of Flint's water during the transition to a newly constructed water treatment plant sourced from Lake Huron, and retained LAN to advise him and the City on how to implement the transition.
90. Defendant DAYNE WALLING (“Walling”) is sued in his official capacity as the Mayor of Flint. Defendant Walling served as Mayor from August 4, 2009 until November 9, 2015. At all times relevant hereto, Defendant Walling was acting individually and in his official capacity as a Mayor of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
91. Defendant HOWARD CROFT (“Croft”) is sued in his official capacity as Director of Public Works for the City of Flint. At all times relevant hereto, Defendant Croft was acting individually and in his official capacity as a
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Director of Public Works for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
92. Defendant MICHAEL GLASGOW (“Glasgow”) is sued in his official capacity as Utilities Administrator for the City of Flint. At all times relevant hereto, Defendant Glasgow was acting individually and in his official capacity as Utilities Administrator for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
93. Defendant DAUGHERTY JOHNSON (“Johnson”) is sued in his official capacity as Utilities Administrator for the City of Flint. At all times relevant hereto, Defendant Johnson was acting individually and in his official capacity as Utilities Administrator for the City of Flint, and is sued for his participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
94. Defendant CITY OF FLINT is sued as the owner and operator of the public water system that provides potable water to the residents of Flint. At all times relevant hereto, Defendant City of Flint is sued for its participation in causing the Flint water crisis that continues to harm Plaintiffs and the Class.
95. Lockwood, Andrews & Newnam, P.C. ("LAN P.C.") is a Michigan professional corporation with its principal place of business at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. At all times relevant hereto, LAN P.C.
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held itself out to the world as a Lockwood, Andrews & Newnam, Inc. ("LAN Inc.") company. Upon information and belief, LAN P.C. was incorporated in 2008 by LAN Inc. after it was retained by Defendants to conduct studies and reports of the feasibility of a new water supply for the City of Flint. Upon information and belief, work and services provided by LAN P.C. were conducted at LAN Inc.'s Chicago, Illinois location.
96. LAN Inc. is a Texas corporation with its principal place of business at 2925 Briarpark Drive, Suite 400, Houston, Texas 77042. At all relevant times hereto, LAN Inc. conducted business in Genesee County through Defendant LAN P.C., at 1311 S. Linden Road, Suite B, Flint, Michigan 48532. LAN Inc. is a full-service consulting firm offering planning, engineering and program management services, including civil infrastructure engineering and municipal water treatment and design.
97. Leo A. Daly Company ("LAD") is a Nebraska corporation with its principal place of business at 8600 Indian Hills Drive, Omaha, Nebraska 68114. LAD is an international architecture/engineering firm, with nearly 800 professionals in 31 offices worldwide and projects in more than 87 countries and all 50 US states. Upon information and belief, LAD is the parent company of LAN Inc. and LAN P.C.
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98. Defendants LAN P.C., LAN Inc., and LAD are referred to collectively herein as, "LAN."
99. Veolia North America, Inc. is a Delaware corporation with its principal place of business at 200 East Randolph Drive, Suite 7900, Chicago, Illinois 60601.
100. Veolia North America, LLC ("Veolia N.A.") is a Delaware corporation with its principal place of business at 200 E Randolph Drive, Suite 7900, Chicago, Illinois 60601. Veolia N.A. designs and provides water, waste and energy management solutions to communities and industries across the country.
101. Veolia Water North American Operating Services, LLC is a Delaware Limited Liability Company with its principal place of business at 101 West Washington Street, Suite 1400 East, Indianapolis, Indiana 46204.
102. Veolia Environnement S.A. ("Veolia S.A.") is a French transnational corporation with its principal place of business at 36-38 Avenue Kleber, 75116, Paris, France. Veolia S.A. is a leading global provider of environmental management services, which include the supply of water, the treatment and recovery of municipal or industrial effluent, waste collection, processing and recycling, the supply of heating and cooling services and the optimization of
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industrial processes. Upon information and belief, Veolia S.A. is the parent corporation of Veolia N.A
103. The four above named Defendants shall be collectively referred to herein as "Veolia." Veolia maintains multiple offices in Michigan, regularly conducts business in Michigan, and has committed torts in Michigan, which are among the bases for personal jurisdiction.
III. JURISDICTION AND VENUE 104. This Court has subject matter jurisdiction over this civil action pursuant to the Safe Drinking Water Act, 42 U.S.C. § 300j-8(a) and the Lead and Copper Rule, 40 C.F.R. §§ 141.80-.91. 105. This Court also has jurisdiction pursuant to 28 U.S.C. § 1331, for cases concerning federal questions; 28 U.S.C. § 1343(a)(3) and (4), for civil rights actions; and 28 U.S.C. §§ 2201-2202, the Declaratory Judgment Act. 106. Venue is proper in this Court because Plaintiffs’ and Class Members’ claims arose in this judicial district, in Flint, Genesee County, pursuant to 28 U.S.C. §§ 102, 1391(b).
IV. FACTUAL ALLEGATIONS A. The City of Flint and Its Residents 107. The City of Flint, Michigan is located along the Flint River, approximately 60 miles northwest of Detroit. Flint sits in Genesee County and is
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the largest city in the county. According to the 2015 census, Flint is home to 99,002 residents, 27.3% (approximately 27,000) of whom are under 18 years of age and 8% (approximately 8,000) of whom are under 5 years of age. More than half of Flint's residents are African American. There are more than 50,000 housing units in Flint, Michigan and approximately 55% of those units are owneroccupied.
108. The City of Flint is the largest city in Genesee County Michigan, and is located 66 miles northwest of Detroit. There are approximately 100,000 residents in Flint, making it the one of the largest cities in Michigan.
109. Like the residents of any American city, residents of Flint rely on a steady supply of safe and clean water to go about their daily lives. Flint also has thousands of commercial and other non-residential properties whose owners rely upon clean and safe water.
110. Flint’s relative prosperity has paralleled that of the American automotive industry, growing exponentially during the first half of the twentieth century but experiencing catastrophic downturns in the last forty years as domestic car companies shuttered some plants and moved others. Flint's fate has been particularly tied that of its largest employer, General Motors. When General Motors downsized in the 1980s, closing facilities and laying off workers, Flint similarly witnessed substantial economic turmoil that continues to date.
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111. According to the most recent census, 41.6% of Flint's citizensPlaintiffs here - live at or below the poverty level. The median household income in Flint is just $24,679 - 7% lower than the median income in Michigan and 54% lower than the national median income.
112. In 2011, Flint's finances reached a critical place: an audit estimated a $25 million deficit overall and Flint's water supply fund showed a $9 million deficit. In 2011, Governor Snyder declared Flint to be in a financial emergency and the City entered receivership, with responsibility for governance of the City and operation of its utilities and other services, including its water supply, under the direction of Emergency City Governors who were appointed by the Governor and employed by the State.
113. Governor Snyder appointed Michael Brown as the Emergency Financial Manager in Flint effective December 1, 2011. The democratically elected offices of Flint were subordinate to Brown. According to state Congressman Dan Kildee, Brown was appointed to "simply do one thing and one thing only, and that's cut the budget- at any cost."
114. Flint has experienced several financial emergencies over the past two decades, and recorded a total debt of nearly $30 million during its first declared financial emergency 2002.
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115. In 2011, Defendant Snyder declared a second financial emergency in Flint and appointed Michael Brown as emergency manager to control its financial situation, pursuant to Public Act 436. Pursuant to Public Act 436, after a financial emergency is declared, the city is placed in state receivership, and the appointed emergency manager temporarily supplants the governing body and elected officials of the city.
116. While in state receivership and under the control of emergency manager Michael Brown, Defendant City of Flint faced crucial decisions about the future of its drinking water supply.
B. The City Switches Water Sources 117. Many decades ago, the City of Flint drew its water from the Flint River. This changed in 1967 when the City began purchasing its water through the Detroit Water and Sewerage Department ("DWSD") as its principal water supply, with the Flint River serving as a backup source in the event of water shortage or interruption of service from the principal source. 118. As part of its receivership, Flint began exploring ways to decrease costs associated with its water and sewer system. Water and sewer costs were the single largest expenditures in Flint's budget, rendering them obvious targets for cuts to address Flint's financial crisis. According to a September 2011 report by Rowe Professional Services, Flint could save money if
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it purchased its water from Karegnondi Water Authority (KWA) rather than the Detroit Water and Sewerage Department. However, because the KWA would require substantial new construction work, an immediate switch away from DWSD water would require Flint to reopen its shuttered municipal water treatment plant, which sourced its water from the Flint River.
119. In August 2012, Governor Snyder appointed Kurtz as Flint's new Emergency Manager. Four months later, Michigan Treasury officials met with Flint leaders to discuss alternative sources for Flint's drinking water, including the Flint River. The officials agreed to study two potential options for water sources: remaining with the Detroit Water and Sewer Department or switching to Genesee County's KWA.
120. In February 2013, Tucker, Young, Jackson & Tull, Inc. ("TYJT"), an engineering consulting firm retained by the State of Michigan, issued a report assessing the water supply alternatives for the City of Flint. According to its report, TYJT was retained "to provide an analysis of the water supply options to assist the Treasurer [of the State of Michigan] to provide an analysis of the water supply options to assist the Treasurer in determining any potential risk and the best course going forward for supplying potable water to the City of Flint."
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121. The TYJT assessment concluded that the cost of continuing to obtain water from Detroit likely would be lower than the costs of transitioning to the proposed KWA treatment plant. However, the report also noted that Flint had an interest in obtaining water "autonomy" vis-a-vis Detroit, and that transitioning to the KWA would serve that interest.
122. Although TYJT's report specifically noted that its assignment included advising the State on how to supply ''potable water to the City of Flint," the words "safe" and "safety" do not appear in the report. Additionally, while the report noted that questions had been asked as to whether there was a "transition plan" in place for the period during which the new KWA plant was under construction, and water was to be supplied from the Flint River, the report failed to identify the need to consider the health and safety issues that should have been considered in developing any such transition report, and did not include any assessment of those health and safety issues. Instead, the assessment in the report included only a discussion of financial considerations associated with the transition to the KWA, as well as the so-called "autonomy'' interest that ultimately overrode the relatively cost effective alternative of remaining with the Detroit water supply.
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123. On March 25, 2013, the Flint City Council voted to join KWA. The vote had no legal effect because, due to the receivership, the Emergency Manager had sole authority to authorize such a change.
124. The day after the City Council's vote, on March 26, 2013, Busch, the District Supervisor of the MDEQ emailed Wyant regarding the proposal to rely on the Flint River for Flint’s water. In that email, Busch outlined concerns regarding the health risks posed by switching to the Flint River as a water source. Specifically, he noted that use of the Flint River would, "[p]ose an increased microbial risk to public health," and "[p]ose an increased risk of disinfection byproduct." Despite this feedback, Wyant, the Director of the MDEQ, wrote Andy Dillon, Michigan's Treasurer to report that "[a]ll indications are that we are supportive" of joining KWA and using Flint's water as opposed to the DWSD.
125. Three days after Director Busch outlined his concerns, Emergency Manager Kurtz signed a resolution authorizing Flint to enter a contract with KWA. Treasurer Dillon approved that decision in April, 2013. In doing so, Dillion expressly noted that he was relying in part on the MDEQ's support of the project as well as Emergency Manager Kurtz's "representations that this deal will lead to substantial savings for the City over the coming decades.
126. In or around June 2013, Emergency Manager Kurtz hired LAN to advise the City with respect to using the Flint River as the City's water source
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during the construction of the new KWA treatment plan, which was projected to take approximately two years. LAN, which according to a January 15, 2015 City of Flint document entitled "Water System Questions and Answers," had previously advised the City regarding the design of an upgrade to the Flint Water Plant and that "quality control could be addressed."
127. In deciding to proceed with the transition to the Flint River, the City of Flint noted LAN's "extensive experience in this field," and relied upon LAN’s identification of the "engineering, procurement, and construction needs" for the project. Although the City recognized that water from the Flint River "would be more difficult to treat," the City concluded, based on LAN's recommendations, that the Flint River was "viable as a source" of the City's water. See City of Flint, Water System Questions & Answers (Jan. 13, 2015), available at http://mediad.publicbroadcasting.net/p/ michigan/files/201512/CoF-WaterSystem- FAQ-1-16-2015.pdf. LAN continued to advise the City with respect to its transition to the Flint River through 2015, and ultimately was paid more than $3.8 million for its engineering services. City officials, including then-Mayor Walling, relied upon LAN's advice in pronouncing the City's water to be safe.
128. In October 2013, Defendant Earley stepped in as the Emergency Manager for Flint. Emergency Manager Earley rejected an offer by DWSD to
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continue purchasing water from Detroit until the KWA pipeline could be completed and the City prepared to switch to the Flint River in April, 2014.
129. On April 9, 2014, the City received the necessary permits from MDEQ to draw Flint River water for distribution as the supply source for its water distribution system during the multi-year transition to the new KWA facility.
130. According to the official Michigan website, the MDEQ, "has primary enforcement authority in Michigan for the Federal Safe Drinking Water Act under the legislative authority of the Michigan Safe Drinking Water Act. As such, the division has regulatory oversight for all public water supplies, including approximately 1,500 community water supplies and 10,000 noncommunity water supplies. The program regulates the water well drilling industry. Michigan has nearly (1.12 million) households served by private wells, with approximately 15,000 domestic wells drilled each year. The DEQ also investigates drinking water well contamination, and oversees remedial activities at sites of groundwater contamination affecting drinking water wells."
131. Despite receiving these permits, the water system was not ready to become operational. According to an email from Flint's Laboratory & Water Quality Supervisor Glasgow on April 14, 2014,
I have people above me making plans to distribute water ASAP .... I was reluctant before, but after looking at the monitoring schedule and
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our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon . . . . If water is distributed from this plant in the next couple weeks, it will be against my direction.... I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda. 132. Glasgow's fears were well founded. The Flint water system was not prepared for the switch to Flint River water. The Flint River, it turned out, was contaminated with rock-salt chlorides washed into the river from road surfaces over the course of many harsh Michigan winters. The level of chlorides in the Flint River was eight times the levels provided in DWSD water. Chlorides are highly corrosive, and must be neutralized with anticorrosive agents before entering public water systems. 133. Eleven days after this email was sent, on April25, 2014, Flint's water system officially switched to the Flint River without implementing a necessary corrosion control protocol or otherwise addressing the concerns raised in Defendant Glasgow's email. C. Use of Flint River Water Immediately Causes Serious Problems
Including Bacteria Growth, Buildup of Dangerous Chemicals 134. Within weeks of switching water sources, complaints began to pour in from residents regarding the smell, taste, and color of the drinking water.
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135. Despite these complaints, then-Mayor Dayne Walling called the water a "safe, quality product," and claimed that "people are wasting their precious money buying bottled water."
136. His assurances of safety provided little comfort to residents who began to report that the water was making them ill. These concerns proved accurate when, on August 14, 2014, Flint's water tested above legal limits for total coliform and E. coli bacteria. The City issued boil water advisories on August 16, 2014 and September 5, 2014 in response.
137. To address the bacteria problem, the City treated the water with additional chlorine. However, as has been well known for decades, that in corroded pipes, chlorine preferentially reacts with the bare metal, instead of attacking solely bacteria. The addition of substantial amounts of chlorine to a water supply is thus ineffective in treating bacteria.
138. The use of chlorine to disinfect water produces various disinfection byproducts, including trihalomethanes (often referred to as Total Trihalomethanes or "TTHM"). In the presence of bare pipes not protected by a corrosion control protocol, more chlorine yields more TTHM. In low dosages, TTHM is harmless. High dosages pose serious health risks, however. For this reason, the EPA and various state agencies regulate TTHM levels.
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139. Almost immediately following Flint's bacterial problems, it became apparent that Flint's TTHM levels were alarmingly high. This should have been a red flag. It is well known in the scientific community that high TTHM levels can be a symptom of unprotected and corroding pipes
140. According to the World Health Organization (emphasis added): Chlorine . . . acts as a potent oxidizing agent and often dissipates inside reactions so rapidly that little disinfection is accomplished until amounts in excess of the chlorine demand have been added. As an oxidizing agent, chlorine reacts with a wide variety of compounds, in particular those that are considered reducing agents (hydrogen sulfide [H2S], manganese(II), iron(II), sulfite [S0 2 Br-, iodide [I-], nitrite). From the point of view of DBP [disinfectant by-product] formation and disinfection, these reactions may be important because they may be fast and result in the consumption of chlorine. 141. That is exactly what happened in Flint's water distribution system. To Flint, it seemed that the initial dosages of chlorine were not effective in treating bacteria, so they added more chlorine. Unfortunately, the problem was not that the dosage of chlorine was too low to treat the bacteria; rather, the chlorine was preferentially reacting with the bare pipes instead of solely attacking the bacteria. The pipes were bare because the Flint River's corrosive water had stripped away the pipe's protective coating. Now Flint had a second problem: the excess chlorine generated high levels of TTHM. On December 16, 2014, Flint's water tests revealed TTHM levels in excess of federal limits.
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142. Soon thereafter on December 31,2014, the first round of lead monitoring results showed 90th percentile lead level result of 6 parts per billion with two samples above action levels for lead (15 parts per billion). Importantly, however, these samples were not necessarily drawn from the highest risk homes as required by various environmental regulations.
143. None of the Governmental Defendants notified the public of these initial test results. However, on January 12, 2015, in response to water quality concerns, the state installed water coolers in state offices in Flint and gave state employees the option to use bottled water and provide bottled water to visitors. Unfortunately, the people of Flint were not given these options, resources, or information.
D. Concerns Regarding Flint’s Water Multiply Exponentially as Michigan Experiences an Outbreak of Legionnaires Disease and Initial Lead Concerns Emerge
144. As City and State officials were beginning to assess the extent of Flint's TTHM problems, another problem emerged in the summer of2014- the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires' disease.
145. Legionnaires' disease, or legionellosis, is a severe form of pneumonia which, when treated early enough, has a mortality rate of 20%; if left untreated, the mortality rate rises to 80%. Infection in humans occurs when
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water droplets contaminated with Legionella bacteria are inhaled or when water containing Legionella enters the trachea. Legionella has been extensively studied and the conditions for likely outbreaks of the disease are well understood.
146. Critically, Michigan and the MDEQ knew at least as early as October 1, 2014, that one of the causes of the bacterial contamination was the existence of iron pipes in the City's water distribution system. According to a briefing statement prepared by MDEQ and sent to Governor Snyder:
Most of the city's 550 miles of water mains are now over 75 years old and constructed of cast iron piping. Cast iron pipe is subject to internal corrosion, called tuberculation, which causes buildup on the pipe interior, leading to water quality issues, reduced flow and pressures, and leakage. Tuberculation also encourages the development of biofilms, layers of bacteria that attach to the interior pipe wall. 147. In addition to a rise in the reported incidence of Legionnaires' disease, MDHHS first noted another potential problem related to Flint's water in September 2014. According to an internal memo not circulated to the public until much later, MDHHS warned that lead poisoning rates "were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014." 148. Despite this knowledge, the Government Defendants took no steps to address the City's corrosion control problems. To the contrary, officials took
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affirmative steps to avoid publicly recognizing the role of corrosion in Flint's water problems.
149. On October 13, 2014, General Motors announced that it would stop using water from the Flint River at its engineering plant due to fears that it would cause corrosion. In response, Defendant Prysby wrote to Defendants Busch, Smith and others that the Flint River water had elevated chloride levels. He stated that "although not optimal[,]" the water was "satisfactory." He noted that he had "stressed the importance of not branding Flint's water as 'corrosive' from a public health standpoint simply because it does not meet a manufacturing facility's limit for production."
150. Despite the MDEQ's report that Flint's water tests revealed TTHM levels in excess of federal law, on January 6, 2015, Flint's former mayor, Dayne Walling, told Flint's residents the water was safe, assuring them that his family used it.
151. Three days later, on January 9, 2015, University of Michigan-Flint water tests revealed high lead levels in two locations on campus, causing the university to tum off certain water fountains.
152. Despite the well-known problems with bacteria and TTHMs and the slowly emerging concerns regarding lead contamination and Legionnaires' disease, Emergency Manager Earley rejected pleas by City Council members to
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stop using Flint River water and return to DWSD. Earley stated it would be too expensive to switch back to DWSD as Flint's water source; however, some reports indicate that Earley rejected an offer from DWSD to waive the $4 million reconnection fee if Flint wished to switch back to Detroit water.
153. Instead of switching back to the DWSD, additional assurances of the water's safety were relayed to residents. On January 13, 2014, Flint's Department of Public Works published a letter regarding Flint's water and the City's response. The letter was signed by Defendants Croft, Walling, and Ambrose and purported to assure concerned citizens that the City was taking steps to address the bacteria and TTHM problems with Flint's water. Critically absent from this letter was any mention of the role of corrosion in causing Flint's problems - despite internal documentation that they knew corrosion was involved or any warnings related to lead exposure or the presence of Legionella contamination.
E. LAN and Veolia – Retained to Render Flint’s Water System Safe – Do Just the Opposite, Worsening Flint’s Corrosion and Lead Problems
154. In the midst of growing concerns about the safety of its water, Flint engaged two engineering companies to provide their professional opinion regarding the necessary changes to render the water compliant with state and federal laws.
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155. First, the City engaged LAN. LAN had previously advised the City in connection with an upgrade to the Flint Water Plant and was not required to submit a bid for the new job. Rather, its services were retained by resolution. On June 26, 2013, it was resolved by Emergency Manager Kurtz, that the City would "enter into a Professional Engineering Services contract with Lockwood, Andrews & Newnam, Inc. for the administration of placing the Flint Water Plant into operation using the Flint River as a primary drinking water source at a cost of $171,000.00." In addition to Kurtz's signature, the resolution was also approved by Peter M. Bade, the Chief Legal Officer and Defendant Ambrose who was acting as the Finance Director at the time.
156. Initially, the City hired LAN to complete an "Operational Evaluation Rep01t 'OER' in conformance with EPA guidelines with the goal to determine the cause(s) of high levels of TTHM and evaluate possible solutions." The U.S. EPA.'s guidelines for completing an OER include examining whether there has been a change in water source or quality which includes an examination into the pH of the water. Additionally, the guidelines require an examination into whether there has been any change in chemical applications including changing dosage or chemicals.
157. The scope of LAN's assignment expanded overtime and LAN ultimately was paid approximately $3.8 million for work it performed in
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connection with the Flint water system between 2013 and 2015. As recently as November 2015, LAN was retained pursuant to a $907,000 "add-on" to its existing contract to advise the City regarding the transition to the new KWA plant. Throughout the relevant time period, City officials relied on LAN to use its professional expertise to properly advise them on how to maintain the safety, quality and reliability of the City's water supply.
158. In addition to its reliance upon the professional services provided by LAN, Flint also issued an Invitation to Bid for Professional Water Consultant Engineering Services. No other firm submitted a bid. Despite the extensive nature of the services requested, the price of Veolia’s bid was only $40,000. The City sought to engage an engineering company with a broad scope of work to "review and evaluate the water treatment process and distribution system, provide recommendations to maintain compliance with both state and federal agencies, and assist in implementing accepted recommendations." The Invitation to Bid further specified that the engineering firm would be asked to provide an "[e]valuation of the City's processes and procedures to maintain and improve water quality/' and a "[r]eport that outlines recommendations that will improve the water treatment and distribution system."
159. In response, Veolia submitted a bid and the City engaged Veolia's services. On February 10, 2015, Veolia and the City issued a joint press
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release to the community at large, indicating that Veolia was an "urban water expert" in "handling challenging river water sources" and that it would essentially be evaluating all of the City's water treatment processes.
160. The press release contained no limitation on Veolia's scope of work. David Gadis, the Vice President of Veolia North America's Municipal & Commercial Business stated, "We understand the frustration and urgency in Flint[.] We are honored to support your community with our technical expertise so that together we can ensure water quality for the people of the city of Flint." He continued, "We have extensive experience handling challenging river water sources, reducing leaks and contaminants and in managing discolored water." Based on these representations, the people of Flint had every reason to rely on Veolia's subsequent representations of safety.
161. LAN's and Veolia's performance of their professional duties fell far short of the appropriate standard of care employed by an engineer of ordinary learning, judgment, or skill. Specifically, LAN's and Veolia's professional negligence took two forms: (1) a failure to conduct a root-cause analysis that would have identified the need for corrosion control, and (2) the recommendation to add ferric chloride which rapidly increased the rate of corrosion in Flint and, correspondingly, the amount of lead that leached into Flint's drinking water.
1. LAN and Veolia Fail to Conduct a Proper Root Cause Analysis or Recommend Corrosion Control. 47

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162. Both LAN and Veolia were hired to ensure Flint's water system was compliant with federal and state environmental statutes after tests revealed TTHM concentrations in excess of federal limits. In February 2015, LAN issued its report "Trihalomethane Formation Concern," and on March 12, 2015, Veolia issued its report, "Flint Michigan Water Quality Report." Critically absent from either report was a root cause analysis identifying corrosion as a cause of Flint's high TTHM levels. LAN's and Veolia's failure to perform a root cause analysis constituted professional negligence.
163. A root cause analysis is a process designed for use in investigating and categorizing the root causes of events with safety, health, environmental, quality, reliability, and production impacts. The purpose of a root cause analysis is to identify why a given event occurred in addition to describing what occurred. Understanding why an event occurred is critical to developing effective recommendations for dealing with an event.
164. Providing engineering recommendations for addressing an event (such as high TTHM levels) without performing a proper root cause analysis to understand why the event occurred is the equivalent of a doctor performing heart surgery after a patient complains of chest pains - certainly surgery may be necessary to address the underlying cause of the patient's chest pains, but one cannot know without investigating the cause of the patient's symptoms.
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165. LAN and Veolia should have done a proper root cause analysis to determine the cause of the high TTHM concentrations, but they negligently did not. Had they done so, LAN and Veolia would have discovered that the Flint River, like many urban rivers, was highly contaminated with salt from road deicing operations that was likely corroding Flint's pipes. Salt is composed of sodium and chloride. Chloride is known to be very corrosive to iron pipes.
166. Having identified the root cause, they would have prompted the City to address the root issue- a course of action which would have prevented almost all of the tragic consequences that actually followed. Instead, both LAN and Veolia myopically focused on what they believed to be the sole cause of TTHM- poor disinfection effectiveness.
167. LAN's and Veolia's failure to conduct a root cause analysis recognizing the corrosion's role in Flint's water problems is truly inexplicable. Indeed, several characteristics of Flint's water system and related problems should have placed LAN and Veolia on high alert that pipe corrosion was a likely cause. The most rudimentary analysis would have confirmed this. Indeed, LAN and Veolia ignored several red flags that should have alerted them to the extensive corrosion and pH problems with Flint's water system.
168. For example, it should have been obvious to LAN and Veoliaas professed experts on water quality and treatment issues - that a small river in
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an urban environment, such as the Flint River, would be contaminated by chlorides from salt used in road de-icing operations during many Michigan winters. It is well known that chloride concentrations in northern U.S. rivers have increased dramatically over time with average concentrations approximately doubling between 1990 and 2011. This phenomenon is particularly evident in cold, urban settings, such as Flint, Michigan, where there is both significant snowfall and dense roadways requiring de-icing. Chloride contamination should have been obvious to water-engineering specialists such as LAN and Veolia given these characteristics.
169. Indeed, in February 2004, the MDEQ, the U.S. Geological Survey ("USGS"), and the City completed an assessment of the Flint River as a possible source of drinking water and concluded that it had a very high susceptibility to potential contamination sources. City of Flint, City of Flint 2014 Annual Water Quality Report (2014), https://www.cityofflint.com/wpcontent/uploads/CCR-2014.pdf.
170. Moreover, a simple comparison of the chloride levels in the Flint River with that provided by the DWSD, Flint's prior water source, would have quickly alerted LAN and Veolia to potentially serious corrosion issues as the Flint River contains about eight-times more chloride than the DWSDsupplied water.
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171. The Flint River water also had an extremely high chloride-tosulfate mass ratio ("CSMRn) of 1.6. Normally, a CSMR ratio of greater than 0.5 is a cause for serious concern. Had LAN or Veolia investigated the chloride-tosulfate ratio in the Flint River, as would be expected of an engineer of ordinary diligence, they would have immediately had reason to believe that Flint's CSMR posed serious corrosion risks.
172. The City's inability to effectively treat E. coli with chlorine should have likewise alerted LAN and Veolia to the existence of corrosion. It is well established by governmental authorities and the scientific community that the inability to treat E. coli with chlorine is often caused by heavily corroded piping. According to a study published by the U.S. EPA, high E. coli concentrations are a product of corrosion, and the inability to treat E. coli with chlorine was caused by corroded pipes. Flint's inability to treat E. coli with chlorine - and the resulting TTHM problem- should have placed LAN and Veolia on notice that Flint's pipes were corroding and releasing lead and other materials into the drinking water supply.
173. The uptick in reported cases of Legionnaires’ disease, reported during a press conference prior to LAN’s and Veolia’s retention, should have similarly put LAN and Veolia on notice that Flint’s water system exhibited signs of corrosion. Legionella, the bacteria that causes Legionnaires’ disease, grows on the film on the
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inside of pipes and is found in potable water. Legionella can exist in water distribution systems, including homes, hospitals, hotels, and any other building supplied with water. Legionella is transmitted into the air by plumbing equipment such as faucets, showerheads, hot water tanks, humidifiers, respiratory therapy equipment, and whirlpool baths where it is then inhaled, resulting in infection.
174. One of the most common causes of Legionnaires’ disease is exposure to impacted potable water. While Legionella is found widely throughout the environment, it is fairly rare that an outbreak occurs. Outbreaks are related to environmental factors, not person-to-person exposure. Flint’s outbreak of Legionnaires Disease indicated the presence of Legionella bacteria in Flint’s pipes and, relatedly, the likely presence of pipe corrosion.
175. Legionella exhibits several properties that allow them to persist in extreme environmental conditions such as low and high temperatures, presence of disinfectants, low pH, low nutrients and high salinity. Ideal growth conditions are in warm water between 35° and 46° Celsius (C) (95°–114.8° Fahrenheit (F)). These environmental conditions promote and protect Legionella growth due to the association between Legionella and biofilms, as well as their symbiotic and parasitic interactions with other microorganisms. They are also ideal conditions for pipe corrosion.
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176. Legionnaires’ disease is associated with biofilms and corrosion in piping systems, and water with a pH in the range of 5.0 to 8.5. All of these conditions were present in the Flint water supply, yet neither LAN nor Veolia made any recommendations to treat the water to prevent or abate an outbreak. LAN and Veolia should have known that the outbreak of Legionnaires’ disease was related to corroding pipes, and should have recommended steps to abate the corroded pipe and conditions causing corrosion.
177. Moreover, in constructing and maintaining drinking water systems, operational and procedural efforts must be taken to prevent the growth of Legionella, including an assessment of the quality of the source water and the installation, operation, and maintenance of systems to protect the installations from sludging, lime scale deposits, and corrosion. Neither LAN nor Veolia recommended any of these steps.
178. Finally, just the color of Flint’s water should have led any reasonable engineer to the conclusion that Flint’s pipes were dangerously corroded. The source of Flint’s water discoloration was rust, a product of corrosion. The presence of rust in the water should have suggested to LAN and Veolia that Flint’s water was corroding its pipes, and that there was thus a danger that lead was leaching into the Flint water system.
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179. Had LAN and Veolia conducted a proper root cause analysis, or even simply paid attention to any of the myriad warning signs presented to them, they would have been alerted to the significant corrosion problem and the lack of a proper corrosion control protocol.
180. In addition, it was also very well known in the scientific community that pipes, especially old municipal water service lines, contain lead and that corroded pipes leach lead into the drinking water supply. As just one of hundreds of examples, a summer 2010 report by the Water Research Foundation stated: “Lead concentrations in tap water are strongly influenced by distribution system water chemistry. In response to changes in water chemistry, high lead concentrations can also be observed in systems with no previous history of a lead problem. . . Lead corrosion products observed on lead pipes include lead(II) carbonates and phosphates and, more recently, lead(IV) oxide (PbO2(s)). Solubility and dissolution rates of corrosion products are affected by water chemistry parameters including pH, dissolved inorganic carbon, orthophosphate, and the concentration and type of disinfectant residual.”
181. To address systems such as Flint’s that still incorporate lead pipes, the federal government mandates corrosion control protocols in order to protect the public against the possibility of lead entering the drinking water due to corroding pipes. Concern over lead concentrations in drinking water motivated the passage
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of the Lead and Copper Rule (LCR) in 1991. The LCR requires utilities to implement methods to control lead corrosion if the 90th percentile of samples exceeds the action level of 0.015 mg/L. See 40 C.F.R. pt. 141, subpts. E and I.
182. Flint’s lack of a corrosion control protocol constituted a clear violation of the EPA’s Lead and Copper Rule. Given this violation, Veolia’s conclusion in its March 12, 2015 report that its “review of water quality records for the time period under our study indicates compliance with State and Federal water regulations” was clearly false.
183. Veolia suggested the implementation of corrosion control (here the addition of phosphates or other corrosion controls) as a possible, but not wholly effective means for minimizing water discoloration. Veolia’s report states, “The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water.” The report explains that, “Polyphosphate addition will not make discolored water issues go away.” Thus, rather than recognizing that corrosion control was required to render Flint’s water system compliant with federal regulations and prevent catastrophic corrosion, Veolia knew Flint did not have a corrosion control protocol and undermined the importance of installing one by stating that it was unlikely to be effective in addressing discoloration (without the slightest mention of the urgent need to implement this to address the severe lead contamination in the water). Even Veolia’s suggested dosage, 0.5 mg/L was
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far too low. The City is now adding four to eight times as much phosphate, 2 to 4 mg/L.
184. Veolia knew or should have known that the Flint water system was in violation of federal safe drinking water standards. Its affirmance that Flint was in compliance with federal environmental standards – a false assurance that Flint’s water was safe – wrongly instilled confidence in Flint’s water on behalf of both the City and its residents. As a direct and proximate result, Flint did not take further steps to resolve its water problems and the City’s residents continued to drink the water.
185. LAN, too, knew or should have known that Flint’s water was in violation of federal regulations. It should have immediately alerted Flint and its citizens to the corrosive blight eating away at Flint’s pipes and poisoning its residents; instead, it produced a bland report that implicitly endorsed Flint’s policy of neglect.
186. “Lead has been a challenge and a bane for water suppliers since historical times. . . . The numerous articles printed in leading scientific journals, in the United Kingdom and United States, in the late nineteenth century, documenting thousands of cases of lead poisoning caused by lead water pipes, have largely faded in the mist of history. These cases often resulted in death, paralysis, blindness, insanity, convulsions, miscarriages and still births.” Dr.
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Colin Hayes et al., Best Practice Guide on the Control of Lead in Drinking Water, Foreword (Dr. Colin Hayes ed. 2010) (hereinafter, “IWA Guide”).
187. LAN and Veolia should have quickly realized that the pipes were corroding and releasing lead and other elements into Flint’s water, and that the corrosive water was coursing through resident’s homes and businesses. LAN and Veolia negligently failed to make these basic observations and, as a direct and proximate result, pipes throughout Flint corroded. Had LAN and Veolia conducted any proper root cause analysis, they would have known that corrosion was causing Flint’s TTHM levels as well as a related lead problem. Their failure to conduct the proper analysis constituted professional malpractice.
2. LAN and Veolia Recommend Adding Ferric Chloride to Flint’s Water
188. Not only did LAN and Veolia fail to conduct any proper root cause analysis, they affirmatively made Flint’s corrosion problem worse by recommending the addition of ferric chloride – a very potent, corrosive acid – without the addition of an alkaline buffer to raise the pH. This exacerbated the problems with Flint’s water by rapidly increasing the rate of pipe corrosion and the amount of lead in the water.
189. Ferric chloride is a coagulant that is added at the water treatment plant to bind water impurities together so that they settle out of the water at the treatment plant. Ferric chloride is highly acidic and corrosive and, if unbuffered by an
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alkaline substance, will attack the pipes throughout the distribution system causing
lead and other materials from the pipes to be released into the drinking water.
Accordingly, it is universally agreed that to reduce corrosion, some form of
phosphate or other corrosion control must be added to coat the pipes. This industry
practice applies to minimizing the impact of ferric chloride, and indeed, chloride
from other sources (e.g., the Flint River). And, as discussed above, the
requirement to add a corrosion control is mandated by the Federal Safe Drinking
Water Act.
190. Veolia’s March 2015 report states that prior to arriving at its
conclusions, Veolia undertook “laboratory testing” and concluded that, “[c]urrent
ferric chloride dosages are too low and dosages of 100 mg/L or more are
recommended.” Veolia acknowledged that its recommended increase was
significant: “This increase to 100 mg/L is twice what is currently being fed and
much higher than what had previously been fed last year.”
191. Specifically, Veolia’s report states:
Increase of Ferric Chloride – Four coagulants were tested by Veolia ferric chloride, ferric sulfate, polyaluminum chloride (PACl) and aluminum chlorohydrate (ACH). Ferric chloride and ACH were found to be the best choice of product for effectiveness in removing TOC, a precursor to TTHM formation. Current ferric chloride dosages are too low and dosages of 100 mg/L or more are recommended. Again, please note, that the amount of chemical needed changes with the nature of the river and as such, water must be tested multiple times a day with corresponding changes in chemical dosages. This increase to 100 mg/L is twice what is currently being
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fed and much higher than what had previously been fed last year. The increase in chemical costs could be up to $1,000,000 per year. This change in dosage (using ferric chloride) can be made immediately without state permit review. (Emphasis added.) 192. At the same time that Veolia gave the unqualified opinion that the current dosage is “too low,” and should be doubled, Veolia knew that the City had no corrosion control protocol and knew (or should have known) that corrosion was already a significant problem in Flint. Veolia’s directive that the City double its dosage of ferric chloride was unqualified and in no way warned that ferric chloride could increase corrosion. Moreover, Veolia failed to inform the City that in order to increase the dosage of ferric chloride (or indeed to use any chloride at all) it must also raise the water’s pH and use phosphate to protect the pipes from corrosion. 193. In August, 2015, LAN made the same recommendation to increase the dose of ferric chloride: Increasing the dose rate of ferric chloride is an operational change that can easily be implemented without the need for any additional equipment. Test results show that over 40% THMFP removal can be obtained with a dosage of 60 mg/L Fe3+ or higher. Increased dosing of ferric chloride would be most ideal coupled with regular raw water TOC monitoring so that TOC levels would dictate the appropriate ferric chloride feed rate. 194. LAN and Veolia should have told the City that the addition of phosphate and a pH buffer was mandatory to prevent the leaching of lead from
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pipes – especially if the ferric chloride concentration was increased. No such
recommendation was made.
195. As a direct and foreseeable result of LAN’s and Veolia’s
recommendations, Flint increased the ferric chloride dosage without adding
corrosion controls.
196. The ferric chloride added to Flint’s water system at LAN’s and
Veolia’s suggestion caused substantially greater amounts of lead to leach into
Flint’s water supply.
197. The impact of acid on metal, which would include the pipes and
appliances in Flint, is well known to water experts. As indicated by the Centers for
Disease Control and Prevention:
Chemical additives are added to water during the water treatment process. More than 40 chemical additives can be used to treat drinking water. Many of these commonly used additives are acidic, such as ferric chloride and aluminum sulfate, which are added to remove turbidity and other particulate matter. . . . These acidic water treatment additives can interfere with corrosion protection. . . . Lead and copper are rarely detected in most drinking water supplies. However, these metals are a concern to consumers. Because some household plumbing fixtures may contain lead or copper, corrosive waters may leach (pick up) lead and copper from household plumbing pipes after entering a home. . . . The most common reason for water utilities to add corrosion inhibitors is to avoid lead and copper corrosion with older homes, and the second most common reason is to minimize corrosion of pipes in the distribution system. . . . The tendency of water to be corrosive is controlled principally by monitoring or adjusting the pH, buffer intensity, alkalinity, and concentrations of calcium, magnesium, phosphates, and silicates in the water.
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Centers for Disease Control and Prevention, Fluoridation of Drinking Water and Corrosion of Pipes in Distribution Systems Fact Sheet, http://www.cdc.gov/fluoridation/factsheets/engineering/corrosion.htm (last updated July 10, 2013).
198. A graph prepared by the Flint Water Study Group from Virginia Tech University shows that the pH of Flint’s water distribution system became more acidic after the Veolia Report was issued in March, even as the pH in the Flint River became less acidic:
199. The graph above shows that the Flint River had a pH at or above 8.0 S.U. for all of 2015, and steadily increased after June. By comparison, the graph shows that the pH in Flint’s municipal water supply started dropping steadily from 7.9 S.U. in March (just after Veolia made its recommendation to double the ferric chloride concentration) to 7.3 S.U. in August. This difference is significant. pH is measured on a logarithmic scale, which means that a pH of one whole number,
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such as 7.0 S.U., is ten times more corrosive than a pH of another whole number, such as 8.0 S.U. The drop in pH from 7.9 to 7.3 indicates a dramatic increase in the corrosivity of Flint’s water.
200. The graph above is punctuated with quotes from Defendants’ emails and other documents that illustrate the contradictory information provided by State officials regarding the existence of corrosion control measures and lead in Flint’s drinking water.
201. On June 24, 2015, the U.S. EPA reached a similar conclusion about the City’s addition of ferric chloride:
In addition, following the switch to using the Flint River, the City of Flint began adding ferric chloride, a coagulant used to improve the removal of organic matter, as part of the strategy to reduce the TTHM levels. Studies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network. Memorandum, High Lead Levels in Flint, Michigan - Interim Report, from Miguel A. Del Toral, Regulations Manager, Ground Water and Drinking Water Branch, to Thomas Poy, Chief Ground Water and Drinking Water Branch (June 24, 2015) (emphasis added). 202. The corrosivity of ferric chloride is well known. Ferric chloride is highly acidic, and has a pH < 1, which is equivalent to battery acid. See James DeWolfe, Guidance Manual for Coagulant Changeover at 52, (AWWA Research Foundation, 2003).
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203. The method for addressing the impact of ferric chloride is also well known. Because ferric chloride lowers the drinking water pH to corrosive levels, the standard procedure is to raise the pH to the neutral or even alkali ranges. “The water quality parameters that can impact the corrosion of distribution system and domestic piping systems include pH, alkalinity, TOC, aluminum, sulfate, chloride, hardness, oxygen levels, and disinfectant residual. Corrosion of lead and copper pipes has been described by various researchers. . . ” U.S. EPA Office of Water, Enhanced Coagulation and Enhanced Precipitative Softening Guidance Manual § 6.4, (EPA 815-R-99-012, May 1999) (hereinafter, “U.S. EPA Guidance”).
204. The EPA has further explained that, “[c]ontrolling corrosion in the distribution and domestic piping systems is dependent on multiple water quality parameters (listed above), all of which can change when enhanced coagulation or enhanced softening is implemented.” Id.
205. This is true because, “[i]f the raw water for a utility has a relatively high concentration of chloride and a history of lead corrosion problems, coagulants that add to chloride concentration should be avoided. Also, since a lower pH will increase corrosion in almost all cases, a utility should consider the finished water pH goal before implementing enhanced coagulation.” Id.
206. “Enhanced coagulation and enhanced softening may change the chemistry of the water entering the distribution system. Before enhanced
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coagulation or enhanced softening is implemented, the current corrosion control strategy should be reviewed. . . . If the recommended mitigation actions represent a major change in corrosion control, the utility can conduct pilot-scale (pipe loop) studies to confirm that the mitigation actions will meet the existing corrosion control goals.” Id.
207. “The vast majority of U.S. utilities were able to comply with [U.S. EPA’ s] lead and copper rule by: 1) pH and alkalinity adjustment, most frequently to the pH range of 9.0->9.5 for systems with extensive lead piping; 2) dosing of orthophosphate in the pH range of approximately 7.2 to 8.0 S.U.; or 3) the formation of insoluble PbO3 deposits through chlorination to high ORP [and sometimes concurrent adjustment to > 9 S.U.” IWA Guide at 46.
208. Fresh water can have widely ranging pH values depending on the geology of the drainage basin or aquifer and the influence of contaminant inputs. If the water is acidic, lime, soda ash, or sodium hydroxide can be added to raise the pH during water purification processes. LAN and Veolia should have recommended adding a stronger buffering agent such as sodium hydroxide or sodium carbonate to raise the pH in the water treatment system.
209. Both LAN and Veolia analyzed the pH in Flint’s water. Both made recommendations about the addition of chemicals that affect pH. Both were negligent in their analysis of the pH and their recommendations. Had the City
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started adding polyphosphate or otherwise controlled for corrosion, or avoided increasing the dosage of ferric chloride, Flint’s water would have been less corrosive and, relatedly, less lead would have leached into Flint’s water.
3. Veolia and LAN Mislead the Public, Falsely Assuring Them the Water Was Safe.
210. LAN and Veolia were hired for the express purpose of determining the cause of Flint’s water problems and identifying the corrective measures necessary to render Flint’s water system compliant with state and federal regulations.
211. LAN and Veolia entirely failed to satisfy the reasonable professional standard by conducting a root cause analysis which would have revealed that corrosion played a significant role in Flint’s TTHM levels and, relatedly, caused lead and other materials leaching into Flint’s water supply. Moreover, a proper root cause analysis would have revealed the complete absence of any corrosion control protocol as required by federal environmental statutes.
212. Despite recognizing that Flint did not have a corrosion control protocol as required by the Lead and Copper rule, LAN and Veolia’s reports implicitly and explicitly deemed Flint’s water system compliant with federal regulations. By doing so, LAN and Veolia wrongly accorded Flint’s water the imprimatur of safety.
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213. Accordingly, not only did the City of Flint fail to take the proper steps to render its water system compliant, but Plaintiffs and the Class were wrongly assured they could continue to drink Flint’s water. These false assurances had catastrophic results.
F. The Poisoning of Flint’s Water & Cover-Ups at Every Level 214. On February 26, 2015, the City of Flint tested LeeAnn Walters’s water for lead and the results were dangerously high. According to that test, the water at Ms. Walters’s home contained 104 parts per billion (ppb) of lead – nearly seven times the EPA’s 15 ppb limit. The City official who conducted the test, Defendant Glasgow, characterized the result as “very high.” Mr. Glasgow informed Ms. Walters, a mother of four, that he was, “[s]orry for this news,” but otherwise provided no guidance regarding the relative safety of the water, what was being done to solve the problem, or whether Ms. Walters and her family should continue drinking the water. 215. Ms. Walters turned to the EPA for guidance, forwarding the test results to the EPA. Jennifer Crooks of the EPA’s Region 5 office immediately reached out to Defendants Busch and Prysby at the MDEQ, “to alert you to the high lead levels reported to a citizen yesterday by Flint Water Dept. . . . Mike Glasgow at the plant . . . did test it to find that the iron levels were greater than his test would go; GT 3.3. But, because the iron levels were so high, he suggested
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testing for lead and copper. WOW!!!! Did he find the LEAD! 104 ppb. She has 2 children under the age of 3… Big worries here.”
216. Ms. Crooks further explained in her email, “[t]hat the different chemistry water is leaching out contaminants from the insides of the biofilms inside the pipes. I think Lead is a good indication that other contaminants are also present in the tap water, that obviously were not present in the compliance samples taken at the plant.”
217. Despite these “Big worries” and the risks to at least two small children, MDEQ still did nothing except advise Ms. Crooks that Ms. Walters’ home should be re-tested for lead, “after flushing the tap to demonstrate that flushing the tap will reduce the lead concentration.”
218. Ms. Crooks was quick to point out that flushing in advance of sampling would not solve the problem. She wrote, “The City can’t just flush in advance of taking the compliance samples, they have to flush the lines on a regular schedule.”
219. The Regulations Manager of the Ground Water and Drinking Water Branch of the EPA, Region 5, Miguel Del Toral, followed up with another question for MDEQ, which he asked Ms. Crooks to pass along. Ms. Crooks emailed Mr. Busch and Mr. Prysby the following on February 26, 2015: “Miguel
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was wondering if Flint is feeding Phosphates. Flint must have Optimal Corrosion Control Treatment-is it Phosphates?”
220. On February 27, 2015, MDEQ’s Stephen Busch unequivocally and falsely informed the EPA that, “The City of Flint . . . Has an Optimized Corrosion Control Program [and] Conducts quarterly Water Quality Parameter monitoring at 25 sites and has not had any unusual results.”
221. On March 3, 2015 – after the City increased its ferric chloride dosage to address TTHM levels – Ms. Walters’s home was retested and showed lead levels of 397, more than twenty-six times the legal limit. Again, Michigan, MDEQ, and the professional engineers retained to advise Flint regarding its water system, did nothing to investigate, ameliorate, or inform the public regarding the extreme hazard posed by the City’s water supply.
222. This result again prompted the EPA to contact MDEQ via telephone. MDEQ responded to the EPA in a voicemail, falsely stating, “that the high lead levels at the Walters’ home are due to lead sources in the homeowner’s plumbing.” A subsequent inspection by the EPA revealed this statement to be false. The internal pipes at the Walters’ house were all plastic and approved for drinking water use.
223. Ms. Walters first took her son to a local healthcare facility to have his blood tested for lead. The local facility reported blood levels of 3 µg/dL. Fearing
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that the local health department had a conflict of interest, Ms. Walters took her son to another facility to have his blood re-tested for lead on March 27, 2015. This test reported a blood lead level of 6.5 µg/dL – higher than the CDC’s 5 µg/dL threshold.
224. Ms. Walters brought this information to the attention of local health officials. Far from recognizing the danger posed by this result, Ms. Walters’s concerns were casually dismissed and even belittled. “He is barely lead poisoned,” Ms. Walters was told by a state nurse, “If CDC had not changed their lead poisoning standard from 10 down to 5, we would not be having this conversation.” The same nurse continued, “I am working with kids in their 40’s and 50’s. It is just a few IQ points . . . it is not the end of the world.”
225. Ms. Walters’s water was again re-tested on April 28, 2015. Those tests showed extremely high lead levels between 200 ppb and 13,200 ppb, with an average of 2,429 ppb. The legal limit is 15 ppb – accordingly, at the high-end, the lead in Ms. Walters’ home was 880 times the legal limit. These tests were conducted by scientists at Virginia Tech University, which reported a correlation between lead and phosphate that was consistent with the dislodging of the pipe scale from the service line. Virginia Tech assembled a volunteer group of scientists to investigate the Flint water system. That team, lead by Dr. Marc Edwards, a professor of civil engineering, created the Flint Water Study which has
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sought to compile information related to the Flint water crisis. In response to Virginia Tech’s results, the City, State, and MDEQ remained silent.
226. In May 2015, the City tested two additional sites and both tested above the legal limit. Moreover, these results likely underestimated the full extent of the lead problem because the sampling protocol used by the City involved “preflushing” before collecting samples. According to Mr. Del Toral, “pre-flushing before collecting compliance samples has been shown to result in the minimization of lead capture and significant underestimation of lead levels in the drinking water.” Pre-flushing, while not expressly prohibited, “negates the intent of the rule to collect compliance samples under ‘worst-case’ conditions.” No public announcements were made regarding the existence of lead in Flint’s drinking water.
227. Having seen no action from Michigan, MDEQ, or the City in response to its prior letter regarding the Walters’ high lead tests, Mr. Del Toral drafted and sent a memorandum to the EPA and several officials within MDEQ including Defendants Smith, Cook, Busch, and Prysby on June 24, 2015. In that memorandum, Mr. Del Toral stated that the EPA’s “major concern from a public health standpoint” was “the absence of corrosion control treatment in the City of Flint for mitigating lead and copper levels in the drinking water.”
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228. Mr. Del Toral specifically noted that the extent of the corrosion and corresponding lead in Flint’s water was directly related to the City’s use of ferric chloride to remove bacteria and reduce TTHM levels. Mr. Toral explained what any reasonable engineer should have already known, “[s]tudies have shown that an increase in the chloride-to-sulfate mass ratio in the water can adversely affect lead levels by increasing the galvanic corrosion of lead in the plumbing network.”
229. The importance of collecting samples that accurately depicted real world scenarios – in other words, scenarios where people did not allow their water to run for several minutes before drinking it – was incredibly important because, “compliance sampling results which are reported by the City of Flint to residents could provide a false sense of security to the residents of Flint regarding lead levels in the water and may result in residents not taking necessary precautions to protect their families from lead in the drinking water.”
230. It also has come to light that Michigan’s and the MDEQ’s initial tests for lead were not done in compliance with federal regulations. Specifically, water samples tested for lead during the first six months of 2015 were incorrectly labeled as having come from homes with lead service lines when, in truth, the samples had been taken from homes with underground plumbing made of copper,
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galvanized steel, or other materials that pose lower risks of corrosion, according to the City’s own documents.
231. The City’s and MDEQ’s failure to correctly identify its water samples as coming from homes facing lower risks of corrosion not only gave the City and the public a false sense of security regarding the presence of lead in Flint’s drinking water, this failure also constituted a violation of federal environmental laws which require water sampling be done at “high-risk” locations to ensure that high levels of lead or copper are detected as soon as possible. Lead service lines are most likely to leach lead into water and the American Water Works Association has stated that cities like Flint should have been collecting 50 percent of samples from such high-risk homes.
232. Defendant Glasgow has admitted that the City did not comply with required protocols in selecting samples. Michigan Live has reported that, in response to questioning, Defendant Glasgow claimed the City struggled to collect the number of samples required following the water source switch and, as a result, had to rely on samples from lower-risk households. He explained that Flint never assembled the proper records regarding the location of lead service lines and instead, was forced to rely on a hodgepodge of scattered records, which failed to accurately identify at-risk homes.
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233. Accordingly, Defendant Glasgow and the MDEQ violated federal environmental regulations by failing to properly collect samples from at-risk homes and, as a result, failed to promptly and fully identify the presence of lead in Flint’s drinking water. These failures both delayed corrective action and wrongly induced a belief among Flint’s citizens that the water was safe. Flint’s water crisis did not begin to get the attention it needed until Mr. Del Toral’s memorandum was leaked to the ACLU and the press, prompting lawsuits and investigations.
234. But even this memorandum failed to prompt the City, State, or MDEQ to action. Instead, and despite being in receipt of information to the contrary, public officials continued to maintain that the water was safe. On July 10, 2015, Defendant Wurfel of MDEQ stated in an interview with Michigan Public Radio, “anyone who is concerned about lead in the drinking water in Flint can relax. It does not look like there is any broad problem with the water supply freeing up lead as it goes to homes.”
235. According to internal emails and reports from MDEQ, on July 27, 2015, the MDEQ “scrubbed” Flint’s Lead and Copper Rule Report to remove two high lead results before releasing the report to the public – affirmatively misleading the public regarding the health threat posed by Flint’s water.
236. Concerns regarding corrosion of Flint’s pipes and corresponding lead levels continued to rise. In August 2015, a Virginia Tech study confirmed
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what many had long suspected: the Flint River was substantially more corrosive than Flint’s prior water source with about eight times the amount of chloride. In September, Virginia Tech’s analysis of water samples from 300 homes around Flint revealed many tests in excess of federal limits including a number of samples approaching levels considered “hazardous waste.” The problem was widespread: according to this report, 40% of the homes that were tested had elevated lead levels.
237. As evidence of a massive lead problem mounted in the fall of 2015, MDEQ officials continued to deny any concerns about the water. Defendant Wurfel tried to cast doubt on Virginia Tech’s test results and Defendant Wyant, the Director of MDEQ, falsely told reporters that the City’s use of lime controlled the corrosion and leaching of lead.
238. On September 24, 2015, Dr. Mona Hanna-Attisha, a pediatrician at Hurley Medical Center, released a study showing that the levels of lead in children tested after the City of Flint started using Flint River water were much higher than before the switch.
239. Specifically, Dr. Hanna-Attisha studied data from blood levels processed at Hurley Medical Center for children under 5 years of age residing in zip codes 48501-48507 and compared Elevated Blood Level (EBL) percentages for the period January 1, 2013 to September 15, 2013 with the period January 1, 2015
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to September 15, 2015. An EBL result was defined as a blood level in excess of 5 g/dL. This corresponds with the CDC’s recognized blood lead limits. According to her report, 2.1% of blood samples reported EBLs during the pre-switch 2013 period compared to 4% EBLs after the switch. In other words, the incidence of blood poisoning doubled after Flint switched water sources and LAN and Veolia recommended the addition of ferric chloride.
240. Tragically, Dr. Hanna-Attisha’s study revealed especially high incidence of EBLs for children 15 months of age and under. For those children residing in homes where drinking water tested high for lead, the rate of EBL is three times the pre-switch period. But no children in Flint are safe – even among those children who resided in areas of Flint that did not report high lead levels in the water, the incidence of lead poisoning nearly doubled. Moreover, the lead that was released from pipes now exists in sediment throughout the system and in the pipes and appliances in resident’s homes and businesses, and can become remobilized into the drinking water at any time. This demonstrates the significant impact of the water switch on the entire community: no matter where one resides in Flint, the risk of lead poisoning cannot be escaped.
241. Despite evidence that the Michigan Department of Health and Human Services was aware of EBLs as early as September 2014, Michigan’s HHSD spokesperson, Angela Minicuci, initially reported that blood lead levels in
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Flint had remained steady since the switch to Flint River. MHHSD later acknowledged that lead levels were increasing consistent with Dr. HannaAttisha’s findings.
G. Despite Admissions of Wrongdoing, Problems Continue Unabated 242. On October 16, 2015 – at least eight months after being notified of illegally high lead levels in the water and more than a year after public officials recognized that corroding pipes were causing contamination of the community’s water, the City switched back to using water from the Detroit Water and Sewer Authority. 243. In an email dated October 18, 2015, from MDEQ Director Wyant to Governor Snyder and other officials, Wyant admitted that Flint and the other governmental agencies had violated federal law by failing to implement optimized corrosion control. He wrote, “I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning.” 244. It was not until these mistakes came to light that Defendants took the steps necessary to begin to bring Flint into compliance with federal environmental laws. On October 30, 2015, Defendant Prysby emailed Defendant Glasgow, instructing him to institute the requisite corrosion control.
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245. By this point, however, the damage was done. The City acknowledged that it would take at least three weeks for water from the Flint River to flush out of the pipes. But even after that, the pipes were corroded to a point where the only viable means for ensuring the transportation of safe water into the homes and businesses of Flint’s residents was replacing the pipes.
246. Since the crisis first came to light, various entities have initiated investigations into the persons and entities that caused the crisis. The statesponsored Flint Water Advisory Task Force issued its final report in March, 2016. That report recognized that, “[u]ltimate accountability for Michigan executive branch decisions rests with the Governor,” but found misconduct on behalf of several persons and government entities.
247. Likewise, Congress has held hearings related to the Flint crisis, calling several individuals, including Governor Snyder to testify before the Committee. Critically, however, neither the state-sponsored Task Force nor the Congressional hearings have resulted in any compensation being awarded to Plaintiffs or the Class, nor have any of these investigations fully examined the role of LAN and Veolia in causing this crisis.
H. Personal and Property Damages Suffered by the Class
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248. As a direct, proximate and foreseeable cause of Defendants’ conduct, Plaintiffs and the Class have suffered extensive personal and property damage.
1. Lead’s Devastating Health Effects and Other Personal Injuries Caused by Flint’s Water Crisis.
249. Lead’s catastrophic effects are indisputable. According to the EPA, “[y]oung children, infants, and fetuses are particularly vulnerable to lead because the physical and behavioral effects of lead occur at lower exposure levels in children than in adults. A dose of lead that would have little effect on an adult can have a significant effect on a child. In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.”
250. According to the World Health Organization, “lead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. Lead exposure also causes anemia, hypertension, renal impairment, immunotoxicity and toxicity to the reproductive organs. The neurological and behavioral effects of lead are believed to be irreversible.”
251. The behavioral effects of lead poisoning in children cannot be overstated. According to many of the leading researchers on lead, increased lead
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levels in childhood are associated with an increased likelihood of ADHD behaviors, delinquent behaviors and arrests, including arrests involving violent offenses.
252. Lead is so harmful that, according to the EPA, “ingestion of lead can cause seizures, coma and even death.”
253. The effects of lead exposure are long lasting. The EPA has explained that, “[l]ead can accumulate in our bodies over time, where it is stored in bones along with calcium. During pregnancy, lead is released from bones as maternal calcium and is used to help form the bones of the fetus. This is particularly true if a woman does not have enough dietary calcium. Lead can also cross the placental barrier exposing the fetus to lead. This can result in serious effects to the mother and her developing fetus, including: reduced growth of the fetus [and] premature birth.”
254. Lead is also harmful to adults. The EPA warns that “[a]dults exposed to lead can suffer from: Cardiovascular effects, increased blood pressure and incidence of hypertension, [d]ecreased kidney function, [and] [r]eproductive problems (in both men and women).”
255. The costs of lead poisoning are real and substantial. It has been estimated that each case of childhood lead poisoning leads to $5.9 million in medical care costs over the course of appropriate treatment. Leonardo Trasande
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and Yinghua Liu, Reducing The Staggering Costs Of Environmental Disease In Children, Estimated At $76.6 Billion In 2008, Health Affairs, 30, no.5 (2011): 863870.
256. The World Health Organization explains that the direct medical costs of lead exposure include treatment for acute lead poisoning – typically chelation therapy – as well as the treatment of cardiovascular disease in adults who develop hypertension following lead exposure.
257. Given the long-lasting risks of lead exposure, and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs and the Class will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.
258. Additionally, as described more fully above, the water crisis in Flint caused an outbreak of Legionnaires’ disease. As explained above, the presence of Legionella was a direct and proximate result of the switch to the Flint River as a water source and related conduct. At least 87 members of the Class contracted Legionnaires’ and at least nine died. Those members of the Class who became infected with Legionnaires’ disease suffered death, and for those who lived, incurred pain and suffering as well as substantial medical costs due to Defendants’ conduct.
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259.

Finally, as a direct and proximate result of Defendants’

conduct, Plaintiffs and the Class have suffered extreme emotional distress.

2. Flint’s Children: Catastrophic Lifetime Losses

260. Flint’s most vulnerable – its children – have suffered the most

disastrous consequences from lead exposure – diminished potential over the entire

course of their lives. The World Health Organization states, “[t]hese costs are

sometimes referred to as lost opportunity costs. Using a conservative estimate, the

decrease in intelligence attractable to each 1 µg/dl increase in blood lead level is

0.25 IQ points, and the decrement in lifetime economic productivity associated

with lost IQ point is 2.4%. When exposure to lead is widespread in a society, the

aggregate loss of intelligence (and thus economic productivity) can be substantial.”

261. Notably, this estimate is conservative as it relates solely to lost

earning potential and does not include costs related to special educational, medical,

sociological, disability and occupational services, or long-term monitoring and

treatment costs.

262. According to an analysis of the economic losses attributable to lead

exposure in 2009, “[t]he present value of Michigan’s economic losses attributable

to lead exposure in the 2009 cohort of 5 year-olds ranges from $3.19 billion (using

U.S. blood lead levels) to $4.85 billion (using Michigan blood lead levels) per

year in loss of future lifetime earnings.” Michigan Network for Children’s

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Environmental Health, The Price of Pollution: Cost Estimates of EnvironmentRelated Childhood Diseases in Michigan (June 2010). This report, of course, does not include estimates of the fallout from Flint’s lead crisis.
263. Other researchers have estimated the economic impact of childhood lead poisoning to be as high as $50.9 billion per year in lost economic productivity resulting from reduced cognitive potential from preventable childhood lead exposure. See supra, Trasande & Liu.
264. As a direct and proximate result of Defendants’ conduct, Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services and related education assistance programs.
3. Property Damages Caused by Defendants’ Conduct 265. In addition to the devastating health effects and lost economic productivity caused by lead exposure, Defendants’ conduct, as described above, has caused significant property damage. 266. The property damages sustained by Plaintiffs and the Class fall into three basic categories. First, the Plaintiff- and Class-owned pipes and appliances themselves have corroded, shortening their life span, and causing further damage when they break. Second, the corroded pipes and appliances remain a continuing
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source of lead and potentially Legionella – thus, pipes and appliances must be replaced or else remain a continuing source of harmful exposure. Finally, the value of Plaintiffs’ and the Class’s real property has been substantially diminished as a result of the continuing questionable safety of Flint’s water and existence of corroded pipes and appliances.
267. Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply.
268. The residents’ homes have been affected in the same fashion. Even with the addition of phosphate, their pipes and appliances will remain corroded until replaced, and continue to be a source of lead and potentially Legionella. Solubilized and particulate lead and Legionella remain in portions of the piping system and appliances, and can become remobilized at any time, causing further damage and health effects.
269. The effect of corrosive water on residential and commercial piping and appliances is well understood. For example, a 2014 study by the Water Research Watershed Center stated: “[w]ith respect to the corrosion potential of YOUR drinking water, the primary concerns include the potential presence of
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TOXIC Metals, such as lead and copper; deterioration and damage to the household plumbing, and aesthetic problems such as: stained laundry, bitter taste, and greenish-blue stains around basins and drains.”
270. The Water Research Watershed Center has further explained that, “The cost of corrosion can be expensive. Corrosion can impact you and your family’s health, aesthetic quality of your water, waste money, and damage your household piping and fixtures.”
271. Not only does corrosion cause the “premature failure of household plumbing and plumbing fixtures,” the Water Research Watershed Center has explained, corrosion also “decreases the efficiency of hot water heaters and may cause premature failure to the heater.” Moreover, residents have already reported damage to major appliances such as dishwashers and washing machines following Flint’s decision to switch water sources.
272. According to emails from Governor Snyder’s office, the State estimates that replacing Residents’ pipes alone could cost between $6,000 and $8,000 per household. Other estimates of those replacement costs are far higher.
273. Corroded pipes not only present a continuing health threat, they risk further damage to one’s property because corrosion can result in deep pits in the pipe or tank walls that can eventually break, causing substantial water damage to homes and businesses.
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274. Although the City has stated it intends to begin replacing some Cityowned pipes, this is far from sufficient to render Flint’s water safe. Sergio Kapusta, a fellow at NACE International, an industry organization that develops corrosion prevention and control standards in Houston, has explained that “changing all the mains in the city will not really solve the problem for the homeowners” because the lead piping in these homes probably has been severely compromised. “The corrosion is not going away. It’s still there.”
275. Plaintiffs and the Class have been left to pay for the damage caused by Defendants. This has proven nearly impossible as many of the City’s residents survive on very little money. To make matters worse, the Washington Post has reported that, “many in Flint say banks are refusing to offer refinancing that could free up money to pay for the retrofitting, and that the costs are not covered by insurance. The crisis has created a perfect storm to strip their houses of their remaining value, they say.”
276. Replacing the piping and affected appliances in each home and business is the only way to guarantee that a home or business will be unaffected by corrosion and lead. The cost of such replacements will range into the tens of thousands, if not more, per structure.
277. Moreover, the problems associated with Flint’s water have had and are having a significant impact on residential and commercial property values and
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rental rates in the City. As Daniel Jacobs, an executive with Michigan Mutual explained, “[t]he tragedy is an already depressed community is now likely to see housing values plummet not only because of the hazardous water, but because folks cannot obtain financing.”
278. Certain banks and mortgage companies have refused to make loans, unless the borrower establishes that its water is potable. A Wells Fargo & Co. spokeswoman said it is reviewing government lending guidelines: “[u]ntil [water] testing and potability is affirmed, it will be difficult to lend,” said the spokeswoman, who said such difficulties would apply to all lenders. Representatives from Bank of America and J.P. Morgan similarly have acknowledged requiring verification of potable water to provide financing to Flint’s residents. Lenders claim their hands are tied. As the Federal Housing Administration, which backs loans to less-creditworthy borrowers, explained, government regulations require “a continuing and sufficient supply of safe and potable water” to provide home financing.
279. This creates a true catch-22. Despite having switched back to receiving its water from DWSD, the current extent of corrosion in Flint renders the water unsafe because the pipes and appliances will remain corroded and sources of lead until they are replaced. However, residents cannot obtain financing to replace their pipes and appliances until the water is deemed safe.
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V. CLASS ACTION ALLEGATIONS 280. Plaintiffs bring this action and seek to certify and maintain it as a class action under Rules 23(a); (b)(1) and/or (b)(2); and (b)(3) of the Federal Rules of Civil Procedure on behalf of themselves and similarly situated individuals in the City of Flint, Michigan, subject to amendment and additional discovery as follows: a. All persons and entities that have resided in, or owned or rented
property in, the City of Flint, Michigan since April 25, 2014.
281. Excluded from the Class is: a. Defendants, including any entity or division in which Defendants have a controlling interest, along with their legal representative, employees, officers, directors, assigns, heirs, successors, and wholly or partly owned subsidiaries or affiliates; b. the Judge to whom this case is assigned, the Judge’s staff, and the Judge’s immediate family; and c. all governmental entities.
282. Plaintiffs reserve the right to amend the Class definition if discovery and further investigation reveal that any Class should be expanded, divided into additional subclasses, or modified in any other way.
NUMEROSITY AND ASCERTAINABILITY 283. This action meets the numerosity requirement of Fed. R. Civ. P. 23(a)(1), given that the amount of affected Flint residents and property owners, upon information and belief, has reached the tens of thousands, making individual joinder of class members’ respective claims impracticable. While the precise
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number of class members is not yet known, the precise number can be ascertained from U.S. Federal Census records, State of Michigan and City of Flint public records, and through other discovery. Finally, Class members can be notified of the pendency of this action by Court-approved notice methods.
TYPICALITY 284. Pursuant to Federal Rules of Civil Procedure 23(a)(3), Plaintiffs’ claims are typical of the claims of class members, and arise from the same course of conduct by Defendants. Plaintiffs’ persons and real property, like all Class Members, has been damaged by Defendants’ misconduct in that they have incurred damages and losses related to the introduction of highly corrosive water from the Flint River into the public water supply, causing lead contamination and personal injury damages, destroying the lead supply pipes, and causing the ongoing water crisis in Flint. Furthermore, the factual bases of Defendants’ actions and misconduct are common to all Class Members and represent a common thread of misconduct resulting in common injury to all Class Members. The relief Plaintiffs seek is typical of the relief sought for absent Class Members.
ADEQUACY OF REPRESENTATION 285. Plaintiffs will serve as fair and adequate class representatives as their interests, as well as the interests of their counsel, do not conflict with the interest of
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other members of the class they seek to represent. Further, Plaintiffs have retained
counsel competent and experienced in class action litigation.
286. Plaintiffs and their counsel are committed to vigorously prosecuting
this action on behalf of the Class.
PREDOMINANCE OF COMMON ISSUES
287. There are numerous questions of law and fact common to Plaintiffs
and Class Members that predominate over any question affecting only individual
Class Members, the answers to which will advance resolution of the litigation as to
all Class Members. These common legal and factual issues include the following:
a. whether Defendants engaged in the conduct alleged herein; b. whether LAN and Veolia committed professional malpractice when
they failed to conduct a root cause analysis and recommended Flint double its dosage of ferric chloride without adding a buffering agent and sufficient corrosion control; c. whether Defendants’ conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein; and d. the extent to which Defendants know about the lead contamination of the Flint water supply after April 2014 and before notifying Plaintiffs and Class Members; e. whether Defendants knew or should have known that Flint’s water supply indicated the presence of legionella; f. whether Defendants took steps to conceal the presence of lead in Flint’s water supply or otherwise falsely assured Plaintiffs and the Class that Flint’s water was safe; g. whether Defendants’ conduct violates the Safe Drinking Water Act, the Constitution of the United States, and other laws as set forth herein; h. whether Defendants made unlawful and misleading representations or material omissions with respect to the safety of Flint’s water supply; and
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i. whether Plaintiff and Class Members are entitled to damages and other monetary relief, including punitive damages, and if so, in what amount. SUPERIORITY
288. The class action mechanism is superior to any other available means of the fair and efficient adjudication of this case. Further, no unusual difficulties are likely to be encountered in the management of this class action. Given the great amount of Flint residents impacted by Defendants’ conduct, it is impracticable for Plaintiffs and the Class to individually litigate their respective claims for Defendants’ complained of conduct. To do so would risk inconsistent or contradictory judgments and increase delays and expense to both parties and the court system. Therefore, the class action mechanism presents considerably less management challenges and provides the efficiency of a single adjudication and comprehensive oversight by a single court. Medical Monitoring
289. As a direct and proximate result of the Defendants’ acts, omissions, and conduct as set forth in this Amended Complaint, Plaintiffs and the Class have suffered and continue to suffer a significantly increased risk of contracting a serious injury or latent disease, including, but not limited to, several forms of cancer, respiratory ailments, gastrointestinal ailments, sleep disturbance, and physical stress. This increased risk makes periodic diagnostic medical
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examinations reasonably necessary to establish a "baseline" status of their health and to monitor their status for changes and progressions in their injuries and their sequelae.
290. Early detection and diagnosis of these diseases is clinically invaluable as early detection and diagnosis can prevent, reduce, and/or significantly delay resulting discomfort, suffering, disability, and dysfunction, and/or death. Furthermore, these conditions can often appear asymptomatic absent proper testing until they have progressed to an untreatable, permanent, and/or terminal state.
291. Easily administered, cost-effective monitoring and testing procedures exist that make the early detection and treatment of such injuries or diseases possible and beneficial. For example, administration of these readily available non-invasive tests can easily and accurately diagnose the presence of liver failure, respiratory ailments, and heart dysfunction, even in asymptomatic individuals. Early diagnosis of these diseases and conditions will allow prompt and effective treatment and will reduce the risk of morbidity, and mortality, from which these Plaintiffs and the Class would suffer if diagnosis and/or treatment were delayed until their conditions became overtly symptomatic.
292. The recommended testing procedures will be subject to expert testimony at the time of trial.
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293. Plaintiffs and the Class are at a high risk for latent and progressive
respiratory injuries and therefore need to undergo testing. Plaintiffs and the Class
also need the availability of non-invasive testing as a diagnostic tool and method of
treatment in order to prevent untreated and unabated progression of latent injuries,
which will result in even more grave injuries and consequences.
294. The Plaintiffs and Class Members increased susceptibility to certain
injuries and the irreparable threat to the their future health and well-being resulting
from their exposure to hazardous substances and chemicals in and around their
homes, schools, businesses and other public places in the City of Flint can only be
mitigated and/or addressed by the creation of a medical program including but not
limited to:
a. notifying Plaintiffs and the Class of the potential harm from exposure to the contamination described herein;
b. funding further studies of the long-term effects of exposure; c. funding research into possible cures for the detrimental effects of
breathing, living and working near the contaminants and toxicants present in the City of Flint as a result of the acts and omissions alleged herein; d. gathering and forwarding to their treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) in and around the City of Flint; and e. aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of Plaintiffs and the Class.
295. To the extent that Defendants' actions resulted in the discharge and/or
release of lead into Flint’s drinking water, thereby entering and injuring the
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physical and mental well-being of Plaintiffs and the Class, their real and personal property, and their economic interests, Defendants are jointly and severally liable for all damages from contamination in this case.
DECLARATORY AND INJUNCTIVE RELIEF 296. Since Defendants have acted or refused to act on grounds generally applicable to Plaintiffs and Class Members, final injunctive and declaratory relief is appropriate with respect to the Class as a whole.
VI. CAUSES OF ACTION AS AND FOR A FIRST CAUSE OF ACTION: VIOLATION OF SAFE DRINKING WATER ACT’S NOTIFICATION REQUIREMENTS, 40 C.F.R. § 141.85
(As against the Governmental Defendants) 297. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 298. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council. 299. Defendant City of Flint owns and operates a “public water system” pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(f); 40 C.F.R. §141.2. 300. Since April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by failing to comply with the requirement that
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water systems notify customers of the individual results of tap water samples collected and tested for lead within thirty days after the water system receives the results. 40 C.F.R. § 141.85(d)(1),(d)(2).
301. For all monitoring conducted since the switch to the Flint River was made on April 24, 2015, Defendants have failed to notify Plaintiffs, the Class and those residing at each sampling site of the presence of elevate lead levels in the public water supply.
AS AND FOR A SECOND CAUSE OF ACTION: VIOLATION OF SAFE DRINKING WATER ACT’S REQUIREMENT TO OPERATE OPTIMAL CORROISON
CONTROL TREATMENT, 40 C.F.R. § 141.81-.82 (As against the Governmental Defendants)
302. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
303. Defendants were given written notice of this violation of the Safe Drinking Water Act pursuant to 42 U.S.C. § 300j-8(b) on November 16, 2015, by the Concerned Pastors for Social Action, Melissa Mays, the American Civil Liberties Union of Michigan, and the Natural Resources Defense Council.
304. Defendant City of Flint owns and operates a “public water system” pursuant to the Safe Drinking Water Act. 42 U.S.C. § 300(f); 40 C.F.R. §141.2.
305. Since the switch to the Flint River was made on April 24, 2015, Defendants have violated and continue to violate the Safe Drinking Water Act by
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failing to operate and maintain optimal corrosion control treatment. 40 C.F.R. §
141.82(g).
306. Defendants have failed to maintain optimal corrosion control
treatment because it did not treat the water being sold to Flint residents with
corrosion-inhibiting chemicals to minimize the amount of lead leaching into the
public water supply.
307. The absence of optimal corrosion control treatment caused and
continues to cause dangerous amounts of lead to enter the public water supply
relied upon by Plaintiffs and the Class.
AS AND FOR A THIRD CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983
SUBSTANTIVE DUE PROCESS – STATE CREATED DANGER (as against all Defendants)
308. Plaintiffs incorporate and re-allege each allegation set forth in the
preceding paragraphs of this Amended Complaint.
309. 42 U.S.C. § 1983 provides that:
Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress . . .
310. Plaintiffs and the Class in this action are citizens of the United States
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311. All Defendants, at all times relevant hereto, were acting under the color of law in their individual and official capacity as State and City officials, and their acts and/or omissions were conducted within the scope of their official duties and employment.
312. Plaintiffs and the Class herein, at all times relevant hereto, have a clearly established Constitutional right under the Fourteenth Amendment, such that the state may not deprive a person of life, liberty or property without due process of law.
313. Defendants’ actions and omissions with regard to the switch to the Flint River, as described herein, were objectively unreasonable in light of the facts and circumstances confronting them, and therefore violated the Fourteenth Amendment rights of Plaintiffs and the Class.
314. Defendants’ actions and omissions with regard to the switch to the Flint River, as described herein, were also malicious and/or involved reckless, callous, and deliberate indifference to Plaintiffs’ and Class Members’ federally protected rights. These actions and omissions shock the conscience and violated the Fourteenth Amendment rights of Plaintiffs and the Class.
315. Defendants engaged in the conduct described herein, willfully, maliciously, in bad faith, and in reckless disregard to Plaintiffs’ and Class Members’ protected constitutional rights.
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316. They did so with shocking and willful indifference to Plaintiffs’ and Class Members’ rights and their conscious awareness that they would cause Plaintiffs and the Class severe physical and emotional injuries.
317. As a proximate result of Defendants’ unlawful conduct, Plaintiffs and the Class have suffered actual physical and emotional injuries, and other damages and losses as described herein entitling them to compensatory and special damages, in amounts to be determined at trial. As a further result of Defendants’ unlawful conduct, Plaintiffs and the Class have incurred special damages, including medically related expenses and may continue to incur further medically and other special damages related expenses, in amounts to be established at trial.
318. Plaintiffs and the Class are entitled to an award of non-economic damages in the nature of pain and suffering, embarrassment, outrage, mental anguish, fear and mortification, and stress related physical symptoms such as sleepiness, gastro-intestinal discomfort, neuropathy and similar symptoms.
319. Plaintiffs and the Class have experienced property damage to their homes in the nature of lost property value and seek damages to remediate the permanent damage caused by the use of corrosive water without proper anticorrosive treatment.
320. In addition to compensatory, economic, consequential and special damages, Plaintiffs and the Class are entitled to punitive damages against each of
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the individually named Defendants under 42 U.S.C. § 1983, in that actions of each of these Defendants have been taken maliciously, willfully or with a reckless or wanton disregard of the constitutional rights of Plaintiffs and the Class.
AS AND FOR A FOURTH CAUSE OF ACTION: VIOLATION OF 42 U.S.C. § 1983
SUBSTANTIVE DUE PROCESS – BODILY INTEGRITY (as against all Defendants)
321. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
322. 42 U.S.C. § 1983 provides that: Every person, who under color of any statute, ordinance, regulation, custom or usage of any state or territory or the District of Columbia subjects or causes to be subjected any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges or immunities secured by the constitution and law shall be liable to the party injured in an action at law, suit in equity, or other appropriate proceeding for redress . . . 323. Plaintiffs and the Class in this action are citizens of the United States and all of the Defendants are persons for purposes of 42 U.S.C. § 1983. 324. All Defendants, at all times relevant hereto, were acting under the color of law in their individual and official capacity as State and City officials, and their acts and/or omissions were conducted within the scope of their official duties and employment.
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325. Plaintiffs and the Class herein, at all times relevant hereto, have a clearly established Constitutional right under the Fourteenth Amendment, such that a person has a right to bodily integrity.
326. Defendants violated Plaintiffs’ and the Class Members’ right to bodily integrity, insofar as Defendants failed to protect Plaintiffs and the Class from a foreseeable risk of harm from the lead contaminated water.
327. Defendants knew of the deadly and irreversible medical consequences associated with lead contamination, and their duty to ensure that lead levels in the public water supply remained below the action level enumerated in the Lead and Copper Rule.
328. As a result of Defendants failure to protect Plaintiffs, the Class and the Flint drinking water supply from the lead contamination, Plaintiffs and the Class have suffered bodily harm from their exposure to contaminated water.
329. Defendants’ actions and omissions with regard to the switch to the Flint River, as described herein, were malicious and/or involved reckless, callous, and deliberate indifference to Plaintiffs’ and Class Members’ federally protected rights. These actions and omissions shock the conscience and violated the Fourteenth Amendment rights of Plaintiffs and the Class.
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330. Defendants engaged in the conduct described herein, willfully, maliciously, in bad faith, and in reckless disregard to Plaintiffs’ and Class Members’ protected constitutional rights.
331. They did so with shocking and willful indifference to Plaintiffs’ and Class Members’ rights and their conscious awareness that they would cause them severe physical and emotional injuries.
332. As proximate result of Defendants’ unlawful conduct, Plaintiffs and the Class have suffered actual physical and emotional injuries, and other damages and losses as described herein entitling them to compensatory and special damages, in amounts to be determined at trial. As a further result of Defendants’ unlawful conduct, Plaintiffs and the Class have incurred special damages, including medically related expenses and may continue to incur further medically and other special damages related expenses, in amounts to be established at trial.
333. Plaintiffs and the Class are entitled to an award of non-economic damages in the nature of pain and suffering, embarrassment, outrage, mental anguish, fear and mortification, and stress related physical symptoms such as sleepiness, gastro-intestinal discomfort, neuropathy and similar symptoms.
334. Plaintiffs and the Class have experienced property damage to their homes in the nature of lost property value and seek damages to remediate the
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permanent damage caused by the use of corrosive water without proper anticorrosive treatment.
335. In addition to compensatory, economic, consequential and special damages, Plaintiffs and the Class are entitled to punitive damages against each of the individually named Defendants under 42 U.S.C. § 1983, in that actions of each of these Defendants have been taken maliciously, willfully or with a reckless or wanton disregard of the constitutional rights of Plaintiffs.
AS AND FOR A FIFTH CAUSE OF ACTION: Negligence
(as against all Defendants) 336. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 337. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. 338. Defendants, individually and collectively, breached their duty of reasonable care by allowing contaminants to be released into the drinking water of the City of Flint, including but not limited to lead. 339. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property
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and/or to act reasonably to minimize the damage to Plaintiffs, the Class and their property.
340. Defendants breached that duty by failing to act reasonably in providing Plaintiffs and the Class usable water. Furthermore, Defendants failed to take reasonable, adequate and sufficient steps or action to eliminate, correct, or remedy any contamination after they occurred.
341. Defendants further breached that duty by failing to timely notify the Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in the homes, businesses and rental properties of Plaintiffs and Class Members.
342. As a result of Defendants’ breaches of their duty to timely notify, Plaintiffs and the Class were forestalled from undertaking effective and immediate remedial measures, and Plaintiffs and the Class have expended and/or will be forced to expend significant resources to test, monitor, and remediate the effects of Defendants’ negligence for many years into the future.
343. Defendants negligently breached their duties to the Plaintiffs and the Class to ensure that the Flint water supply was safe and sufficiently secure as to prevent the release of the contaminants into the water facilities and, consequently, the homes and rental properties of Plaintiffs and Class Members.
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344. Defendants willfully and wantonly breached their legal duty to properly remediate the contamination despite full knowledge of the extent of the contamination and the threat it poses to human health and safety.
345. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
346. As a direct and proximate result of Defendants’ negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
AS AND FOR A SIXTH CAUSE OF ACTION: Intentional Infliction of Emotional Distress (as against all Defendants)
347. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
348. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. As alleged herein, Defendants intentionally and/or recklessly engaged in conduct that had the direct and foreseeable result of causing Plaintiffs
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and the Class serious emotional distress. Defendants’ outrageous conduct in causing, prolonging, and obscuring Plaintiffs’ exposure to toxic, lead contaminated water exceeds all bounds of decency in a civilized society. Defendants knew that Plaintiffs’ distress was certain, or substantially certain to result from their conduct, or Defendants acted in deliberate disregard of a high degree of probability that the Plaintiffs and the putative class would suffer emotional distress as a result.
349. Defendants’ outrageous conduct caused severe distress to Plaintiffs and the Class and was the proximate cause of Plaintiffs’ injuries.
350. As such, Defendants breached their duty to exercise reasonable care towards Plaintiffs and the Class.
351. Plaintiffs and the Class suffered serious emotional distress as a direct and foreseeable result of Defendants’ conduct.
AS AND FOR A SEVENTH CAUSE OF ACTION: Negligent Infliction of Emotional Distress (as against all Defendants)
352. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
353. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care.
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354. As alleged herein, Defendants failed to exercise reasonable care which had the direct and foreseeable result of causing Plaintiffs and the Class severe emotional distress.
AS AND FOR AN EIGHTH CAUSE OF ACTION: Inverse Condemnation
(as against the Governmental Defendants) 355. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 356. The actions of the Government Defendants, in switching the Flint water system from water provided by the DWSD to water sourced from the Flint River, constitute an unconstitutional taking of Plaintiffs’ property without due process of law and without just compensation under Michigan law. 357. Article 10, § 2 of the Michigan Constitution of 1963 provides that “[p]rivate property shall not be taken for public use without just compensation therefor being first made or secured in a manner prescribed by law.” 358. The Government Defendants caused Plaintiffs’ property (including, but not limited to, underground and interior pipes, plumbing fixtures, and appliances) to be actually and physically invaded by water containing corrosive chemicals. These chemicals permanently corroded and rendered useless and valueless Plaintiffs’ property, diminished the value of Plaintiffs’ real property, and otherwise encroached on Plaintiffs’ use and enjoyment of their property.
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359. The Government Defendants proximately and substantially caused the damage to Plaintiffs’ property set forth in this Count through one or more affirmative acts of introducing water containing corrosive chemicals into pipes connected with and flowing into Plaintiffs’ property.
360. The Government Defendants undertook the affirmative acts set forth in this Count for a public purpose – namely, to reduce the cost to the City and its residents of providing water to the residents of Flint.
361. Under Michigan law, there is no governmental immunity for violations of state constitutional rights, including the right to due process and just compensation for takings of property for public use.
362. Plaintiffs are entitled to just compensation for the diminution in the value of their property caused by the Government Defendants’ affirmative acts, in an amount to be determined at trial.
AS AND FOR A NINTH CAUSE OF ACTION: NUISANCE
(as against all Defendants) 363. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 364. Defendants' wrongful actions in the creation of the contamination, maintenance of their land and water facilities, and failure to reasonably abate, minimize and/or remediate the contamination resulted in the presence of the
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contaminants in the persons and/or on properties of Plaintiffs and the Class, the creation of noxious odors, and the risk of injuries, and/or annoys Plaintiffs and the Class in their enjoyment of their legal rights and quality of life. Such conditions constitute an ongoing specific, particular and unique burden on the persons of Plaintiffs and Class Members and their property.
365. Such wrongful acts by Defendants in the maintenance and use of their land and water facilities and the failure to remediate the contamination was and is a foreseeable and proximate cause of injury, discomfort, annoyance, inconvenience, and/or damage to Plaintiffs, the Class and their property.
366. Defendants' conduct is the legal cause of the intentional, unreasonable, negligent, and/or reckless invasion of Plaintiffs' and Class Members’ interests in the private use and enjoyment of their land. Such actions' tendency is to create danger and inflict injury upon person and property.
367. Defendants' conduct in performing acts or failing to act has caused one or more substantial, unreasonable, and intentional interferences with the right of Plaintiffs and Class Members to use and enjoy their property as discussed above.
368. Accordingly, Plaintiffs and the Class seek general damages from Defendants, in an amount to be determined at trial, directly resulting from the their injuries in a sufficient amount to compensate them for the injuries and losses and
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to restore Plaintiffs and the Class to their original position, including, but not limited to the difference between the current value of their properties and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, and direct and consequential damages flowing from the nuisance and trespass which are the natural and proximate result of Defendants’ conduct in an amount to be proved at trial.
AS AND FOR A TENTH CAUSE OF ACTION: TRESPASS
(as against the Governmental Defendants) 369. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 370. Defendants’ negligent, willful, and/or wanton actions and/or intentional failures to act caused an unknown quantity of lead and bacteria to be released into the drinking water for the City of Flint. 371. Defendants’ willful, wanton, and intentional failure to act and/or their affirmative choice of action and following course of action caused lead and bacteria to enter and trespass upon the land and realty of the Plaintiffs and the Class and cause an injury to their possession and/or right of possession. 372. Upon information and belief, Defendants had exclusive control over the facilities providing Plaintiffs and the Class water at all relevant times.
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373. Defendants took affirmative, voluntary, and intentional actions to provide water to Plaintiffs and the Class in an unsafe manner and/or intentionally to release lead and bacteria into Flint’s water supply. Further, after such acts, Defendants undertook affirmative, voluntary, and intentional acts that were insufficient to remedy the condition caused by the release of lead and bacteria into the water supply.
374. At the time that the above described, affirmative, voluntary, and intentional acts were performed by Defendants, Defendants had good reason to know or expect that highly corrosive water would cause large quantities of lead and bacteria to be introduced into the persons and properties of Plaintiffs and Class Members.
375. The above-described affirmative, voluntary, and intentional acts were performed with the willful intent to cause lead and bacteria to be disbursed through the water onto the land and property of Plaintiffs and the Class.
376. These voluntary actions resulted in the immediate and continued trespass, injury and damage to Plaintiffs and the Class, their property and their right of possession of their property.
377. Further, Defendants’ actions in directing the contaminated water into the persons and properties of Plaintiffs and the Class were done with actual malice,
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and in wanton and willful and/or reckless disregard for Plaintiffs' rights, health and property.
378. Additionally and/or alternatively, Defendants’ decision to delay and the resulting delay in taking any affirmative action to eliminate, correct, and/or remedy the contamination of the water supply after having knowledge and notice of said contamination were done with actual malice, and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
379. Further, Defendants’ actions that were patently insufficient to eliminate, correct, and/or remedy the contamination after having knowledge and notice of said contamination were made with actual malice and in wanton and willful and/or reckless disregard for the rights, health and property of Plaintiffs and Class Members.
380. Based upon the above, Plaintiffs and the Class seek general damages from Defendants, in an amount to be determined at trial, directly resulting from their injuries in a sufficient amount to compensate them for the injuries and losses, and to restore Plaintiffs and the Class to their original position, including, but not limited to the difference between the current value of the property and such value if the harm had not been done, the cost of repair or restoration, the value of the use of the continuous trespass, injury to persons, consequential damages flowing from the
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trespass which are the natural and proximate result of Defendants’ conduct, and exemplary or punitive damages.
AS AND FOR AN ELEVENTH CAUSE OF ACTION: Unjust Enrichment
(as against all Defendants) 381. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 382. Plaintiffs and the Class were sold toxic drinking water that was unfit for human consumption instead of receiving clean, safe drinking water, as promised. 383. The Governmental Defendants unjustly received the benefits of payments from Plaintiffs and the Class in exchange for contaminated water that was unfit for human consumption, and used those payments for the operation of the City of Flint. 384. LAN and Veolia unjustly received compensation for providing engineering services that did not satisfy their duties of professional responsibility. 385. Accordingly, Defendants should be ordered to disgorge their unjustly retained benefits.
AS AND FOR A TWELFTH CAUSE OF ACTION: STRICT LIABILITY
(as against Defendant CITY OF FLINT)
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386. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
387. The drinking water provided by Defendant City of Flint was, at all relevant times, an unreasonably dangerous and defective product when used for its advertised and intended purpose.
388. Defendant City of Flint knew, or should have known, that Plaintiffs and the Class could not realize and could not detect the dangerous and harmful nature of Flint’s drinking water, and were in no position to implement any form of corrosion control measures.
389. Defendant City of Flint should have, but did not, provide clear warnings as to the dangers associated with its drinking water.
390. As a result of Defendant City of Flint’s marketing and promotion of said defective and unreasonably dangerous drinking water, Plaintiffs and the Class were unreasonably exposed to toxic drinking water and have suffered injuries, losses and damages.
391. By reason of having marketed and promoted its drinking water in its defective and unreasonably dangerous condition, Defendant City of Flint is strictly liable to
AS AND FOR A THIRTEENTH CAUSE OF ACTION: GROSS NEGLIGENCE (as against All Defendants)
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392. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
393. Defendants owed Plaintiffs and the putative class a duty to exercise reasonable care. Upon learning of the release of the contaminants, Defendants owed Plaintiffs and the Class a duty to act reasonably to remediate, contain, and eliminate the contamination before it injured Plaintiffs, the Class and their property and/or to act reasonably to minimize the damage to their property.
394. Defendants, individually and collectively, caused drinking water with concentrations of lead exceeding applicable standards, and legionella, to be provided to Plaintiffs and the Class in contravention of federal environmental statutes and guidelines. As such, Defendants gross negligently, recklessly, willfully, wantonly, and/or intentionally contaminated drinking water in and around the real property of Plaintiffs and the Class.
395. The Government Defendants breached their duty by providing and selling Plaintiffs and the Class unusable water that they knew or should have known was contaminated with lead; failing to take remedial measures they knew or should have known would prevent further harm; and failing to warn Plaintiffs and the Class of the contamination of Flint’s drinking water, and, consequently, the presence of lead and other contaminants in their homes and rental properties,
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despite Governmental Defendants’ actual or constructive knowledge that this failure to warn would cause harm.
396. LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had a duty to act as an engineer of ordinary learning, judgment, or skill would. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control. As a direct and proximate result of LAN’s and Veolia’s gross negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
397. Defendants’ conduct was so reckless as to demonstrate a substantial lack of concern for whether injury would result to Plaintiffs or the Class.
AS AND FOR A FOURTEENTH CAUSE OF ACTION: PROPRIETARY FUNCTION
(as against the Governmental Defendants)
398. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
399. At relevant times, Defendants engaged in proprietary functions, specifically, the sale of potable water to Plaintiffs and the Class.
400. Defendants’ primary purpose in the aforementioned facts was to produce a pecuniary profit for the governmental agency.
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401. The relevant activities are not normally supported by taxes and fees. 402. The conduct of Defendants constituted “proprietary function” in avoidance of governmental immunity. 403. The performance of governmental functions constituting proprietary function falls within the exceptions of governmental immunity pursuant to MCL 691.1413. 404. Defendants demonstrated deliberate and/or intentional indifference to the public safety needs of Plaintiffs and the Class in violation of their rights under the U.S. Constitution, Michigan Constitutions, and Michigan Statutory and Common Law during the exercise of proprietary functions. 405. This Amended Complaint is being plead in avoidance of governmental immunity. 406. The Defendants’ defense of governmental immunity is voidable due to the proprietary function exception and all other relevant exceptions. 407. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs and the Class have been exposed to potentially lethal doses of lead, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complications. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective
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monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
AS AND FOR A FIFTEENTH CAUSE OF ACTION: PROFESSIONAL NEGLIGENCE
(as against the Engineering Defendants)
408. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint.
409. LAN and Veolia undertook, for substantial consideration, to render services for the City of Flint which each should have recognized as necessary for the protection of Plaintiffs, the putative class, and their property, and reasonably could and should have foreseen that the failure to satisfy the standard of reasonable engineering professionals in performing those services would endanger Plaintiffs, the putative class, and their property.
410. As a result, LAN and Veolia owed Plaintiffs and the Class a duty to act with reasonable care in undertaking its obligations. As professional engineers, LAN and Veolia had duties to act as engineers of ordinary learning, judgment, or skill would.
411. As more fully described herein, LAN and Veolia breached their duties of care by (1) failing to conduct a fulsome root cause analysis and (2) recommending the addition of ferric chloride without concomitant corrosion control.
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412. As a direct and proximate result of LAN and Veolia’s negligence, Plaintiffs and the Class have suffered and continue to suffer personal and property damages.
DAMAGES SOUGHT BY THE CLASS 413. Plaintiffs and the Class incorporate by reference the preceding paragraphs as if fully set forth herein. 414. At all relevant times herein, Defendants owed a duty to Plaintiffs and the Class to ensure the adequate processing, transportation, and storage of potable drinking water to the residents of the City of Flint. 415. The significantly increased risks associated with exposure to lead make periodic diagnostic medical examinations reasonable and necessary. 416. As a direct and proximate result of Defendants’ reckless, negligent and grossly negligent operations and actions, as set forth herein, Plaintiffs and the Class have been exposed to potentially lethal doses of hazardous and toxic contaminants, and, as a result, suffer a significantly increased risk of death, further surgery, or other serious health complication. This increased risk makes periodic diagnostic and medical examinations reasonable and necessary. Easily administered, cost effective monitoring and testing procedures exist which make the early detection and treatment of such injuries or disease possible and beneficial.
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417. In order to compensate Plaintiffs and the Class for damages suffered due to Defendants' acts, each and every Plaintiff and Class Member requires, among other things, that Defendants collectively pay the past and future costs of obtaining necessary medical care, toxicological examinations and diagnoses, and any other medical monitoring necessary in order to ascertain and treat the nature and extent of the injuries suffered due to the contamination, with Plaintiffs and the Class retaining freedom of choice relative to choosing their experts. Many of these costs would not be covered by health care insurers, and if covered, may unfairly result in increased premiums.
418. Each and every one of these Plaintiffs’ and Class Members’ increased susceptibility to certain injuries and the irreparable threat to their future health and well-being resulting from their exposure to lead in Flint can only be mitigated and/or addressed by the creation of a medical program (the “Flint Program”) including but not limited to:
a. Establishing a program that provides education and outreach on the existence and availability of the services established under the medical monitoring program, including but not limited to the establishment of a public Website with information about the Program, meetings with potentially eligible populations, development and dissemination of outreach materials informing Flint residents about the program, and the establishment of phone information services;
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b. Funding further studies of the long-term effects of exposure; c. Funding medical surveillance for those individuals exposed to lead; d. Gathering and forwarding to each and every one of these Plaintiffs’ and Class Members’ treating physicians information related to the diagnosis and treatment of injuries which result from their exposure(s) to lead; e. Aiding in the early diagnosis and treatment of resulting injuries through ongoing testing and monitoring of each and every one of these Plaintiffs and the Class. 419. Establishment of a medical monitoring program for the Plaintiffs and the Class is essential as a consequential damage from their exposure to the contaminants because without the requested medical monitoring programs, they will be subjected to further injuries and delayed treatment. 420. Accordingly, Plaintiffs and the Class are entitled to a medical monitoring program which provides for medical testing, surveillance, monitoring, and study of the Plaintiffs and the Class for conditions caused by exposure to the references substances, as well as payment of their attorney’s fees and expenses, and any other relief this court deems just and proper. 421. Plaintiffs and the Class have sustained and will continue to sustain damages to their property as a result of Defendants’ actions. As a result, Plaintiffs and the Subclasses seek monetary damages for each violation of the First through
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Fifteenth Claims for Relief. In particular, Plaintiffs and the Class seek damages, including but not limited to: (i) monetary damages reflecting the cost to remediate class members’ property of the contamination caused by Defendants’ conduct or, in the alternative, to compensate class members for the diminution in value of their property caused by Defendants’ conduct; (ii) monetary damages to compensate class members for the loss of the use and enjoyment of their properties caused by Defendant’s conduct; (iii) monetary damages for the diminution of the value of the plaintiffs’ property, and (iv) monetary damages to compensate class members for the loss of quality of life caused by Defendants’ conduct.
422. Plaintiffs and the Class also seek consequential damages sufficient to fund a medical monitoring program that is reasonably tailored to the exposure risks of the contaminants, including but not limited to lead.
423. Each and every one of these Plaintiffs and Class Members will incur future expenses for medical monitoring and, as a result, seek payment of their related medical expenses as an element of the consequential damages.
PUNITIVE DAMAGES 424. Plaintiffs incorporate and re-allege each allegation set forth in the preceding paragraphs of this Amended Complaint. 425. Upon information and belief, Defendants engaged in willful, wanton, malicious, and or/reckless conduct that caused the foregoing property damage,
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nuisances, and trespasses upon the persons and properties of Plaintiffs and the Class, disregarding their protected rights.
426. Defendants’ willful, wanton, malicious, and/or reckless conduct includes but is not limited to:
a. failure to provide safe drinking water to the residents of Flint; b. failure to implement adequate corrosion controls for Flint River water; c. underestimating the seriousness of the lead contamination in Flint’s
water system; d. failure to warn Plaintiffs and the Class about the unsafe levels of lead
in Flint’s water system; e. failure to act to limit exposure of the lead contamination in Flint’s
water system; f. concealing the presence of lead in Flint’s water supply or otherwise
falsely assuring Plaintiffs and the Class that Flint’s water was safe; and g. making unlawful and misleading representations or material omissions with respect to the safety of Flint’s water supply. 427. Defendants have caused great harm to the property and water supplies of Plaintiffs and the Class and demonstrated an outrageous conscious disregard for their safety with implied malice, warranting the imposition of punitive damages.
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VI. THE GOVERNMENTAL DEFENDANTS ARE NOT PROTECTED BY SOVERIGN IMMUNITY 428. Plaintiffs incorporate by reference the preceding paragraphs as if fully
set forth herein. A. Federal Claims 429. This Amended Complaint brings no federal claims for damages
against the State of Michigan or its agencies. 430. With respect to employees and officers of the State of Michigan and
its agencies, sued in their official capacities, this Amended Complaint seeks only prospective injunctive relief.
431. No other Defendant is entitled to sovereign or governmental immunity from suit for the federal causes of action alleged in this Amended Complaint.
B. Michigan State Constitutional Claims 432. The State of Michigan recognizes a cause of action for a de facto taking (sometimes referred to as an “inverse condemnation” suit). 433. An action for inverse condemnation is brought under the Constitution of the State of Michigan. 434. Under Michigan law, there exists no sovereign or governmental immunity from suit to enforce rights guaranteed by the Michigan Constitution. The State of Michigan, its agencies, political subdivisions, and their agencies are
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all subject to suit for an unconstitutional taking as alleged in this Amended Complaint.
C. Michigan State Tort Claims – Direct Liability of State and Local Entities
435. With respect to each state law tort alleged in this Amended Complaint against the State of Michigan and MDEQ, these Defendants are not entitled to sovereign or governmental immunity from suit because the tortious acts complained of occurred outside the scope of each Defendant’s governmental functions, as alleged specifically in each Count. The actions complained of were neither expressly, nor impliedly, mandated or authorized by constitution, statute, local charter or ordinance, or other law.
436. Moreover, with respect to each state law tort alleged in this Amended Complaint against the State of Michigan and MDEQ, and regardless of whether the tortious acts complained of constituted an exercise or discharge of a governmental function, these Defendants are not immune from suit or liability because the actions complained of occurred during the exercise of a proprietary function, in that the act was undertaken primarily for the purpose of producing a pecuniary profit for the relevant governmental agency.
D. Vicarious Liability of State and Local Entities 437. With respect to each state law tort alleged in this Amended Complaint against the State of Michigan and MDEQ, these entities are not immune from
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vicariously liability for the actions of their employees and officers under a theory of respondeat superior, because their employees and officers committed tortious acts during the course of their employment, within the scope of their authority, and in the exercise of nongovernmental and proprietary functions, as alleged specifically in each Count.
E. Liability of Individual Governmental Employees 438. With respect to each state non-intentional tort claim against the Individual Defendants, state and local employees sued in their individual capacities, each of these Defendants is not immune from liability because, as alleged specifically in each Count, (1) the Defendant did not act or reasonably believe he or she was acting within the scope of his or her authority; (2) the governmental agency at issue was not engaged in the exercise or discharge of a governmental function; and/or (3) the employee’s grossly negligent conduct was the proximate cause of the injuries or damages alleged. 439. With respect to each state intentional tort claim against the Individual Defendants, state and local employees sued in their individual capacities, each of these Defendants is not immune from liability because (1) the tort did not occur during the course of the employee’s employment; (2) the employee was not acting, nor reasonably believed he or she was acting, within the scope of his or her
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authority; (3) the act complained of was not undertaken in good faith; and/or (4) the act was ministerial rather than discretionary.
VII. DEMAND FOR A JURY TRIAL 440. Pursuant to Rule 38(b) of the Federal Rules of Civil Procedure, Plaintiffs demand a jury trial as to all issues triable by a jury.
VIII. PRAYER FOR RELIEF WHEREFORE, this Amended Complaint is being plead in avoidance of governmental immunity and the Defendants’ defense of governmental immunity is voidable due to the proprietary function and gross negligence exceptions as well as all other relevant exceptions and Plaintiffs and the Class demand judgment against Defendants, and each of them, jointly and severally, and request the following relief from the Court:
a. an order declaring the conduct of defendants unconstitutional; b. an order of equitable relief to remediate the harm caused by
Defendants unconstitutional conduct including repairs or property, establishment of a medical monitoring fund, and appointing a monitor to oversee the water operations of Flint for a period of time deemed appropriate by the court; c. an award for general damages; d. an order for an award of compensatory damages; e. an order for an award of punitive damages; f. an order for an award of actual reasonable attorney fees and litigation expenses; and g. an order for all such other relief the court deems equitable.
125

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Respectfully submitted,

NAPOLI SHKOLNIK PLLC
By: /s/ Hunter Shkolnik Hunter Shkolnik, ##2031458NY Paul J. Napoli, #2513141NY 360 Lexington Avenue, 11th Floor New York, NY, 10017 (212) 397-1000 hunter@napolilaw.com pnapoli@napolilaw.com

SLATER SLATER SCHULMAN LLP
By: /s/ Adam Slater Adam P. Slater, Pro Hac Pending Jonathan E. Schulman, Pro Hac Pending 909 Third Avenue, Twenty Eighth Floor New York, NY, 10022 (212) 922-0906 aslater@sssfirm.com jschulman@sssfirm.com

Dated: July 7, 2016

126

 
 Waid v. Snyder, Not Reported in Fed. Rptr. (2019) 2019 WL 4121023
2019 WL 4121023 Only the Westlaw citation is currently available.
United States Court of Appeals, Sixth Circuit.
Luke WAID, Parent and Next-Friend of SR, a minor, et al., Plaintiffs,
Elnora Carthan, et al., on behalf of themselves and all others similarly situated, Plaintiffs-Appellees,
v. Rick SNYDER, Governor, in his individual and official capacities, et al., Defendants-Appellants,
Dayne Walling, et al., Defendants.
Nos. 18-1960, 18-1967; 18-1970; 18-1983; 18-1999; 18-2386; 18-2395; 18-2416; 18-2426 | FILED February 19, 2019
Attorneys and Law Firms
Emmy L. Levens, Cohen, Milstein, Sellers & Toll, Washington, DC, Julie H. Hurwitz, Goodman, Hurwitz & James, Detroit, MI, Deborah A. Labelle, Law Offices, Ann Arbor, MI, Paul F. Novak, Weitz & Luxenberg, Detroit, MI, Gregory Stamatopoulos, Cary S. McGehee, Michael L. Pitt, Beth M. Rivers, Pitt, McGehee, Palmer & Rivers, Royal Oak, MI, for Plaintiffs-Appellees
Michael John Pattwell, Clark Hill, Lansing, MI, Jay M. Berger, Clark Hill, Detroit, MI, Jordan Seth Bolton, Clark Hill, Birmingham, MI, Christopher Bradley Clare, Clark Hill, Washington, DC, for Defendant-Appellant
Before: MOORE, GILMAN, and DONALD, Circuit Judges.
ORDER
*1 These nine related appeals are from two orders entered in this consolidated, putative class action arising from the Flint water crisis. The first order, entered on August 1, 2018, granted in part and denied in part motions to dismiss based on qualified immunity and other grounds. The second order, entered on November 9, 2018, vacated the August 1 order, denied as moot a motion for reconsideration, and deferred ruling on a motion for leave to file an amended complaint. The Plaintiffs-Appellees

move to dismiss the appeals; the Defendants-Appellants oppose the motions to dismiss; and the Appellees reply in support.
The Appellees assert that because the August 1 order has been vacated, the appeals from that order must be dismissed as moot. The Appellants argue that the district court lacked jurisdiction to vacate the August 1 order because it was on appeal to this court. Two timely motions for reconsideration of the August 1 order were filed in the district court. Thus, jurisdiction did not immediately transfer to this court, and the appeals from the August 1 order were held in abeyance. See Fed. R. App. P. 4(a)(4)(B)(i) (providing that if time-tolling motions are filed, the notice of appeal becomes effective only when the order disposing of the last such motion is entered). One of the motions for reconsideration was withdrawn several hours before the district court entered the November 9 order. The second motion, which sought reconsideration under E.D. Mich. Local Rule 7.1(h), remained pending.
Motions for reconsideration generally are construed as motions to alter or amend the judgment under Federal Rule of Civil Procedure 59(e). “Motions for reconsideration of a judgment are construed as motions to alter or amend the judgment and are time tolling for the purposes of Rule 4(a)(4).” Moody v. Pepsi-Cola Metro. Bottling Co., 915 F.2d 201, 206 (6th Cir. 1990). In In re Greektown Holdings, LLC, 728 F.3d 567, 574 (6th Cir. 2013), we held that the ruling on a motion for reconsideration filed under Local Rule 7.1(h) should be reviewed under the standard set forth in the local rule. But Greektown Holdings does not address whether a motion for reconsideration filed under Local Rule 7.1(h) is a time-tolling motion under Rule 4(a)(4). And Moody clearly holds that a motion for reconsideration is a time-tolling motion. Because the district court had not ruled on the pending motion for reconsideration, it retained jurisdiction to enter the November 9 order. See Slep-Tone Entm’t Corp. v. Karaoke Kandy Store, Inc., 782 F.3d 712, 716–17 (6th Cir. 2015). And, while the district court retains jurisdiction, it may amend its prior ruling in ways not requested by a pending motion for reconsideration. EEOC v. United Ass’n of Journeymen & Apprentices of the Plumbing & Pipefitting Indus., 235 F.3d 244, 250 (6th Cir. 2000), on reh’g in part, 249 F.3d 1085 (6th Cir. 2001).
The Appellees move to dismiss the appeals from the November 9 order for lack of a final, appealable order. Generally, the circuit court has jurisdiction over appeals from final judgments of the district court. 28 U.S.C. § 1291. A final judgment ends the litigation on the merits.

Waid v. Snyder, Not Reported in Fed. Rptr. (2019)
2019 WL 4121023
Catlin v. United States, 324 U.S. 229, 233 (1945). “[W]here an order merely vacates a judgment and leaves the case pending for further determination, [the circuit court] generally deem[s] the order non-final and therefore unappealable.” Doyle v. Mut. of Omaha Ins. Co., 504 F. App’x 380, 381 (6th Cir. 2012). The November 9 order is not a final order resolving all the issues in the action.
*2 The Appellants argue, however, that the November 9 order is immediately appealable because the district court lacked the authority to sua sponte vacate the August 1 order under Federal Rule of Civil Procedure 60(b)(6) and improperly construed the Plaintiffs’ motion for leave to amend as seeking relief under Rule 60(b). Regardless of whether the district court properly relied on Rule 60(b)(6) in vacating the August 1 order, the August 1 order was an interlocutory ruling and not a final judgment. The district court had inherent authority to reconsider its prior, interlocutory order. See In re Saffady, 524 F.3d 799, 802–03 (6th Cir. 2008). “District courts have inherent power to reconsider interlocutory orders and reopen any part of a case before entry of a final judgment.” Mallory v. Eyrich, 922 F.2d 1273, 1282 (6th Cir. 1991). Thus, the

district court did not exceed its authority in vacating the August 1 order.
And the November 9 order vacating the August 1 order is not appealable as an implicit denial of qualified immunity. The district court has indicated its intent to expeditiously address qualified immunity, considering the additional claims proposed in the amended complaint and this court’s recent decision in Guertin v. State, ––– F.3d ––––, 2019 WL 99088 (6th Cir. Jan. 4, 2019). Finally, the November 9 order is not appealable under either 28 U.S.C. § 1292(b) or Federal Rule of Civil Procedure 54(b) because the district court has not certified its ruling for an immediate appeal.
Accordingly, the motions to dismiss are GRANTED.
All Citations
Not Reported in Fed. Rptr., 2019 WL 4121023

 
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EXHIBIT B

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EXHIBIT A

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First Name Last Name Address

City

Aby Robbin Vincent Kenyatta Bobby Mahmoud Ahmed Gerald Neil Carlyle Houssein Mary Kenneth Jo'ann Lonnieshia Nena Janice Reginald Charles
Eric Richard Orlond Gzil Ruby Evan Carinthians
Shirlet Taneisha RALPH MELODY Connie CHARLOTTE

Ndoye Davis Stallings Walters Howell Jr.
Zaki Battle Helmkay Dennie Hachem Alexander McNley Marshall Crawford McAfee Cooper Williams Tyler MorrisLester Smith McAfee Sewell Upchurch Saturnino Carouthers
Earnest Taylor WELCH SMITH McNeal McCANN

5440 Woodland Ride Drive Flint

4517 North Street

Flint

1708 N Ballenger Hwy

Flint

3108 Flushing

Flint

3701 Gratiot

Flint

422 S Dort Hwy

Flint

4405 Cloverlawn Dr.

Flint

1807 N Franklin Ave

Flint

1806 Ridge Cliff Drive

Flint

4018 Corunna St

Flint

826 E 7th St

Flint

1050 W- Mandeville St- Flint

1052 W.Vernon Dr

Flint

5343 Ridgebend Dr

Flint

1405 Raspberry Ln

Flint

6902 Parkbelt Dr.

Flint

5607 Fleming Rd

Flint

712 N Grand Travese St Flint

140 E. Holbrook Ave. 6901 Colonial Dr 1633 N. Saginaw St. 414 Damon 9180 Chatwell Club Apt 14 601 Layfette St 3221 Irroquois Av
2248 Maiden Lane 3510 Proctor Av 3315 HELBER 7001 DARRYLL DR 1602 Waldman Ave 2524 CLIO RD

Flint Flint Flint Flint Davison Flint Flint Grand Blanc Flint FLINT FLINT Flint FLINT

State Zip

MI

48532

MI

48505

MI

48504

MI

48504

MI

48503

MI

48503

MI

48504

MI

48506

MI

48532

MI

48532

MI

48503

MI

48507

MI

48503

MI

48507

MI

48507

MI

48505

MI

48505

MI

48503

MI

48505

MI

48505

MI

48503

Mi

48505

Mi

48423

Mi

48505

Mi

48505

Mi

48439

Mi

48504

MI

48505

MI

48505

MI

48507

MI

48505

Case 5:17-cv-10799-JEL-MKM ECF No. 1-3 filed 03/13/17 PageID.88 Page 61 of 91

DEPRETHA NATHANIEL DENNIS JOYCE THEDORE Z HERCY J MAURICE TANISHA RANDALL SANDRA DAVONTA' ARLEE DWIGHT KEVIN

GILL

357 E HOME AVE

FLINT

MI

GIBSON

7014 CLIO RD

FLINT

MI

HOWARD

3743 LYNN ST

FLINT

MI

ALSTON

1190 MARIE CT

FLINT

MI

BOTOS

910 VICTORIA AVE

FLINT

MI

WILLIAMS 3900 HAMMERBERG RD FLINT

MI

DUNN

605 N SAGINAW ST

FLINT

MI

SUMMERS 2302 FLUSHING RD

FLINT

MI

ALLAN

5018 GREEN RD

FLINT

MI

WILLIAMS 1260 SPRINGBORROW DR FLINT

MI

SEAREY

2734 MILLIKEN CT

FLINT

MI

WEDLOW 119 W RANKIN ST

FLINT

MI

RICHARDSON 2650 TIMBERLANE DR

FLUSHING MI

JACKSON

123 HILLCREST CV

MARION AR

48505 48504 48503 48532 48504 48507 48502 48504 48430 48532 48505 48505 48433 72364

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EXHIBIT B

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Quotes and Misrepresentations by Named Defendants
Black is the Quote
Red is Date/where the Quote is Coming From
Blue is explanation of the quote
The emails can be found in Snyder’s email release. He released 200+ pages of emails from the Michigan government officials that discuss the Flint Water Crisis. Many of the emails are detailed and explained by the Michigan truth Squad in the “Disaster Day by Day: A Detailed Flint Crisis Timeline” by the Bridge Magazine. http://bridgemi.com/2016/02/flintwater-disaster-timeline/
GOVERNOR RICHARD DALE SNYDER
1) “[t]he water leaving Flint’s drinking water system is safe to drink, but some families with lead plumbing in their homes or service connections could experience higher levels of lead in the water that comes out of their faucets.”- October 2, 2015 Gov. Snyder’s Comprehensive Action Plan (this places the blame yet again on the people home pipes and not the Flint WTP and the Flint Water Transmission system)
2) “Government failed you at the Federal, State and local level.”-Governor’s admission 3) “Initial analysis of MDHHS data found that blood lead levels of children in Flint have
followed an expected seasonal trend. While this analysis for Flint as a whole remains true, a comprehensive and detailed review breaking down data by Zip codes with the city revealed that MDHHS data is consistent with a study presented recently by Hurley Children’s Hospital.”-October 2, 2015 Comprehensive action plan will help flint residents address water concerns (misrepresentation here is that the blood levels followed a seasonal trend. The press release does not state that the water was the true cause of the elevated lead blood levels.) 4) Snyder requests and receives a briefing paper from MDEQ. The paper blames September 2014 boil water advisories due toecoli bacteria in Flint drinking water on a variety of factors, most notably decrepit, 75-year-old cast iron water pipes subject to corrosion and bacteria. October 2014 Briefing Paper from MDEQ. (No mention of lead issues in Flint water at this time.) 5) “This is a public relations crisis – because of a real or perceived problem is irrelevant – waiting to explode nationally. If Flint had been hit with a natural disaster that affected its water system, the state would be stepping in to provide bottled water or other assistance. What can we do given the current circumstances?”-January 23, 2015 Synder Administrator special projects manager Ari Adler (not calling the Flint crisis a true problem and only referring to it as a PR nightmare) 6) 1) Many resident complaints about color, taste and smell of tap water since the Flint River switch; 2) Congressman Dan Kildee distributing bottled water; 3) Mayor Walling seeking state and federal assistance for $20 million in debt forgiveness to upgrade water treatment

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and calling for the governor to personally come to Flint (a telephone conference between the two then ensued and they pledged to work together on solutions); 4) State Rep. Sheldon Neeley (D-Flint) sending a letter to the governor stating his constituents “are on the verge of civil unrest.”—February 2015 Briefing Memo to the Governor (regarding the water situation in Flint, lead is not mentioned.) 7) “Team, Here’s the data that will be presented at the Hurley Hospital press conference at 3 p.m. As you’ll see, they are pointing to individual children, a very emotional approach. Our challenge will be to show how our state data is different from what the hospital and the coalition members are presenting today.”--- September 24, 2015: Snyder Deputy Press Secretary Dave Murray emails more than a dozen state officials, including Muchmore (then-chief of staff), Jerrod Agen (the governor’s future chief of staff), Lasher, and Brad Wurfel at MDEQ. (Saying the data being used by the Hurley hospital is too emotional and not representative of what the data should be) 8) “The water leaving Flint’s drinking water system is safe to drink, but some families with lead plumbing in their homes or service connections could experience higher levels of lead in the water that comes out of their faucets.” “State health experts said there has been an increase in elevated childhood blood lead levels in some specific communities. Initial analysis of MDHHS data found blood lead levels of children in Flint have followed an expected seasonal trend. While this analysis for Flint as a whole remains true, a comprehensive and detailed review breaking down data by ZIP codes with the city revealed that MDHHS data is consistent with a study presented recently by Hurley Children’s Hospital.”—October 2, 2015 talking points about Snyder’s Comprehensive Action Plan for the Flint Water Crisis (still places the blame for the lead on the peoples’ home plumbing system and not because of any problems with the water, WTP, or Transmission lines.) 9) “The Michigan Department of Health and Human Services has been, and continues to be, committed to full disclosure of information regarding the city of Flint and blood lead levels. To suggest otherwise is not consistent with how we have responded.” “It wasn’t until the Hurley report came out that our epidemiologists took a more in-depth look at the data by zip code, controlling for seasonal variation, and confirmed an increase outside of normal trends. As a result of this process, we have determined that the way we analyze data collected needs to be thoroughly reviewed.”—December 22, 2015 Snyder Communications director Meegan Holland (states that MDHHS has responded to the crisis appropriately and adequately, which is false. This was a huge gap in the regulatory framework to protect public health. The concerns of two established outside researchers (from EPA and Virginia Tech) weren’t sufficient to prompt state agencies to reconsider their approach to lead detection. It took a local physician to open up the state’s eyes to the problem they had strongly denied.) 10) “The recommendations in this letter suggest profound change at DEQ and openly criticize Director Wyant. If this is the path that the Task Force is on, it is best to make changes at DEQ sooner rather than later. That likely means accepting Dan’s resignation. It also means moving up the termination of the 3 DEQ personnel previously planned for Jan 4 to tomorrow.”—December 28, 2015 email from Jerrod Agen to Governor Snyder (about making changes at the DEQ before the Task Force can publish their findings)

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11) “When I became aware that the city of Flint’s water showed elevated lead levels and that the state’s handling of the situation was being questioned, I requested funding to switch the source back to (Detroit) and appointed an independent task force to identify possible missteps and areas for improvement.”—December 29, 2015 statement from Gov. Snyder in email from Communications Director Meegan Holland (He was aware almost from the start of the crisis and did not request Flint going back to the DWSD until the public became outraged over the crisis and it became a nationally televised issue)
12) “City of Flint decides to use the Flint River as a water source.”-January 21, 2016 Governor Snyder’s State of the State (City officials did not drive the decision to take water from the Flint River. The city council vote was just to switch to the KWA when it would be complete. Also Ed Kurtz made the decision to switch to the Flint River)
13) "That’s not factual information for your readers and listeners. In fact, in the spring of 2013, the Flint City Council, and Mayor Walling, made the decision to switch to Karegnondi, and in the meantime, take some of its water from the Flint River. This was approved at the city council meeting in a 7-1 vote on Monday, March 25, 2013. Their decision was then sent to the emergency manager to approve. In fact, at the time, Flint City Council President Scott Kincaid said “I’ve never been a fan of staying with Detroit.” It is critical to note that Flint and Genesee Co. had been in discussions to start their own water authority for years before this decision was reached. They had been gathering information on a switch and leaning toward that decision far before the Gov. was even in office."—email from the governor’s Deputy Press Secretary Anna Heaton in reponse to Lindsey Smiths article with her version of a timeline (Nowhere in that vote or other votes did Flint City Council say, "We support getting water from the Flint River." Yes, there was one councilman who did openly support that. But as a board, that vote never happened. Flint leaders never made that call.)
DENNIS MUCHMORE, Governor’s Chief of Staff
1) “I’m frustrated by the water issue in Flint. I really don’t think people are getting the benefit of the doubt. Now they are concerned and rightfully so about the lead level studies they are receiving from DEQ samples. Can you take a moment out of your impossible schedule to personally take a look at this? These folks are scared and worried about the health impacts and they are basically getting blown off by us (as a state we’re just not sympathizing with their plight).”-July 22, 2015 email urging Nick Lyon (MDHSS) and Dan Wyant (MDEQ) to go deeper on Flint and remarks on the Flint Situation
2) “The DEQ and [MDHHS] feel that some in Flint are taking the very sensitive issue of children’s exposure to lead and trying to turn it into a political football claiming the departments are underestimating the impacts on the populations and are particularly trying to shift responsibility to the state…I can’t figure out why the state is responsible except that Dillon did make the ultimate decision so we’re not able to avoid the subject. The real responsibility rests with the County, city, and KWA[.]”-September 25,2015 Email from Snyder Chief of Staff Dennis Muchmore to Snyder and others in Snyder’s office (speaking to the state’s responsibility in the Flint Crisis, downplays the State’s role in the decision to switch to KWA and use the Flint River in the interim)

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3) “It seems that continuing to find funds to buy local residents home filters is really a viable option and Harvey and all are pursuing more assistance in that work. Almost all the ‘experts’ I’ve talked to are convinced the problem is in the old lines leading to homes and short of a massive replacement CSO type bond that wouldn’t resolve the issue for a couple of years, nature (temp reductions), filters and a final connect seem to be the best courses of action. The residents are caught in a swirl of misinformation and long term distrust of local government unlikely to be resolved.” September 26, 2015 (Considering options for the Flint residents and stating that the Filter solution was a viable cost effective option instead the stopping of utilizing corrosive Flint River water.)
4) “[Flint Congressman Dan] Kildee is engaged in his normal press hound routine, which is unfortunate because he’s a really smart, talented guy who needs to roll up his sleeves while (State Senator Jim) Ananich is looking for relief but doesn’t know where it would come from and is as usual a positive force. Frankly, I think both know that (Flint Mayor Dayne)Walling went out on CYA effort due to the election, but of course can’t say so. Neither has any idea where his $30M figure came from, or where we would get it even if you were so inclined.” “The water certainly has occasional less than savory aspects like color because of the apparently more corrosive aspects of the hard water coming from the river, but that has died down with the additional main filters. Taste and smell have been problems also and substantial money has been extended to work on those issues.” “Now we have the anti-everything group turning to the lead content which is a concern for everyone, but DEQ and DHHS and EPA can’t find evidence of a major change per Geralyn’s memo below. Of course, some of the Flint people respond by looking for someone to blame instead of working to reduce anxiety. We can’t tolerate increased lead levels in any event, but it’s really the city’s water system that needs to deal with it. We’re throwing as much assistance as possible at the lead problem as regardless of what the levels, explanations or proposed solutions, the residents and particularly the poor need help to deal with it.”-September 26, 2015 email to the governor and other staffers (asserts that a decent amount of money has already been used towards the Flint lead issue and the “less savory aspects of the water” have been solved through water filters. No admission that the water is what is causing the lead issues)
5) “Since we’re in charge we can hardly ignore the people of Flint,” “After all, if GM refuses to use the water in their plant and our own agencies are warning people not to drink it… we look pretty stupid hiding behind some financial statement.”- February 2015 Muchmore wrote to state Treasury and public relations officials (the governor was not copied on the original email.)
6) “It’s in the city’s long term interest to make the KWA work and we can make the river water safe, but we need to work with the ministers this week to help them out. It’s tough for everyday people to listen to financial issues and water mumbo jumbo when all they see is problems. You can’t expect the ministers to hold the tide on this problem… If we procrastinate much longer in doing something direct we’ll have real trouble.”-March 3, 2015 Snyder Chief of staff emails numerous other Snyder aides and state Treasury officials
Andy Dillon

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1) “After briefing, I was satisfied there was no construction risk to Flint and learned after input from (the DEQ) that KWA water would in fact be cheaper for Flint residents,
2) “Governor, based upon today’s presentations to the DEQ by the City of Flint, KWA and the engineering firm (Tucker Young) Treasury hired to vet the options as to whether Flint should stay with DWSD or join KWA, I am recommending we support the City of Flint’s decision to join KWA. The City’s Emergency Manager, Mayor, and City Council all support this decision. Dan Wyant likewise concurs and will confirm via email.” “We have a briefing call tomorrow morning with Dennis and John to provide more background as to why we reached this conclusion. Flint’s Emergency Manager wants to sign the resolution asap as the project is moving forward with or without them and their participation affects the design and the construction season is upon them. I assume DWSD will make a last ditch effort to save the customer but I will not advise them of my recommendation until we brief Dennis and John.” -- March 28, 2013: Email from State Treasurer Andy Dillon to Governor Rick Snyder, with copies to numerous other Treasury officials and MDEQ Director Dan Wyant
3) State Treasurer Andy Dillon gives state emergency manager Ed Kurtz permission to notify the Detroit Water and Sewerage Department that it would be terminating service in the future and contracting with the KWA. (As reported in the Michigan Department of Treasury Flint Water Timeline, September 2015.) April 2013: Briefing to Ed Kurtz
4) The state of Michigan has approved Flint's plans to get its water by participating in a pipeline project that would tap Lake Huron. Approved by Andy Dillon April 2013 Andy Dillon approving plan for Flint to participate in the KWA pipeline project
5) "As such, this approval will be effective at 5 p.m. on April 16 ... after receiving written notice from the city that either no such offer was presented to the county and the city or that an offer was received and was rejected in good faith based upon specified objections."- April 11, 2013 letter to Ed Kurtz updating him on Approval of the Flint switch to the KWA
6) “DWSD at the time was overseen by a board appointed by (U.S. District) Judge (Sean) Cox as the system was under federal oversight,” Dillon said. “If Flint was unable to negotiate a fair deal, I recall their backup plan was to use the Flint River. I don’t recall Treasury being involved in the negotiations with DWSD or, after negotiations broke down, in Flint’s decision to switch to the Flint River.” November 18, 2015 email from Andy Dillon to the Press
7) “After we signed off on Flint joining the KWA, Flint was to negotiate with the DWSD regarding using their water during the construction of the KWA,” Dillon said. November 18, 2015 email from Andy Dillon to the Press (This is a misrepresentation because the City of Flint using the Flint River was packaged into the KWA agreement)
8) “provide an analysis of the water supply options to assist the treasurer in determining any potential risk and the best course going forward for supplying potable water to the City of Flint.”—February 2013 to Tucker, young, Jackson, Tull Inc. (as to why Dillon commissioned Tucker, Young, and Tull; Their study found it would be less costly for Flint to stay with the Detroit Water and Sewerage Department than to cover its 30% share of the new KWA pipeline from Lake Huron.)

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9) “Treasury held two and possibly three lengthy meetings to go over the Tucker Young report with the Flint leaders, KWA consultants and DEQ representatives,” Dillon said. “During these meetings, we learned several assumptions made by TY were incorrect and undermined the conclusions reached in their report.” November 18, 2015 email from Andy Dillon to the Press (The treasury poked holes in the TYT study because it did not support the decision that by switching to the not yet built KWA, the Flint River which was deemed to be a corrosive undesirable water source by TYT would have to serve the City of Flint’s demand for water in the interim.)
10) “I never received any pressure from the governor’s office to decide one way or the other on approving the KWA,” “We ... made a decision based upon what we thought was in the best interests of Flint. The decision to support KWA was influenced by our conclusion that there was no financial risk to Flint for the project, and the DEQ’s conclusion that it was more beneficial and economical for Flint to join KWA (again a separate and distinct decision from using the Flint River).” “this is the outcome the local officials wanted,” – November 18, 2015 email from Andy Dillon to the Press ***** (Admission that Dillon was involved in the KWA decision) *****
DANIEL WYANT, Director of MDEQ
1) “With respect to the draft memo referenced in your letter, the MDEQ does not review or receive draft memos from the USEPA, nor would we expect to while it is a draft.”September 17, 2015 email response to inquiry from Flint area legislators Jim Ananich, Sheldon Neely, and Phil Phelps (Misrepresenting the policy on EPA memos)
2) “staff made a mistake while working with the city of Flint. Simply stated, staff employed a federal (corrosion control) treatment protocol they believed was appropriate, and it was not.” Also; “simply said, our staff believed they were constrained by two consecutive sixmonth tests. We followed and defended that protocol. I believe now we made a mistake. For communities with a population above 50,000, optimized corrosion control should have been required from the beginning. Because of what I have learned, I will be announcing a change in leadership in our drinking water program.”-October 18, 2015 email to Governor Snyder (admitting that the MDEQ made many mistakes over the course of this whole crisis and that Miguel Del Toral was correct)
3) “actions reflected inexperience, and our public response to the criticism was the wrong tone early in this conversation.”-October 18, 2015 remarking on MDEQ’s response to the crisis (admitting that the MDEQ made many mistakes over the course of this whole crisis and that Miguel Del Toral was correct)
4) “There is substantial controversy over the lead and copper rule – the EPA has been working for years on ways to update it, and Michigan will be an active part of that conversation going forward. The situation in Flint is a snapshot of an issue affecting cities around the state and the nation. More than a dozen states use the same sampling protocol Michigan uses – that’s not a defense of the protocol, but rather an indication that even experts on the issue disagree about the most effective testing methods. What everyone can agree on is that lead is a serious issue. And I think everyone can agree that when the state came to recognize that there could be a health threat in the city, we took appropriate action. We are now

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engaged in an unprecedented effort to protect kids and families in Flint, develop more knowledge about what has happened and how people were affected, and take steps to make sure it doesn’t happen again – in Michigan, or anywhere else. All the people who brought this issue forward deserve credit for bringing it to us. Our actions reflected inexperience, and our public response to the criticism was the wrong tone early in this conversation. But the best we can do with the situation going forward is represented in our present course – the Governor’s plan represents all the suggestions outlined in the draft EPA memo, the Virginia Tech report, and the guidance we’ve gotten from EPA.”—October 18, 2015 response to a Detroit News inquiry (admission that the lead issue has become a serious issue that needs to be addressed, however, states that the MDEQ did enough when addressing this problem since the beginning and that experts can disagree which does not make the MDEQ experts and their sampling methods wrong; this was proven to be wrong due to the fact that their methods were faulty for sampling the water and testing for lead and legionella)
MDEQ
1) Jim Sygo writes that he’s never seen trihalomethane issues (one of the early water safety violations in Flint “cause such discoloration” in drinking water. January 29, 2015 email response to other state defendants about the Bridge Magazine story regarding resident complaints about Flint Water
2) “hiccups” ranging from the boil water advisories, to increased bacteria, to increased chlorine required to treat the water with the side effects of potentially higher trihalomethanes (a potential health threat)… “But it’s not like an imminent threat to public health.” DEQ also states, “The City of Flint has tremendous need to address its water delivery system.” Regarding the trihalomethane issue, DEQ says it’s a key thing “to remember that once the city connects to the new KWA system in 2016, this issue will fade into the rearview.”—February 2015 MDEQ Backgrounder memo to Gov. Snyder on the Flint Water Situation
3) DEQ responded to EPA saying that the Flint Water Treatment Plant has an optimized corrosion control program. -February 27, 2015 MDEQ response to EPA about Corrosion control (this proved to be false as can be seen through Stephen Busch’s email correspondence)
KEY POINTS FROM THE MDEQ BRIEFING PAPER TO THE FLINT WATER TASK FORCE November 16, 2015
4) “Did the DEQ require the City to have corrosion control in place when it switched to the Flint River as its source of drinking water? No… The DEQ requested that the City perform two 6-month rounds of monitoring to demonstrate if the City was practicing optimal corrosion control treatment…. Since the City water system had not been the supplier of water before, the DEQ did not require the City to maintain corrosion control for

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which it was not responsible…. The DEQ’s instructions to the City were consistent with past practices afforded to all other large water systems. At the beginning of the (Lead and Copper Rule), all large systems were initially granted the option to demonstrate optimal corrosion control treatment through full-scale monitoring under the applicable rules. For these reasons, two 6-month rounds of monitoring, as required by the LCR, were the required means to determine whether or not optimal corrosion control was being achieved.” 5) “What was the DEQ’s response to the USEPA’s inquiry in February 2015 regarding optimized corrosion control treatment being implemented by the City under the LCR? The DEQ indicated that the City was complying with the LCR, the lead 90th percentile level was below the action level of 15 ppb, and the City was already conducting the second round of monitoring which would provide for a determination of whether additional treatment needed to be installed. It should be noted that once treatment is designated as optimal, there is no requirement in the LCR that lead results be lower than they were before treatment was installed. The 90th percentile only needs to be lower than the action level in the LCR.” 6) “Did the DEQ attempt to mislead the USEPA in a February 27, 2015, email responding to the USEPA’s inquiry regarding Optimal Corrosion Control Treatment? No. There was no attempt by the DEQ to mislead the USEPA. There is an email from Steve Busch, Jackson and Lansing District Supervisor, Office of Drinking Water and Municipal Assistance, indicating that the City was practicing a corrosion control program. What was meant was that the City was performing the required monitoring to determine whether or not they were practicing optimized corrosion control. The DEQ subsequently clarified its position in follow-up emails and telephone conversations with the USEPA.” 7) “When General Motors announced its intent to terminate water service from the City… should this have been a sign that there were concerns with the quality of the water after the switch to the Flint River?.. No. General Motors made a decision regarding the quality of the water for its manufacturing processes. At the time, the company indicated that the chloride levels were above limits acceptable as part of the manufacturing facility’s limit for production purposes. The level of chlorides in the water treated by the City was not a human health or aesthetic concern.” (Chlorides accelerate corrosion, so much so that the Flint water was no longer suitable for GM’s manufacturing processes. Corrosion also accelerates lead levels in drinking water. Outside experts like Virginia Tech’s Marc Edwards and Flint Dr. Mona Hanna-Attisha clearly connected these dots. Yet MDEQ did not react to this General Motors warning sign.) 8) Additional revelations about how lead samples were collected in Flint. (An issue first raised in part by Miguel Del Toral in February 2015 and amplified in the fall by Virginia Tech’s Marc Edwards) “DEQ had no reason to question the validity of the City’s reports until the DEQ heard City employees revealing to the media that the City did not know for certain if its compliance monitoring was collected from homes with lead service lines… (T)he DEQ determined from information available that a significant number of these sites that had been listed as having lead service lines either did not have them or the information was unavailable. On November 9, 2015, the DEQ notified the City in writing that it would be

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necessary to conduct a complete assessment of its sampling pool and report back its findings by December 30, 2015. 9) “Do the DEQ’s sampling instructions comply with the Lead and Copper Rule? The DEQ continues to seek official clarification from the USEPA regarding the sampling protocols. [NOTE: This is NINE months after EPA’s Del Toral raises serious questions about DEQ’s sampling protocols. Early in the implementation of the LCR, the DEQ had encountered too many situations where compliance samples had been collected from kitchen and bathroom taps that had not been used in days and in some cases, even weeks, resulting in excessively stagnated water and correspondingly high lead levels that did not represent typical exposure expected after overnight stagnation…. In order to ensure samples were taken at customer taps representative of typical use, the DEQ devised the current recommendations for ensuring appropriate but not excessive stagnation for LCR monitoring.”
NICK LYON, Director of MDHHS
1) In an e- mail, he stated: “I need an analysis of the Virginia Tech/Hurley data and their conclusions. I would like to make a strong statement with a demonstration of proof that the lead blood levels seen are not out of the ordinary and are attributable to seasonal fluctuations. Geralyn is working on this for me but she needs someone in public health who can work directly with her on immediate concerns/questions.”-September 28,2015 internal email to his department (regarding needing proof to say the lead blood levels were not out of the ordinary so he could prove the Edwards and Hurley studies were wrong and the MDHHS and other state agencies were correct the whole time even though they knew they were not.)
2) Lyon: “I’d like to express my appreciation to the Hurley doctors for bringing this issue to our attention. Is that ok?” Wells: “Yes, yes, yes, is my vote!!!!” Lyon: “Can I confidently say that we were not aware before last week?” Wells: “I was aware only of (Virginia Tech) and DEQ media; until Thursday last week.”—October 1, 2015 email exchange between Lyon and Wells (Lyon didn’t get the MDHHS data defense he’d requested just a few days earlier. The data showed just the opposite. The scientific proof of the true extent of the Flint disaster is completely brought to light by outside researchers (Virginia Tech and Hurley). Those outside researchers must first overcome the denials and deflections of two state departments in which dozens of state workers – from Snyder appointees and spokespeople, to medical “experts,” to technical regulators and other government employees.)
3) “A recent announcement by local doctors that blood lead levels are rising in children residing in Flint’s most at-risk ZIP codes added to the state’s knowledge and sparked some additional precautionary measures.” “The state takes lead seriously. Although continued analysis is being conducted, the MDHHS analysis is consistent with the local finding.” – October 2, 2015 Email from Snyder Deputy Press Secretary Dave Murray transmits a release by MDEQ Director Dan Wyant and MDHHS Director Nick Lyon with more admissions (admissions by Lyon, but in the end still says the state was doing everything correctly)

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4) “While we cannot conclusively say that the water source change is the sole cause of the increase, this analysis supports our efforts as we take active steps to reduce all potential lead exposures in Flint”—October 2, 2015 Said by Nick Lyon and quoted by Governor Snyder in his Comprehensive Action Plan to address Flint Water issues
MDHHS
1) “Final Legionellosis outbreak report” to the Genesee County Health Department and discusses the report with the U.S. Centers for Disease Control and Prevention. The report confirms 45 cases of the disease and says more than half of the patients had a “healthcare facility exposure” shortly before developing the illness. Others were exposed to Flint water at their home – others did not. – June 4, 2015 report sent to the Genesee County Health Department
2) “The DEQ… gave a long summary about the Flint water issues…. bottom line is that the water itself is safe but they have an old water treatment plan and old cast iron pipes that haven’t been upgraded in more than 40 years…. Flint is not in violation of the lead standards… DEQ briefed the mayor and some legislators on Monday on the situation… Flint’s water supply is not an imminent public health problem but a public confidence problem due to the many groups getting involved and controversial reports/media coverage on it.”- September 23, 2015 email from Mikelle Robinson to colleagues at MDHHS (describing briefing to the governor where the water was not blamed for the Lead and stated that there was no lead issue, both of which were false)
3) Email from Wesley Priem, manager of the MDHHS Healthy Homes Section, to colleague Kory Groetsch: “Yes, the issue is moving… at the speed of rushing water… I am trying to keep everyone updated… I am also trying at this minute to watch the teleconference on MLive… But not having much success… This is definitely being driven by a little science and a lot of politics.”—September 24, 2015 email between Wesley Priem and Kory Groetsch (dismissing Dr. Hanna-Attisha results and stating that she was motivated by politics.)
4) “MDHHS epidemiologists continue to review the ‘data’ provided by a Hurley Hospital physician that showed an increase in lead activity following the change in water supply. While we continue to review this data, we have stated publicly that Hurley conducted their analysis in a much different way than we do at the department. Hurley used two partial years of data, MDHHS looked at five comprehensive years and saw no increase outside the normal seasonal increases. The Hurley review was also a much smaller sample than MDHHS data as ours includes all hospital systems in Flint as well as outside laboratories.” “We have also provided the attached data chart that outlines if the elevated blood lead levels were being driven by change in water, we would have seen the elevated levels remain high after the change in water source.” The MDHHS charts further question the assertion of elevated lead levels being due to the Flint water change. Lead paint is another cause of elevated lead levels, with data suggesting routine elevations in warmer months due to more lead paint chips/dust being in the air. The charts suggested lead levels “remained fairly steady” over the past five years, including before and after the water shift… “If elevated blood levels were being driven by the change in water, we would expect to see the elevated

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levels remain high after the change in water source, rather than follow the seasonal pattern as they did by decreasing in the fall months.” -- September 25, 2015: Email from MDHHS Deputy Director Geralyn Lasher to Snyder’s chief of staff Dennis Muchmore, MDEQ Director Dan Wyant, MDEQ Director of Communications Brad Wurfel (continued agency skepticism about the methodology used in the outside reports and further efforts of trying to discredit the studies) 5) “Initial analysis of MDHHS data found that blood lead levels of children in Flint have followed an expected seasonal trend; due to small numbers further analysis was initiated.” “After a comprehensive and detailed review down to the zip code level, we have found that the state analysis is consistent with that presented by Hurley.” “There is an increased proportion of children with elevated blood lead levels in several zip codes, particularly 03 and 04. These appear to have increased over the past 1.5 years.” “Lead exposure can occur from a number of different sources (such as paint, gasoline, solder, and consumer products) and through different pathways (such as air, food, water, dust and soil.) Although there are several exposure sources, lead-based paint is still the most widespread and dangerous highdose source of lead exposure for young children.” “We reviewed MDHHS statewide data using the same methodology used by Hurley, looking at our numbers by zip code and age ranges, and filtering out non-Flint children. Routine surveillance of blood lead levels does not analyze data down to the zip code level. Detailed analysis like this occurs when there is reason to focus on precise locations or populations.”- October 1, 2015 MDHHS talking points memo (The state had not previously performed this detailed analysis, despite clear reason to focus on precise locations and populations in the city of Flint for months. It took a Flint doctor to show state government experts the path to the truth. With this admission, state agencies and the Snyder Administration finally begin to shift from defense, denial, and deflection to action.)
LIANE SHEKTER SMITH, Chief of the Office of Drinking Water and Municipal Assistance for MDEQ
1) “I’m theorizing here, but most likely what they are seeing is a result of differing water chemistry. A change in water chemistry can sometimes cause more corrosive water to slough material off of pipes as opposed to depositing material or coating pipes in the distribution system. This may continue for a while until things stabilize. It would be unusual for water leaving the plant to have color like people are seeing at their taps. Generally this is a distribution system problem or a premise plumbing issues. Since it appears wide-spread, it’s most likely a distribution system problem.” January 29, 2015 email to MDEQ Deputy Director Jim Sygo (regarding a change in water chemistry misrepresentation)
2) “The balance here is between what is realistic and what is ideal. Of course, everyone wants 100 percent compliance. The reality, however, is that it’s impossible. It’s not that we ‘allow’ a Flint to occur; circumstances happen. Water mains break, systems lose pressure, bacteria gets into the system, regulations change and systems that were in compliance no

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longer are, etc. Do we want to put a goal in black and white that cannot be met but sounds good? Or do we want to establish a goal that challenges us but can actually be accomplished? Perhaps there’s a middle ground?”-May12, 2015 response to MDEQ Water Resources Chief, William Creal, and Director of Michigan Office of the great lakes, Jon Allan (effectively making a decision to not achieve 100% of community based health standards) 3) “while we understand your concerns with the overall implementation of the lead and copper rule; we think it is appropriate for EPA to indicate in writing (an email would be sufficient) your concurrence that the city is in compliance with the lead and copper rule as implemented in Michigan… This would help distinguish between our goals to address important public health issues separately from the compliance requirements of the actual rule which we believe have been and continue to be met in the city of Flint.”-July 2015 email to EPAs Tinka Hyde 4) “Since we last spoke, there’s been an increase in the media regarding lead exposure. Any progress developing a proposal for a lead education campaign? We got a number of legislative inquiries that we are responding to. It would be helpful to have something more to say.”-September 11, 2015 Email to Dykema and Groestch (Liane did not know how to respond to the inquiries and was looking for someone in MDHHS to direct her in what to falsely report) 5) “Staff believed that it was appropriate to monitor for two 6-month rounds of sampling to determine if additional measures were necessary. Based on the sampling performed, the city is required to install corrosion control treatment…A pilot test was not required or conducted. Staff believed that it was appropriate to monitor for two 6-month rounds to determine if additional measures would be necessary.”-October 15, 2015 email to Wurfel 6) “Our position has always been that we do not dictate which acceptable option(s) a water supply may choose. Our responsibility is to see that operations are managed properly, regulations are met, and safe water is delivered. For example, when Flint decided to leave Detroit and operate using the River, our role wasn’t to tell them our opinion; only what steps would be necessary to make the switch.”-January 21, 2015 Email from Liane Shekter Smith to MDEQ colleagues Stephen Busch, Mike Prysby, Richard Benzie, Maggie Datema, Sara Howes, Brad Wurfel, and Jim Sygo (the agency’s deputy director). (Misrepresenting what the role of MDHHS was in the Flint River switch process) 7) “As indicated during the meeting, the City’s sampling for lead complies with the Action Level standard of 15 parts per billion, but… the City will need to make a recommendation to the MDEQ on how they will fully optimize their corrosion control treatment.” “Samples collected at your residence of 212 Browning Avenue were not included in this compliance determination as you utilize a whole home filter.” But DEQ confirmed very high lead levels, as high as 707 parts per billion in the spring, before the water main serving that residence was replaced and the situation improved.“…. (O)ur office has been in contact with the Department of Health and Human Services…. And had some preliminary discussions about a public education and assistance campaign regarding household lead issues, guidance and abatement.” – August 24, 2015: MDEQ’s Liane Shekter Smith sends an email to MDEQ’s Brad Wurfel outlining a draft email to Flint resident LeeAnn Walters,

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whose high drinking water lead levels earlier in the year sparked Miguel Del Toral’s sounding of alarm bells at the EPA. The Shekter Smith email indicates that Ms. Walters had a meeting in the governor’s office on August 4. (Email laying out key points she intends to send to Ms. Walters, however, never actually does) 8) Before the switch to Flint River water, “Staff believed that it was appropriate to monitor for two 6-month rounds of sampling to determine if additional measures were necessary. Based on the sampling performed, the city is required to install corrosion control treatment (see August 17, 2015 letter).” “A pilot test was not required or conducted. Staff believed that it was appropriate to monitor for two 6-month rounds to determine if additional measures would be necessary.”—October 15, 2015 Email from Liane Shekter Smith (MDEQ) to DEQ colleagues Brad Wurfel, Jim Sygo, and George Krisztian. (email justifying how and why the MDEQ performed their sampling of the water) 9) “… (T)his is a huge expense…. They have to figure there are approximately 30 drinking water faucets on average at each school… I suspect it’s a really big number! This proposal is also disconnected from how water sampling is accomplished. Most parameters are required to be met at the plant tap (at the point the water enters the distribution system). Only a few parameters (lead, copper, disinfection byproducts, bacteria) are monitored out in the system at customer taps. Even if the proposal were to be for only lead and copper, this is a huge expense that would be placed on the supplier of water inappropriately. I understand the desire to have this kind of information, but if the legislature wants to require this monitoring, the burden for this should be on the schools or the board of education.”December 3, 2015 email response to State Representative Adam Zemke (complaining that it would be a huge cost and hassle to test schools for lead and copper and even more to test for other contaminants)
STEPHEN BUSCH, District Supervisor assigned to the Lansing District Office of the MDEQ
1) “One of the things we didn’t get to today that I would like to make sure everyone is on the same page on is what Flint will be required to do in order to start using their plant full time. Because the plant is setup for emergency use, they could startup at any time, but starting up for continuous operation will carry significant changes in regulatory requirements so there is a very gray area as to what we consider for startup.”-March 26, 2014 Email to Shekter-smith
2) “While the Department is satisfied with the City’s ability to treat water from the Flint River, the Department looks forward to the long term solution of continued operation of the City of Flint Water Treatment Plant using water from the KWA as a more consistent and higher quality source water.” - April 23, 2014 email to Wurfel
3) Defendant Busch told the EPA on behalf of MDEQ that the Flint Water Treatment Plant had an optimized corrosion control program. February 27, 2015 email to the EPA
4) Defendant Busch claimed that “almost all” homes in the pool sampled for lead in Flint had lead service lines. July of 2015

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5) The second round of Flint drinking water testing showed a 90th percentile level of 11 parts per billion, almost double the prior round’s results. --July 24, 2015 email to Defendant Wurfel copied to all others on the original e-mail
6) that Flint would be completing “a study (within 18 months) and are allowed a period of additional time (2 additional years) to install the selected treatment for fully optimized corrosion control.”-July 24, 2015 email to Wurfel (regarding a study on corrosion control and the Flint River)
7) “[a]ll previous water quality parameter ranges would have been established for the City of Flint’s wholesale finished water supplier, the Detroit Water and Sewerage Department, not the City of Flint itself. As the City of Flint has not yet established optimized corrosion control treatment, the MDEQ is not yet at the point of regulatory requirements where the range of water quality parameters would be set.”- September 10, 2015 response to Dr. Yanna Lambrinidou (Admission: DEQ let Flint switch drinking water sources to the Flint River without establishing water quality parameters.)
8) “… a WQP range is only required to be established at the water treatment plant tap after the system has demonstrated optimized corrosion control treatment…. As the City of Flint water treatment plant has not yet installed such treatment or been given the designation of optimized corrosion control treatment these plant tap values have not been established.”(Defendant Busch’s response reiterated his belief that Flint was not required to implement corrosion control until unacceptably high levels of lead had already appeared in the water.) -Second response to Dr. Yanna Lambrinidou September 25, 2015
9) “As indicated by Mike and Adam the city is meeting 90th percentile. Not sure why region 5 [EPA] sees this one sample as such a big deal.”-February 26, 2015 email response to crooks email sent to Liane Shekter smith and Richard Benzie at MDEQ---Ms. Walters lead Levels were not a big deal…an EPA technical report would conclude that “this one sample” as Busch described it, was a very big deal, indeed…. “As indicated by the results from the Walters’ home and previous EPA work, the presence of lead pipes over many years has likely resulted in the accumulation of lead in the scales within non-lead pipes downstream of the lead pipe.”
10) “… there is no evidence or confirmation of legionella coming directly from the Water Treatment Plant or in the community water supply distribution system at this time.” -March 11, 2015, Email from Stephen Busch to Mike Prysby and Richard Benzie (all MDEQ) [contradicts the evidence pointing to the water supply as the source of the legionella]
11) “No movement from Department of Community Health/Genesee County Health Department on Legionella to my knowledge.” April 6, 2015 email to Liane Shekter Smith and Richard Benzie (this is false because on March 19, 2015 Busch received an email from James Henry (GCDH) regarding all of the steps they have taken in their legionnaires investigation)
12) “… (T)here are no additional requirements for the City of Flint based on the levels of lead and copper in the current source water and the results of the lead and copper distribution monitoring… I believe this condition has been met.”-April 24, 2015 email in MDEQ email chain (March 2015 Veolia report directly contradicts this)

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13) “If he continues to persist, we may need Liane or Director Wyant to make a call to EPA to help address his over-reaches.”-April 27, 2015 email to Pat Cook (states that they need to block Del Toral from spreading information about the corrosion control)
14) email from Jennifer Crooks (EPA) to Busch, Prysby, and Cook at DEQ on July 14… “I understand that Flint didn’t get the minimum number of lead samples (100) for the second six-month monitoring period that ended June 30, so I assume Flint is collecting the remaining samples now.” a. Busch responds a day later, “We will provide the 90th percentile when available, but at this point we do not anticipate any violations of the Lead and Copper Rule.”July 15, 2015 Stephen Busch response to Jennifer Crooks
15) “Sampling requirements look at the worst case plumbing materials. Samples must be collected in accordance with the regulatory requirements and criteria in order to be used for compliance determinations.”-July 25, 2015 (MDEQ was not even sure if they were sampling from lead services lines)
16) “As there has been much interest regarding lead related to Flint drinking water, I have attached our latest letter which covers the most recent January–June 2015 monitoring period. The City is in compliance with the 15 part per billion action level for lead. Yet based on these results, the treatment cannot be deemed to provide fully optimized corrosion control treatment, and the City will need to recommend additional treatment to achieve this optimization under the Lead and Copper rule requirements established under the Michigan Safe Drinking Water Act.”- August 17, 2015 email to Wurfel…(States that the City does need to implement additional treatment which directly contradicts what he was previously saying)
PATRICK COOK, Water Treatment Specialist assigned to the Lansing Community Drinking Water Unit of the MDEQ
1) “[a]s Flint will be switching raw water sources in just over one year from now, raw water quality will be completely different than what they currently use. Requiring a study at the current time will be of little to no value in the long term control of these chronic contaminants.”-May 1, 2015 email to Mr. Del Toral (regarding the incoming switch to the KWA)
2) “The rules you stated below allow large systems to be considered having optimal corrosion control if they have data from two consecutive 6 month monitoring periods that meet specific criteria. (The Michigan Department of Environmental Quality Office of Drinking Water and Municipal Assistance) has not made a formal decision as to whether or not the City of Flint meets the exemption criteria or will be required to do a corrosion control study since Flint has only completed one round of 6 month monitoring. The City of Flint’s second round of monitoring will be completed by June 30, 2015, and we will make a formal decision at that time…the City of Flint’s sampling protocols for lead and copper monitoring comply with all current state and federal requirements. Any required modifications will be

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implemented at a time when such future regulatory requirements take effect.”- May 1, 2015 email to Mr. Del Toral (regarding sampling Protocols) 3) “Hi Steve – I agree, the constant second guessing of how we interpret and implement our rules is getting tiresome… Any ways, when you have a minute please give me a call so we can figure out how to respond to Miguel.”-April 27, 2015 email to Busch/Prysby (agreeing with Busch about curbing Del Toral’s effort of spreading information regarding the City of Flints lack of Corrosion Control)
State of Michigan
1) “in the process of providing a water cooler on each occupied floor, positioned near the water fountain, so you can choose which water to drink.”-January 7, 2015 DTMB FACILITY NOTIFICATION (advisory regarding tap water and supplying government staff with safe cooler water)
MICHAEL PRYSBY, MDEQ Engineer assigned to District 11
1) the Flint River water had elevated chloride levels. He stated that “although not optimal” the water was “satisfactory.” “stressed the importance of not branding Flint’s water as ‘corrosive’ from a public health standpoint simply because it does not meet a manufacturing facility’s limit for production.”-October 2014 email to Shekter-Smith and Busch (discussing General Motors’ Decision to no longer use the Flint River.)
2) “a study on the Flint River as an emergency intake had been conducted in 2004.” - February 6, 2014 response to EM staff (asking whether he knew if MDEQ had ever conducted a “source water assessment” for the Flint River after stating he did not know)
3) “.. given that this state building has high public traffic (Flint citizens); it was felt prudent to offer an alternative supply of drinking water to citizens entering the building.”- January 12, 2015 (giving an alternative drinking water supply to citizens entering the state building)
4) “I am not aware of any source water assessment conducted for the Flint River watershed” but says he wants to confirm this information. February 6th, 2015 response to Liz Murphy Assistant to the EM (He was not aware of the 2004 “Source Water Assessment Report for the City of Flint Water Supply – Flint River Emergency Intake.” The 11-year-old report itself notes that the Flint River is a very highly sensitive drinking water source that is susceptible to contamination. The fact that Prysby doesn’t know of or remember this report in February 2015 raises questions about whether the report was even considered as state and local officials prepared for the switch to Flint River water in spring 2014)
5) “I recall Adam showing me a high lead/copper sample result (perhaps it was this one)… as part of the city’s routine lead-copper monitoring. Adam mentioned that all other samples were below the (allowable limit… and the city will not exceed the lead allowable limit. I will confirm this. The city; however, needs to take further action to help address Ms. Walters’ concern. The type of plumbing needs to be identified and sample tap location within the premise plumbing. They should offer to re-sample for PB after flushing the tap to demonstrate that flushing the tap will reduce the lead concentration. The city also needs to provide other

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lead reduction strategies to Mrs. Walters.”-February 26, 2015 response to EPA Jennifer Crooks emails (regarding Ms. Walters high lead levels found in her water supply) 6) “As we discussed, Flint is not practicing corrosion control treatment…”- April 24, 2015 email circulated around the MDEQ defendants (directly contradicts the MDEQ quote stating they were practicing corrosion control)
BRADLEY WURFEL, Director of Communications for MDEQ
1) “The ACLU has saved us the trouble of waiting on the EPA for the report… it’s online at the link below… Miguel apparently asserts that the DEQ and EPA are at odds on proper protocol. Which seems weird.”-July 9, 2015 email to Steve Busch at DEQ as ACLUMichigan is breaking the story of the June 24 Del Toral memo and Michigan Radio reporter Lindsey Smith is sending related press inquiries to Wurfel. At this point MDEQ officials have clearly heard Del Toral’s concerns numerous times, but they still do not have Del Toral’s June 24 memo. (in response to the ACLU-Michigan breaking the Del Toral Story)
2) “Let me start here- anyone who is concerned about lead in the drinking water in Flint can relax.”-July 13, 2015 Public Statement to Michigan Radio in a story headlined, “Leaked internal memo shows federal regulator’s concerns about lead in Flint’s water. (Regarding water quality and telling the public they can relax about the water quality stating that it was acceptable, when in fact it was not)
3) “Guys, the Flint Ministers met with the Governor’s office again last week. They also brought along some folks from the community – a college prof and GM engineer – who imparted that 80 water tests in Flint have shown high lead levels. Could use an update on the January/June testing results, as well as recap of the December testing numbers, and any overview you can offer to edify this conversation?”-July 24,2015 email to Busch, prysby, Wyant and Shekter Smith (Questions Marc Edwards’ water tests)
4) “Guys, here’s an update and some clarification on the lead situation in Flint. Please limit this information to internal for now…By the tenants of the federal statute, the city is in compliance for lead and copper. That aside, they have not optimized their water treatment… Conceivably, by the time we’re halfway through the first timeline, the city will begin using a new water source with KWA… and conceivably, the whole process starts all over again. In terms of near-future issues, the bottom line is that residents of Flint do not need to worry about lead in their water supply, and DEQ’s recent sampling does not indicate an eminent health threat from lead or copper.”-July 24, 2015 Email to Muchmore and Wyant (gives an update on lead situation and Stating that residents do not need to worry)
5) “[d]on’t know what it is, but I know what it’s not. The key to lead and copper in drinking water is that it’s not the source water, or even the transmission lines (most of which are cast iron). It’s in the premise plumbing (people’s homes).”-August 27, 2015 Email response to Governor’s Office Inquiry (regarding high lead levels in people’s homes and still not blaming the water for the high lead levels, instead he places that blame on the people’s homes. Dr. Hanna-Attisha’s report directly contradicts this in that 10-80% of the city’s water pipes have the ability to leach lead)

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6) “This person is the one who had EPA lead specialist come to her home and do tests, then released an unvetted draft of his report (that EPA apologized to us profusely for) to the resident, who shared it with ACLU, who promptly used it to continue raising hell with the locals…”- August 27 2015, Wurfel response to Mike Brown. Brown inquired: “So this resident’s lead levels are much higher than the 90th percentile mentioned in the previous email. What is the discrepancy?” (Response to Ms. Walters pipes being made out of plastic and a further attempt to discredit Del Toral)
7) “Bottom line is that folks in Flint are upset – because they pay a ton for water and many of them don’t trust the water they’re getting – and they’re confused, in no small part because various groups have worked hard at keeping them confused and upset. We get it. The state is trying like mad (to) get the word out that we’re working on every aspect of the health safety of local water that we can manage, and the system needs a lot of work… (I)t’s been rough sledding with a steady parade of community groups keeping everyone hoppedup and misinformed.” August 27, 2015, Wurfel response to Mike Brown. Brown inquired: “So this resident’s lead levels are much higher than the 90th percentile mentioned in the previous email. What is the discrepancy?” (Wurfel Response to Ms. Walters pipes being made out of plastic and a further attempt to discredit Walters)
8) “[W]e want to be very clear that the lead levels being detected in Flint drinking water are not coming from the treatment plant or the city’s transmission lines… The issue is how, or whether, and to what extent the drinking water is interacting with lead plumbing in people’s homes…. the results reported so far fail to track with any of the lead sampling conducted by the city. In addition, Virginia Tech results are not reflected by the blood lead level testing regularly conducted by the state department of community health that have not shown any change since Flint switched sources.”-September 2, 2015: MDEQ’s Brad Wurfel responds to Virginia Tech revelations with more deflection and denials in a press release emailed to MLive.com reporter Ron Fonger. (Discrediting Marc Edwards and continuing to deny that lead was coming from the untreated water going through the WTP and the Flint Transmission lines)
9) “The samples don’t match the testing that we’ve been doing in the same kind of neighborhoods all over the city for the past year. With these kinds of numbers, we would have expected to be seeing a spike somewhere else in the other lead monitoring that goes on in the community.”-September 6, 2015 Another DEQ denial in a quote from Brad Wurfel aired/published by Michigan Public Radio regarding the Virginia Tech lead testing results (attempt to discredit Edwards on Michigan Public Radio; continued denial that the water that was untreated for corrosion running through the city’s transmission pipes was the cause of the lead)
10) “[T]he state DEQ is just as perplexed by Edwards’s results as he seems to be by the city’s test results, which are done according to state and federal sampling guidelines and analyzed by certified labs.”-September 9, 2015 Email from Brad Wurfel (MDEQ) to Ron Fonger at MLive questions Marc Edwards’ conclusions (This reasoning does not include such important things as: 1) Del Toral’s longstanding concerns about the sampling methods in Flint; and, 2) The fact that the number of lead samples in Flint actually decreased after Del Toral first made his lead concerns known to MDEQ, with state approval, from 100 in the

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first six-month test to 60 in the second six-month test. Later, investigators conclude that the city’s sampling procedures were flawed. Ultimately, in January 2016, the EPA announces it will take over lead sampling and monitoring in Flint.) 11) “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.” -September 9, 2015 Email from Brad Wurfel (MDEQ) to Ron Fonger at MLive questions Marc Edwards’ conclusions (this assertion completely ignores the controversy and explicit Del Toral warnings over corrosion control and sampling methods that has long brewed between EPA and DEQ.) 12) “We’re confident with what we’ve done, but we know there are concerns.”- September 25, 2015 Detroit Free Press publishes a report about Hanna-Attisha’s revelations and quotes MDEQ’s Brad Wurfel with yet another defense/deflection. (still expressing confidence in the sampling methods the MDEQ was using and the work they had done up until that point) 13) the Flint situation is turning into “near hysteria,” and saying of Dr. Hanna-Attisha’s statements “I wouldn’t call them irresponsible. I would call them unfortunate.” “Flint’s drinking water is safe in that it’s meeting state and federal standards. The system has an aging portion that needs to be addressed. They haven’t had meaningful maintenance for four decades or more.” - Associated Press publishes another quote attributed to MDEQ’s Brad Wurfel in response to Dr. Hanna-Attisha’s statements on September 28, 2015 (He again declares Flint’s water safe and tries to further discredit the Hurley studies.) 14) “In December, our staff became peripherally aware that the hospitals in Genesee were seeing an uptick in Legionnaires cases.” “Legionnaires is a water-borne illness. It essentially is a type of pneumonia caused by bacteria… Untreated, it can be deadly… More than 40 cases reported since last April. That’s a significant uptick – more than all the cases in the last five years or more combined.” “County Health Departments are supposed to perform epidemiological tracebacks on all confirmed cases of this disease, locate the source and address it. Genesee County Halth has not done this work as of November. At a January meeting with area hospitals, MDCH, DEQ and others, Nick Lyon reportedly directed the county health folks, in terms not uncertain, to get this done as a priority. As I’m sitting here today, it still is not done to my knowledge.” “My counterparts at MDCH informed me today that they cannot step in unless they are invited or unless the outbreak is multi-county. They’ve not been invited until, I believe, today. That may be in part because of the email string and letter I’ve enclosed here, which was unknown to MDCH until I shared it over to them.” “Essentially, Jim Henry with Genesee County Health is putting up the flare. He’s made the leap formally in his email that the uptick in cases is directly attributable to the river as a drinking water source – this is beyond irresponsible, given that it is his department that has failed to do the necessary traceback work to provide any conclusive evidence of where the outbreak is sources, and it also flies in the face of the very thing a drinking water system is designed to do.”-March 13, 2015 email to Harvey Hollins, an aide to Governor Rick Snyder (States that blaming the river for the legionella outbreak is irresponsible) 15) “Legionnaires is NOT among the 90 water contaminants screened in the Safe Water Drinking Act, but in the absence of action by county health, our staff are now considering

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taking samples from various points in the system and working with DCH’s lab to test for it, if for no other reason than to rule it out.”-March 13, 2015 email to Harvey Hollins, an aide to Governor Rick Snyder. (While technically true that the SDWA does not specifically state legionella; Legionella control is covered by the Surface Water treatment rule that is an EPA administrative rule promulgated under the authority of the SDWA)
Michael Brown
1) "It is understood that Flint will be exempt from any payment involved in the final 'go/nogo' engineering study that will be performed to determine final costs and details of the Karegnondi project," "It is agreed that the City of Flint will have 60 days to review the final engineering report prior to signing the actual KWA master contract."—February 13, 2012 Brown’s letter to Jeffrey Wright Genesee County Drain Commissioner. http://www.freep.com/story/news/local/michigan/flint-water-crisis/2016/06/22/flint-emcommitted-join-kwa-year-before-council-vote/86222140/
DARNELL EARLEY, Flint’s Emergency Manager from October of 2013, until January of 2015
1) “[w]e expect that the Flint Water Treatment Plant will be fully operational and capable of treating Flint River water prior to the date of termination. In that case, there will be no need for Flint to continue purchasing water to serve its residents and businesses after April 17, 2014.”-March 7, 2014 letter to DWSD (Regarding Water Treatment Plant capabilities) http://mediad.publicbroadcasting.net/p/michigan/files/201512/earlely_letter.pdf
2) He asserted that the tragedy was caused by local leaders, ignoring the MDEQ’s role and the fact that he and his fellow Emergency Managers had entirely usurped local authority at Governor Snyder’s direction. “This was a local decision that was made by local civic leaders. Anyone who says otherwise is being disingenuous.” October 26, 2015, the Detroit News published an audacious column from Defendant Earley entitled “Don’t blame EM for Flint water disaster.” http://www.detroitnews.com/story/opinion/2015/10/26/opinionflint-water-disaster/74657458/ (Earley writes this despite the fact that then-State Treasurer Andy Dillon made the “ultimate decision” to switch from DWSD, state-appointed emergency manager Ed Kurtz hired an engineering firm to figure out how to use the Flint River as a primary water source, and Earley himself penned the letter to DWSD saying Flint was switching water sources to the Flint River.)
GERALD AMBROSE, Flint’s Emergency Manager from January of 2015, until April 30, 2015
1) “[i]f $12 million annually were available for discretionary use, it would be far better spent reducing rates (which were the highest in the nation) paid by Flint customers and/or

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modernizing the City’s system.” “[t]he oft-repeated suggestion that the City should return to DWSD, even for a short period of time, would, in my judgment, have extremely negative financial consequences to the water system.” --March 3, 2015, memorandum to the Michigan Department of Treasury (As reported in the Michigan Department of Treasury Flint Water Timeline, September 2015.) A March 24 MLive.com report provides more context: “Ambrose has said the cost of water in Flint would likely rise 30 percent or more if the city returned to buying it from the city of Detroit for one year. ‘If $12 million annually were available for discretionary use, it would be far better spent reducing rates paid by Flint customers and/or modernizing the City’s system,’ Ambrose’s statement today says.” (The memo claims that reconnecting to DWSD would cost at least ten (10) million dollars per year, with bills as high as one (1) million dollars per month.) 2) “The current controversy surrounding the provision of water, and the path for resolution, has a potentially significant impact on the progress that is being made. I am satisfied that the water provided to Flint users today is within all MDEQ and EPA guidelines, as evidenced by the most recent water quality tests conducted by MDEQ. We have a continuing commitment to maintain water safety and to improve water quality, and have dedicated resources to assure this commitment will be made.”-March 3, 2015 memo to Deputy State Treasurer Wayne Workman 3) “It is incomprehensible to me that (seven) members of the Flint City Council would want to send more than $12 million a year to the system serving Southeast Michigan, even if Flint rate payers could afford it. (Lake Huron) water from Detroit is no safer than water from Flint”-March 24, 2015 Veto of City Council vote to reconnect to DWSD http://www.mlive.com/news/flint/index.ssf/2015/03/flint_emergency_manager_calls.ht ml 4) “Flint water today is safe by all Environmental Protection Agency and Michigan Department of Environmental Quality standards, and the city is working daily to improve its quality… water from Detroit is no safer than water from Flint.”-March 24, 2015 Veto of City Council vote to reconnect to DWSD (This proves to be an extremely inaccurate statement once the crisis came to a head later in 2015) http://www.mlive.com/news/flint/index.ssf/2015/03/flint_emergency_manager_calls.ht ml
DAYNE WALLING, elected mayor of the City of Flint
1) “It’s regular, good, pure drinking water, and it’s right in our backyard.”-April 25, 2014 televised Public Statement Regarding the Switch to the Flint River
2) “safe, quality product,” and claimed that “people are wasting their precious money buying bottled water.”-Mid 2014 Response to complaint coming in regarding the water after the switch to the Flint River. Statement to MLive.com (it was not a safe product)
3) ‘The governor and the (state) treasurer to their credit recognized it was important for the city’s elected representatives to be included in the decision about the long-term source (of water) because we would be living with it,’ he said. “But once the decision was made in April 2013, it become an operational issue … and I wasn’t directly involved… I wasn’t directly involved in the city’s (decision) to use the Flint River as a source… It’s now clear that the challenge was underestimated.” Walling blamed the Detroit Water and Sewerage

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Department for terminating Flint’s contract to purchase Lake Huron water while the KWA pipeline is under construction. ‘I do think it bears repeating that it was DWSD that terminated the contract with the city of Flint,’ he said. ‘DWSD put the city of Flint in a difficult position when they terminated that contract we had for decades and decades … My goal had always been to have a cooperative relationship with DWSD but every opportunity that was looked at ended with a barrier.’”-January 23, 2015 interview with MLive.com 4) States that The July apology email to him from EPA region 5 administrator Susan Hedman and ongoing internal review of Del Toral’s June 24 memo was part of the customary organizational process September 8, 2015 email response to Marc Edwards (who was speaking about the validity of Mr. Del Toral’s research). (Walling essentially makes it seem like he had no idea this was going on) 5) “I have searched myself over and over on this. I don’t know what more I could have done given the guidance coming from EPA and DEQ and subsequently city staff but this major health issue did come up anyway and our community is paying a huge price. As the press conference is put together, it is necessary in my mind that we provide an explanation for how this happened and outline the steps that ensure it will never happen again.”-September 30 email to Dan Wyant in response to Friar Phil Schmitter fiercely criticizing him for his declarations that the Flint River Water was safe. (Trying to pass along the blame off of himself and not admitting that he was part of the Flint River Water decision process and subsequent crisis)
HOWARD CROFT, Flint’s Department of Public Works Director
1) “The test results have shown that our water is not only safe, but of the high quality that Flint customers have come to expect. We are proud of that end result.”-Press release on April 25, 2014 regarding the switch to Flint River Water (The testing being used was flawed, and the water was not safe and not by any means high quality, it was not even close to the quality of water the City of Flint was getting from DWSD)
2) “I am pleased to report that the City of Flint has officially returned to compliance with the Michigan Safe Drinking Water Act and we have received confirming documentation from the DEQ today…Recent testing has raised questions regarding the amount of lead that is being found in the water and I wanted to report to you our current status. At the onset of our plant design, optimization for lead was addressed and discussed with the engineering firm and with the DEQ. It was determined that having more data was advisable prior to the commitment of a specific optimization method. Most chemicals used in this process are phosphate based and phosphate can be a ‘food’ for bacteria. We have performed over one hundred and sixty lead tests throughout the city since switching over to the Flint River and remain within EPA standards.”- September 3, 2015 email from Croft to numerous city officials, including Flint Mayor Dayne Walling. (Stating that the City of Flint had returned

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to compliance with Michigan’s safe drinking water act; samples taken were insufficient to draw any conclusions)
MICHAEL GLASGOW, water treatment plant operator for the City of Flint
1) “expecting changes to our Water Quality Monitoring parameters, and possibly our Disinfection Byproduct monitoring on lead & copper monitoring plan… Any information would be appreciated, because it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible… I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.”-April 16, 2014 letter/email to Adam Rosenthal at MDEQ regarding the Water Treatment Plant startup and distribution of water
2) “assumed there would be dramatic changes to our monitoring. I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.”-April 17, 2014 Email warning to MDEQ, Prysby, and Busch regarding the plan and concerns to distribute water
EDEN WELLS, Chief Medical Executive within the Population Health and Community Services Department of the MDHHS
1) “Agree,” (showing MDHHS continuing efforts to mislead the public, protect itself, and discredit Dr. Hanna-Attisha.) -September 29, 2015 email response to Linda Dykema Corinne Miller, Sara Lyon-Callo regarding Linda Dykema’s email about a data war
2) The state was working to replicate Hanna-Attisha’s analysis, and inquired about Dr. Hanna-Attisha’s plans to take the information public. -September 29, 2015 response to Dr. Hanna Attisha emailing her directly
3) “I certainly understand your role and the need to address the problem you identified; as physicians, our ethical and professional vows to care for and prevent harm to our patients is paramount. No need for data wars – I think we are all just trying to be sure, as you and I said earlier, that we are comparing the same data the same way – ‘apples to apples.’”September 29, 2015 email response to Dr. Hanna-Attisha (dismissing the state data inadequacies)
LINDA DYKEMA, director of the MDHHS Division of Environmental Health

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1) September 29, 2015 Linda Dykema responds to Corinne Miller, Sara LyonCallo and Eden Wells: “[i]t’s bad enough to have a data war with outside entities, we absolutely cannot engage in competing data analyses within the Department, or, heaven forbid, in public releases.” (This quote shows the continued efforts in opposing and resisting of acceptance outside studies that have been performed.)
2) “The DEQ has not seen a change in the city’s compliance with the lead rule since switching to the Flint River source.” “Regarding the EPA drinking water official quoted in the press articles, the report that he issued was a result of his own research and was not reviewed or approved by EPA management. He has essentially acted outside his authority.”- July 23, 2015 email summarizes her conversation with Busch
3) It appears that the researchers have completed testing of a lot of water samples and the results are significantly different than the city and DEQ data. It also appears that they’ve held public meetings in Flint, resulting in concerns about the safety of the water that have arisen in the last few days.”-September 22, 2015 email (MDHHS officials finally addressing the Edwards report findings which was 11 days after they had originally been published)
4) “It would appear that the Hurley physicians are looking just at younger children, rather than 0-16”—September 25, 2015 email (Previous MDHHS analyses of the Flint lead situation were looking at the same age range, using this to discredit the Hurley study. However, the MDHHS studies were not using data from specific zip codes.)
NANCY PEELER, MDHHS employee in charge of its childhood lead poisoning prevention program
1) “We compared lead testing rates and lead testing results to the same time frame for the previous 3 years, to see if there were any patterns that suggested that there were increased rates of lead poisoning after water supply was switched… There was a spike in elevated blood lead tests from July-September 2014 (chart on left, gold line)…. However that pattern is not terribly different than what we saw in the previous three years… (W)e are working with our epidemiologist to statistically verify any significant differences… We commonly see a seasonal effect with lead, related to people opening and closing windows more often in the summer, which disturbed old deteriorating paint on the windows… We suspect that the summer spike may be related to this effect… If the home water supply lines and/or river water were contributing to elevated blood lead tests, we expected that the increased rates would extend beyond summer, but they drop quite a bit from September to October, stayed low over the winter, and are just starting to tail up again in the spring of 2015…” “So, upon review, we don’t believe our data demonstrates an increase in lead poisoning rates that might be attributable to the change in water for Flint.” A MDHHS chart accompanying Peeler’s email clearly states… “Based on the results… positive tests for elevated blood lead levels were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014…. However, it’s important to note that the purpose of control charts is to monitor data for quick detection of abnormal variation – not to construct a case for causality.”- July 28, 2015 detailed response to the July 22

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departmental inquiry precipitated by the email of the governor’s chief of staff, Dennis Muchmore. (Trying to falsely discredit that the data on blood lead levels were due to the switch to the Flint River) 2) E-mail admitting an uptick in children with elevated blood lead levels in Flint in July, August, and September 2014, but attributing it to seasonal variation. July 28, 2015 email to MDHHS officials (It was not seasonal variation but, an increase of lead leaching into the water from the pipes being corroded by said water) 3) “My secret hope is that we can work in the fact that this pattern is similar to the recent past.”-in response to and the Day after Dr. Hanna-Attisha released her study. September 25, 2015 MDHHS’s Peeler tasks Robert Scott with responding to Free Press reporter Kristi Tanner. (They were trying anyway to discredit Dr. Hanna-Attisha’s data.) 4) “The email you received could be read as an intent to escalate and spin things, and I don’t think you need to get caught up in that.”-September 24, 2015 email to Robert Scott who is drafting a response to an email to Marc Edwards. Response to the request for comments on draft email from Scott to Edwards 5) “Based on questions coming through, I do think we need to run our Flint charts for the same population group that the Flint docs ran (as close as we can approximate the sample) but I’d look at it across the five years again. Depending on what our charts show, we may want to consider having (state epidemiologists) help us run an analysis more like the docs ran – but let’s look at the revised charts as a starting point.”--September 23, 2015 email to MDHHS regarding Dr. Mona Hanna-Attisha’s inquiries and date
ROBERT SCOTT, Data Manager for MDHHS’s Healthy Homes and Lead Prevention Program
1) “While the trend for Michigan as a whole has shown a steady decrease in lead poisoning year by year, smaller areas such as the city of Flint have their bumps from year to year while still trending downward overall.’”- September 25, 2015 an email from Scott to Angela Minicuci at MDHHS regarding responding to Free Press reporter Kristi Tanner (misrepresenting the trend of the spike in blood lead levels)
2) “I said this morning I’d look to see if the distribution of (elevated blood lead levels) in the July-September 2014 ‘spike’ was any different from the typical distribution of (elevated blood lead levels) in Flint. I compared totals by zip code vs. totals by zip code from 2010 (of blood lead levels greater than five micrograms per deciliter). The pattern is very similar and is further evidence, I think, that the water was not a major factor here.”- July 28, 2015 email to MDHHS officials (Falsely states that the lead levels followed a pattern and were seasonal)
3) attaches a spreadsheet to the email, says he has attempted to “recreate Hurley’s numbers,” and says he sees “a difference between the two years (presumably pre- and post-water switch), but not as much difference as (Hurley) did.” “I’m sure this one is not for the

Case 5:17-cv-10799-JEL-MKM ECF No. 1-3 filed 03/13/17 PageID.115 Page 88 of 91
public.”-September 24, 2015 email to Nancy Peeler (Starting to admit their methodology is wrong but not completely and stating that this should not be disclosed to the public) 4) “As you well now, the data you and Dr Hanna-Attisha are requesting are derived from personal health data, which of course is confidential… I worked with you earlier this month to get data to you relatively quickly but did not manage to complete the process before I went on annual leave for several days. I neglected to inform you that I’d be away, and I apologize for not informing you.”-September 24, 2015 Draft email response to Marc Edwards which he sends to Nancy Peeler (draft response to Edwards regarding providing data to him, sends this email to Peeler for revisions)
The City of Flint
1) “The city mails a notice to its customers saying it is in violation of the Safe Water Drinking Act due to elevated presence of trihalomethanes” – a byproduct of disinfecting the water. January 2, 2015 City Notice to Residents of Flint
2) “The City of Flint is issuing a Lead Advisory for residents to be aware of lead levels in drinking water after hearing concerns from the medical community. While the city is in full compliance with the Federal Safe Drinking Water Act, this information is being shared as part of a public awareness campaign to ensure that everyone takes note that no level of lead is considered safe.”-September 25, 2015 Health Advisory to Residents of the City of Flint telling them to flush pipes and install filters
LAN
1) 26-JUN-2013 — With the approval of Flint’s CLO Bade and Finance Director Ambrose, EM Ed Kurtz hired Lockwood, Andrews & Newnam, Inc. engineers (LAN) on a solesource contract to plan switch-over to Flint River through Flint Water Plant. Fee: $171,000. LAN is a subsidiary of national consulting firm Leo A. Daly, based in Texas.
2) Analysis indicates that the cost of supplying water from the Flint River on a continuous basis will be greater than the proposed KWA Raw Water Supply Contract, but less than continued supplied from Detroit. --2011 Feasibility report
3) Although water from the river can be treated to meet regulatory requirements, aesthetics of the finished water will be different than that from Lake Huron. As an example, the temperature of water supplied to customers during the summer will be warmer than the present Lake Huron supply, because of the increased summer temperature in the relatively shallow river. —2011 Feasibility report (this is not the only aesthetic that would change with use of the Flint River)
4) November 26, 2014 Report on Triomalomethane Formation Concern. No mention of corrosivity or lead problems. a. Other than total Coliform, the Flint River characteristics do not appear to have changed significantly over the past 10+ years b. Under the treatment process section, it states nothing regarding corrosion control

Case 5:17-cv-10799-JEL-MKM ECF No. 1-3 filed 03/13/17 PageID.116 Page 89 of 91
c. No data in the report on the age and size of the current distribution piping system d. Only points to disinfectant demand and the use of flushing and cast iron pipes (cast
iron pipes would be a problem because iron pipes can become corroded when subject to highly corrosive water) 5) February 27, 2015 report on Triomalomethane Formation Concern. No mention of corrosivity or lead problems a. Recommended that the City hire a third party water quality expert to complete an independent ‘water audit’—(why the City of Flint hired Veolia) b. The Flint River characteristics do not appear to have changed significantly over the past 10+ years. c. Under treatment process, it states nothing regarding corrosion control d. Only discusses leak in sewer as potential cause of total coliform count e. Under the infrastructure portion of the report, the piping is stated to be 70% cast iron, 20% ductile iron, 2% concrete, and 8% steel. This says that none of the pipes contain lead. f. Even though the piping is aging, the report does not call for a replacement of the pipes. Call for flushing the pipes to reduce time the water spends in such pipes but not for replacement of the pipes. g. Does state that unlined cast iron pipe can become pitted, which allows for colonization site of bacteria such as TTHM. However the report does not discuss how the cast iron pipes become pitted. 6) August 27, 2015 report on Triomalomethane Formation Concern. No mention of corrosivity or lead problems. a. The Flint River characteristics do not appear to have changed significantly over the past 10+ years. b. Continuing to use data collected in 2014 for 2015 reports c. Only discusses a leak in the sewer that may have been impacting total coliform count. d. Under treatment process it states nothing regarding corrosion control. e. Under the infrastructure portion of the report, the piping is stated to be 70% cast iron, 20% ductile iron, 2% concrete, and 8% steel. This says that none of the pipes contain lead. f. Even though the piping is aging, the report does not call for a replacement of the pipes. Call for flushing the pipes to reduce time the water spends in such pipes but not for replacement of the pipes. 7) The reports call for more disinfection. Disinfection is achieved by feeding chlorine into the water. Chlorine kills the coliform that are in the water however it makes the water extremely corrosive. None of the reports produced by LAN state a requirement for corrosion control technology. This is in direct contradiction with the LCR produced by the EPA. A corrosion control study needed to be done before the flint river could be used as a water source. All of the engineering report state nothing regarding corrosion control technology 8) Additionally, all of the reports produced by LAN seem to have the exact same information. This is true starting from the 2013 – 2015 reports. It seems that they were copying all of their old data from their first initial report in 2013 (refuting the TYJT report).

Case 5:17-cv-10799-JEL-MKM ECF No. 1-3 filed 03/13/17 PageID.117 Page 90 of 91
ROWE
1) 2009 Study by LAN and Rowe for the KWA. Section 7.2.4 discusses the use of the Flint river before the 1965 switch to the DWSD and the proposed use of the Flint River 2009on. Sets forth proposed modifications for full time operation and treatment of Lake Huron and Flint River water. Modifications proposed: a. Piping and metering to deliver raw water****** b. Power upgrades, including emergency/backup power c. Disinfections upgrades d. Chemical feed systems e. Finished Water Pumping f. Updated controls and monitoring g. Added security measures
2) July 2011 report stating that the KWA and interim Flint River water is the most cost effective option for Flint
3) When the cost of upgrades to the WTP and the increased operating costs (for softening) are added to the TYJT analysis, the KWA option is less than the DWSD 8 mgd option. – 2013 report rebutting TYJT study
4) Water from the river will require greater effort to treat than water from Lake Huron (more chemicals, power, and residuals). The TYJT analysis shows about the same O&M costs for the Flint WTP, regardless of water source. It seems that the WTP O&M costs for the KWA options should be reduced to reflect the savings from treating Lake Huron water. -- 2013 report rebutting TYJT study
5) Flint’s WTP as a backup to the KWA will be less difficult to provide for than the current arrangement as a backup to DWSD. We believe there is potential for challenges with chemistry and treatment for the proposed DWSD blending options, too. -- 2013 report rebutting TYJT study
6) If any of the “blending” options are chosen, it will be necessary to upgrade the Flint WTP and dams to provide reliable, continuous service and compliance with recent surface water treatment regulations. -- 2013 report rebutting TYJT study
7) The majority of the improvements at the plant have been implemented as a result. The plant is generally ready for use in a standby capacity, in the event that service from the City of Detroit water supply is interrupted. Long-term plans include provisions for expanding the capacity of the plant and implementing a softening system- 2013 Water Reliability report-2013 report rebutting TYJT study
8) 07-SEP-2011 — Report to Flint City Council by Rowe Professional Services determined buying water from Karegnondi Water Authority (KWA) cheaper than continuing to purchase from Detroit Water and Sewerage Department (DWSD), or using Flint River water as upgrades to Flint treatment equipment required would cost $50 million.
VEOLIA

Case 5:17-cv-10799-JEL-MKM ECF No. 1-3 filed 03/13/17 PageID.118 Page 91 of 91
1. Flint’s water was “in compliance with drinking water standards.” It also noted that “[s]afe [equals] compliance with state and federal standards and required testing.” --interim report presented to a committee of Flint’s City Council on February 18, 2015
2. the discoloration in Flint’s water “raises questions,” but “[d]oesn’t mean the water is unsafe.” --interim report presented to a committee of Flint’s City Council on February 18, 2015
3. “next steps” were to “carry out more detailed study of initial findings” and “[m]ake recommendations for improving water quality.” --interim report presented to a committee of Flint’s City Council on February 18, 2015
4. “[m]edical problems… …[s]ome people may be sensitive to any water.” --interim report presented to a committee of Flint’s City Council on February 18, 2015
5. “160-hour assessment of the water treatment plant, distribution system, customer services and communication programs, and capital plans and annual budget.” -- final “Water Quality Report” dated March 12, 2015.
6. “a review of water quality records for the time period under our study indicates compliance with State and Federal water quality regulations.” -- final “Water Quality Report” dated March 12, 2015.
7. “the public has also expressed its frustration of discolored and hard water. Those aesthetic issues have understandably increased the level of concern about the safety of the water. The review of the water quality records during the time of Veolia’s study shows the water to be in compliance with State and Federal regulations, and based on those standards, the water is considered to meet drinking water requirements.” -- final “Water Quality Report” dated March 12, 2015.
8. “[m]any people are frustrated and naturally concerned by the discoloration of the water with what primarily appears to be iron from the old unlined cast iron pipes. The water system could add a polyphosphate to the water as a way to minimize the amount of discolored water. Polyphosphate addition will not make discolored water issues go away. The system has been experiencing a tremendous number of water line breaks the last two winters. Just last week there were more than 14 in one day. Any break, work on broken valves or hydrant flushing will change the flow of water and potentially cause temporary discoloration.” -- final “Water Quality Report” dated March 12, 2015.

 
 CLOSED,REOPENED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16−cv−10796−JEL−MKM

McMillian et al v. Richard D. Snyder et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Cause: 28:1331 Fed. Question: Personal Injury
Plaintiff

Date Filed: 03/07/2016 Date Terminated: 07/28/2017 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Federal Question

Myia McMillian individually and as next friend of JM and KM, minors

represented by David J. Shea Shea Aiello, PLLC 26100 American Drive Second Floor Southfield, MI 48034 248−354−0224 Email: david.shea@sadplaw.com ATTORNEY TO BE NOTICED

Hunter Shkolnik Napoli Shkolnik Law PLLC 1301 Avenue of the Americas 10th Floor New York, NY 10019 212−397−1000 Fax: 646−843−7603 Email: hunter@napolilaw.com ATTORNEY TO BE NOTICED

Plaintiff
JM a minor child by Myia McMillian, Parent and Next Friend

represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
KM a minor child by Myia McMillian, Parent and Next Friend

represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
Amanda Fetterman individually and as next friend of RE, KE, SE, and RE, minors

represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED

Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff
RE a minor child by Amanda Fetterman,

represented by David J. Shea (See above for address)

Parent and Next Friend
Plaintiff KE a minor child by Amanda Fetterman, Parent and Next Friend
Plaintiff SE a minor child by Amanda Fetterman, Parent and Next Friend
Plaintiff RE a minor child by Amanda Fetterman, Parent and Next Friend
Plaintiff Melissa Lightfoot individually and as next friend of TL, KA, PA, minors
Plaintiff TL a minor child by Melissa Lightfoot, Parent and Next Friend
Plaintiff KM a minor child by Melissa Lightfoot, Parent and Next Friend
Plaintiff

ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

PA a minor child by Melissa Lightfoot, Parent and Next Friend
Plaintiff Patricia Funches individually and as next friend of MT, minor
Plaintiff MT a minor child by Patricia Funches, Parent and Next Friend
Plaintiff Amber Brown individually and as next friend of KD, minor
Plaintiff KD a minor child by Amber Brown, Parent and Next Friend
Plaintiff Tiesha Tipton individually and as next friend of AT, AS, AS and AS, minors
Plaintiff AT a minor child by Tiesha Tipton, Parent and Next Friend

represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff AS a minor child by Tiesha Tipton, Parent and Next Friend
Plaintiff AS a minor child by Tiesha Tipton, Parent and Next Friend
Plaintiff AS a minor child by Tiesha Tipton, Parent and Next Friend
Plaintiff Mary Mathes individually and as next friend of SAM and SAM, minors
Plaintiff SAM a minor child by Mary Mathes, Parent and Next Friend
Plaintiff SAM a minor child by Pamela Jordan, Parent and Next Friend
V. Defendant RICHARD D. SNYDER in his official capacity

represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene Driker Barris, Sott, 333 W. Fort Street

Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED
Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: mwitus@bsdd.com ATTORNEY TO BE NOTICED
Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED
Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED
Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED
Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: larsenz@michigan.gov ATTORNEY TO BE NOTICED

Defendant Michigan, State of for prospective relief only
Defendant Daniel Wyant
Defendant Liane Smith

represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202−572−8671 Fax: 202−572−8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED
Jay M. Berger Clark Hill (Detroit) 500 Woodward Avenue Suite 3500 Detroit, MI 48226−3435 313−965−8300 Email: jberger@clarkhill.com ATTORNEY TO BE NOTICED
Jordan S. Bolton Clark Hill PLC 151 S. Old Woodward Ave. Suite 200 Birmingham, MI 48009 (248) 988−1839 Fax: (248) 988−2320 Email: jbolton@clarkhill.com ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED
represented by Michael H. Perry Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933−1716

Defendant Adam Rosenthal
Defendant Stephen Busch

517−482−5800 Fax: 517−482−0887 Email: mperry@fraserlawfirm.com ATTORNEY TO BE NOTICED
Thaddeus E. Morgan Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933 517−482−5800 Email: tmorgan@fraserlawfirm.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins Foster, Swift, Collins & Smith, P.C. 313 S. Washington Square Lansing, MI 48933 517−371−8124 Fax: 517−371−8200 Email: acollins@fosterswift.com ATTORNEY TO BE NOTICED
Charles E. Barbieri Foster, Swift, 313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
represented by Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313−259−8300 Fax: 313−259−1451 Email: cciullo@kotzsangster.com ATTORNEY TO BE NOTICED
Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge

Defendant Patrick Cook
Defendant Michael Prysby
Defendant Bradley Wurfel
Defendant Darnell Earley

100 Monroe Center, NW Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED
Jay M. Berger (See above for address) ATTORNEY TO BE NOTICED
Jordan S. Bolton (See above for address) ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
represented by Todd Russell Perkins 615 Griswold Suite 400 Detroit, MI 48226 313−964−1702 Fax: 313−964−1980 Email: tperkins@perkinslawgroup.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114 Email: wkim@cityofflint.com TERMINATED: 06/13/2017

Defendant Gerald Ambrose
Defendant Dayne Walling Defendant Howard Croft Defendant Michael Glasgow
Defendant Daugherty Johnson

ATTORNEY TO BE NOTICED
represented by Barry A. Wolf Barry A. Wolf, Attorney at Law, PLLC 503 S. Saginaw Street, Suite 1410 Flint, MI 48502 810−762−1084 Fax: 810−244−1650 Email: bwolf718@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) TERMINATED: 06/12/2017 ATTORNEY TO BE NOTICED
represented by William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Brett T. Meyer Plunkett Cooney 333 Bridge St. NW Suite 530 Grand Rapids, MI 49504 (616) 752−4605 Fax: (616) 752−4607 Email: bmeyer@plunkettcooney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) TERMINATED: 06/13/2017 ATTORNEY TO BE NOTICED
represented by Edwar A. Zeineh Law Office of Edwar A. Zeineh, PLLC 2800 E. Grand River Ave. Suite B Lansing, MI 48912 517−292−7000 Fax: 866−475−4449 Email: zeinehlaw@gmail.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) TERMINATED: 06/13/2017 ATTORNEY TO BE NOTICED

Defendant Flint, City of
Defendant Lockwood, Andrews & Newman, P.C.
Defendant

represented by Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313−225−7000 Fax: 313−225−7080 Email: bergf@butzel.com ATTORNEY TO BE NOTICED
Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248−258−1414 Fax: 248−258−1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED
Stacy L.E. Oakes Oakes Law Group, PLLC 2811 E. Genesee Saginaw, MI 48601 18888865711 Fax: 18888865711 Email: stacy@oakeslawgroup.com ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED

Lockwood, Andrews & Newman, Inc.
Defendant Leo A. Daly Company
Defendant Michigan Department of Environmental Quality
Defendant Edward Kurtz
Defendant Veolia North America, Inc.

represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Michael J. Gildner Simen, Figura, 5206 Gateway Centre Suite 200 Flint, MI 48507 810−235−9000 Email: mgildner@sfplaw.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
James M. Campbell Campbell, Campbell, One Constitution Plaza Third Floor Boston, MA 02129−2025 617−241−3000 Fax: 617−241−3060

Defendant Veolia Environnement SA Defendant Veolia North America, LLC
Defendant Veolia Water North America Operating Services, LLC
Date Filed # Docket Text

Email: jmcampbell@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617−241−3000 Fax: 617−241−5115 Email: jgrunert@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED

03/07/2016
03/08/2016
03/08/2016 03/10/2016
03/14/2016 03/18/2016
03/18/2016 03/25/2016
04/07/2016 04/07/2016 04/08/2016 04/12/2016 04/12/2016 04/13/2016 04/14/2016 04/14/2016 04/14/2016 04/14/2016

1 SEALED 3/14/16 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−5585680 − Fee: $ 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Lansing. [Previously dismissed case: No] (Shkolnik, Hunter) Modified on 3/15/2016 (ATee). Modified on 3/15/2016 (ATee). (Entered: 03/07/2016)
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 (LGra) (Entered: 03/08/2016)
2 SUMMONS Issued for * All Defendants * (LGra) (Entered: 03/08/2016)
3 SEALED 3/14/16 NOTICE by All Plaintiffs Ex Parte Motion for Appointment of Next Friend (Shkolnik, Hunter) Modified on 3/15/2016 (ATee). Modified on 3/15/2016 (ATee). (Entered: 03/10/2016)
4 ORDER Placing Certain Pleadings and Papers Under Seal Pursuant to Fed. R. Civ. P. 5.2. Signed by District Judge Victoria A. Roberts. (ATee) (Entered: 03/15/2016)
5 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. No summons requested. Fee Required − Fee Not Paid. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: East Lansing. [Previously dismissed case: No] [Possible companion case(s): Eastern District of Michigan, 5:16−cv−10444, Judge John Corbett O'Meara] (Shkolnik, Hunter) (Entered: 03/18/2016)
6 NOTICE by All Plaintiffs Ex−Parte Motion for Appointment of Next Friend (Shkolnik, Hunter) (Entered: 03/18/2016)
7 ORDER Appointing Next Friends re 6 Notice (Other) filed by MT, KM, Amber Brown, KD, KM, Tiesha Tipton, AS, PA, RE, AT, TL, Mary Mathes, JM, Myia McMillian, KE, Patricia Funches, SAM, Melissa Lightfoot, SE, Amanda Fetterman. Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 03/25/2016)
8 NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Michigan, State of, RICHARD D. SNYDER. (Bettenhausen, Margaret) (Entered: 04/07/2016)
9 NOTICE by Michigan, State of, RICHARD D. SNYDER of Screening Device (Bettenhausen, Margaret) (Entered: 04/07/2016)
10 NOTICE of Appearance by Richard S. Kuhl on behalf of Michigan, State of, RICHARD D. SNYDER. (Kuhl, Richard) (Entered: 04/08/2016)
11 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/12/2016)
12 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 04/12/2016)
13 STIPULATION AND ORDER to Extend Time to Answer/File Responsive Pleading. Due by 5/17/2016 Signed by District Judge Victoria A. Roberts. (CPin) (Entered: 04/13/2016)
14 NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 04/14/2016)
15 ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/14/2016)
16 ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 04/14/2016)
17 NOTICE of Appearance by Frederick A. Berg on behalf of City of Flint, a municipal corporation. (Berg, Frederick) (Entered: 04/14/2016)

04/14/2016 04/15/2016 04/19/2016
04/22/2016 04/22/2016 04/22/2016 04/25/2016 04/25/2016 04/25/2016 04/26/2016 04/26/2016 04/26/2016 04/28/2016
04/29/2016
05/05/2016 05/06/2016 05/06/2016 05/06/2016
05/06/2016 05/09/2016
05/10/2016

18 NOTICE of Appearance by Sheldon H. Klein on behalf of City of Flint, a municipal corporation. (Klein, Sheldon) (Entered: 04/14/2016)
19 NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 04/15/2016)
20 ORDER REASSIGNING CASE from District Judge Victoria A. Roberts and Magistrate Judge Elizabeth A. Stafford in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 04/19/2016)
21 NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Smith. (Morgan, Thaddeus) (Entered: 04/22/2016)
22 NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Smith. (Morgan, Thaddeus) (Entered: 04/22/2016)
23 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 04/22/2016)
24 NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel, Daniel Wyant. (Bolton, Jordan) (Entered: 04/25/2016)
25 NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 04/25/2016)
26 MOTION for Extension of Time to File Response/Reply by Michigan, State of, RICHARD D. SNYDER. (Bettenhausen, Margaret) (Entered: 04/25/2016)
27 ATTORNEY APPEARANCE: Todd R. Mendel appearing on behalf of RICHARD D. SNYDER (Mendel, Todd) (Entered: 04/26/2016)
28 ATTORNEY APPEARANCE: Morley Witus appearing on behalf of RICHARD D. SNYDER (Witus, Morley) (Entered: 04/26/2016)
29 ATTORNEY APPEARANCE: Eugene Driker appearing on behalf of RICHARD D. SNYDER (Driker, Eugene) (Entered: 04/26/2016)
TEXT−ONLY ORDER Granting 26 MOTION for Extension of Time to File Responsive Pleading; Responsive Pleading due by 6/16/2016 for State of Michigan Defendants, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/28/2016)
30 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Kent, David) (Entered: 04/29/2016)
31 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 05/05/2016)
32 NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 05/06/2016)
33 NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 05/06/2016)
34 Joint MOTION for Extension of Time to File Answer re 5 Complaint,, by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 05/06/2016)
35 RESPONSE to 34 Joint MOTION for Extension of Time to File Answer re 5 Complaint,, filed by All Plaintiffs. (Shkolnik, Hunter) (Entered: 05/06/2016)
36 REPLY to Response re 34 Joint MOTION for Extension of Time to File Answer re 5 Complaint,, filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A − E−mails) (Clare, Christopher) (Entered: 05/09/2016)
37 ORDER granting 34 Motion for Extension of Time to Answer; Responsive Pleading due 6/16/2016 for Defendants Stephen Busch; Patrick Cook; Michael Prysby; Adam

05/13/2016 05/13/2016 05/16/2016 05/17/2016 05/17/2016
05/26/2016 06/01/2016 06/01/2016 06/02/2016
06/03/2016
06/09/2016
06/14/2016 07/07/2016
07/08/2016 07/08/2016 07/08/2016

Rosenthal; Liane Smith; Bradley Wurfel; Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/10/2016)
38 STIPULATION AND ORDER Extending Time for Lockwood Defendants and Leo Daly Co., to Respond to 5 Complaint; Responsive Pleading due by 6/16/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/13/2016)
39 MOTION for Leave to File Excess Pages for Defendants' Motion to Dismiss by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Dayne Walling. (Berg, Frederick) (Entered: 05/13/2016)
TEXT−ONLY ORDER Granting 39 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/16/2016)
40 NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Kim, William) (Entered: 05/17/2016)
41 Joint MOTION to Dismiss by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1. EPA EAO, # 3 Exhibit 2. Charter, # 4 Exhibit 3. Code) (Berg, Frederick) (Entered: 05/17/2016)
42 NOTICE of Appearance by Stacy Erwin Oakes on behalf of City of Flint, a municipal corporation. (Erwin Oakes, Stacy) (Entered: 05/26/2016)
43 MOTION TO EXTEND FOR ENLARGEMENT OF TIME IN WHICH TO FILE AN AMENDED COMPLAINT AS A MATTER OF COURSE by All Plaintiffs. (Shkolnik, Hunter) (Entered: 06/01/2016)
44 Ex Parte MOTION to Expedite MOTION FOR AN ENLARGEMENT OF TIME IN WHICH TO FILE AN AMENDED COMPLAINT by All Plaintiffs. (Shkolnik, Hunter) (Entered: 06/01/2016)
45 RESPONSE to 43 MOTION TO EXTEND FOR ENLARGEMENT OF TIME IN WHICH TO FILE AN AMENDED COMPLAINT AS A MATTER OF COURSE filed by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1) (Kim, William) (Entered: 06/02/2016)
TEXT−ONLY ORDER Granting 43 MOTION FOR ENLARGEMENT OF TIME IN WHICH TO FILE AN AMENDED COMPLAINT AS A MATTER OF COURSE; Amended Complaint due by 7/7/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)
46 STIPULATION AND ORDER Extending Time for Defendants Wurfel, Wyant, Busch, Smith, Cook, Prysby, and Rosenthal to File Responsive Pleading; Responsive Pleading due by 8/22/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/09/2016)
47 STIPULATION AND ORDER Extending Deadline for Responsive Pleading for Lockwood Defendants and Leo A. Daly Co.; Responsive Pleading due by 8/22/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/14/2016)
48 RESPONSE to 41 Joint MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiffs' Amended Complaint) (Shkolnik, Hunter)[AND CROSS−MOTION TO FILE AN AMENDED COMPLAINT] Modified on 7/8/2016 (DPer). (Entered: 07/07/2016)
49 RESPONSE to 48 MOTION to Amend/Correct OBJECTION TO CROSS−MOTION TO FILE AMENDED COMPLAINT filed by Stephen Busch. (Egan, Dennis) (Entered: 07/08/2016)
50 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Shkolnik, Hunter) (Entered: 07/08/2016)
REQUEST for SUMMONS for Michigan Department of Environmental Quality. (Shkolnik, Hunter) (Entered: 07/08/2016)

07/08/2016 07/08/2016 07/11/2016
08/11/2016 08/11/2016 08/16/2016
08/17/2016 08/17/2016 08/17/2016
08/17/2016 08/18/2016
08/18/2016 08/19/2016
08/19/2016 08/19/2016 08/19/2016 08/19/2016

REQUEST for SUMMONS for Edward Kurtz. (Shkolnik, Hunter) (Entered: 07/08/2016)
REQUEST for SUMMONS for Veolia Environnement SA, Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Shkolnik, Hunter) (Entered: 07/08/2016)
51 SUMMONS Issued for *Edward Kurtz, Michigan Department of Environmental Quality, Veolia Environnement SA, Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC* (DPer) (Entered: 07/11/2016)
52 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 08/11/2016)
53 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 08/11/2016)
54 Ex Parte MOTION for Leave to File Excess Pages For Defendants' Motion To Dismiss Plaintiffs' First Amended Class Action Complaint by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Berg, Frederick) (Entered: 08/16/2016)
55 ORDER granting in part 52 Motion for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/17/2016)
56 ORDER granting in part 53 Motion for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/17/2016)
TEXT−ONLY ORDER Granting 54 Ex Parte MOTION for Leave to File Excess Pages For Defendants' Motion To Dismiss Plaintiffs' First Amended Class Action Complaint filed by Howard Croft, Daugherty Johnson, City of Flint, a municipal corporation, Dayne Walling, Darnell Earley, Michael Glasgow, Gerald Ambrose. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/17/2016)
57 Ex Parte MOTION for Leave to File Excess Pages by MDEQ Employee Defendants by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith. (Morgan, Thaddeus) (Entered: 08/17/2016)
TEXT−ONLY ORDER Granting 57 Ex Parte MOTION for Leave to File Excess Pages by MDEQ Employee Defendants filed by Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Liane Smith. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/18/2016)
58 MOTION for Extension of Time to File Response/Reply as to 50 Amended Complaint by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Bettenhausen, Margaret) (Entered: 08/18/2016)
TEXT−ONLY ORDER Granting 58 MOTION for Extension of Time to File Responsive Pleading to 50 Amended Complaint; Responsive Pleading due by 8/29/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/19/2016)
59 MOTION for Leave to File Excess Pages for their Brief in Support of Their Motion to Dismiss by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Bettenhausen, Margaret) (Entered: 08/19/2016)
60 STIPULATION Fourth to Extend Time to File Responsive Pleadings by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 08/19/2016)
TEXT−ONLY ORDER Granting 59 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/19/2016)
61 ORDER Granting 60 Stipulation filed by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., to file Responsive Pleading to 50 Amended Complaint; Responsive Pleading due by 9/21/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/19/2016)

08/19/2016 08/22/2016
08/22/2016
08/22/2016 08/22/2016 08/23/2016
08/29/2016 08/29/2016
09/09/2016 09/09/2016 09/09/2016 09/09/2016 09/09/2016
09/12/2016 09/12/2016 09/12/2016 09/12/2016 09/15/2016

62 NOTICE of Appearance by Michael H. Perry on behalf of Liane Smith. (Perry, Michael) (Entered: 08/19/2016)
63 MOTION to Dismiss Plaintiffs' Amended Complaint by MDEQ Employee Defendants by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Morgan, Thaddeus) (Entered: 08/22/2016)
64 Joint MOTION to Dismiss Amended Complaint by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A., # 3 Exhibit B., # 4 Exhibit C., # 5 Exhibit D., # 6 Exhibit E., # 7 Exhibit F., # 8 Exhibit G., # 9 Exhibit H., # 10 Exhibit I.) (Berg, Frederick) (Entered: 08/22/2016)
65 MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 08/22/2016)
66 MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Clare, Christopher) (Entered: 08/22/2016)
67 EXHIBIT Corrected Exhibit A re 64 Joint MOTION to Dismiss Amended Complaint by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling (Attachments: # 1 Exhibit A.) (Berg, Frederick) (Entered: 08/23/2016)
68 ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER (Larsen, Zachary) (Entered: 08/29/2016)
69 MOTION to Dismiss with Brief in Support by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 − Letter 08/17/2015, # 3 Exhibit Exhibit 2 − Moving Flint Forward, # 4 Exhibit Exhibit 3 − Order of Dismissal 04/19/2016, # 5 Exhibit Exhibit 4 − Class Action Complaint 01−31−16, # 6 Exhibit Exhibit 5 − Thompson v Sauk Vill.) (Larsen, Zachary) (Entered: 08/29/2016)
70 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 09/09/2016)
71 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 09/09/2016)
72 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 09/09/2016)
73 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 09/09/2016)
TEXT−ONLY ORDER Granting 70 MOTION for Leave to File Excess Pages, 73 MOTION for Leave to File Excess Pages, 71 MOTION for Leave to File Excess Pages, 72 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/09/2016)
74 RESPONSE to 63 MOTION to Dismiss Plaintiffs' Amended Complaint by MDEQ Employee Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 09/12/2016)
75 RESPONSE to 64 Joint MOTION to Dismiss Amended Complaint filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 09/12/2016)
76 RESPONSE to 65 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 09/12/2016)
77 RESPONSE to 66 MOTION to Dismiss filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 09/12/2016)
78 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 09/15/2016)

09/19/2016 09/19/2016 09/20/2016 09/22/2016
09/23/2016 09/23/2016 09/23/2016 09/26/2016 09/26/2016
09/26/2016
09/26/2016 09/26/2016 09/27/2016 09/27/2016 09/28/2016 09/28/2016 09/28/2016 09/28/2016

TEXT−ONLY ORDER Granting 78 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)
79 RESPONSE to 69 MOTION to Dismiss with Brief in Support filed by All Plaintiffs. (Attachments: # 1 Exhibit A. Unpublished Cases) (Shkolnik, Hunter) (Entered: 09/19/2016)
80 STIPULATION to Extend Time To Appear (Fifth) by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 09/20/2016)
81 ORDER re 80 Stipulation filed by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Extending Time to Respond to 50 Amended Complaint; Response due by 9/28/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)
82 MOTION for Leave to File Excess Pages of the Reply Brief in Support of Their Motion to Dismiss by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Larsen, Zachary) (Entered: 09/23/2016)
TEXT−ONLY ORDER Granting 82 MOTION for Leave to File Excess Pages of the Reply Brief. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/23/2016)
83 MOTION for Leave to File Excess Pages by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith. (Barbieri, Charles) (Entered: 09/23/2016)
84 SUPPLEMENTAL BRIEF re 83 MOTION for Leave to File Excess Pages filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith. (Barbieri, Charles) (Entered: 09/26/2016)
85 REPLY to Response re 63 MOTION to Dismiss Plaintiffs' Amended Complaint by MDEQ Employee Defendants filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith. (Attachments: # 1 Exhibit 1 − Proposed Order, # 2 Exhibit 2 − Mackie & Freetown v Bollore) (Barbieri, Charles) (Entered: 09/26/2016)
86 Joint MOTION for Leave to File Excess Pages Of The Reply Brief in Support Of Their Motion to Dismiss by Gerald Ambrose, City of Flint, a municipal corporation, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Berg, Frederick) (Entered: 09/26/2016)
87 REPLY to Response re 65 MOTION to Dismiss filed by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 09/26/2016)
88 REPLY to Response re 66 MOTION to Dismiss filed by Bradley Wurfel. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 09/26/2016)
TEXT−ONLY ORDER Granting 83 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/27/2016)
TEXT−ONLY ORDER Granting 86 Joint MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/27/2016)
89 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 09/28/2016)
90 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 09/28/2016)
91 ATTORNEY APPEARANCE: Robert G. Kamenec appearing on behalf of Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Kamenec, Robert) (Entered: 09/28/2016)
92 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint for Lack of Personal Jurisdiction by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − First Amended Class Action Complaint, # 4 Exhibit C − Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 09/28/2016)

09/28/2016 09/28/2016 09/29/2016
10/03/2016 10/18/2016 10/18/2016 10/21/2016 10/21/2016 10/21/2016 10/21/2016 10/24/2016 10/25/2016
10/27/2016
11/02/2016
11/02/2016

TEXT−ONLY ORDER Granting 90 MOTION for Leave to File Excess Pages filed by Bradley Wurfel; and Granting 89 MOTION for Leave to File Excess Pages filed by Daniel Wyant. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/28/2016)
93 MOTION to Dismiss for Failure to State a Cause of Action by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Attachments: # 1 Exhibit A − First Amended Class Action Complaint) (Kamenec, Robert) (Entered: 09/28/2016)
94 REPLY to Response re 64 Joint MOTION to Dismiss Amended Complaint Defendants Earley, Ambrose, Croft, Walling, Johnson, Glasgow, and the City of Flints Reply in Support of Joint Motion to Dismiss Amended Complaint filed by City of Flint, a municipal corporation. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Berg, Frederick) (Entered: 09/29/2016)
95 REPLY to Response re 69 MOTION to Dismiss with Brief in Support filed by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Larsen, Zachary) (Entered: 10/03/2016)
96 STIPULATION re 92 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint for Lack of Personal Jurisdiction, 93 MOTION to Dismiss for Failure to State a Cause of Action by All Plaintiffs (Shkolnik, Hunter) (Entered: 10/18/2016)
97 ORDER Granting 96 Stipulation for Extension of Time to File Responses to 92 MOTION to Dismiss, and 93 MOTION to Dismiss; Responses due by 11/2/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/18/2016)
98 MOTION for Leave to File Excess Pages by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 10/21/2016)
99 ANSWER to Amended Complaint with Affirmative Defenses by Edward Kurtz. (Gildner, Michael) (Entered: 10/21/2016)
100 CERTIFICATE OF SERVICE re 99 Answer to Amended Complaint by Edward Kurtz (Gildner, Michael) (Entered: 10/21/2016)
101 NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 10/21/2016)
TEXT−ONLY ORDER Granting IN PART 98 MOTION for Leave to File Excess Pages; Brief shall NOT exceed forty (40) pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/24/2016)
102 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Unpublished Authorities, # 3 Exhibit 2 − Contract Between City of Flint and VWNAOS) (Williams, Michael) (Entered: 10/25/2016)
103 MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G1, # 9 Exhibit G2, # 10 Exhibit G3, # 11 Exhibit G4, # 12 Exhibit G5, # 13 Exhibit G6, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Grashoff, Philip) (Entered: 10/27/2016)
104 RESPONSE to 92 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint for Lack of Personal Jurisdiction filed by All Plaintiffs. (Attachments: # 1 Patrick Lanciotti Declaration, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10) (Shkolnik, Hunter) (Entered: 11/02/2016)
105 RESPONSE to 93 MOTION to Dismiss for Failure to State a Cause of Action filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Shkolnik, Hunter) (Entered: 11/02/2016)

11/07/2016
11/08/2016 11/10/2016 11/10/2016 11/11/2016 11/14/2016 11/14/2016 11/14/2016
11/16/2016 11/16/2016 11/18/2016 11/21/2016
11/21/2016 11/22/2016 11/22/2016 11/22/2016 11/22/2016 11/23/2016

106 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Grashoff, Philip) (Entered: 11/07/2016)
107 RESPONSE to 103 MOTION to Change Venue (Concurrence) by the MDEQ Defendants filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 11/08/2016)
108 RESPONSE to 103 MOTION to Change Venue filed by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Bettenhausen, Margaret) (Entered: 11/10/2016)
109 STIPULATION re 102 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/10/2016)
110 RESPONSE to 103 MOTION to Change Venue filed by City of Flint, a municipal corporation. (Berg, Frederick) (Entered: 11/11/2016)
111 ORDER re 109 Stipulation to Extend Time to Respond to 102 MOTION to Dismiss, Response due by 11/28/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/14/2016)
112 STIPULATION re 103 MOTION to Change Venue by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/14/2016)
TEXT−ONLY ORDER Granting 112 Stipulation for Extension of Time to Respond/Reply to 103 MOTION to Change Venue; Response due by 12/1/2016, Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/14/2016)
113 REPLY to Response re 93 MOTION to Dismiss for Failure to State a Cause of Action filed by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C.. (Kamenec, Robert) (Entered: 11/16/2016)
114 REPLY to Response re 92 MOTION to Dismiss Plaintiffs' First Amended Class Action Complaint for Lack of Personal Jurisdiction filed by Leo A. Daly Company. (Kamenec, Robert) (Entered: 11/16/2016)
115 RESPONSE to 106 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue filed by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Larsen, Zachary) (Entered: 11/18/2016)
116 REPLY to Response re 103 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/21/2016)
117 RESPONSE to 106 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue filed by All Plaintiffs. (Attachments: # 1 Exhibit A. Unpublished Cases) (Shkolnik, Hunter) (Entered: 11/21/2016)
118 RESPONSE to 103 MOTION to Change Venue filed by City of Flint, a municipal corporation. (Berg, Frederick) (Entered: 11/22/2016)
119 STIPULATION AND ORDER Extending Time to File Reply re 103 MOTION to Change Venue; Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
120 NOTICE by City of Flint, a municipal corporation re 118 Response to Motion Duplicative Submission (Berg, Frederick) (Entered: 11/22/2016)
121 STIPULATION re 102 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement by All Plaintiffs (Shkolnik, Hunter) (Entered: 11/22/2016)
TEXT−ONLY ORDER Granting 121 Stipulation for Extension of Time to Respond to 102 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement; Response due by 12/12/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/23/2016)

11/28/2016
11/30/2016 11/30/2016 12/01/2016
12/01/2016
12/01/2016
12/01/2016 12/12/2016 12/12/2016 12/13/2016 12/13/2016 12/26/2016
12/28/2016 12/30/2016
12/30/2016
01/04/2017 02/07/2017

122 REPLY to Response re 106 Joint MOTION to Stay Proceedings Pending a Final Decision on Motion to Change Venue by MDEQ Defendants filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A) (Morgan, Thaddeus) (Entered: 11/28/2016)
123 NOTICE of Appearance by James M. Campbell on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Campbell, James) (Entered: 11/30/2016)
124 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Grunert, John) (Entered: 11/30/2016)
125 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, Inc.. (Bush, Cheryl) (Entered: 12/01/2016)
126 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered: 12/01/2016)
127 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia Water North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 12/01/2016)
128 RESPONSE to 103 MOTION to Change Venue filed by All Plaintiffs. (Attachments: # 1 Exhibit) (Shkolnik, Hunter) (Entered: 12/01/2016)
129 MOTION for Leave to File Excess Pages by All Plaintiffs. (Shkolnik, Hunter) (Entered: 12/12/2016)
130 RESPONSE to 102 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement filed by All Plaintiffs. (Attachments: # 1 Exhibit Unpublished Cases) (Shkolnik, Hunter) (Entered: 12/12/2016)
131 NOTICE of Appearance by Nathan A. Gambill on behalf of Michigan, State of, RICHARD D. SNYDER. (Gambill, Nathan) (Entered: 12/13/2016)
TEXT−ONLY ORDER Granting 129 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/13/2016)
132 REPLY to Response re 102 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Unpublished Authorities) (Williams, Michael) (Entered: 12/26/2016)
133 NOTICE of Non−Party Fault by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Erickson, Philip) (Entered: 12/28/2016)
134 Ex Parte MOTION for Leave to File Excess Pages to Reply to Plaintiffs' Brief in Opposition to MDEQ Defendants' Motion for Change of Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Perry, Michael) (Entered: 12/30/2016)
135 REPLY to Response re 103 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Perry, Michael) (Entered: 12/30/2016)
TEXT−ONLY ORDER Granting 134 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/04/2017)
136 OPINION AND ORDER granting motions to dismiss. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/07/2017)

02/07/2017 03/07/2017 03/21/2017 03/28/2017 04/28/2017 05/03/2017 05/12/2017 05/15/2017 05/17/2017
05/25/2017 05/30/2017 05/30/2017 05/30/2017 06/06/2017 06/06/2017 06/07/2017

137 JUDGMENT, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/07/2017)
138 MOTION TO ALTER OR AMEND THE JUDGMENT by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 03/07/2017)
139 RESPONSE to 138 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Bettenhausen, Margaret) (Entered: 03/21/2017)
140 REPLY to Response re 138 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 03/28/2017)
141 SUPPLEMENTAL BRIEF re 138 MOTION TO ALTER OR AMEND THE JUDGMENT filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit 1: Davenport Opinion) (Bush, Cheryl) (Entered: 04/28/2017)
142 ORDER granting 138 Motion to Amend Judgment. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/03/2017)
143 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge John Corbett O'Meara in Ann Arbor to District Judge Paul D. Borman in Detroit. (SSch) (Entered: 05/12/2017)
144 ORDERS of RECUSAL. Case Reassigned to District Judge Judith E. Levy. (SSch) (Entered: 05/16/2017)
145 Renewed MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Letter from Rosenthal to Wright 8−17−2015, # 3 Exhibit 2 − Working to Move Flint Forward, # 4 Exhibit 3 − Opinion and Order 11−28−2016, # 5 Exhibit 4− Opinion and Order 02−17−2017) (Larsen, Zachary) (Entered: 05/17/2017)
146 MOTION for Leave to File Amended Rule 12(b)(2) and 12(b)(6) Motion to Dismiss First Amended Class Action Complaint for Lack of Personal Jurisdiction and Failure to State a Cause of Action by Leo A. Daly Company. (Attachments: # 1 Exhibit A − Proposed Amended Motion) (Kamenec, Robert) (Entered: 05/25/2017)
147 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood Andrews & Newnam Inc for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)
148 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newman, Inc. identifying Corporate Parent Leo A Daly Company for Lockwood, Andrews & Newman, Inc.. (Erickson, Philip) (Entered: 05/30/2017)
149 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newman, P.C. identifying Other Affiliate Lockwood Andrews & Newnam Inc for Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 05/30/2017)
150 MOTION for Further Adjudication by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Pattwell, Michael) (Entered: 06/06/2017)
151 MOTION for Further Adjudication by Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Pattwell, Michael) (Entered: 06/06/2017)
152 RESPONSE to 145 Renewed MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) filed by All Plaintiffs. (Attachments: # 1 Exhibit Notice of Intent to Sue) (Shkolnik, Hunter) (Entered: 06/07/2017)

06/08/2017
06/08/2017
06/09/2017 06/09/2017 06/12/2017 06/13/2017 06/13/2017 06/13/2017 06/15/2017
06/19/2017 06/19/2017 06/20/2017 06/29/2017
07/26/2017 07/27/2017 07/28/2017

153 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
154 RESPONSE to 146 MOTION for Leave to File Amended Rule 12(b)(2) and 12(b)(6) Motion to Dismiss First Amended Class Action Complaint for Lack of Personal Jurisdiction and Failure to State a Cause of Action filed by All Plaintiffs. (Shkolnik, Hunter) (Entered: 06/08/2017)
155 MOTION FOR FURTHER ADJUDICATION re 64 Joint MOTION to Dismiss Amended Complaint by Flint, City of. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Berg, Frederick) (Entered: 06/09/2017)
156 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
157 Consent, Acceptance and ORDER of Attorney Substitution with stipulation. Attorney Barry A. Wolf for Gerald Ambrose added. Signed by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)
158 Consent, Acceptance and ORDER of Attorney Substitution with stipulation. Attorney Todd Russell Perkins for Darnell Earley added. Signed by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)
159 Consent, Acceptance and ORDER of Attorney Substitution with stipulation. Attorney Brett T. Meyer for Michael Glasgow added. Signed by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)
160 Consent, Acceptance and ORDER of Attorney Substitution with stipulation. Attorney Edwar A. Zeineh for Daugherty Johnson added. Signed by District Judge Judith E. Levy. (DWor) (Entered: 06/13/2017)
161 REPLY to Response re 146 MOTION for Leave to File Amended Rule 12(b)(2) and 12(b)(6) Motion to Dismiss First Amended Class Action Complaint for Lack of Personal Jurisdiction and Failure to State a Cause of Action filed by Leo A. Daly Company. (Erickson, Philip) (Entered: 06/15/2017)
162 NOTICE by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Smith re 64 Joint MOTION to Dismiss Amended Complaint (Attachments: # 1 Exhibit A) (Barbieri, Charles) (Entered: 06/19/2017)
163 STIPULATION re 152 Response to Motion to Extend Deadline for State Defendants' to Reply by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER (Bettenhausen, Margaret) (Entered: 06/19/2017)
TEXT−ONLY ORDER Granting Relief Sought in 163 Stipulation filed by RICHARD D. SNYDER, Michigan, State of, Michigan Department of Environmental Quality − Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/20/2017)
164 REPLY to Response re 145 Renewed MOTION to Dismiss Under Fed. R. Civ. P. 12(b)(1) and (6) filed by Michigan Department of Environmental Quality, Michigan, State of, RICHARD D. SNYDER. (Attachments: # 1 Exhibit 1 − Opinion and Order) (Bettenhausen, Margaret) (Entered: 06/29/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/26/2017)
165 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
166 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)

 
 CLOSED,STAYED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16−cv−11247−JEL−MKM

Washington, Jr. et al v. Snyder et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 04/05/2016 Date Terminated: 07/28/2017 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Lawrence Washington, Jr.

represented by Chet W. Kern Katz & Kern, LLP 61 Broadway Suite 2220 New York, NY 10006 212−693−1330 Fax: 212−693−1329 Email: ckern@bernripka.com ATTORNEY TO BE NOTICED

Keith L. Altman Excolo Law PLLC 26700 Lahser Road Suite 401 Southfield, MI 48033 516−456−5885 Fax: 951−303−1222 Email: kaltman@lawampmmt.com ATTORNEY TO BE NOTICED

Marc J. Bern Bern Ripka LLP 60 East 42nd Street Suite 950 New York, NY 10165 212−702−5000 Fax: 212−818−0164 Email: mbern@bernllp.com ATTORNEY TO BE NOTICED

Ari Kresch 1−800−LAW−FIRM 26700 Lahser Road Suite 400 Southfield, MI 48033 248.565.2099 Email: akresch@1800lawfirm.com ATTORNEY TO BE NOTICED

Solomon M. Radner EXCOLO LAW, PLLC 26700 Lahser Rd Suite 401 Southfield, MI 48033 866−939−2656 Fax: 866−571−1020 Email: sradner@excololaw.com ATTORNEY TO BE NOTICED

Plaintiff Taylor Washington

represented by

Plaintiff Morgan Washington
Plaintiff Chloe Washington
Plaintiff

Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED

Madison Washington
Plaintiff Lawrence Washington
Plaintiff Christa Godin
Plaintiff

represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED

Angel Arrand
Plaintiff Auston Arrand
Plaintiff William Zietz, III
Plaintiff

represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED

Roosevelt Cameron
Plaintiff Deborah Smith
Plaintiff Aby Ndoye
Plaintiff

represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED

Shanika Mixon
Plaintiff Robin Davis
V. Defendant Richard Dale Snyder

represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Chet W. Kern (See above for address) ATTORNEY TO BE NOTICED
Keith L. Altman (See above for address) ATTORNEY TO BE NOTICED
Marc J. Bern (See above for address) ATTORNEY TO BE NOTICED
Ari Kresch (See above for address) ATTORNEY TO BE NOTICED
Solomon M. Radner (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED

Defendant Dennis Muchmore

Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: mwitus@bsdd.com ATTORNEY TO BE NOTICED
Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED
Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED
Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED
Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: larsenz@michigan.gov ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address)

Defendant State of Michigan
Defendant Michigan Department of Environmental Quality
Defendant Michigan Department of Health and Human Services
Defendant Ed Kurtz

ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Michael J. Gildner Simen, Figura, 5206 Gateway Centre Suite 200 Flint, MI 48507 810−235−9000 Email: mgildner@sfplaw.com ATTORNEY TO BE NOTICED

Defendant Darnell Earley
Defendant Gerald Ambrose
Defendant Howard Croft

represented by Todd Russell Perkins 615 Griswold Suite 400 Detroit, MI 48226 313−964−1702 Fax: 313−964−1980 Email: tperkins@perkinslawgroup.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nikkiya Branch Perkins Law Group, PLLC 615 Griswold Suite 400 Detroit, MI 48226 313−964−1702 Fax: 313−964−1980 Email: nbranch@perkinslawgroup.net ATTORNEY TO BE NOTICED
William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114 Email: wkim@cityofflint.com TERMINATED: 02/23/2017 ATTORNEY TO BE NOTICED
represented by Barry A. Wolf Barry A. Wolf, Attorney at Law, PLLC 503 S. Saginaw Street, Suite 1410 Flint, MI 48502 810−762−1084 Fax: 810−244−1650 Email: bwolf718@msn.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) TERMINATED: 02/23/2017 ATTORNEY TO BE NOTICED
represented by Alexander S. Rusek White Law PLLC 2549 Jolly Road Suite 340 Okemos, MI 48864 517−316−1195 Fax: 517−316−1197 Email: alexrusek@whitelawpllc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address)

Defendant Michael Glasgow
Defendant Daniel Wyant
Defendant Liane Shekter Smith

TERMINATED: 02/23/2017 ATTORNEY TO BE NOTICED
represented by Brett T. Meyer Plunkett Cooney 333 Bridge St. NW Suite 530 Grand Rapids, MI 49504 (616) 752−4605 Fax: (616) 752−4607 Email: bmeyer@plunkettcooney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
William Young Kim (See above for address) TERMINATED: 02/23/2017 ATTORNEY TO BE NOTICED
represented by Jay M. Berger Clark Hill (Detroit) 500 Woodward Avenue Suite 3500 Detroit, MI 48226−3435 313−965−8300 Email: jberger@clarkhill.com ATTORNEY TO BE NOTICED
Jordan S. Bolton Clark Hill PLC 151 S. Old Woodward Ave. Suite 200 Birmingham, MI 48009 (248) 988−1839 Fax: (248) 988−2320 Email: jbolton@clarkhill.com ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED
represented by Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
Michael H. Perry Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933−1716 517−482−5800 Fax: 517−482−0887 Email: mperry@fraserlawfirm.com ATTORNEY TO BE NOTICED

Defendant Stephen Busch
Defendant Patrick Cook

Thaddeus E. Morgan Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933 517−482−5800 Email: tmorgan@fraserlawfirm.com ATTORNEY TO BE NOTICED
represented by Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313−259−8300 Fax: 313−259−1451 Email: cciullo@kotzsangster.com ATTORNEY TO BE NOTICED
Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
represented by Charles E. Barbieri Foster, Swift, 313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address)

Defendant Michael Prysby Defendant Bradley Wurfel
Defendant Eden Wells
Defendant Nick Lyon
Defendant Linda Dykema

ATTORNEY TO BE NOTICED
represented by Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
represented by Jay M. Berger (See above for address) ATTORNEY TO BE NOTICED
Jordan S. Bolton (See above for address) ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED

Defendant Nancy Peeler
Defendant Robert Scott

Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
Michael S. Cafferty Michael S. Cafferty & Assoc. 333 W. Fort Street Suite 1400 Detroit, MI 48226 313−964−3070 Email: mcaffe@aol.com ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
represented by Mary Chartier 2295 Sower Blvd. Okemos, MI 48864 517−885−3305 Fax: 517−885−3363 Email: mary@cndefenders.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl

Defendant Rowe Professional Service Company Defendant Lockwood, Andrews & Newman, Inc.
Defendant Veolia North America, LLC

(See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) TERMINATED: 09/22/2016 ATTORNEY TO BE NOTICED
represented by Craig S. Thompson Sullivan, Ward, 25800 Northwestern Highway Suite 1000 Southfield, MI 48075−1000 248−746−0700 Email: cthompson@swappc.com ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
James M. Campbell Campbell, Campbell, One Constitution Plaza Third Floor

Defendant Dayne Walling
Defendant Flint, City of

Boston, MA 02129−2025 617−241−3000 Fax: 617−241−3060 Email: jmcampbell@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617−241−3000 Fax: 617−241−5115 Email: jgrunert@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
represented by William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313−225−7000 Fax: 313−225−7080 Email: bergf@butzel.com ATTORNEY TO BE NOTICED
Joseph E. Richotte BUTZEL LONG, P.C. Stoneridge West 41000 Woodward Avenue Bloomfield Hills, MI 48304 (248) 258−1407 Fax: (248) 258−1349 Email: richotte@butzel.com ATTORNEY TO BE NOTICED
Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248−258−1414 Fax: 248−258−1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED
Stacy L.E. Oakes Oakes Law Group, PLLC 2811 E. Genesee

Defendant Andrew Dillon
Defendant Leo A Daly Corp.
Defendant Lockwood, Andrews & Newnam, P.C.
Defendant Veolia North America, Inc.

Saginaw, MI 48601 18888865711 Fax: 18888865711 Email: stacy@oakeslawgroup.com ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED

Defendant Veolia North America Operating Services, LLC
Defendant Veolia Environment S.A. Defendant R. Kevin Clinton
Defendant Mike Brown Defendant Each

represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by William Young Kim (See above for address) ATTORNEY TO BE NOTICED

V. Movant Village Shores LLC

represented by Emmy L Levens Cohen Milstein Sellers and Toll PLLC 1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED

Date Filed 04/06/2016

# Docket Text
1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−5632729 − Fee: &#036 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Ingham. [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Document Continuation RICO Statement) (Kresch, Ari) (Entered: 04/06/2016)

04/06/2016 04/07/2016 04/07/2016
04/20/2016 04/26/2016 04/26/2016 04/26/2016 04/28/2016 05/02/2016 05/03/2016 05/10/2016
05/10/2016
05/10/2016
05/10/2016
05/10/2016
05/11/2016 05/11/2016 05/17/2016

2 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge Paul D. Borman to District Judge Avern Cohn. (SSch) (Entered: 04/06/2016)
3 SUMMONS Issued for * All Defendants * (DAll) (Entered: 04/07/2016)
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 (DAll) (Entered: 04/07/2016)
4 ORDER REASSIGNING CASE from District Judge Avern Cohn and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 04/20/2016)
5 ATTORNEY APPEARANCE: Krista A. Jackson appearing on behalf of Stephen Busch w/Certificate of Service (Jackson, Krista) (Entered: 04/26/2016)
6 ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch w/Certificate of Service (Egan, Dennis) (Entered: 04/26/2016)
7 ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/26/2016)
8 NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 04/28/2016)
9 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 05/02/2016)
10 NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 05/03/2016)
11 ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Bettenhausen, Margaret) (Entered: 05/10/2016)
12 ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Gambill, Nathan) (Entered: 05/10/2016)
13 ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Kuhl, Richard) (Entered: 05/10/2016)
14 ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 05/10/2016)
15 NOTICE by Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells of Screening Device (Larsen, Zachary) (Entered: 05/10/2016)
16 NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 05/11/2016)
17 NOTICE of Appearance by Craig S. Thompson on behalf of Rowe Professional Service Company. (Thompson, Craig) (Entered: 05/11/2016)
18 NOTICE of Appearance by Marc J. Bern on behalf of All Plaintiffs. (Bern, Marc) (Entered: 05/17/2016)

05/17/2016 05/17/2016 05/24/2016 05/25/2016
05/26/2016 06/02/2016 06/03/2016
06/07/2016 06/07/2016 06/08/2016 06/30/2016
06/30/2016
07/01/2016
07/26/2016
08/12/2016 08/12/2016
08/12/2016 08/12/2016 08/12/2016 08/12/2016 08/12/2016

19 NOTICE of Appearance by Chet W. Kern on behalf of All Plaintiffs. (Kern, Chet) (Entered: 05/17/2016)
20 NOTICE of Appearance by William Young Kim on behalf of City of Flint, Howard Croft, Dayne Walling. (Kim, William) (Entered: 05/17/2016)
21 NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel, Daniel Wyant. (Bolton, Jordan) (Entered: 05/24/2016)
22 STIPULATION AND ORDER Extending Time for Defendants Bradley, Wurfel, Wyant, Busch, Shekter−Smith, Cook, Prysby, and Rosenthal to Respond to Amended Complaint; Responsive Pleading due by 8/12/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/25/2016)
23 NOTICE of Appearance by Stacy Erwin Oakes on behalf of City of Flint. (Erwin Oakes, Stacy) (Entered: 05/26/2016)
24 ATTORNEY APPEARANCE: Charles E. Barbieri appearing on behalf of Patrick Cook, Michael Prysby (Barbieri, Charles) (Entered: 06/02/2016)
25 STIPULATION AND ORDER Extending Time for Plaintiffs to Amend 1 Complaint; Amended Complaint due on or before July 1, 2016; Defendants' Responsive Pleading due on or before August 12, 2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)
26 NOTICE of Appearance by Sheldon H. Klein on behalf of City of Flint. (Klein, Sheldon) (Entered: 06/07/2016)
27 NOTICE of Appearance by Frederick A. Berg on behalf of City of Flint. (Berg, Frederick) (Entered: 06/07/2016)
28 NOTICE of Appearance by Joseph E. Richotte on behalf of City of Flint. (Richotte, Joseph) (Entered: 06/08/2016)
29 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit RICO Statement) (Kresch, Ari) (Entered: 06/30/2016)
REQUEST for SUMMONS for Andrew Dillon, Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., Veolia Environment S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc.. (Kresch, Ari) (Entered: 06/30/2016)
30 SUMMONS Issued for *Andrew Dillon, Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., Veolia Environment S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc.* (DPer) (Entered: 07/01/2016)
31 NOTICE of Appearance by David C. Kent on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 07/26/2016)
32 STIPULATION AND ORDER Regarding Second Amended Complaint and Response, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/12/2016)
33 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Exhibit Second Amended RICO Statement) (Radner, Solomon) (Entered: 08/12/2016)
REQUEST for SUMMONS for R. Kevin Clinton, Each. (Radner, Solomon) (Entered: 08/12/2016)
34 SUMMONS Issued for *R. Kevin Clinton* (Ahmed, N) (Entered: 08/12/2016)
35 SUMMONS Issued for *Each* (Ahmed, N) (Entered: 08/12/2016)
36 ANSWER to Complaint with Affirmative Defenses by Ed Kurtz. (Gildner, Michael) (Entered: 08/12/2016)
37 CERTIFICATE OF SERVICE re 36 Answer to Complaint by Ed Kurtz (Gildner, Michael) (Entered: 08/12/2016)

08/25/2016 09/09/2016 09/09/2016 09/16/2016 09/19/2016 09/19/2016
09/19/2016 09/19/2016 09/20/2016
09/21/2016
09/21/2016
09/21/2016 09/22/2016 09/22/2016 09/22/2016 09/22/2016

38 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 08/25/2016)
39 MOTION for Leave to File Excess Pages by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) (Entered: 09/09/2016)
TEXT−ONLY ORDER Granting 39 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/09/2016)
40 Ex Parte MOTION for Leave to File Excess Pages w/Brief and Certificate of Service by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith. (Attachments: # 1 Exhibit A) (Ciullo, Courtney) (Entered: 09/16/2016)
41 NOTICE of Appearance by Michael H. Perry on behalf of Liane Shekter Smith. (Perry, Michael) (Entered: 09/19/2016)
42 STIPULATED ORDER Extending Time To Respond to 33 Amended Complaint, ( Responsive Pleading due by 10/6/2016 for Defendants City of Flint, Dayne Walling, Howard Croft, Michael Glasgow, Mike Brown, Darnell Earley, Gerald Ambrose, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)
43 STIPULATED ORDER Granting Leave for Defendants Daniel Wyant and Bradley Wurfel to File Excess Pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)
TEXT−ONLY ORDER Granting 40 Ex Parte MOTION for Leave to File Excess Pages filed by Stephen Busch, Michael Prysby, Patrick Cook, Liane Shekter Smith. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)
44 STIPULATION for Extension of Time to File Responsive Pleadings by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 09/20/2016)
45 STIPULATION to Substitute Counsel for Robert Scott by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 09/21/2016)
46 STIPULATION to Substitute Counsel for Nancy Peeler by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Nancy Peeler, Robert Scott, Richard Dale Snyder, State of Michigan, Eden Wells (Larsen, Zachary) (Entered: 09/21/2016)
47 STIPULATION to Extend Time to File Responsive Pleadings by Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 09/21/2016)
48 STIPULATION For Extension of Time to File Responsive Pleadings by Rowe Professional Service Company (Thompson, Craig) (Entered: 09/22/2016)
49 ATTORNEY APPEARANCE: Michael S. Cafferty appearing on behalf of Nancy Peeler (Cafferty, Michael) (Entered: 09/22/2016)
50 ORDER Granting 44 Stipulation for Extension of Time to Respond to 33 Amended Complaint; Responsive Pleading due by 10/6/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)
51 ORDER re 45 Stipulation to Substitute Counsel for Robert Scott. Attorney Mary Chartier. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)

09/22/2016 09/22/2016
09/22/2016
09/22/2016
09/23/2016 09/30/2016 09/30/2016 09/30/2016
09/30/2016
10/05/2016 10/05/2016 10/05/2016 10/05/2016
10/06/2016 10/06/2016 10/06/2016 10/06/2016

52 ORDER re 46 Stipulation to Substitute Counsel for Nancy Peeler. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)
53 ORDER re 47 Stipulation filed by Lockwood, Andrews & Newman, Inc., Leo A Daly Corp., Lockwood, Andrews & Newnam, P.C., for Extension of Time to Respond to 33 Amended Complaint; Responsive Pleading due by 10/22/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)
54 ORDER re 48 Stipulation filed by Rowe Professional Service Company for an Extension of Time to Respond to 33 Amended Complaint; Responsive Pleading due by 10/13/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)
55 MOTION to Dismiss , Brief in Support and Certificate of Service by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H) (Jackson, Krista) (Entered: 09/22/2016)
56 STIPULATION AND ORDER Extending Time for Defendants Wyant and Wurfel to Respond to 33 Amended Complaint; Responsive Pleading due by 9/30/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/23/2016)
57 ATTORNEY APPEARANCE: Robert G. Kamenec appearing on behalf of Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. (Kamenec, Robert) (Entered: 09/30/2016)
58 STIPULATED ORDER Extending Time to File Responsive Pleading to 33 Amended Complaint, Responsive Pleading due by 10/13/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/30/2016)
59 MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Index of Exhibits Index of Unpublished Cases, # 2 Exhibit Boler v Early (unpublished case), # 3 Exhibit Rouse v Caruso (unpublished case), # 4 Exhibit Schreiber v Cnty. of Crawford (unpublished case)) (Bolton, Jordan) (Entered: 09/30/2016)
60 MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Exhibit A, # 2 Index of Exhibits Index of Unpublished Cases, # 3 Exhibit Bolder v Early (unpublished case), # 4 Exhibit Rouse v Caruso (unpublished case), # 5 Exhibit Schreiber v Cnty. of Crawford (unpublished case)) (Bolton, Jordan) (Entered: 09/30/2016)
61 STIPULATION to extend time to respond by Robert Scott (Attachments: # 1 Exhibit Proposed Order (also submitted as Word document)) (Chartier−Mittendorf, Mary) (Entered: 10/05/2016)
62 STIPULATION re 33 Amended Complaint for Extension of Time to File Responsive Pleadings by Nancy Peeler (Cafferty, Michael) (Entered: 10/05/2016)
63 ORDER Granting 61 Stipulation for Extension of time for Defendant Robert Scott to Answer 29 Amended Complaint; Responsive Pleading due by 10/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/05/2016)
TEXT−ONLY ORDER Granting 62 Stipulation to Extend Time for Defendant Nancy Peeler to File Responsive Pleading to 29 Amended Complaint; Responsive Pleading due by 10/28/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/05/2016)
64 NOTICE of Appearance by Morley Witus on behalf of Richard Dale Snyder. (Witus, Morley) (Entered: 10/06/2016)
65 NOTICE of Appearance by Todd R. Mendel on behalf of Richard Dale Snyder. (Mendel, Todd) (Entered: 10/06/2016)
66 NOTICE of Appearance by Eugene Driker on behalf of Richard Dale Snyder. (Driker, Eugene) (Entered: 10/06/2016)
67 MOTION to Dismiss Under Fed. R. Civ. Proc. 12(b)(1) & (6) by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Attachments: # 1 Index of

10/11/2016 10/12/2016 10/12/2016 10/13/2016 10/13/2016 10/13/2016 10/13/2016
10/13/2016 10/14/2016 10/21/2016 10/21/2016 10/21/2016
10/24/2016 10/27/2016

Exhibits, # 2 Exhibit Ex. 1, # 3 Exhibit Ex. 2, # 4 Exhibit Ex. 3, # 5 Exhibit Ex. 4) (Larsen, Zachary) (Entered: 10/06/2016)
68 MOTION for Leave to File Excess Pages Of Its Brief In Support Of Its Motion To Dismiss Second Amended Class Action Complaint by City of Flint. (Berg, Frederick) (Entered: 10/11/2016)
69 NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Mike Brown, Darnell Earley, Michael Glasgow. (Kim, William) (Entered: 10/12/2016)
70 Ex Parte MOTION for Leave to File Excess Pages by Gerald Ambrose, Mike Brown, Howard Croft, Darnell Earley, Michael Glasgow, Dayne Walling. (Kim, William) (Entered: 10/12/2016)
TEXT−ONLY ORDER Granting in Part 68 MOTION for Leave to File Excess Pages; Brief shall not exceed forty (40) pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/13/2016)
TEXT−ONLY ORDER Granting 70 Ex Parte MOTION for Leave to File Excess Pages, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/13/2016)
71 ANSWER to Amended Complaint with Affirmative Defenses by Rowe Professional Service Company. (Thompson, Craig) (Entered: 10/13/2016)
72 MOTION to Dismiss by City of Flint. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−City of Flint Water System Questions and Answers, # 3 Exhibit 2−Termination Letter, # 4 Exhibit 3−Flint Charter, # 5 Exhibit 4−Flint Ordinances, # 6 Exhibit 5−Unpublished Cases, # 7 Exhibit 6−Opinions in Collins v. Snyder and Vale v. City of Flint) (Klein, Sheldon) (Entered: 10/13/2016)
73 MOTION to Dismiss Plaintiffs' Second Amended Complaint by Gerald Ambrose, Mike Brown, Howard Croft, Darnell Earley, Michael Glasgow, Dayne Walling. (Attachments: # 1 Exhibit Unpublished Cases and City Charter/Code Provisions) (Kim, William) (Entered: 10/13/2016)
74 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Rowe Professional Service Company (Thompson, Craig) (Entered: 10/14/2016)
75 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A − Unpublished Cases) (Erickson, Philip) (Entered: 10/21/2016)
76 Ex Parte MOTION for Leave to File Excess Pages by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 10/21/2016)
77 MOTION to Dismiss Plaintiffs' Second Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A Daly Corp.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Case, # 3 Exhibit B − Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 10/21/2016)
TEXT−ONLY ORDER Granting 76 Ex Parte MOTION for Leave to File Excess Pages filed by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/24/2016)
78 MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G1, # 9 Exhibit G2, # 10 Exhibit G3, # 11 Exhibit G4, # 12 Exhibit G5, # 13 Exhibit G6, # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Grashoff, Philip) (Entered: 10/27/2016)

10/28/2016 10/31/2016 10/31/2016 10/31/2016 11/03/2016
11/03/2016
11/03/2016
11/03/2016 11/08/2016 11/08/2016 11/09/2016 11/10/2016
11/11/2016 11/17/2016

79 MOTION to Dismiss and Joinder in Motions to Dismiss of Co−Defendants, Memorandum in Support, Certificate of Service by Nancy Peeler. (Attachments: # 1 Index of Exhibits INDEX OF EXHIBITS, # 2 Exhibit EXHIBIT 1 − UNPUBLISHED OPINION − BOLER V EARLY) (Cafferty, Michael) (Entered: 10/28/2016)
80 STIPULATED ORDER Extending Time for Response/Reply to 55 MOTION to Dismiss; Response due by 12/27/2016, Reply due by 2/10/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/31/2016)
81 MOTION to Dismiss by Robert Scott. (Attachments: # 1 Exhibit Certificate of Compliance) (Chartier−Mittendorf, Mary) (Entered: 10/31/2016)
82 MOTION for Leave to File Excess Pages by Robert Scott. (Attachments: # 1 Exhibit Proposed Order) (Chartier−Mittendorf, Mary) (Entered: 10/31/2016)
83 RESPONSE to 72 MOTION to Dismiss by State Defendants filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) Modified on 11/3/2016 (SOso). [DOCUMENT TITLED STATE DEFENDANT'S RESPONSE TO THE INDIVIDUAL CITY DEFENDANT'S MOTION TO DISMISS]. (Entered: 11/03/2016)
84 RESPONSE to 72 MOTION to Dismiss by State Defendants filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) Modified on 11/3/2016 (SOso). [DOCUMENT TITLED STATE DEFENDANT'S RESPONSE TO THE CITY OF FLINT'S MOTION TO DISMISS]. (Entered: 11/03/2016)
85 RESPONSE to 73 MOTION to Dismiss Plaintiffs' Second Amended Complaint (Amended Filing) filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Larsen, Zachary) Modified on 11/3/2016 (SOso). [DOCUMENT TITLED STATE DEFENDANT'S RESPONSE TO THE INDIVIDUAL CITY DEFENDANT'S MOTION TO DISMISS]. (Entered: 11/03/2016)
TEXT−ONLY ORDER Granting 82 MOTION for Leave to File Excess Pages filed by Robert Scott. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/03/2016)
86 RESPONSE to 78 MOTION to Change Venue (Concurrence) by the MDEQ Defendants filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 11/08/2016)
87 STIPULATED ORDER Extending Time to File Response/Reply to 78 MOTION to Change Venue, Response due by 12/1/2016, Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/08/2016)
88 NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Williams, Michael) (Entered: 11/09/2016)
89 RESPONSE to 78 MOTION to Change Venue filed by R. Kevin Clinton, Andrew Dillon, Linda Dykema, Nick Lyon, Michigan Department of Environmental Quality, Michigan Department of Health and Human Services, Dennis Muchmore, Richard Dale Snyder, State of Michigan, Eden Wells. (Bettenhausen, Margaret) (Entered: 11/10/2016)
90 RESPONSE to 78 MOTION to Change Venue filed by City of Flint. (Berg, Frederick) (Entered: 11/11/2016)
91 MOTION for Leave to File Excess Pages by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Bush, Cheryl) (Entered: 11/17/2016)

11/21/2016 11/21/2016 11/22/2016 11/22/2016 11/22/2016 11/22/2016 11/22/2016 11/23/2016
11/30/2016 11/30/2016 11/30/2016 12/01/2016 12/01/2016 12/01/2016 12/09/2016 12/14/2016

TEXT−ONLY ORDER Granting 91 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/21/2016)
92 REPLY to Response re 78 MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A) (Pattwell, Michael) (Entered: 11/21/2016)
93 STIPULATION AND ORDER Extending Time to File Reply re 78 MOTION to Change Venue; Reply due by 12/31/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
94 STIPULATED ORDER Extending Time to File Response/Reply re 55 MOTION to Dismiss, 59 MOTION to Dismiss, 60 MOTION to Dismiss; Response due by 12/27/2016, Reply due by 2/10/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
95 STIPULATED ORDER Extending Time to File Response/Reply re 67 MOTION to Dismiss; Response due by 12/21/2016, Reply due by 1/11/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
96 STIPULATED ORDER Extending Time to Respond/Reply to 79 MOTION to Dismiss; Response due by 1/3/2017, Reply due by 2/10/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
97 STIPULATED ORDER Extending Time to Respond/Reply to 81 MOTION to Dismiss; Response due by 1/14/2017, Reply due by 2/14/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/22/2016)
98 MOTION to Dismiss or, In the Alternative, Motion for More Definite Statement by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Unpublished Authorities, # 3 Exhibit 2 − Contract Between City of Flint and VWNAOS) (Williams, Michael) (Entered: 11/23/2016)
99 NOTICE of Appearance by James M. Campbell on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Campbell, James) (Entered: 11/30/2016)
100 STIPULATED ORDER Extending Time to Respond/Reply to 78 MOTION to Change Venue; Response due by 12/15/2016, Reply due by 1/13/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/30/2016)
101 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Grunert, John) (Entered: 11/30/2016)
102 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered: 12/01/2016)
103 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, Inc.. (Bush, Cheryl) (Entered: 12/01/2016)
104 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America Operating Services, LLC. (Bush, Cheryl) (Entered: 12/01/2016)
105 STIPULATED ORDER Extending Time to Respond/Reply to 98 MOTION to Dismiss; Response due by 2/10/2017, Reply due by 3/24/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/09/2016)
106 STIPULATED ORDER Extending Time to Respond/Reply to 67 MOTION to Dismiss; Response due by 1/20/2017, Reply due by 2/3/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/14/2016)

12/14/2016 12/14/2016 12/14/2016 12/22/2016 12/22/2016 12/22/2016 01/07/2017 01/23/2017 01/25/2017 02/02/2017 02/09/2017 02/09/2017 02/10/2017 02/10/2017 02/10/2017 02/17/2017

107 STIPULATED ORDER Extending Time to Respond/Reply to 77 MOTION to Dismiss, and 75 MOTION to Dismiss; Response due by 2/10/2017, Reply due by 3/24/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/14/2016)
108 STIPULATED ORDER Extending Time to Respond/Reply to 78 MOTION to Change Venue; Response due by 2/1/2017, Reply due by 2/15/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/14/2016)
109 STIPULATED ORDER Extending Time to Respond/Reply to 55 MOTION to Dismiss; Response due by 2/15/2017, Reply due by 3/1/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/14/2016)
110 STIPULATED ORDER Extending Time to Respond/Reply to 81 MOTION to Dismiss; Response due by 2/17/2017, Reply due by 3/3/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/22/2016)
111 STIPULATED ORDER Extending Time to Respond/Reply to 79 MOTION to Dismiss; Response due by 2/17/2017, Reply due by 3/3/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/22/2016)
112 STIPULATED ORDER Extending Time to Respond/Reply to 73 MOTION to Dismiss Plaintiffs' Second Amended Complaint; Response due by 2/17/2017, Reply due by 3/3/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/22/2016)
113 NOTICE of Joinder/Concurrence in 78 MOTION to Change Venue filed by Bradley Wurfel, Stephen Busch, Michael Prysby, Patrick Cook, Daniel Wyant, Liane Shekter Smith by Robert Scott (Chartier−Mittendorf, Mary) (Entered: 01/07/2017)
114 STIPULATED ORDER Extending Time to Respond/Reply to 67 MOTION to Dismiss; Response due by 2/20/2017, Reply due by 3/6/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/23/2017)
115 NOTICE of Non−Party Fault by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 01/25/2017)
116 STIPULATION AND ORDER Extending Time to Respond/Reply to 78 MOTION to Change Venue; Response due by 3/10/2017, Reply due by 4/3/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/02/2017)
117 STIPULATED ORDER Extending Time to Respond/Reply to 77 MOTION to Dismiss, 75 MOTION to Dismiss; Response due by 4/7/2017, Reply due by 4/28/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/09/2017)
118 STIPULATED ORDER Extending Time to Respond/Reply to 98 MOTION to Dismiss; Response due by 4/7/2017, Reply due by 4/28/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/09/2017)
119 STIPULATED ORDER Extending Time to Respond/Reply to 55 MOTION to Dismiss, 59 MOTION to Dismiss, 60 MOTION to Dismiss; Response due by 4/15/2017, Reply due by 5/20/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/10/2017)
120 STIPULATED ORDER Extending Time to Respond/Reply to 72 MOTION to Dismiss , 73 MOTION to Dismiss Plaintiffs' Second Amended Complaint; Response due by 4/15/2017, Reply due by 5/20/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/10/2017)
121 STIPULATED ORDER Extending Time to Respond/Reply to 81 MOTION to Dismiss; Response due by 4/15/2017, Reply due by 5/20/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/10/2017)
122 STIPULATED ORDER Extending Time to Respond/Reply re 79 MOTION to Dismiss; Response due by 4/15/2017, Reply due by 5/20/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/17/2017)

02/21/2017 02/23/2017 02/23/2017 02/23/2017 02/23/2017 03/08/2017
03/22/2017
04/17/2017 04/18/2017 04/18/2017 04/18/2017 04/26/2017
04/28/2017 05/12/2017 05/15/2017 05/19/2017 05/24/2017

123 STIPULATED ORDER Extending Time to Respond/Reply to 67 MOTION to Dismiss; Response due by 4/15/2017, Reply due by 5/20/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/21/2017)
124 ORDER of Attorney Substitution with stipulation. Attorney Barry A. Wolf for Gerald Ambrose added. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/23/2017)
125 ORDER of Attorney Substitution with stipulation. Attorney Alexander S. Rusek for Howard Croft added. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/23/2017)
126 ORDER of Attorney Substitution with stipulation. Attorney Todd Russell Perkins for Darnell Earley added. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/23/2017)
127 ORDER of Attorney Substitution with stipulation. Attorney Brett T. Meyer for Michael Glasgow added. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/23/2017)
128 MOTION to Compel Discovery from Defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter−Smith, Bradley Wurfel, and Daniel Wyant by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Defendants Motion to Change Venue (Doc. 78), # 3 Exhibit B − Declaration of Dr. Bryan Edelman. Ph.D., # 4 Exhibit C − Plaintiffs Request for Production of Documents, # 5 Exhibit D − Documents produced) (Kern, Chet) (Entered: 03/08/2017)
129 RESPONSE to 128 MOTION to Compel Discovery from Defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter−Smith, Bradley Wurfel, and Daniel Wyant filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 03/22/2017)
130 NOTICE of Appearance by Nikkiya Branch on behalf of Darnell Earley. (Branch, Nikkiya) (Entered: 04/17/2017)
131 STIPULATED ORDER Granting a Suspension of Time to File Responsive Pleading until Plaintiffs' Motion to Compel is Resolved, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/18/2017)
132 STIPULATED ORDER Granting a Suspension of Time to file Responses to Motion to Change Venue. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/18/2017)
133 STIPULATED ORDER STAYING CASE Pending Appeals, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/18/2017)
134 MOTION Correct Plaintiff's mistaken Stipulation and Strike VE's name re 133 Order Staying Case by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1, # 3 Exhibit 1) (Bush, Cheryl) (Entered: 04/26/2017)
135 Notice of Determination of Motion Without Oral Argument re 134 MOTION Correct Plaintiff's mistaken Stipulation and Strike VE's name re 133 Order Staying Case (WBar) (Entered: 04/28/2017)
136 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge John Corbett O'Meara in Ann Arbor to District Judge Paul D. Borman in Detroit. (SSch) (Entered: 05/12/2017)
137 ORDERS of RECUSAL. Case Reassigned to District Judge Judith E. Levy (SSch) (Entered: 05/16/2017)
138 STIPULATION to Extend Time for Defendants to File Their Responsive Pleadings by Leo A Daly Corp., Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 05/19/2017)
TEXT−ONLY ORDER Granting 138 Stipulation to Extend Time for Defendants Lockwood, Andrews and Newman, Inc., Lockwood, Andrews and Newnam, P.C., and Leo A. Daly Company to File Their Responsive Pleadings within 30 days following

06/08/2017
06/09/2017 06/29/2017 07/26/2017 07/27/2017 07/28/2017 09/12/2018

the Lifting of the Stay − Issued by District Judge Judith E. Levy. (FMos) (Entered: 05/24/2017)
139 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
140 NOTICE by Village Shores LLC Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
141 NOTICE by Robert Scott NOTICE OF SUBSTITUTION OF COUNSEL (Chartier−Mittendorf, Mary) (Entered: 06/29/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/26/2017)
142 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
143 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)
144 NOTICE of Appearance by Keith L. Altman on behalf of All Plaintiffs. (Altman, Keith) (Entered: 09/12/2018)

 
 CLOSED,REOPENED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16−cv−12875−JEL−MKM

Davenport et al v. Lockwood, Andrews & Newnam, Inc. et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Case in other court: U.S. Court of Appeals − Sixth Circuit,
17−01200
U.S. Court of Appeals − Sixth Circuit, 17−01200
Genesee County Circuit court, 16−107274−CZ Cause: 28:1332 Diversity−Personal Injury
Plaintiff

Date Filed: 08/05/2016 Date Terminated: 07/28/2017 Jury Demand: Both Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity

Tiffany Davenport

represented by David J. Shea Shea Aiello, PLLC 26100 American Drive Second Floor Southfield, MI 48034 248−354−0224 Email: david.shea@sadplaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Emmy L Levens Cohen Milstein Sellers and Toll PLLC 1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED

Hunter Shkolnik Napoli Shkolnik Law PLLC 1301 Avenue of the Americas 10th Floor New York, NY 10019 212−397−1000 Fax: 646−843−7603 Email: hunter@napolilaw.com ATTORNEY TO BE NOTICED

Jordan W. Connors Susman Godfrey L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 206−516−3814 Fax: 206−516−3883 Email: jconnors@susmangodfrey.com ATTORNEY TO BE NOTICED

Stephen E. Morrissey Susman Godrey L.L.P. 1201 Third Avenue

Plaintiff Merin Johnson
Plaintiff Gregory miller

Suite 3800 Seattle, WA 98101 206−373−7380 Fax: 206−516−3883 Email: smorrissey@susmangodfrey.com ATTORNEY TO BE NOTICED
Theodore J. Leopold Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 561−515−1400 Fax: 561−515−1401 Email: tleopold@cohenmilstein.com ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Twylla Walker
Plaintiff B. W.
Plaintiff E. D.
Plaintiff M. N.
Plaintiff D. W.

Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Lockwood, Andrews & Newnam, Inc.
Defendant Lockwood, Andrews & Newnam, P.C.
Defendant Leo A. Daly Company

Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED

Defendant Veolia North America, Inc.
Defendant Veolia North America, LLC Defendant Veolia Water North America Operating Services, LLC
Defendant Veolia Environnement, S.A.

represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
represented by Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED

Date Filed 08/05/2016
08/08/2016 08/11/2016 08/11/2016 08/11/2016 08/15/2016
08/15/2016

# Docket Text
1 NOTICE OF REMOVAL by Veolia Water North America Operating Services, LLC from Genesee County Circuit Court, case number 2016−107274−CZ. Receipt No: 0645−5814303 − Fee: &#036 400 [Previously dismissed case: No] [Possible companion case(s): None] (Bush, Cheryl) (Entered: 08/05/2016)
2 AMENDED 1 Notice of Removal, by Veolia Water North America Operating Services, LLC (Bush, Cheryl) (Entered: 08/08/2016)
3 NOTICE of Appearance by Emmy L Levens − NOT SWORN on behalf of All Plaintiffs. (Levens − NOT SWORN, Emmy) (Entered: 08/11/2016)
4 NOTICE of Appearance by Theodore J. Leopold on behalf of All Plaintiffs. (Leopold, Theodore) (Entered: 08/11/2016)
5 NOTICE of Appearance by Michael R. Williams on behalf of Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 08/11/2016)
6 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 08/15/2016)
7 MOTION to Dismiss , or in the Alternative, Motion for More Definite Statement by Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Unpublished Authorities) (Bush, Cheryl) (Entered: 08/15/2016)

08/17/2016
08/17/2016 08/17/2016 09/01/2016 09/01/2016 09/06/2016 09/20/2016 09/20/2016
09/21/2016 09/21/2016 09/22/2016
09/27/2016 09/29/2016 09/30/2016 09/30/2016 10/05/2016
10/05/2016

NOTICE of Error directed to: Cheryl A. Bush re 1 Notice of Removal. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to add the minor plaintiffs. [No Image Associated with this docket entry] (LHos) (Entered: 08/17/2016)
Addition of Parties to CM/ECF: Plaintiffs B. W., E. D., M. N., D. W.. Reason: The party was not added to CM/ECF (Bush, Cheryl) (Entered: 08/17/2016)
8 ORDER REASSIGNING CASE from District Judge Gerald E. Rosen and Magistrate Judge R. Steven Whalen in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 08/17/2016)
9 STIPULATION to Extend Time for Response Brief to Veolia Water North America Operating Services, LLC's Motion to Dismiss by All Plaintiffs (Levens − NOT SWORN, Emmy) (Entered: 09/01/2016)
10 ORDER Granting 9 Stipulation for Extension of Time to Respond to 7 MOTION to Dismiss; Response due by 9/30/2016, Reply due by 10/21/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/01/2016)
11 MOTION to Remand by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Complaint, # 3 Exhibit B − Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 09/06/2016)
12 RESPONSE to 11 MOTION to Remand filed by Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 09/20/2016)
13 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia Water North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 09/20/2016)
14 STIPULATION Extending TIme to Appear for Defendants by Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 09/21/2016)
15 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 09/21/2016)
16 ORDER re 14 Stipulation filed by Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C., for Extension of Time to File Responsive Pleading; Response due by 10/5/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/22/2016)
17 REPLY to Response re 11 MOTION to Remand filed by All Plaintiffs. (Levens − NOT SWORN, Emmy) (Entered: 09/27/2016)
18 NOTICE of Appearance by Hunter Shkolnik on behalf of All Plaintiffs. (Shkolnik, Hunter) (Entered: 09/29/2016)
19 ATTORNEY APPEARANCE: Robert G. Kamenec appearing on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Kamenec, Robert) (Entered: 09/30/2016)
20 RESPONSE to 7 MOTION to Dismiss , or in the Alternative, Motion for More Definite Statement filed by All Plaintiffs. (Attachments: # 1 A − Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 09/30/2016)
21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases) (Kamenec, Robert) (Entered: 10/05/2016)
22 MOTION to Dismiss Plaintiffs' Class Action Complaint for Lack of Personal Jurisdiction by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 10/05/2016)

10/18/2016
10/26/2016 10/26/2016
10/28/2016 10/28/2016 11/01/2016 11/01/2016 02/27/2017 04/25/2017 05/17/2017 05/25/2017
05/30/2017 06/05/2017 06/08/2017
06/08/2017
06/09/2017 06/15/2017

23 REPLY to Response re 7 MOTION to Dismiss , or in the Alternative, Motion for More Definite Statement filed by Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit Exhibit 1) (Bush, Cheryl) (Entered: 10/18/2016)
24 RESPONSE to 21 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action filed by All Plaintiffs. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Levens − NOT SWORN, Emmy) (Entered: 10/26/2016)
25 RESPONSE to 22 MOTION to Dismiss Plaintiffs' Class Action Complaint for Lack of Personal Jurisdiction filed by All Plaintiffs. (Attachments: # 1 Declaration of Jordan Connors, # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10) (Levens − NOT SWORN, Emmy) (Entered: 10/26/2016)
26 NOTICE of Appearance by Stephen E. Morrissey on behalf of Tiffany Davenport, Merin Johnson, Twylla Walker, Gregory miller. (Morrissey, Stephen) (Entered: 10/28/2016)
27 NOTICE of Appearance by Jordan W. Connors on behalf of Tiffany Davenport, Merin Johnson, Twylla Walker, Gregory miller. (Connors, Jordan) (Entered: 10/28/2016)
28 OPINION AND ORDER granting 11 Motion to remand case to Genesee County Circuit Court. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 11/01/2016)
29 NOTICE remanding case to Genesee County Cirucit Court. (DPer) (Entered: 11/01/2016)
30 ORDER from U.S. Court of Appeals − Sixth Circuit [Appeal Case Number 16−103] (Ahmed, N) (Entered: 02/28/2017)
31 OPINION and JUDGMENT from U.S. Court of Appeals − Sixth Circuit re 30 Appeal Order/Opinion/Judgment [Appeal Case Number 17−1200] (Ahmed, N) (Entered: 04/27/2017)
32 MANDATE from U.S. Court of Appeals − Sixth Circuit as to 31 Appeal Order/Opinion/Judgment, 30 Appeal Order/Opinion/Judgment [Appeal Case Number 17−1200] (Ahmed, N) (Entered: 05/18/2017)
33 MOTION for Leave to File Amended Rule 12(b)(1), 12(b)(2) and 12(b)(6) Motion to Dismiss Plaintiffs' Class Action Complaint for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and Failure to State a Cause of Action by Leo A. Daly Company. (Attachments: # 1 Exhibit A − Proposed Amended Motion) (Kamenec, Robert) (Entered: 05/25/2017)
34 ORDER REASSIGNING CASE from District Judge John Corbett O'Meara to District Judge Judith E. Levy. (SSch) (Entered: 05/30/2017)
35 MOTION to Dismiss or, in the Alternative, Motion for More Definite Statement by Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Exhibit 1) (Bush, Cheryl) (Entered: 06/05/2017)
36 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
37 RESPONSE to 33 MOTION for Leave to File Amended Rule 12(b)(1), 12(b)(2) and 12(b)(6) Motion to Dismiss Plaintiffs' Class Action Complaint for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and Failure to State a Cause of Action filed by All Plaintiffs. (Levens, Emmy) (Entered: 06/08/2017)
38 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
39 REPLY to Response re 33 MOTION for Leave to File Amended Rule 12(b)(1), 12(b)(2) and 12(b)(6) Motion to Dismiss Plaintiffs' Class Action Complaint for Lack of Subject Matter Jurisdiction, Lack of Personal Jurisdiction, and Failure to State a

06/26/2017
06/27/2017
07/26/2017 07/27/2017 07/28/2017

Cause of Action filed by Leo A. Daly Company. (Erickson, Philip) (Entered: 06/15/2017)
40 STIPULATION FOR ENTRY OF ORDER REGARDING EXTENSION OF DEADLINES FOR RESPONDING TO PENDING MOTIONS TO DISMISS OR OTHERWISE ANSWERING THE COMPLAINT by All Plaintiffs (Shkolnik, Hunter) (Entered: 06/26/2017)
TEXT−ONLY ORDER Granting 40 Stipulation Regarding Extension of Deadlines for Responding to Pending Motions or Otherwise Answering the Complaint. (Response due by 8/2/2017) Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/27/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/26/2017)
41 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
42 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)

 
 Davenport v. Lockwood, Andrews & Newnam, Inc., 854 F.3d 905 (2017)

854 F.3d 905 United States Court of Appeals, Sixth Circuit.
Tiffany DAVENPORT, et al., Plaintiffs–Appellees, v.
LOCKWOOD, ANDREWS & NEWNAM, INC., et al., Defendants,
Veolia Water North America Operating Services, LLC, Defendant–Appellant.
No. 17-1200 |
Decided and Filed: April 25, 2017
Synopsis Background: Residents of Flint, Michigan brought putative class action in state court against civil engineering and environmental services firms hired by city, asserting claims for negligence, intentional and negligent infliction of emotional distress, and unjust enrichment arising from defendants’ alleged roles in residents’ exposure to lead from Flint’s public water system. Environmental services firm removed action to federal court under Class Action Fairness Act (CAFA). The United States District Court for the Eastern District of Michigan, John Corbett O’Meara, J., granted residents’ motion to remand under CAFA’s local-controversy exception. Environmental services firm appealed.
In a matter of first impression, the Court of Appeals, Julia Smith Gibbons, Circuit Judge, held that “other class actions” had been filed within three-year period preceding filing of putative class action, and thus CAFA’s local-controversy exception did not divest district court of its jurisdiction, although all actions had been brought in single state.
Reversed and remanded.
Procedural Posture(s): On Appeal.
Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. No. 5:16-cv-12875—John Corbett O’Meara, District Judge.
Attorneys and Law Firms
ON BRIEF: John A. K. Grunert, CAMPBELL, CAMPBELL, EDWARDS & CONROY, P.C., Boston,

Massachusetts, Cheryl A. Bush, Michael R. Williams, BUSH SEYFERTH & PAIGE PLLC, *907 Troy, Michigan, for Appellant. Emmy L. Levens, COHEN MILSTEIN SELLERS & TOLL PLLC, Washington, D.C., for Appellees.
Before: NORRIS, BATCHELDER, and GIBBONS, Circuit Judges.
OPINION
JULIA SMITH GIBBONS, Circuit Judge.
This case arises out of defendant Veolia Water North America Operating Services, LLC’s (“Veolia”) and other defendants’ allegedly negligent conduct in connection with the Flint, Michigan water crisis. The sole issue on appeal is the meaning of “other class actions” under the local controversy exception to the Class Action Fairness Act of 2005 (“CAFA”), 28 U.S.C. § 1332(d). The district court found that plaintiffs had met the requirements for the local controversy exception to CAFA and remanded this matter to the Michigan state courts. For the reasons that follow, we reverse the district court’s order to remand the case to state court and find that the local controversy exception is inapplicable to this case.
I.
This case is one of numerous actions arising from the water crisis in Flint, Michigan. The Flint public water system includes lead pipes. Prior to April 2014, Flint purchased treated water from the City of Detroit. Thereafter, the city began using the Flint River as its water source. The Flint River water was not treated with corrosion-inhibiting chemicals, and this led to a multitude of serious problems with the local water supply. Residents complained that the water was discolored and foul-smelling. There were reports of skin rashes, hair loss, and vomiting after drinking and bathing in the water. And most disturbingly, many children in Flint were found to have high levels of lead in their blood stream. See Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383,

Davenport v. Lockwood, Andrews & Newnam, Inc., 854 F.3d 905 (2017)

387 (6th Cir. 2016).
On July 26, 2016, the plaintiffs filed this putative class action in Genesee County Circuit Court asserting claims for negligence, intentional and negligent infliction of emotional distress, and unjust enrichment. They alleged that the individual plaintiffs and the members of the class have been harmed by exposure to lead from Flint’s public water system. The defendants include Veolia and Lockwood, Andrews & Newnam, P.C. (“LAN”), as well as several other entities related to either Veolia or LAN. In 2013, LAN was hired by Flint to advise the city with respect to using the Flint River as its water source. Flint hired Veolia in February 2015 as a water expert to evaluate the city’s water-treatment process. The plaintiffs seek damages from Veolia and LAN for the harm they allegedly suffered as a result of the contaminated Flint water.
Veolia timely removed the case to district court pursuant to CAFA. Veolia asserted that the amount in controversy exceeded $5 million, the putative class comprised at least 100 members, and there was the minimal diversity of citizenship required by CAFA. It also asserted that the local controversy exception did not apply to defeat federal jurisdiction because at least five similar class actions had been filed prior to the filing of this action.
The plaintiffs moved to remand on the ground that the matter was a local controversy as contemplated by § 1332(d)(4)(A) and thus did not fall within CAFA’s jurisdiction. Under the local controversy exception, a district court must decline to exercise CAFA jurisdiction:
(i) over a class action in which—
(I) greater than two-thirds of the members of all proposed plaintiff *908 classes in the aggregate are citizens of the State in which the action was originally filed
(II) at least 1 defendant is a defendant—
(aa) from whom significant relief is sought by members of the plaintiff class;
(bb) whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class; and
(cc) who is a citizen of the State in which the action was originally filed; and
(III) principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the State in which the action was

originally filed; and
(ii) during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons.
28 U.S.C. § 1332(d)(4)(A). The parties agree that all requirements of § 1332(d)(4)(A)(i) have been met in this case. The plaintiffs, however, asserted that pursuant to subsection (ii), the case fell within the local controversy exception, despite the fact that other similar class actions had been filed within the preceding three years.
It is undisputed that, prior to the filing of this case by the plaintiffs, Flint residents filed other class actions against Veolia, LAN, and various other persons and entities seeking damages for injuries allegedly caused by the lead contamination in Flint’s water system. McIntosh v. State of Michigan, No. 16-10571 (E.D. Mich. filed Feb. 16, 2015)1; McMillian v. Snyder, No. 16-10796 (E.D. Mich. filed Mar. 2, 2016); Gilcreast v. Lockwood, Andrews & Newnam, P.C., No. 16-11173 (E.D. Mich. filed Mar. 31, 2016); Washington v. Snyder, No. 16-11247 (E.D. Mich. filed April 5, 2016). One of the first such cases was the Mason action, which was initially filed in state court on January 25, 2016, and then removed to district court, only to be remanded back to state court under the local controversy exception. The court in Mason did not address whether other class actions had been previously filed or the meaning of the “other class actions” provision in § 1332(d). See Mason, 842 F.3d at 389.
The district court acknowledged that other class actions had been filed in the previous three years but agreed with the plaintiffs that this case was a “truly local controversy” and remanded the case to state court. In doing so, the district court noted that CAFA was enacted to prevent “copycat class actions” in “state courts of different jurisdictions” when there is no way to consolidate cases. It noted that, here, all of the state class actions were in Michigan and cited two district cases where the state court class actions were confined to one state as well. Veolia now appeals.
II.
We review questions of subject matter jurisdiction de novo, “including a district court’s order remanding a case to the state court from which it was removed” under

Davenport v. Lockwood, Andrews & Newnam, Inc., 854 F.3d 905 (2017)

CAFA. Graiser v. Visionworks of Am., Inc., 819 F.3d 277, 282 (6th Cir. 2016) (internal citation and quotations omitted).
We have, in the past, interpreted the local controversy exception to CAFA. See Mason, 842 F.3d at 389. However, the statutory interpretation question before us *909 today is an issue of first impression for our court. Mason dealt with whether the first-filed class action in the Flint water crisis met the requirements of § 1332(d)(4)(A)(i). Although we spoke with broad language about the local controversy exception, we confined our holding to the two individual provisions at issue—the two-thirds citizenship and “significant basis” requirements. Id. at 389.
Here, the parties agree that all the requirements of § 1332(d)(4)(A)(i) have been met. They dispute whether subsection (ii) has also been met. As we did in Mason, we confine our inquiry to the issue before us: whether “during the 3-year period preceding the filing of the class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons.” 28 U.S.C. § 1332(d)(4)(A)(ii). There is no dispute that there have been other class actions filed and that they involve similar factual allegations against many of the same defendants as those present here. The sole question is whether these “other class actions” are such for CAFA purposes.
A.
For questions of statutory interpretation, we look to the statutory language as “the starting point for interpretation, and ... the ending point if the plain meaning of that language is clear.” United States v. Henry, 819 F.3d 856, 870 (6th Cir. 2016). The plain language of CAFA offers a simple answer to our inquiry. The local controversy exception will apply only if no other similar class action was brought against any of the defendants in the instant action during the three years preceding the filing of this case. § 1332(d)(4)(A)(ii).
It is undisputed that five class actions were brought, each advancing very similar factual allegations of negligence, intentional and negligent infliction of emotional distress, and unjust enrichment. And each action sued at least one of the defendants currently in this suit. Applying the language of the exception to the facts before us, the local controversy exception cannot apply. The statutory

language is clear and unambiguous. The federal court retains jurisdiction pursuant to CAFA.
Plaintiffs have a rebuttal. They assert that, when considered within the design and Congressional intent of CAFA, “other class action” should not refer to class actions filed within a single state. As applied to this case, plaintiffs certainly have a point. They argue that the Flint water crisis “exemplifies the quintessential local controversy.” Mason, 842 F.3d at 397. They emphasize language from the Mason decision that says that “it defies common sense to say a suit by Flint residents against those purportedly responsible for injuring them through their municipal water service is not a ‘local controversy.’ ” Id. And plaintiffs contend that this is not an interstate class action at all but an entirely local one, because “[t]he heart of this case concerns injuries suffered by the residents of Flint, Michigan in Flint, Michigan.” The district court, too, seemed to adopt this argument when it cited to unreported district court cases for the proposition that, “where multiple cases are filed in the courts of the same state, federal jurisdiction under CAFA may not be proper.” Logan v. CLUB Metro USA, LLC, Civil Action No. 15-6773 (JLL), 2015 WL 7253935, at *3–4 (D.N.J. Nov. 17, 2015); see also Bridewell-Sledge v. Blue Cross of Calif., 798 F.3d 923, 930 (9th Cir. 2015) (two class actions filed in state court and consolidated did not preclude application of the local controversy exception).
But the district court relied on, and the plaintiffs urge us on appeal to look to, the “local” nature of the controversy in such a *910 way that contradicts CAFA’s plain language. It is true that the injuries were suffered by Flint residents in Flint, Michigan. In the colloquial sense, then, the controversy is “local.” However, it is not local in the way Congress contemplated in CAFA. It was the alleged conduct of primarily out-of-state defendants that caused plaintiffs’ injuries. And the class actions filed surrounding the Flint water crisis will have long-lasting implications for interstate commerce and will be felt far beyond the Flint, Michigan region. The language of CAFA defines by its own terms what qualifies as a local controversy, and those requirements are not met in this case. Even the plaintiffs concede that the local controversy exception could be plausibly read to conform to, rather than contradict, its plain meaning. Furthermore, courts agree that “[a]ny doubt about the applicability of the local-controversy exception [should be] resolved against the party seeking remand.” Hood v. Gilster-Mary Lee Corp., 785 F.3d 263, 265 (8th Cir. 2015); Dutcher v. Matheson, 840 F.3d 1183, 1190 (10th Cir. 2016); Reece v. AES Corp., 638 Fed.Appx. 755, 767–68 (10th Cir. 2016).

Davenport v. Lockwood, Andrews & Newnam, Inc., 854 F.3d 905 (2017)

B.
To the extent that the district court and the plaintiffs rely on policy considerations in lieu of a plain-meaning reading of the text, we note that the policy implications behind CAFA do not require that we remand this case to state court. Plaintiffs argue that Congress’s intent when enacting CAFA was to eliminate “copycat, or near copycat, suits in multiple forums.” They are not wrong. Congress did intend to prevent copycat suits in multiple forums, enabling class actions to be consolidated to promote judicial efficiency. See S. Rep. 109-14, 7, as reprinted in 2005 U.S.C.C.A.N. 3, 27. But there are also policy goals behind CAFA that support the plain-language reading of the statute here. The statute was enacted to broaden the availability of diversity-jurisdiction for class-action suits. See Dart Cherokee Basin Operating Co. v. Owens, ––– U.S. ––––, 135 S.Ct. 547, 554, 190 L.Ed.2d 495 (2014) (quoting S. Rep. 109-14, at 35, that “the overall intent of [CAFA] is to strongly favor the exercise of federal diversity jurisdiction over [interstate] class actions”). Congress was concerned about what “appear[ed] to be state court provincialism against out-of-state defendants” and the need “to shore up confidence in the judicial system by preventing even the appearance of discrimination in favor of local residents.” S. Rep. No. 109-15, at 6, 8. Congress valued a federal forum for all cases “with significant interstate and economic impacts,” id. at 8, in order “to allow defendants to defend large interstate class actions in federal court.” Freeman v. Blue Ridge Paper Prods., Inc., 551 F.3d 405, 407 (6th Cir. 2008).
CAFA was not to be read narrowly, but as a broad grant of jurisdiction in interstate class actions. S. Rep. 109-14, at 43 (The “provisions [of 28 U.S.C. S 1332(d) ] should be read broadly ...”). And the exception, specifically, was not to be read to create a jurisdictional loophole by which a plaintiff could defeat federal jurisdiction. See id. at 39. To read the statute narrowly but give broad sweep to the local controversy exception, in direct contradiction of its plain language, would be to contort Congress’s intent as embodied in the statutory language.

of this case and contrasting it with cases cited by both the district court and the plaintiffs to support a finding that the local controversy exception must apply here. In Vodenichar, the Third Circuit addressed whether a case met the requirements of *911 § 1332(d)(4)(A)(ii), but remanded the case to state court because it was a continuation of the first class action filed in the dispute. Vodenichar v. Halcon Energy Props., Inc., 733 F.3d 497, 509 (3d Cir. 2013). The case was the same suit in a second iteration, not a separate, second-filed suit with similar factual allegations against some of the same defendants. Id. at 509–10. Therefore, because no other suit with similar factual allegations had been filed preceding that one, the case met the requirements for the local controversy exception and the district court was required to remand. Id. Unlike Vodenichar, this case is an independent action and is not a continuation of the first-filed case.
Mason, on the other hand, did not address the requirements of § 1332(d)(4)(A)(ii) at all. See Mason, 842 F.3d at 389. It was the first class action filed in the Flint water crisis. By the plain language of the local controversy exception, “no other class action had been filed asserting the same or similar factual allegations against any of the defendants” in the three years prior to Mason being filed. 28 U.S.C. § 1332(d)(4)(A)(ii). Mason, by the language of the exception, belonged in state court. This case, by the same language, does not. It is undisputed that multiple class actions have been filed in the three years preceding the July 26, 2016 filing of this suit, and thus the local controversy exception cannot apply here.
III.
For the reasons stated above, we reverse the judgment of the district court and remand for further proceedings not inconsistent with this opinion.

All Citations
854 F.3d 905 C.
Finally, it is worth noting the unique procedural posture Footnotes

Davenport v. Lockwood, Andrews & Newnam, Inc., 854 F.3d 905 (2017)

1

This action was voluntarily dismissed on May 25, 2016.

 
 U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:16−cv−14498−JEL−APP

CLOSED

Village Shores LLC v. Lockwood, Andrews & Newnam, P.C. et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Anthony P. Patti
Case in other court: Genesee County Circuit Court, 16−107731−CZ
Cause: 28:1332 Diversity−Torts to Land
Plaintiff

Date Filed: 12/29/2016 Date Terminated: 07/28/2017 Jury Demand: Plaintiff Nature of Suit: 240 Torts to Land Jurisdiction: Diversity

Village Shores LLC

represented by Andrew P. Abood Abood Law Firm 246 E. Saginaw Street Suite 100 East Lansing, MI 48823 517−332−5900 Email: andrew@aboodlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beth M. Rivers Pitt McGehee Palmer & Rivers 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: brivers@pittlawpc.com ATTORNEY TO BE NOTICED

Cary S. McGehee Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: cmcgehee@pittlawpc.com ATTORNEY TO BE NOTICED

Cynthia M. Lindsey Cynthia Lindsey & Associates 8900 E. Jefferson Avenue No. 612 Detroit, MI 48214 313−824−2157 Fax: 313−824−2157 Email: cmlind6439@aol.com ATTORNEY TO BE NOTICED

Deborah A. LaBelle 221 N. Main Street Suite 300 Ann Arbor, MI 48104 734−996−5620 Email: deblabelle@aol.com ATTORNEY TO BE NOTICED

Emmy L Levens Cohen Milstein Sellers and Toll PLLC

1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED
Esther Berezofsky Motley Rice, LLC 210 Lake Drive East Suite 101 Cherry Hill, NJ 08002 856−667−0500 Fax: 856−667−5133 Email: eberezofsky@motleyrice.com ATTORNEY TO BE NOTICED
Gregory Stamatopoulos Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard Suite 2150 Detroit, MI 48202 313−800−4168 Fax: 646−293−7955 Email: gstamatopoulos@weitzlux.com ATTORNEY TO BE NOTICED
Hunter Shkolnik Napoli Shkolnik Law PLLC 1301 Avenue of the Americas 10th Floor New York, NY 10019 212−397−1000 Fax: 646−843−7603 Email: hunter@napolilaw.com ATTORNEY TO BE NOTICED
Jessica B. Weiner Cohen Milstein Sellers & Toll PLLC 1100 New York Ave., NW Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: jweiner@cohenmilstein.com ATTORNEY TO BE NOTICED
Jordan W. Connors Susman Godfrey L.L.P. 1201 Third Ave. Suite 3800 Seattle, WA 98101 206−516−3814 Fax: 206−516−3883 Email: jconnors@susmangodfrey.com ATTORNEY TO BE NOTICED
Julie H. Hurwitz Goodman and Hurwitz, P.C. 1394 E. Jefferson Avenue Detroit, MI 48207 313−567−6170 Fax: 313−567−4827 Email: jhurwitz@goodmanhurwitz.com

ATTORNEY TO BE NOTICED
Kathryn Bruner James Goodman and Hurwitz, P.C. 1394 E. Jefferson Avenue Detroit, MI 48207 313−567−6170 Fax: 313−567−4827 Email: kjames@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Michael L. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: mpitt@pittlawpc.com ATTORNEY TO BE NOTICED
Paul F. Novak Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard, Suite 2150 Detroit, MI 48202 313−800−4170 Fax: 646−293−7992 Email: pnovak@weitzlux.com ATTORNEY TO BE NOTICED
Stephen E. Morrissey Susman Godrey L.L.P. 1201 Third Avenue Suite 3800 Seattle, WA 98101 206−373−7380 Fax: 206−516−3883 Email: smorrissey@susmangodfrey.com ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman Law Offices of Teresa A. Bingman 1425 Ambassador Drive Okemos, MI 48864 877−957−7077 Fax: 877−957−7077 Email: tbingman@tbingmanlaw.com ATTORNEY TO BE NOTICED
Theodore J. Leopold Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 561−515−1400 Fax: 561−515−1401 Email: tleopold@cohenmilstein.com ATTORNEY TO BE NOTICED
William H. Goodman Goodman and Hurwitz 1394 E. Jefferson Avenue Detroit, MI 48207 313−567−6170

Plaintiff
ANGELOS CONEY ISLAND PALACE, INC.

Fax: 313−567−4827 Email: bgoodman@goodmanhurwitz.com ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Plaintiff JAN BURGESS

Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address)

Plaintiff DAVID MUNOZ

ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner

Plaintiff JOSHUA BOGGESS

(See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Michael Snyder

Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED

Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED

Plaintiff SHERRY MULHERIN

Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED

Plaintiff LAQUISHA JACOBS

Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address)

Plaintiff ZHANNA GARDIN

ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED
Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner

Plaintiff EDDIE HAMMOND

(See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Cynthia M. Lindsey (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Emmy L Levens (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Lockwood, Andrews & Newnam, P.C.

Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED
Jessica B. Weiner (See above for address) ATTORNEY TO BE NOTICED
Jordan W. Connors (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
Stephen E. Morrissey (See above for address) ATTORNEY TO BE NOTICED
Teresa Ann Caine Bingman (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Andrew P. Abood (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201

Defendant Lockwood, Andrews & Newnam, Inc.
Defendant Leo A. Daly Company
Defendant Veolia North America, Inc.

469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road

Defendant Veolia North America, LLC
Defendant Veolia Water North America Operating Services, LLC
Defendant Veolia Environnement, S.A. Defendant Governor Rick Snyder

Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
represented by James M. Campbell Campbell, Campbell, One Constitution Plaza Third Floor Boston, MA 02129−2025 617−241−3000 Fax: 617−241−3060 Email: jmcampbell@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617−241−3000 Fax: 617−241−5115 Email: jgrunert@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
represented by Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755

Defendant State of Michigan

Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED
Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: mwitus@bsdd.com ATTORNEY TO BE NOTICED
Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED
Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED
Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED
Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: larsenz@michigan.gov ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED

Defendant Flint, City of
Defendant Daniel Wyant

Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313−225−7000 Fax: 313−225−7080 Email: bergf@butzel.com ATTORNEY TO BE NOTICED
Reed E. Eriksson City of Flint Legal Department 1101 S. Saginaw St. 3rd Floor Flint, MI 48502 810−237−2078 Email: reriksson@cityofflint.com ATTORNEY TO BE NOTICED
Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248−258−1414 Fax: 248−258−1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED
William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114 Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED
represented by Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202−572−8671 Fax: 202−572−8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED
Jordan S. Bolton Clark Hill PLC 151 S. Old Woodward Ave. Suite 200 Birmingham, MI 48009

Defendant Nick Lyon
Defendant Andy Dillon
Defendant Liane shekter−smith Defendant Adam Rosenthal

(248) 988−1839 Fax: (248) 988−2320 Email: jbolton@clarkhill.com ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Allison M. Collins Foster, Swift, Collins & Smith, P.C. 313 S. Washington Square Lansing, MI 48933 517−371−8124 Fax: 517−371−8200 Email: acollins@fosterswift.com ATTORNEY TO BE NOTICED
Charles E. Barbieri

Defendant Stephen Busch
Defendant Patrick Cook Defendant Michael Prysby Defendant Bradley Wurfel

Foster, Swift, 313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
represented by Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED
Jordan S. Bolton (See above for address) ATTORNEY TO BE NOTICED

Defendant Jeff Wright Defendant Edward Kurtz
Defendant Darnell Earley Defendant Gerald Ambrose
Defendant Dayne Walling
Defendant Howard Croft Defendant Michael Glasgow
Defendant Daugherty Johnson

Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
represented by Michael J. Gildner Simen, Figura, 5206 Gateway Centre Suite 200 Flint, MI 48507 810−235−9000 Email: mgildner@sfplaw.com ATTORNEY TO BE NOTICED
represented by Barry A. Wolf Barry A. Wolf, Attorney at Law, PLLC 503 S. Saginaw Street, Suite 1410 Flint, MI 48502 810−762−1084 Fax: 810−244−1650 Email: bwolf718@msn.com ATTORNEY TO BE NOTICED
represented by Reed E. Eriksson (See above for address) ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Brett T. Meyer Plunkett Cooney 333 Bridge St. NW Suite 530 Grand Rapids, MI 49504 (616) 752−4605 Fax: (616) 752−4607 Email: bmeyer@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by Edwar A. Zeineh Law Office of Edwar A. Zeineh, PLLC 2800 E. Grand River Ave. Suite B Lansing, MI 48912

517−292−7000 Fax: 866−475−4449 Email: zeinehlaw@gmail.com ATTORNEY TO BE NOTICED

Date Filed 12/29/2016
12/29/2016 01/04/2017 01/05/2017 01/10/2017 01/11/2017 01/11/2017 01/19/2017 01/24/2017
01/25/2017
01/25/2017
01/26/2017

# Docket Text
1 NOTICE OF REMOVAL by Veolia North America, LLC, Veolia Water North America Operating Services, LLC, Veolia North America, Inc. from Genesee County Circuit Court, case number 16−107731−CZ. Receipt No: 0645−6020296 − Fee: &#036 400 [Previously dismissed case: No] [Possible companion case(s): USDC Eastern, 5:16−cv−11173−JCO−MKM, Judge John Corbett O'Meara] (Bush, Cheryl) (Entered: 12/29/2016)
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 (Ahmed, N) (Entered: 12/29/2016)
2 MOTION for Leave to File Excess Pages by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 01/04/2017)
3 MOTION to Dismiss or, in the alternative, Motion for more definite statement by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Bush, Cheryl) (Entered: 01/05/2017)
TEXT−ONLY ORDER Granting 2 MOTION for Leave to File Excess Pages filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc − Issued by District Judge Judith E. Levy. (FMos) (Entered: 01/10/2017)
4 NOTICE OF HEARING on 3 MOTION to Dismiss or, in the alternative, Motion for more definite statement. Motion Hearing set for 5/3/2017 at 2:00 PM before District Judge Judith E. Levy in ANN ARBOR, MI (FMos) (Entered: 01/11/2017)
TEXT−ONLY CERTIFICATE OF SERVICE re 4 Notice of Hearing on Motion Andrew P. Abood, Abood Law Firm, 246 E. Saginaw Street, Suite 100, East Lansing, MI 48823 (FMos) (Entered: 01/11/2017)
5 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 01/19/2017)
6 STIPULATION and ORDER FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS FOR DEFENDANTS LOCKWOOD, ANDREWS & NEWNAM, INC., LOCKWOOD, ANDREWS & NEWNAM, P.C. AND LEO A DALY CO. AND TO ESTABLISH BRIEFING SCHEDULE − ( Response due by 3/6/2017, Reply due by 3/27/2017) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 01/24/2017)
7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action, or Alternatively for More Definite Statement by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Class Action Complaint, # 3 Exhibit B − Berna v City of Detroit, # 4 Exhibit C − Eichholz v Wells Fargo, # 5 Exhibit D − Wong v Ban−Cor Mrtg, # 6 Exhibit E − McCloy v Correction Med Servs, # 7 Exhibit F − Fisher v Caruso, # 8 Exhibit G − Adeseye v Banks) (Kamenec, Robert) (Entered: 01/25/2017)
8 MOTION to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and for Failure to State a Cause of Action, and Alternatively for More Definite Statement by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 01/25/2017)
9 STIPULATION and ORDER EXTENDING TIME TO FILE RESPONSIVE PLEADINGS FOR DEFENDANTS VEOLIA NORTH AMERICA, INC., VEOLIA

01/26/2017
01/26/2017 03/06/2017 03/06/2017
03/17/2017 03/20/2017 03/20/2017 03/20/2017 03/20/2017 03/20/2017 03/22/2017 03/22/2017 03/28/2017 03/30/2017

NORTH AMERICA, LLC, VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC :( Response due by 3/27/2017, Reply due by 4/27/2017) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 01/26/2017)
10 NOTICE OF HEARING on 8 MOTION to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and for Failure to State a Cause of Action, and Alternatively for More Definite Statement, 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action, or Alternatively for More Definite Statement. Motion Hearing set for 5/3/2017 at 2:00 PM before District Judge Judith E. Levy (FMos) (Entered: 01/26/2017)
TEXT−ONLY CERTIFICATE OF SERVICE re 4 Notice of Hearing on Motion, 10 Notice of Hearing on Motion, on Village Shores LLC mailed to Andrew P. Abood Abood Law Firm, 246 E. Saginaw Street, Suite 100, East Lansing, MI 48823 (FMos) (Entered: 01/26/2017)
11 RESPONSE to 7 MOTION to Dismiss for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action, or Alternatively for More Definite Statement filed by Village Shores LLC. (Abood, Andrew) (Entered: 03/06/2017)
12 RESPONSE to 8 MOTION to Dismiss Plaintiff's Class Action Complaint for Lack of Personal Jurisdiction and for Failure to State a Cause of Action, and Alternatively for More Definite Statement filed by Village Shores LLC. (Attachments: # 1 DECLARATION OF SHIMON YIFTACH, # 2 Index of Exhibits, # 3 Exhibit Lockwood, Andrews & Newnam, Inc. Homepage, # 4 Exhibit May 22, 2013 Design Notes and Computations, # 5 Exhibit May 24, 2013 Design Notes and Computations, # 6 Exhibit June 26, 2013 Design Notes and Computations, # 7 Exhibit September 10, 2015 e−mails and memorandum, # 8 Exhibit October 2, 2015 e−mails, # 9 Exhibit November 23, 2015 Resolution of City Counsel, # 10 Exhibit October 23, 2014 Resolution Authorizing Change Order #3, # 11 Exhibit November 18, 2013 Resolution Authorizing Change Order #2, # 12 Exhibit November 2014 Operation Evaluation Report, # 13 Exhibit Leo A. Dalys Website) (Abood, Andrew) (Entered: 03/06/2017)
13 STIPULATION to Allow Plaintiff to Amend Complaint by Village Shores LLC (Abood, Andrew) (Entered: 03/17/2017)
14 NOTICE of Appearance by James M. Campbell on behalf of Veolia North America, LLC. (Campbell, James) (Entered: 03/20/2017)
15 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. (Bush, Cheryl) (Entered: 03/20/2017)
16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC (Bush, Cheryl) (Entered: 03/20/2017)
17 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia Water North America Operating Services, LLC (Bush, Cheryl) (Entered: 03/20/2017)
18 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America, LLC. (Grunert, John) (Entered: 03/20/2017)
19 STIPULATION re 13 Stipulation by Village Shores LLC (Abood, Andrew) (Entered: 03/22/2017)
Remark − Motion Hearing set for May 3, 2017 is CANCELLED. (FMos) (Entered: 03/22/2017)
20 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 03/28/2017)
21 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Abood, Andrew) (Entered: 03/30/2017)

03/31/2017
03/31/2017 03/31/2017 03/31/2017 03/31/2017 03/31/2017 03/31/2017 03/31/2017 03/31/2017 03/31/2017 03/31/2017 04/03/2017
04/06/2017 04/06/2017 04/06/2017 04/12/2017 04/12/2017 04/12/2017 04/12/2017 04/12/2017

REQUEST for SUMMONS for Gerald Ambrose, Stephen Busch, City of Flint, Patrick Cook, Howard Croft, Andy Dillon, Darnell Earley, Michael Glasgow, Governor Rick Snyder, Daugherty in their individual and official capacit Johnson, Edward Kurtz, Nick Lyon, Michael Prysby, Adam Rosenthal, State of Michigan, Dayne Walling, Jeff Wright, Bradley Wurfel, Daniel Wyant, Liane shekter−smith. (Abood, Andrew) (Entered: 03/31/2017)
22 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by ANGELOS CONEY ISLAND PALACE, INC. (Abood, Andrew) (Entered: 03/31/2017)
23 NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 03/31/2017)
24 NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 03/31/2017)
25 NOTICE of Appearance by Michael L. Pitt on behalf of All Plaintiffs. (Pitt, Michael) (Entered: 03/31/2017)
26 NOTICE of Appearance by Emmy L Levens on behalf of All Plaintiffs. (Levens, Emmy) (Entered: 03/31/2017)
27 NOTICE of Appearance by Theodore J. Leopold on behalf of All Plaintiffs. (Leopold, Theodore) (Entered: 03/31/2017)
28 NOTICE of Appearance by Paul F. Novak on behalf of All Plaintiffs. (Novak, Paul) (Entered: 03/31/2017)
29 NOTICE of Appearance by Gregory Stamatopoulos on behalf of All Plaintiffs. (Stamatopoulos, Gregory) (Entered: 03/31/2017)
30 NOTICE of Appearance by Jordan W. Connors on behalf of All Plaintiffs. (Connors, Jordan) (Entered: 03/31/2017)
31 NOTICE of Appearance by Stephen E. Morrissey on behalf of All Plaintiffs. (Morrissey, Stephen) (Entered: 03/31/2017)
32 SUMMONS Issued for *Gerald Ambrose, Stephen Busch, City of Flint, Patrick Cook, Howard Croft, Andy Dillon, Darnell Earley, Michael Glasgow, Governor Rick Snyder, Daugherty in their individual and official capacit Johnson, Nick Lyon, Michael Prysby, Adam Rosenthal, State of Michigan, Dayne Walling, Jeff Wright, Bradley Wurfel, Daniel Wyant, Liane shekter−smith* (SOso) (Entered: 04/03/2017)
33 NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 04/06/2017)
34 NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 04/06/2017)
35 NOTICE of Appearance by Dennis K. Egan on behalf of Stephen Busch. (Egan, Dennis) (Entered: 04/06/2017)
36 NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan. (Bettenhausen, Margaret) (Entered: 04/12/2017)
37 NOTICE of Appearance by Nathan A. Gambill on behalf of Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan. (Gambill, Nathan) (Entered: 04/12/2017)
38 NOTICE of Appearance by Richard S. Kuhl on behalf of Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan. (Kuhl, Richard) (Entered: 04/12/2017)
39 NOTICE of Appearance by Zachary C. Larsen on behalf of Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan. (Larsen, Zachary) (Entered: 04/12/2017)
40 STIPULATION re 21 Amended Complaint to Extend Deadline to Respond by Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan (Gambill, Nathan) (Entered: 04/12/2017)

04/14/2017 04/14/2017 04/14/2017 04/14/2017
04/14/2017 04/14/2017
04/14/2017
04/14/2017 04/14/2017 04/15/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/17/2017 04/18/2017 04/19/2017 04/19/2017 04/21/2017

41 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 04/14/2017)
42 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel. (Pattwell, Michael) (Entered: 04/14/2017)
43 NOTICE of Appearance by Michael J. Pattwell on behalf of Daniel Wyant. (Pattwell, Michael) (Entered: 04/14/2017)
44 STIPULATED ORDER EXTENDING TIME TO FILE RESPONSE TO AMENDED COMPLAINT FOR VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC., AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLC. Signed by District Judge Judith E. Levy. (TBan) (Entered: 04/14/2017)
45 STIPULATED ORDER EXTENDING DEADLINE FOR MDEQ DEFENDANTS TO ANSWER AMENDED COMPLAINT. Signed by District Judge Judith E. Levy. (TBan) (Entered: 04/14/2017)
46 STIPULATED ORDER FOR EXTENSION OF TIME TO FILE RESPONSIVE PLEADINGS AS TO DEFENDANTS LOCKWOOD, ANDREWS & NEWNAM, INC., LOCKWOOD, ANDREWS & NEWNAM, P.C. AND LEO A. DALY CO. Signed by District Judge Judith E. Levy. (TBan) (Entered: 04/14/2017)
47 MOTION to reassign companion case by Governor Rick Snyder. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12) (Driker, Eugene) (Entered: 04/14/2017)
48 NOTICE of Appearance by Jordan S. Bolton on behalf of Bradley Wurfel. (Bolton, Jordan) (Entered: 04/14/2017)
49 NOTICE of Appearance by Jordan S. Bolton on behalf of Daniel Wyant. (Bolton, Jordan) (Entered: 04/14/2017)
50 ATTORNEY APPEARANCE: Cynthia M. Lindsey appearing on behalf of All Plaintiffs (Lindsey, Cynthia) (Entered: 04/15/2017)
51 ATTORNEY APPEARANCE: Todd R. Mendel appearing on behalf of Governor Rick Snyder (Mendel, Todd) (Entered: 04/17/2017)
52 ATTORNEY APPEARANCE: Eugene Driker appearing on behalf of Governor Rick Snyder (Driker, Eugene) (Entered: 04/17/2017)
53 ATTORNEY APPEARANCE: Morley Witus appearing on behalf of Governor Rick Snyder (Witus, Morley) (Entered: 04/17/2017)
54 NOTICE of Appearance by William Young Kim on behalf of City of Flint, Dayne Walling. (Kim, William) (Entered: 04/17/2017)
55 NOTICE of Appearance by Reed E. Eriksson on behalf of City of Flint, Dayne Walling. (Eriksson, Reed) (Entered: 04/17/2017)
56 ATTORNEY APPEARANCE: Barry A. Wolf appearing on behalf of Gerald Ambrose (Wolf, Barry) (Entered: 04/17/2017)
57 NOTICE of Appearance by Edwar A. Zeineh on behalf of Daugherty in their individual and official capacit Johnson. (Zeineh, Edwar) (Entered: 04/18/2017)
58 STIPULATION AND ORDER to Extend Deadline for City of Flint Defendants to Answer to 21 Amended Complaint − Signed by District Judge Judith E. Levy. (FMos) (Entered: 04/19/2017)
59 NOTICE of Appearance by Brett T. Meyer on behalf of Michael Glasgow. (Meyer, Brett) (Entered: 04/19/2017)
60 Notice of Determination of Motion Without Oral Argument re 47 MOTION to reassign companion case (FMos) (Entered: 04/21/2017)

04/21/2017
04/28/2017 04/28/2017 05/02/2017 05/02/2017 05/05/2017 05/08/2017 05/12/2017 05/16/2017 05/19/2017 05/19/2017
05/19/2017
05/19/2017
05/19/2017 05/19/2017
05/22/2017 05/22/2017 05/22/2017 05/22/2017

61 RESPONSE to 47 MOTION to reassign companion case filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Williams, Michael) (Entered: 04/21/2017)
62 NOTICE of Appearance by Hunter Shkolnik on behalf of All Plaintiffs. (Shkolnik, Hunter) (Entered: 04/28/2017)
63 RESPONSE to 47 MOTION to reassign companion case filed by All Plaintiffs. (Attachments: # 1 Exhibit 1) (Connors, Jordan) (Entered: 04/28/2017)
64 NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 05/02/2017)
65 NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 05/02/2017)
66 REPLY to Response re 47 MOTION to reassign companion case filed by Governor Rick Snyder. (Driker, Eugene) (Entered: 05/05/2017)
67 ATTORNEY APPEARANCE: Esther Berezofsky appearing on behalf of All Plaintiffs (Berezofsky, Esther) (Entered: 05/08/2017)
68 WAIVER OF SERVICE Returned Executed. Jeff Wright waiver sent on 5/12/2017, answer due 7/11/2017. (Bonanni, Megan) (Entered: 05/12/2017)
69 ORDER Denying 47 Motion to Reassign this Case as a Companion Case as Moot. Signed by District Judge Judith E. Levy. (FMos) (Entered: 05/16/2017)
70 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company (Erickson, Philip) (Entered: 05/19/2017)
71 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, Inc. identifying Corporate Parent Leo A. Daly Company for Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 05/19/2017)
72 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, P.C. identifying Corporate Parent Leo A. Daly Company for Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 05/19/2017)
73 MOTION to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2) and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − Affidavit of Edward Benes) (Kamenec, Robert) (Entered: 05/19/2017)
74 MOTION to Dismiss for Failure to State a Cause of Action by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A − Unpublished Case) (Kamenec, Robert) (Entered: 05/19/2017)
75 MOTION to Dismiss Motion to Dismiss or, in the alternative, Motion for more Definite Statement by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Bush, Cheryl) (Entered: 05/19/2017)
76 NOTICE of Appearance by Jessica B. Weiner on behalf of All Plaintiffs. (Weiner, Jessica) (Entered: 05/22/2017)
77 NOTICE of Appearance by Deborah A. LaBelle on behalf of All Plaintiffs. (LaBelle, Deborah) (Entered: 05/22/2017)
78 NOTICE of Appearance by Julie H. Hurwitz on behalf of All Plaintiffs. (Hurwitz, Julie) (Entered: 05/22/2017)
79 NOTICE of Appearance by William H. Goodman on behalf of All Plaintiffs. (Goodman, William) (Entered: 05/22/2017)

05/22/2017 05/23/2017
05/23/2017 05/23/2017 05/23/2017 05/31/2017 06/08/2017 06/08/2017
06/08/2017 06/09/2017 06/09/2017 06/09/2017 06/12/2017 06/13/2017
06/13/2017

80 NOTICE of Appearance by Kathryn Bruner James on behalf of All Plaintiffs. (James, Kathryn) (Entered: 05/22/2017)
81 NOTICE OF HEARING on 74 MOTION to Dismiss for Failure to State a Cause of Action, 75 MOTION to Dismiss Motion to Dismiss or, in the alternative, Motion for more Definite Statement, 73 MOTION to Dismiss Plaintiffs' First Amended Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2) and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6). Motion Hearing set for 9/28/2017 at 1:00 PM before District Judge Judith E. Levyin ANN ARBOR, MI (FMos) (Entered: 05/23/2017)
82 NOTICE of Appearance by Sheldon H. Klein on behalf of City of Flint. (Klein, Sheldon) (Entered: 05/23/2017)
83 NOTICE of Appearance by Frederick A. Berg on behalf of City of Flint. (Berg, Frederick) (Entered: 05/23/2017)
84 CERTIFICATE of Service/Summons Returned Executed. Edward Kurtz served on 5/18/2017, answer due 6/8/2017. (Pitt, Michael) (Entered: 05/23/2017)
85 ANSWER to Amended Complaint with Affirmative Defenses by Edward Kurtz. (Gildner, Michael) (Entered: 05/31/2017)
86 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
87 STIPULATION EXTENSION OF TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANT LEO A. DALY COMPANYS MOTION TO DISMISS (DKT. No. 73) AND DEFENDANTS LOCKWOOD, ANDREWS & NEWNAM, INC.S AND LOCKWOOD, ANDREWS & NEWNAM, P.C.S MOTION TO DISMISS (DKT. No. 74) by All Plaintiffs (Connors, Jordan) (Entered: 06/08/2017)
88 STIPULATION EXTENSION OF TIME FOR PLAINTIFFS TO RESPOND TO DEFENDANT VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA, INC., AND VEOLIA WATER NORTH AMERICA OPERATING SERVICES, LLCS MOTION TO DISMISS (DKT. NO. 75) by All Plaintiffs (Connors, Jordan) (Entered: 06/08/2017)
89 Emergency MOTION for Extension of Time to File Answer re 21 Amended Complaint by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Bradley Wurfel, Daniel Wyant, Liane shekter−smith. (Attachments: # 1 Exhibit A) (Grashoff, Philip) (Entered: 06/09/2017)
TEXT−ONLY ORDER Granting 89 Emergency MOTION for Extension of Time to File Answer re 21 Amended Complaint filed by Liane shekter−smith, Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Daniel Wyant. Entered by District Judge Judith E. Levy. (FMos) (Entered: 06/09/2017)
90 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
91 STIPULATED ORDER Extending City Defendants Time to Respond to Plaintiffs' Amended Complaint − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/12/2017)
TEXT−ONLY ORDER Granting Relief Sought in 88 Stipulation, filed by JAN BURGESS, EDDIE HAMMOND, ANGELOS CONEY ISLAND PALACE, INC., SHERRY MULHERIN, Village Shores LLC, JOSHUA BOGGESS, DAVID MUNOZ, LAQUISHA JACOBS, Michael Snyder, ZHANNA GARDIN − Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/13/2017)
TEXT−ONLY ORDER Granting Relief Sought in 87 Stipulation, filed by JAN BURGESS, EDDIE HAMMOND, ANGELOS CONEY ISLAND PALACE, INC., SHERRY MULHERIN, Village Shores LLC, JOSHUA BOGGESS, DAVID MUNOZ, LAQUISHA JACOBS, Michael Snyder, ZHANNA GARDIN − Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/13/2017)

06/20/2017 06/27/2017 06/30/2017 06/30/2017
07/03/2017
07/05/2017
07/05/2017 07/26/2017 07/27/2017 07/28/2017

TEXT−ONLY NOTICE: Hearing on September 28, 2017 is Cancelled as to Motions 73 , 74 , 75 (FMos) (Entered: 06/20/2017)
92 NOTICE of Appearance by Teresa Ann Caine Bingman on behalf of All Plaintiffs. (Bingman, Teresa) (Entered: 06/27/2017)
93 MOTION for Leave to File Excess Pages by Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan. (Larsen, Zachary) (Entered: 06/30/2017)
94 MOTION to Dismiss under Fed. R. Civ. P. 12(b)(1) & (b)(6) by Andy Dillon, Governor Rick Snyder, Nick Lyon, State of Michigan. (Larsen, Zachary) (Entered: 06/30/2017)
95 STIPULATION FOR ENTRY OF ORDER EXTENDING TIME FOR PLAINTIFFS TO RESPOND TO STATE DEFENDNATS MOTION TO DISMISS by All Plaintiffs (Stamatopoulos, Gregory) (Entered: 07/03/2017)
TEXT−ONLY ORDER Granting 95 Stipulation for Entry of Order Extending Time for Plaintiffs to Respond to State Defendants' 94 MOTION to Dismiss:( Response due by 8/17/2017) Signed by District Judge Judith E. Levy. (JOwe) (Entered: 07/05/2017)
TEXT−ONLY ORDER Granting 93 MOTION for Leave to File Excess Pages. Signed by District Judge Judith E. Levy. (JOwe) (Entered: 07/05/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/26/2017)
96 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
97 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)

 
 CLOSED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:17−cv−10343−JEL−MKM

Lowery Sr. et al v. Snyder et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Cause: 28:1331 Fed. Question: Personal Injury
Plaintiff

Date Filed: 02/02/2017 Date Terminated: 07/27/2017 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Tommie Lowery Sr.

represented by Esther Berezofsky Motley Rice, LLC 210 Lake Drive East Suite 101 Cherry Hill, NJ 08002 856−667−0500 Fax: 856−667−5133 Email: eberezofsky@motleyrice.com ATTORNEY TO BE NOTICED

Valdemar L. Washington 718 Beach Street P.O. Box 187 Flint, MI 48501−0187 810−407−6868 Fax: 810−265−7315 Email: Val@vlwlegal.com ATTORNEY TO BE NOTICED

Plaintiff Tommie Lowery Jr

represented by Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED

Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Isiah Lowery

represented by Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED

Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Marcus Lowery

represented by Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED

Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Sandra York

represented by Esther Berezofsky (See above for address)

Plaintiff Dorsey Ross Jr.
Plaintiff Eugene Nelson
Plaintiff Bernie Nelson
V. Defendant Governor Rick Snyder

ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by Esther Berezofsky (See above for address) ATTORNEY TO BE NOTICED
Valdemar L. Washington (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED
Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: mwitus@bsdd.com

Defendant Lockwood
Defendant

ATTORNEY TO BE NOTICED
Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED
Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED
Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED
Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: larsenz@michigan.gov ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED

Veolia Environment S.A. TERMINATED: 05/05/2017 Defendant Leo Daily Defendant State of Michigan
Defendant State of MDEQ Michigan
Defendant State of DHHS Michigan
Defendant MD Eden Victoria Wells

represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED

Defendant Stephen Busch
Defendant Liane Shelter−Smith

Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313−259−8300 Fax: 313−259−1451 Email: cciullo@kotzsangster.com ATTORNEY TO BE NOTICED
Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
represented by Michael H. Perry Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933−1716 517−482−5800 Fax: 517−482−0887 Email: mperry@fraserlawfirm.com ATTORNEY TO BE NOTICED
Thaddeus E. Morgan Fraser, Trebilcock, 124 W. Allegan Street

Defendant Adam Rosenthal
Defendant Patrick Cook
Defendant Michael Prysby
Defendant Bradley Wurfel

Suite 1000 Lansing, MI 48933 517−482−5800 Email: tmorgan@fraserlawfirm.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins Foster, Swift, Collins & Smith, P.C. 313 S. Washington Square Lansing, MI 48933 517−371−8124 Fax: 517−371−8200 Email: acollins@fosterswift.com ATTORNEY TO BE NOTICED
Charles E. Barbieri Foster, Swift, 313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202−572−8671 Fax: 202−572−8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED

Defendant Daniel Wyant
Defendant Edward Kurtz Defendant Darnell Earley Defendant Gerald Ambrose
Defendant Lockwood Andrews Newnam PC
Defendant LAN INC. Defendant Rowe LLC Defendant Veolia North America, LLC

represented by Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
represented by Barry A. Wolf Barry A. Wolf, Attorney at Law, PLLC 503 S. Saginaw Street, Suite 1410 Flint, MI 48502 810−762−1084 Fax: 810−244−1650 Email: bwolf718@msn.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED

Defendant Leo A Daily Company Defendant Veolia North America, Inc.
Defendant Veolia Water North America Operating Services, LLC
Defendant Rowe Professional Services Company, f/k/a Rowe Engineering, Inc.
Defendant

James M. Campbell Campbell, Campbell, One Constitution Plaza Third Floor Boston, MA 02129−2025 617−241−3000 Fax: 617−241−3060 Email: jmcampbell@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617−241−3000 Fax: 617−241−5115 Email: jgrunert@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
represented by Craig S. Thompson Sullivan, Ward, 25800 Northwestern Highway Suite 1000 Southfield, MI 48075−1000 248−746−0700 Email: cthompson@swappc.com ATTORNEY TO BE NOTICED

Nick Lyon Defendant Lockwood, Andrews & Newnam, Inc.
Defendant Leo A. Daly Company
Defendant Veolia North America, LLC

represented by Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED

V. Movant Village Shores LLC

represented by Emmy L Levens Cohen Milstein Sellers and Toll PLLC 1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED

Date Filed 02/02/2017
02/03/2017

# Docket Text
1 COMPLAINT Class Action Complaint filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−6073725 − Fee: &#036 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): Eastern District of Michigan, 16−cv−10323, Judge John Corbett O'Meara] (Washington, Valdemar) (Entered: 02/02/2017)
NOTICE of Error directed to: Valdemar L. Washington re 1 Complaint,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (BGar) (Entered: 02/03/2017)

02/03/2017
02/03/2017
02/03/2017
02/03/2017 02/03/2017 02/03/2017 02/03/2017
02/06/2017 02/06/2017 02/14/2017 02/14/2017 02/14/2017 02/14/2017 02/15/2017 03/01/2017 03/01/2017 03/07/2017
03/07/2017 03/07/2017

2 SUMMONS Issued for *Gerald Ambrose, Stephen Busch, Patrick Cook, Darnell Earley, Edward Kurtz, State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Michael Prysby, Adam Rosenthal, Liane Shelter−Smith, Rick Snyder, Veolia Environment S.A., Eden Victoria Wells, Bradley Wurfel, Daniel Wyant* (BGar) (Entered: 02/03/2017)
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 (BGar) (Entered: 02/03/2017)
Addition of Parties to CM/ECF: Plaintiffs Isiah Lowery, Marcus Lowery, Tommie Lowery Jr, Tommie Lowery Sr., Bernie Nelson, Eugene Nelson, Dorsey Ross Jr., Sandra York, Defendants Lockwood Andrews Newnam PC, LAN INC., Rowe LLC, Jerry Ambrose. Reason: Parties were omitted and incorrectly added to CM/ECF when e−filing 1 Complaint,, Plaintiff requests summons issued. (Washington, Valdemar) (Entered: 02/03/2017)
3 SUMMONS Issued for *LAN INC.* (BGar) (Entered: 02/03/2017)
4 SUMMONS Issued for *Rowe LLC* (BGar) (Entered: 02/03/2017)
5 SUMMONS Issued for *Lockwood Andrews Newnam PC* (BGar) (Entered: 02/03/2017)
Addition of Parties to CM/ECF: Plaintiffs Isiah Lowery, Marcus Lowery, Tommie Lowery Jr, Tommie Lowery Sr., Bernie Nelson, Eugene Nelson, Dorsey Ross Jr., Sandra York, Defendants Veolia North America, LLC, Leo A Daily Company. Reason: Parties were omitted and incorrectly added to CM/ECF when e−filing 1 Complaint,, Plaintiff requests summons issued. (Washington, Valdemar) (Entered: 02/03/2017)
6 SUMMONS Issued for *Leo A Daily Company* (Ahmed, N) (Entered: 02/06/2017)
7 SUMMONS Issued for *Veolia North America, LLC* (Ahmed, N) (Entered: 02/06/2017)
8 NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 02/14/2017)
9 NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 02/14/2017)
10 NOTICE of Appearance by Courtney B. Ciullo on behalf of Stephen Busch. (Ciullo, Courtney) (Entered: 02/14/2017)
11 NOTICE of Appearance by Dennis K. Egan on behalf of Stephen Busch. (Egan, Dennis) (Entered: 02/14/2017)
12 STIPULATION AND ORDER Extending Time for MDEQ Defendants to Respond to 1 Complaint. Response due by 5/26/2017. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 02/15/2017)
13 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel. (Pattwell, Michael) (Entered: 03/01/2017)
14 NOTICE of Appearance by Michael J. Pattwell on behalf of Daniel Wyant. (Pattwell, Michael) (Entered: 03/01/2017)
15 STIPULATION re 1 Complaint,, Acceptance of Service and Stipulation to Establish Deadline to Respond to Complaint by State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells (Bettenhausen, Margaret) (Entered: 03/07/2017)
16 ATTORNEY APPEARANCE: Margaret A. Bettenhausen appearing on behalf of State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells (Bettenhausen, Margaret) (Entered: 03/07/2017)
17 ATTORNEY APPEARANCE: Richard S. Kuhl appearing on behalf of State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden

03/07/2017 03/07/2017 03/07/2017 03/07/2017 03/07/2017 03/16/2017 03/16/2017 03/16/2017 03/20/2017 03/20/2017 03/20/2017 03/20/2017 03/20/2017 03/23/2017
03/23/2017 03/24/2017 04/05/2017 04/21/2017

Victoria Wells (Kuhl, Richard) (Entered: 03/07/2017)
18 ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells (Gambill, Nathan) (Entered: 03/07/2017)
19 ATTORNEY APPEARANCE: Zachary C. Larsen appearing on behalf of State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells (Larsen, Zachary) (Entered: 03/07/2017)
20 ATTORNEY APPEARANCE: Todd R. Mendel appearing on behalf of Rick Snyder (Mendel, Todd) (Entered: 03/07/2017)
21 ATTORNEY APPEARANCE: Eugene Driker appearing on behalf of Rick Snyder (Driker, Eugene) (Entered: 03/07/2017)
22 ATTORNEY APPEARANCE: Morley Witus appearing on behalf of Rick Snyder (Witus, Morley) (Entered: 03/07/2017)
23 NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 03/16/2017)
24 NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 03/16/2017)
25 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 03/16/2017)
26 NOTICE of Appearance by James M. Campbell on behalf of Veolia North America, LLC. (Campbell, James) (Entered: 03/20/2017)
27 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America, LLC. (Grunert, John) (Entered: 03/20/2017)
28 NOTICE of Appearance by Cheryl A. Bush on behalf of Veolia North America, LLC. (Bush, Cheryl) (Entered: 03/20/2017)
29 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC (Bush, Cheryl) (Entered: 03/20/2017)
30 NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America, LLC. (Williams, Michael) (Entered: 03/20/2017)
31 AMENDED COMPLAINT with Jury Demand AMENDED CLASS ACTION COMPLAINT filed by Tommie Lowery Jr, Eugene Nelson, Isiah Lowery, Marcus Lowery, Bernie Nelson, Dorsey Ross Jr., Tommie Lowery Sr., Sandra York against Gerald Ambrose, Veolia North America, LLC, Stephen Busch, Patrick Cook, Darnell Earley, Edward Kurtz, State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Lockwood Andrews Newnam PC, Michael Prysby, Adam Rosenthal, Liane Shelter−Smith, Rick Snyder, Veolia Environment S.A., Eden Victoria Wells, Bradley Wurfel, Daniel Wyant, Veolia North America, Inc., Veolia Water North America Operating Services, LLC, Rowe Professional Services Company, f/k/a Rowe Engineering, Inc., Nick Lyon, Lockwood, Andrews & Newnam, Inc., Leo A. Daly Company. NEW PARTIES ADDED. (Berezofsky, Esther) (Entered: 03/23/2017)
REQUEST for SUMMONS for Nick Lyon, Rowe Professional Services Company, f/k/a Rowe Engineering, Inc., Veolia North America, Inc., Veolia Water North America Operating Services, LLC. (Berezofsky, Esther) (Entered: 03/23/2017)
32 SUMMONS Issued for *Nick Lyon, Rowe Professional Services Company, f/k/a Rowe Engineering, Inc., Veolia North America, Inc., Veolia Water North America Operating Services, LLC* (LGra) (Entered: 03/24/2017)
33 STIPULATION re 31 Amended Complaint,,, to Establish Deadline to Respond by Nick Lyon (Larsen, Zachary) (Entered: 04/05/2017)
34 MOTION TO REASSIGN AS A COMPANION CASE by Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services,

04/28/2017 05/01/2017 05/01/2017 05/01/2017 05/01/2017 05/01/2017 05/01/2017 05/01/2017 05/01/2017
05/02/2017 05/02/2017 05/02/2017
05/04/2017 05/04/2017 05/04/2017

LLC. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Williams, Michael) (Entered: 04/21/2017)
35 MOTION for Leave to File Excess Pages by Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 04/28/2017)
36 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 05/01/2017)
37 RESPONSE to 34 MOTION TO REASSIGN AS A COMPANION CASE filed by LAN INC., Lockwood. (Attachments: # 1 Exhibit A − List of Cases Reassigned to Judge O'Meara) (Erickson, Philip) (Entered: 05/01/2017)
38 WAIVER OF SERVICE Returned Executed. Leo A. Daly Company waiver sent on 3/2/2017, answer due 5/1/2017; Lockwood, Andrews & Newnam, Inc. waiver sent on 3/2/2017, answer due 5/1/2017; Lockwood Andrews Newnam PC waiver sent on 3/2/2017, answer due 5/1/2017. (Berezofsky, Esther) (Entered: 05/01/2017)
39 WAIVER OF SERVICE Returned Executed. Veolia North America, LLC waiver sent on 3/2/2017, answer due 5/1/2017. (Berezofsky, Esther) (Entered: 05/01/2017)
40 WAIVER OF SERVICE Returned Executed. Veolia North America, Inc. waiver sent on 4/4/2017, answer due 6/5/2017; Veolia Water North America Operating Services, LLC waiver sent on 4/4/2017, answer due 6/5/2017. (Berezofsky, Esther) (Entered: 05/01/2017)
41 MOTION to Dismiss Or in the Alternative, Motion for More Definite Statement by Veolia North America, Inc., Veolia Water North America Operating Services, LLC, Veolia North America, LLC. (Attachments: # 1 Exhibit 1) (Bush, Cheryl) (Entered: 05/01/2017)
42 MOTION to Dismiss for Failure to State a Cause of Action by Lockwood, Andrews & Newnam, Inc., Lockwood Andrews Newnam PC. (Attachments: # 1 Exhibit A − Unpublished Cases) (Kamenec, Robert) (Entered: 05/01/2017)
43 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), Lack of Subject Matter Jurisdiction, Rule 12(b)(1), and For Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − Affidavit of Ed Benes) (Kamenec, Robert) (Entered: 05/01/2017)
44 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, Inc.. (Bush, Cheryl) (Entered: 05/02/2017)
45 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia Water North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 05/02/2017)
46 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Lockwood, Andrews & Newnam, Inc.. (Kent, David)[NOTICE OF APPEARANCE ON BEHALF OF LOCKWOOD, ANDREWS & NEWNAM, INC., LOCKWOOD, ANDREWS & NEWNAM, P.C., AND LEO A. DALY COMPANY] Modified on 5/3/2017 (DPer). (Entered: 05/02/2017)
47 WAIVER OF SERVICE Returned Executed. Darnell Earley waiver sent on 4/27/2017, answer due 6/26/2017. (Berezofsky, Esther) (Entered: 05/04/2017)
48 WAIVER OF SERVICE Returned Executed. Gerald Ambrose waiver sent on 4/27/2017, answer due 6/26/2017. (Berezofsky, Esther) (Entered: 05/04/2017)
49 RESPONSE to 34 MOTION TO REASSIGN AS A COMPANION CASE in Opposition filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Berezofsky,

05/04/2017 05/05/2017 05/05/2017 05/08/2017 05/08/2017 05/11/2017 05/16/2017 05/17/2017
05/17/2017 05/17/2017
05/18/2017 05/18/2017
05/19/2017 05/19/2017

Esther) (Entered: 05/04/2017)
50 STIPULATION of Dismissal Without Prejudice as to Defendant Veolia Environnement, S.A. by All Plaintiffs (Attachments: # 1 Proposed Form of Order) (Berezofsky, Esther) (Entered: 05/04/2017)
51 ORDER of Dismissal of Veolia Environment S.A. Signed by District Judge Arthur J. Tarnow. (MLan) (Entered: 05/05/2017)
52 RESPONSE to 34 MOTION TO REASSIGN AS A COMPANION CASE filed by State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells. (Larsen, Zachary) (Entered: 05/05/2017)
53 STIPULATION re 41 MOTION to Dismiss Or in the Alternative, Motion for More Definite Statement to Extend Time for Plaintiffs to Respond on or before June 12, 2017 by All Plaintiffs (Berezofsky, Esther) (Entered: 05/08/2017)
54 ATTORNEY APPEARANCE: Barry A. Wolf appearing on behalf of Gerald Ambrose (Wolf, Barry) (Entered: 05/08/2017)
55 REPLY to Response re 34 MOTION TO REASSIGN AS A COMPANION CASE filed by Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 05/11/2017)
56 MOTION for Leave to File Excess Pages in their Motion to Dismiss by Nick Lyon, State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells. (Larsen, Zachary) (Entered: 05/16/2017)
57 STIPULATION re 42 MOTION to Dismiss for Failure to State a Cause of Action, 43 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), Lack of Subject Matter Jurisdiction, Rule 12(b)(1), and For Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) to Extend Time for Plaintiffs to Respond to Defendants' Motions to Dismiss on or before June 12, 2017 by All Plaintiffs (Berezofsky, Esther) (Entered: 05/17/2017)
TEXT−ONLY ORDER Granting 56 MOTION for Leave to File Excess Pages in their Motion to Dismiss filed by State of MDEQ Michigan, Nick Lyon, State of DHHS Michigan, Rick Snyder, State of Michigan, Eden Victoria Wells. Signed by District Judge Arthur J. Tarnow. (TMcg) (Entered: 05/17/2017)
58 MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1) & (b)(6) by Nick Lyon, State of MDEQ Michigan, State of Michigan, State of DHHS Michigan, Rick Snyder, Eden Victoria Wells. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − Executive Order No. 2015−4, # 3 Exhibit 2 − MDHHS Announcement of Eden Wells Appointment, # 4 Exhibit 3 − Order of Dismissal 04−19−2016, # 5 Exhibit 4 − Opinion and Order 02−02−2017, # 6 Exhibit 5 − Opinion and Order 02−07−2017, # 7 Exhibit 6 − Order Granting Motion to Dismiss 02−07−2017, # 8 Exhibit 7 − Notice of Oral Argument 05−08−2017, # 9 Exhibit 8 − Opinion and Order 12−21−2016, # 10 Exhibit 9 − Opinion and Order 11−28−2016) (Larsen, Zachary) (Entered: 05/17/2017)
59 Ex Parte MOTION for Leave to File Excess Pages MDEQ Employee Defendants' Exparte Motion for Leave to File Brief in Excess of Page Limitation by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shelter−Smith. (Grashoff, Philip) (Entered: 05/18/2017)
TEXT−ONLY ORDER Granting 59 Ex Parte MOTION for Leave to File Excess Pages MDEQ Employee Defendants' Exparte Motion for Leave to File Brief in Excess of Page Limitation filed by Stephen Busch, Michael Prysby, Adam Rosenthal, Liane Shelter−Smith, Patrick Cook. Signed by District Judge Arthur J. Tarnow. (TMcg) (Entered: 05/18/2017)
60 ATTORNEY APPEARANCE: Thaddeus E. Morgan appearing on behalf of Liane Shelter−Smith (Morgan, Thaddeus) (Entered: 05/19/2017)
61 NOTICE of Appearance by Michael H. Perry on behalf of Liane Shelter−Smith. (Perry, Michael) (Entered: 05/19/2017)

05/22/2017 05/22/2017 05/24/2017 05/26/2017
05/26/2017 05/26/2017 05/30/2017 05/30/2017 05/30/2017 05/31/2017 05/31/2017 06/01/2017 06/06/2017 06/08/2017 06/09/2017

62 Ex Parte MOTION for Leave to File Excess Pages by Bradley Wurfel. (Pattwell, Michael) (Entered: 05/22/2017)
TEXT−ONLY ORDER Granting 62 Ex Parte MOTION for Leave to File Excess Pages filed by Bradley Wurfel. Signed by District Judge Arthur J. Tarnow. (TMcg) (Entered: 05/22/2017)
63 ORDER REASSIGNING CASE from District Judge Arthur J. Tarnow and Magistrate Judge R. Steven Whalen in Detroit to District Judge Judith E. Levy and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Main Document 63 replaced on 5/24/2017) (SSch). (Entered: 05/24/2017)
64 MOTION to Dismiss Amended Class Complaint and Brief in Support by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shelter−Smith. (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) (Grashoff, Philip) (Entered: 05/26/2017)
65 MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Pattwell, Michael) (Entered: 05/26/2017)
66 MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Pattwell, Michael) (Entered: 05/26/2017)
67 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by LAN INC. identifying Corporate Parent Leo A Daly Company for LAN INC.. (Erickson, Philip) (Entered: 05/30/2017)
68 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood Andrews & Newnam Inc for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)
69 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood identifying Other Affiliate Lockwood Andrews & Newnam Inc for Lockwood. (Erickson, Philip) (Entered: 05/30/2017)
70 STIPULATION re 58 MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1) & (b)(6) Extend Time for Plaintiffs to Respond and for State Defendants' Reply by All Plaintiffs (Berezofsky, Esther) (Entered: 05/31/2017)
71 WAIVER OF SERVICE Returned Executed. Rowe Professional Services Company, f/k/a Rowe Engineering, Inc. waiver sent on 5/9/2017, answer due 7/10/2017. (Berezofsky, Esther) (Entered: 05/31/2017)
TEXT−ONLY ORDER Granting 70 Stipulation to Extend Time for Plaintiffs to Respond to the Motion to Dismiss Filed by State Defendants and for State Defendants' Reply −( Responses due by 6/28/2017 & Replies are due by 7/28/2017 ) − Issued by District Judge Judith E. Levy. (FMos) . (Entered: 06/01/2017)
TEXT−ONLY ORDER Denying 34 MOTION TO REASSIGN AS A COMPANION CASE filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. − Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/06/2017)
72 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
73 RESPONSE to 43 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), Lack of Subject Matter Jurisdiction, Rule 12(b)(1), and For Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) In Opposition filed by All Plaintiffs. (Attachments: # 1 Declaration of Esther Berezofsky, Esq., # 2 Index of Exhibits, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10) (Berezofsky, Esther) (Entered: 06/09/2017)

06/09/2017 06/09/2017 06/12/2017 06/12/2017 06/12/2017 06/13/2017
06/13/2017 06/13/2017 06/13/2017 06/14/2017
06/14/2017 06/15/2017 06/22/2017 06/22/2017 06/23/2017 06/23/2017

74 RESPONSE to 42 MOTION to Dismiss for Failure to State a Cause of Action in Opposition to Defendants Lockwood, Andrews & Newnam, Inc.s and Lockwood, Andrews & Newnam, P.C.'s Motion to Dismiss filed by All Plaintiffs. (Berezofsky, Esther) (Entered: 06/09/2017)
75 NOTICE by Village Shores LLC Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
76 [STRICKEN] Ex Parte MOTION for Leave to File Excess Pages to MDEQ Employee Defendants' Motion to Dismiss by All Plaintiffs. (Berezofsky, Esther) Modified on 6/14/2017 (KJac). (Entered: 06/12/2017)
77 Ex Parte MOTION for Leave to File Excess Pages to Veolia Defendants' Motion to Dismiss by All Plaintiffs. (Berezofsky, Esther) (Entered: 06/12/2017)
78 RESPONSE to 41 MOTION to Dismiss Or in the Alternative, Motion for More Definite Statement in Opposition to The Veolia Defendants' Motion to Dismiss filed by All Plaintiffs. (Berezofsky, Esther) (Entered: 06/12/2017)
TEXT−ONLY ORDER Granting 77 Ex Parte MOTION for Leave to File Excess Pages to Veolia Defendants' Motion to Dismiss filed by Sandra York, Dorsey Ross Jr., Isiah Lowery, Tommie Lowery Jr, Tommie Lowery Sr., Bernie Nelson, Eugene Nelson, Marcus Lowery, [STRICKEN] 76 Ex Parte MOTION for Leave to File Excess Pages to MDEQ Employee Defendants' Motion to Dismiss filed by Sandra York, Dorsey Ross Jr., Isiah Lowery, Tommie Lowery Jr, Tommie Lowery Sr., Bernie Nelson, Eugene Nelson, Marcus Lowery. Issued by District Judge Judith E. Levy. (FMos) Modified on 6/15/2017 (FMos). (Entered: 06/13/2017)
79 STIPULATED ORDER Extending Response Deadline to Plaintiffs' First Amended Complaint − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/13/2017)
80 STIPULATION re 65 MOTION to Dismiss , 66 MOTION to Dismiss , 64 MOTION to Dismiss Amended Class Complaint and Brief in Support to Extend Briefing Schedule for MDEQ Employee Defendants' Joint Motion to Dismiss by All Plaintiffs (Berezofsky, Esther) (Entered: 06/13/2017)
81 MOTION to Strike 76 Ex Parte MOTION for Leave to File Excess Pages to MDEQ Employee Defendants' Motion to Dismiss by All Plaintiffs. (Berezofsky, Esther) (Entered: 06/13/2017)
TEXT−ONLY ORDER GRANTING 81 MOTION to Strike 76 Ex Parte MOTION for Leave to File Excess Pages to MDEQ Employee Defendants' Motion to Dismiss filed by Sandra York, Dorsey Ross Jr., Isiah Lowery, Tommie Lowery Jr, Tommie Lowery Sr., Bernie Nelson, Eugene Nelson, Marcus Lowery. Issued by District Judge Judith E. Levy. (KJac) (Entered: 06/14/2017)
82 WAIVER OF SERVICE Returned Executed. Edward Kurtz waiver sent on 5/15/2017, answer due 7/14/2017. (Berezofsky, Esther) (Entered: 06/14/2017)
TEXT−ONLY ORDER Granting Relief Sought in 80 Stipulation, filed by Sandra York, Dorsey Ross Jr., Isiah Lowery, Tommie Lowery Jr, Tommie Lowery Sr., Bernie Nelson, Eugene Nelson, Marcus Lowery. Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/15/2017)
83 NOTICE of Appearance by Craig S. Thompson on behalf of Rowe Professional Services Company, f/k/a Rowe Engineering, Inc.. (Thompson, Craig) (Entered: 06/22/2017)
84 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Rowe Professional Services Company, f/k/a Rowe Engineering, Inc. (Thompson, Craig) (Entered: 06/22/2017)
85 REPLY to Response re 42 MOTION to Dismiss for Failure to State a Cause of Action filed by Lockwood, Andrews & Newnam, Inc and Lockwood, Andrews & Newnam, PC. (Attachments: # 1 Exhibit A − Guertin Motion for Reconsideration) (Erickson, Philip) Modified on 6/23/2017 (ATee). (Entered: 06/23/2017)
86 REPLY to Response re 43 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), Lack of Subject Matter

06/26/2017 06/28/2017
06/28/2017 06/28/2017 06/28/2017 06/29/2017
07/05/2017
07/05/2017 07/10/2017 07/26/2017 07/27/2017 07/27/2017

Jurisdiction, Rule 12(b)(1), and For Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) filed by Leo A. Daly Company. (Attachments: # 1 Exhibit A − Bristol−Meyers Squib Co v Superior Court of California) (Erickson, Philip) (Entered: 06/23/2017)
87 REPLY to Response re 41 MOTION to Dismiss Or in the Alternative, Motion for More Definite Statement filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit 1) (Bush, Cheryl) (Entered: 06/26/2017)
88 STIPULATION re 86 Reply to Response to Motion, 43 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), Lack of Subject Matter Jurisdiction, Rule 12(b)(1), and For Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6), 73 Response to Motion,, Permitting Plaintiffs to File a Sur−Reply by All Plaintiffs (Berezofsky, Esther) (Entered: 06/28/2017)
TEXT−ONLY ORDER Granting Sur−Reply re 88 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/28/2017)
89 MOTION for Leave to File Excess Pages in Opposition to State Defendants' Motion to Dismiss by All Plaintiffs. (Berezofsky, Esther) (Entered: 06/28/2017)
90 RESPONSE to 58 MOTION to Dismiss UNDER FED. R. CIV. P. 12(b)(1) & (b)(6) Plaintiffs' Opposition to State Defendants' Motion to Dismiss filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A) (Berezofsky, Esther) (Entered: 06/28/2017)
91 SUR−REPLY re 43 MOTION to Dismiss Plaintiffs' Amended Class Action Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), Lack of Subject Matter Jurisdiction, Rule 12(b)(1), and For Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) Addressing New Authority Related to Defendant Leo A. Daly Company's Motion to Dismiss filed by All Plaintiffs. (Berezofsky, Esther) (Entered: 06/29/2017)
TEXT−ONLY ORDER Granting 57 Stipulation to Extend Time for Plaintiffs to Respond to Defendants' 42 , 43 Motions to Dismiss on or before June 12, 2017 and 53 Stipulation to Extend Time for Plaintiffs to Respond to Defendants' 41 MOTION to Dismiss on or before June 12, 2017. Signed by District Judge Judith E. Levy. (JOwe) (Entered: 07/05/2017)
TEXT−ONLY ORDER Granting 89 MOTION for Leave to File Excess Pages in Opposition to State Defendants' Motion to Dismiss. Signed by District Judge Judith E. Levy. (JOwe) (Entered: 07/05/2017)
92 ANSWER to Amended Complaint with Affirmative Defenses by Rowe Professional Services Company, f/k/a Rowe Engineering, Inc.. (Thompson, Craig) (Entered: 07/10/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/27/2017)
93 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
94 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)

 
 CLOSED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:17−cv−10360−JEL−MKM

Rogers et al v. Lockwood, Andrews & Newnam, P.C. et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Cause: 28:1332 Diversity−Personal Injury
Plaintiff

Date Filed: 02/03/2017 Date Terminated: 07/27/2017 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity

Tonya Rogers

represented by Hunter Shkolnik Napoli Shkolnik Law PLLC 1301 Avenue of the Americas 10th Floor New York, NY 10019 212−397−1000 Fax: 646−843−7603 Email: hunter@napolilaw.com ATTORNEY TO BE NOTICED

Plaintiff A. H.

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Z. R.

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Carl Johnson

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff William Thomas

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Lockwood, Andrews & Newnam, P.C.

represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250

Defendant Lockwood, Andrews & Newnam, Inc.
Defendant Leo A. Daly Company
Defendant Veolia North America, LLC
Defendant Veolia North America, Inc.
Defendant Veolia Water North America Operating Services, LLC

East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED

Defendant Veolia Environnement S.A.

V. Movant Village Shores LLC

represented by Emmy L Levens Cohen Milstein Sellers and Toll PLLC 1100 New York Avenue, N W Suite 500, West Tower Washington, DC 20005 202−408−4600 Fax: 202−408−4699 Email: elevens@cohenmilstein.com ATTORNEY TO BE NOTICED

Date Filed 02/03/2017
02/06/2017 04/05/2017 04/05/2017
04/20/2017 04/21/2017 04/21/2017 04/26/2017
05/02/2017 05/02/2017

# Docket Text
1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−6075270 − Fee: &#036 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Shkolnik, Hunter) (Entered: 02/03/2017)
2 SUMMONS Issued for * All Defendants * (SOso) (Entered: 02/06/2017)
3 WAIVER OF SERVICE Returned Executed. Leo A. Daly Company waiver sent on 3/29/2017, answer due 5/30/2017; Lockwood, Andrews & Newnam, Inc. waiver sent on 3/29/2017, answer due 5/30/2017; Lockwood, Andrews & Newnam, P.C. waiver sent on 3/29/2017, answer due 5/30/2017. (Shkolnik, Hunter) (Entered: 04/05/2017)
4 WAIVER OF SERVICE Returned Executed. Veolia North America, Inc. waiver sent on 3/29/2017, answer due 5/30/2017; Veolia North America, LLC waiver sent on 3/29/2017, answer due 5/30/2017; Veolia Water North America Operating Services, LLC waiver sent on 3/29/2017, answer due 5/30/2017. (Shkolnik, Hunter) (Entered: 04/05/2017)
5 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 04/20/2017)
6 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Kent, David) (Entered: 04/21/2017)
7 MOTION TO REASSIGN AS A COMPANION CASE by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Williams, Michael) (Entered: 04/21/2017)
8 RESPONSE to 7 MOTION TO REASSIGN AS A COMPANION CASE filed by Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C.. (Attachments: # 1 Exhibit A − Table of Files and Docket Numbers, # 2 Exhibit B − 6th Circuit Opinion Davenport et al v Lockwood Andrews & Newnam, Inc., et al) (Erickson, Philip) (Entered: 04/26/2017)
9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia Water North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 05/02/2017)
10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered:

05/02/2017 05/05/2017 05/11/2017 05/26/2017 05/30/2017
05/30/2017 05/30/2017 05/30/2017 06/02/2017 06/02/2017
06/05/2017 06/05/2017 06/06/2017 06/08/2017

05/02/2017)
11 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, Inc.. (Bush, Cheryl) (Entered: 05/02/2017)
12 RESPONSE to 7 MOTION TO REASSIGN AS A COMPANION CASE filed by All Plaintiffs. (Shkolnik, Hunter) (Entered: 05/05/2017)
13 REPLY to Response re 7 MOTION TO REASSIGN AS A COMPANION CASE filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 05/11/2017)
14 STIPULATION for Extention of Time to File Responsive Pleadings by Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 05/26/2017)
15 MOTION to Dismiss Veolia North Americ, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Bush, Cheryl) (Entered: 05/30/2017)
16 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood Andrews & Newnam Inc for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)
17 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, Inc. identifying Corporate Parent Leo A Daly Company for Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 05/30/2017)
18 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, P.C. identifying Other Affiliate Lockwood Andrews & Newnam Inc for Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 05/30/2017)
19 STIPULATION AND ORDER for Extension of Time to File Responsive Pleadings as to Defendants Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. and Leo A. Daly Co. ( Response due by 6/27/2017) Signed by District Judge Denise Page Hood. (LSau) (Entered: 06/02/2017)
20 NOTICE OF HEARING on 15 MOTION to Dismiss Veolia North Americ, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement. Motion Hearing set for 7/26/2017 02:30 PM before District Judge Denise Page Hood (LSau) (Entered: 06/02/2017)
TEXT−ONLY NOTICE: Motion Hearing on 7/26/2017 is Cancelled re 20 Notice of Hearing on Motion, (TMcg) (Entered: 06/05/2017)
21 ORDER REASSIGNING CASE from District Judge Denise Page Hood, Magistrate Judge R. Steven Whalen to District Judge Judith E. Levy and Magistrate Judge Mona K. Majzoub. (ATee) (Entered: 06/05/2017)
TEXT−ONLY ORDER Denying 7 MOTION TO REASSIGN AS A COMPANION CASE filed by Veolia Water North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. − Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/06/2017)
22 ORDER Regarding Status Conference in All Flint Water Cases: ( In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)

06/09/2017 06/20/2017
06/20/2017
06/27/2017 06/28/2017 07/07/2017
07/10/2017 07/13/2017 07/26/2017 07/27/2017 07/27/2017

23 NOTICE by Village Shores LLC Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
24 STIPULATION re 15 MOTION to Dismiss Veolia North Americ, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement by All Plaintiffs (Shkolnik, Hunter) (Entered: 06/20/2017)
25 ORDER Extending the Deadline for Response Briefs to Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the Alternative, Motion for More Definite Statement re 15 MOTION to Dismiss − ( Response due by 7/7/2017 and Reply due by 7/21/2017) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/20/2017)
26 STIPULATION to Extend Deadline to File Responsive Pleadings by Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newnam, P.C. (Erickson, Philip) (Entered: 06/27/2017)
TEXT−ONLY ORDER Approving 26 Stipulation. (Refer to 26 Stipulation for dates) Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/28/2017)
27 STIPULATION re 15 MOTION to Dismiss Veolia North Americ, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement by All Plaintiffs (Shkolnik, Hunter) (Entered: 07/07/2017)
28 ORDER Granting 27 Stipulation for Extension of Deadline to file Response Briefs. Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/10/2017)
TEXT−ONLY NOTICE: Motion Hearing on July 26, 2017 is Cancelled re 20 Notice of Hearing on Motion, (LSau) (Entered: 07/13/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/27/2017)
29 ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer) (Entered: 07/28/2017)
30 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *07/27/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 07/28/2017)

 
 CLOSED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:17−cv−10996−JEL−MKM

Mays et al v. Synder et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub Case in other court: Genesee County Circuit, 16−106112−CZ Cause: 28:1332 Diversity−Personal Injury
Plaintiff

Date Filed: 03/29/2017 Date Terminated: 08/15/2017 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity

Melissa Mays

represented by Michael L. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: mpitt@pittlawpc.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Beth M. Rivers Pitt McGehee Palmer & Rivers 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: brivers@pittlawpc.com ATTORNEY TO BE NOTICED

Cary S. McGehee Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: cmcgehee@pittlawpc.com ATTORNEY TO BE NOTICED

Deborah A. LaBelle 221 N. Main Street Suite 300 Ann Arbor, MI 48104 734−996−5620 Email: deblabelle@aol.com ATTORNEY TO BE NOTICED

Gregory Stamatopoulos Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard Suite 2150 Detroit, MI 48202 313−800−4168 Fax: 646−293−7955 Email: gstamatopoulos@weitzlux.com ATTORNEY TO BE NOTICED

Paul F. Novak Weitz & Luxenberg, P.C. The Fisher Building

Plaintiff Michael A. Mays
Plaintiff Keith John Pemberton
Plaintiff Jacqueline Pemberton

3011 West Grand Boulevard, Suite 2150 Detroit, MI 48202 313−800−4170 Fax: 646−293−7992 Email: pnovak@weitzlux.com ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address)

Plaintiff Elnora Carthan
Plaintiff Brandyn Carpenter

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle

Plaintiff Jess Carpenter
Plaintiff Kimberly Carpenter

(See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Adam Murphy
Plaintiff Christina Murphy
Plaintiff Michael Snyder

represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Michael L. Pitt (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee

Plaintiff a minor child KEK
Plaintiff a minor child CM1
Plaintiff a minor child CM2
Plaintiff a minor child CM3
Plaintiff a minor child CC
Plaintiff a minor child JC
Plaintiff a minor child KDCM
Plaintiff a minor child SMM
Plaintiff a minor child CM

(See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED

Plaintiff a minor child LAM Plaintiff a minor child DMM V. Defendant Rick Synder Defendant Daniel Wyant
Defendant Patrick Cook

represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202−572−8671 Fax: 202−572−8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED
Jay M. Berger Clark Hill (Detroit) 500 Woodward Avenue Suite 3500 Detroit, MI 48226−3435 313−965−8300 Email: jberger@clarkhill.com ATTORNEY TO BE NOTICED
Jordan S. Bolton Clark Hill PLC 151 S. Old Woodward Ave. Suite 200 Birmingham, MI 48009 (248) 988−1839 Fax: (248) 988−2320 Email: jbolton@clarkhill.com ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins Foster, Swift, Collins & Smith, P.C. 313 S. Washington Square Lansing, MI 48933 517−371−8124 Fax: 517−371−8200

Defendant Michael Prysby
Defendant Andy Dillon Defendant Liane Shekter Smith Defendant Adam Rosenthal
Defendant Stephen Busch

Email: acollins@fosterswift.com ATTORNEY TO BE NOTICED
Charles E. Barbieri Foster, Swift, 313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
represented by Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313−259−8300 Fax: 313−259−1451 Email: cciullo@kotzsangster.com ATTORNEY TO BE NOTICED
Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461

Defendant Nancy Peeler Defendant Robert Scott Defendant Jeff Wright
Defendant Edward Kurtz Defendant Darnell Earley Defendant Gerald Ambrose
Defendant Dayne Walling

Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
represented by Gregory M. Meihn Foley & Mansfield, PLLP 130 East Nine Mile Road Ferndale, MI 48220 248−721−4200 Fax: 248−721−4201 Email: gmeihn@foleymansfield.com ATTORNEY TO BE NOTICED
Matthew Wise Foley & Mansfield, PLLP 130 E. 9 Mile Rd. Ferndale, MI 48220 248−721−4200 Fax: 248−721−4201 Email: mwise@foleymansfield.com ATTORNEY TO BE NOTICED
represented by Barry A. Wolf Barry A. Wolf, Attorney at Law, PLLC 503 S. Saginaw Street, Suite 1410 Flint, MI 48502 810−762−1084 Fax: 810−244−1650 Email: bwolf718@msn.com ATTORNEY TO BE NOTICED
represented by William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114

Defendant Howard Croft Defendant Michael Glasgow Defendant Daugherty johnson Defendant Flint, City of
Defendant Lockwood, Andrews & Newnam, P.C.

Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED
represented by Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313−225−7000 Fax: 313−225−7080 Email: bergf@butzel.com ATTORNEY TO BE NOTICED
Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248−258−1414 Fax: 248−258−1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000

Defendant Lockwood, Andrews and Newnam, Inc.
Defendant Leo A. Daly Company
Defendant Rowe Professional Services Company, f/k/a Rowe Engineering, Inc. Defendant Veolia North America, LLC
Defendant Veolia North America, Inc.

Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com ATTORNEY TO BE NOTICED
represented by Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED

Defendant Veolia Water North America Operating Services, LLC
Defendant Veolia Environnement, S.A. Defendant Bradley Wurfel

represented by Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED
Jay M. Berger (See above for address) ATTORNEY TO BE NOTICED
Jordan S. Bolton (See above for address) ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED

Date Filed 03/29/2017
03/30/2017 03/30/2017 03/30/2017 03/30/2017 03/30/2017 03/30/2017 03/30/2017 03/30/2017

# Docket Text
1 NOTICE OF REMOVAL by Veolia North America, LLC, Veolia North America, Inc., Veolia Water North America Operating Services, LLC from Genesee County Circuit Court, case number 16−106112−CZ. Receipt No: 0645−6160708 − Fee: &#036 400 [Previously dismissed case: USDC Eastern District of Michigan, 5:16−cv−11519−JCO, Judge O'Meara] [Possible companion case(s): USDC Eastern District of Michigan, 5:16−cv−11173−MAG, Judge O'Meara] (Bush, Cheryl) (Entered: 03/29/2017)
2 ATTORNEY APPEARANCE: Jordan S. Bolton appearing on behalf of Daniel Wyant (Bolton, Jordan) (Entered: 03/30/2017)
3 ATTORNEY APPEARANCE: Jordan S. Bolton appearing on behalf of Bradley Wurfel (Bolton, Jordan) (Entered: 03/30/2017)
4 NOTICE of Appearance by Michael J. Pattwell on behalf of Daniel Wyant. (Pattwell, Michael) (Entered: 03/30/2017)
5 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel. (Pattwell, Michael) (Entered: 03/30/2017)
6 NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel. (Berger, Jay) (Entered: 03/30/2017)
7 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 03/30/2017)
8 NOTICE of Appearance by Jay M. Berger on behalf of Daniel Wyant. (Berger, Jay) (Entered: 03/30/2017)
9 (WRONG CAPTION) NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)

03/30/2017
03/30/2017 03/30/2017
03/30/2017
03/30/2017
03/30/2017
03/30/2017
03/30/2017 03/30/2017 03/30/2017
03/31/2017 03/31/2017 03/31/2017 03/31/2017 04/05/2017 04/05/2017 04/05/2017
04/06/2017 04/06/2017 04/06/2017 04/06/2017

10 (WRONG CAPTION) NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
11 (WRONG CAPTION) NOTICE of Appearance by Dennis K. Egan on behalf of Stephen Busch. (Egan, Dennis) Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
12 (WRONG CAPTION) NOTICE of Appearance by Courtney B. Ciullo on behalf of Stephen Busch. (Ciullo, Courtney) Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
13 (AMENDED) NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) Modified on 3/30/2017 (LGra). Modified on 3/30/2017 (LGra). Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
14 (AMENDED) NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) Modified on 3/30/2017 (LGra). Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
15 (AMENDED) NOTICE of Appearance by Dennis K. Egan on behalf of Stephen Busch. (Egan, Dennis) Modified on 3/30/2017 (LGra). Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
16 (AMENDED) NOTICE of Appearance by Courtney B. Ciullo on behalf of Stephen Busch. (Ciullo, Courtney) Modified on 3/30/2017 (LGra). Modified on 3/30/2017 (LGra). (Entered: 03/30/2017)
17 NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 03/30/2017)
18 NOTICE of Appearance by Charles E. Barbieri on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 03/30/2017)
19 NOTICE of Appearance by Michael R. Williams on behalf of Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 03/30/2017)
20 NOTICE of Appearance by Gregory M. Meihn on behalf of Jeff Wright. (Meihn, Gregory) (Entered: 03/31/2017)
21 ATTORNEY APPEARANCE: Deborah A. LaBelle appearing on behalf of All Plaintiffs (LaBelle, Deborah) (Entered: 03/31/2017)
22 NOTICE of Appearance by Gregory Stamatopoulos on behalf of All Plaintiffs. (Stamatopoulos, Gregory) (Entered: 03/31/2017)
23 NOTICE of Appearance by Paul F. Novak on behalf of All Plaintiffs. (Novak, Paul) (Entered: 03/31/2017)
24 WAIVER OF SERVICE Returned Executed. Veolia North America, LLC waiver sent on 4/5/2017, answer due 6/5/2017. (Pitt, Michael) (Entered: 04/05/2017)
25 WAIVER OF SERVICE Returned Executed. Veolia North America, Inc. waiver sent on 4/5/2017, answer due 6/5/2017. (Pitt, Michael) (Entered: 04/05/2017)
26 WAIVER OF SERVICE Returned Executed. Veolia Water North America Operating Services, LLC waiver sent on 4/5/2017, answer due 6/5/2017. (Pitt, Michael) (Entered: 04/05/2017)
27 NOTICE of Appearance by Michael L. Pitt on behalf of All Plaintiffs. (Pitt, Michael) (Entered: 04/06/2017)
28 NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 04/06/2017)
29 NOTICE of Appearance by Cary S. McGehee on behalf of All Plaintiffs. (McGehee, Cary) (Entered: 04/06/2017)
30 [STRICKEN] STIPULATION To Extend Deadline for MDEQ Defendants to Answer Amended Complaint by Stephen Busch, Patrick Cook, Michael Prysby, Adam

04/06/2017 04/10/2017 04/10/2017
04/10/2017
04/12/2017 04/14/2017 04/14/2017 04/19/2017 04/19/2017
04/19/2017 04/20/2017 04/20/2017 04/21/2017 04/21/2017 04/25/2017 04/27/2017

Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) Modified on 4/6/2017 (DWor). (Entered: 04/06/2017)
31 ORDER Striking 30 Stipulation filed by Bradley Wurfel, Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Daniel Wyant, Liane Shekter Smith. Signed by District Judge Stephen J. Murphy, III. (DWor) (Entered: 04/06/2017)
32 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews and Newnam, Inc.. (Erickson, Philip) (Entered: 04/10/2017)
NOTICE of Error directed to: Cheryl A. Bush re 1 Notice of Removal,,. Parties listed on the initiating document were omitted. The filing attorney must use the docket event Addition of Parties to correct the error. [No Image Associated with this docket entry] (LGra) (Entered: 04/10/2017)
Addition of Parties to CM/ECF: Plaintiffs a minor child KEK, a minor child CM1, a minor child CM2, a minor child CM3, a minor child CC, a minor child JC, a minor child KDCM, a minor child SMM, a minor child CM, a minor child LAM, a minor child DMM. Reason: The party was not added to CM/ECF when e−filing 1 Notice of Removal,, (Bush, Cheryl) (Entered: 04/10/2017)
33 MOTION to Remand and Brief in Support by All Plaintiffs. (Novak, Paul) (Entered: 04/12/2017)
34 ORDER REASSIGNING CASE from District Judge Stephen J. Murphy, III and Magistrate Judge Anthony P. Patti in Detroit to District Judge John Corbett O'Meara and Magistrate Judge Mona K. Majzoub in Ann Arbor. (SSch) (Entered: 04/14/2017)
35 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews and Newnam, Inc.. (Kent, David) (Entered: 04/14/2017)
36 STIPULATED ORDER Extending Time for Defendant Jeff Wright to Respond to Amended Complaint; Responsive Pleading due by 5/30/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/19/2017)
37 STIPULATION AND ORDER Extending Time for Defendants Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., and Leo A. Daly Co. to file Responsive Pleading; Responsive Pleading due by 4/21/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/19/2017)
38 STIPULATION AND ORDER Extending Deadline for MDEQ Defendants to Answer Amended Complaint; Responsive Pleading due by 6/6/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/19/2017)
39 RESPONSE to 33 MOTION to Remand and Brief in Support filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 04/20/2017)
40 NOTICE of Appearance by William Young Kim on behalf of City of Flint, Dayne Walling. (Kim, William) (Entered: 04/20/2017)
41 STIPULATED ORDER Extending Time for City Defendants to respond to Second Amended Complaint, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/21/2017)
42 STIPULATION AND ORDER Extending Time for Lockwood Defendants to File Responsive Pleading; Responsive Pleading due by 4/28/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/21/2017)
43 RESPONSE to 33 MOTION to Remand and Brief in Support filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Barbieri, Charles) (Entered: 04/25/2017)
44 STIPULATION AND ORDER Extending Time to File Reply in Support of 33 MOTION to Remand; Reply due by 5/5/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 04/27/2017)

04/28/2017 04/28/2017
04/28/2017 05/02/2017 05/02/2017 05/02/2017 05/05/2017 05/05/2017 05/12/2017 05/15/2017 05/17/2017 05/17/2017 05/22/2017 05/30/2017 05/30/2017 05/30/2017

45 ATTORNEY APPEARANCE: Barry A. Wolf appearing on behalf of Gerald Ambrose (Wolf, Barry) (Entered: 04/28/2017)
46 MOTION to Dismiss Plaintiffs' Second Amended Complaint for Lack of Personal Jurisdiction, Rule 12(b)(2), and for Failure to State a Claim Upon Which Relief Can Be Granted, Rule 12(b)(6) by Leo A. Daly Company. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Unpublished Cases, # 3 Exhibit B − Affidavit of Ed Benes) (Kamenec, Robert) (Entered: 04/28/2017)
47 MOTION to Dismiss Second Amended Complaint for Lack of Subject Matter Jurisdiction and Failure to State a Cause of Action by Lockwood, Andrews & Newnam, P.C., Lockwood, Andrews and Newnam, Inc.. (Attachments: # 1 Exhibit A − Unpublished Cases) (Kamenec, Robert) (Entered: 04/28/2017)
48 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, Inc.. (Bush, Cheryl) (Entered: 05/02/2017)
49 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered: 05/02/2017)
50 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia Water North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia Water North America Operating Services, LLC. (Bush, Cheryl) (Entered: 05/02/2017)
51 REPLY to Response re 33 MOTION to Remand and Brief in Support filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D) (Novak, Paul) (Entered: 05/05/2017)
52 MOTION to Dismiss Pursuant to Fed.R.Civ.P.12(b)(6) and Brief in Support by Jeff Wright. (Meihn, Gregory) (Entered: 05/05/2017)
53 ORDER of DISQUALIFICATION and REASSIGNING CASE from District Judge John Corbett O'Meara in Ann Arbor to District Judge Paul D. Borman in Detroit. (SSch) (Entered: 05/12/2017)
54 ORDERS of RECUSAL. Case Reassigned to District Judge Judith E. Levy. (SSch) (Entered: 05/16/2017)
55 STIPULATION AND ORDER Permitting Defendants to File a Sur Reply and Plaintiffs to File a Response to Defendants' Sur Reply − Signed by District Judge Judith E. Levy. (FMos) (Entered: 05/17/2017)
56 SUR−REPLY re 33 MOTION to Remand and Brief in Support filed by Veolia North America, Inc., Veolia North America, LLC, Veolia Water North America Operating Services, LLC. (Williams, Michael) (Entered: 05/17/2017)
57 PLAINTIFF'S RESPONSE to Defendants' 56 Sur−Reply in Opposition to Plaintiffs' Motion to Remand filed by Melissa Mays, et al. (FMos) (Entered: 05/22/2017)
58 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood Andrews & Newnam Inc for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)
59 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews and Newnam, Inc. identifying Corporate Parent Leo A Daly Company for Lockwood, Andrews and Newnam, Inc.. (Erickson, Philip) (Entered: 05/30/2017)
60 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, P.C. identifying Other Affiliate Lockwood, Andrews & Newman, Inc. for Lockwood, Andrews & Newnam, P.C.. (Erickson, Philip) (Entered: 05/30/2017)

05/31/2017 06/02/2017 06/02/2017 06/08/2017
06/09/2017 07/14/2017 07/14/2017 07/14/2017 07/26/2017 07/27/2017
08/14/2017 08/15/2017

61 STIPULATION AND ORDER Extending Deadline for MDEQ Defendants to Answer Amended Complaint − Signed by District Judge Judith E. Levy. (FMos) (Entered: 05/31/2017)
62 STIPULATION AND ORDER to Hold Motions to Dismiss 46 , 47 , 52 in Abeyance − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/02/2017)
63 STIPULATION AND ORDER to Hold Briefing in Abeyance − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/02/2017)
64 ORDER Regarding Status Conference in All Flint Water Cases: (In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/08/2017)
65 NOTICE by All Plaintiffs Notice of Motion to Consolidate (Attachments: # 1 Exhibit 1) (Levens, Emmy) (Entered: 06/09/2017)
66 NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 07/14/2017)
67 NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 07/14/2017)
68 ATTORNEY APPEARANCE: Matthew Wise appearing on behalf of Jeff Wright ONLY (Wise, Matthew) (Entered: 07/14/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/27/2017)
69 ORDER Granting In Part the Waid Motion for Consolidation of the Class Actions, Appointment of Interim Co−Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions [Case No. 16−cv−10444, Dkt. 136], Denying the Guertin Motion to Consolidate Cases [Case No. 16−cv−12412, Dkt. 165], Holding in Abeyance Briefing in All Non−Class Action Flint Water Cases, and Setting Dates. (Refer to Order for Dates) Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/27/2017)
70 ORDER denying 33 Motion to remand and consolidating cases 16−10444 and 17−10996. Signed by District Judge Judith E. Levy. (DPer) (Entered: 08/15/2017)
71 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *08/14/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 08/15/2017)

 
 CLOSED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:17−cv−10941−JEL−EAS

Travis et al v. Lockwood, Andrews & Newman, P.C. et al**CASE CLOSED − ALL ENTRIES MUST BE MADE IN CASE 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Elizabeth A. Stafford Cause: 28:1332 Diversity−Personal Injury
Plaintiff

Date Filed: 03/26/2017 Date Terminated: 10/25/2017 Jury Demand: Plaintiff Nature of Suit: 360 P.I.: Other Jurisdiction: Diversity

Chantal Travis

represented by Hunter Shkolnik Napoli Shkolnik Law PLLC 1301 Avenue of the Americas 10th Floor New York, NY 10019 212−397−1000 Fax: 646−843−7603 Email: hunter@napolilaw.com ATTORNEY TO BE NOTICED

Plaintiff J. T.

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Y. T.

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff D. T.

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Renee Anderson

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Shalandra Green

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Z. T.

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Aloysius Garrow

represented by Hunter Shkolnik (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Lockwood, Andrews & Newman, P.C.
Defendant Lockwood, Andrews & Newnam, Inc.
Defendant Leo A. Daly Company Defendant Veolia North America, Inc.

represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
Philip A. Erickson Plunkett & Cooney 325 E. Grand River Avenue Suite 250 East Lansing, MI 48823 517−324−5608 Email: perickson@plunkettcooney.com ATTORNEY TO BE NOTICED
Robert G. Kamenec Plunkett & Cooney 38505 Woodward Avenue Suite 2000 Bloomfield Hills, MI 48304−5097 248−901−4000 Email: rkamenec@plunkettcooney.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
Robert G. Kamenec (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
Philip A. Erickson (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush Bush, Seyferth PLLC 100 W. Big Beaver Road Suite 400 Troy, MI 48084 248−822−7800 Fax: 248−822−7001 Email: bush@bsplaw.com

Defendant Veolia North America Operating Services, LLC
Defendant Veolia North America, LLC

ATTORNEY TO BE NOTICED
James M. Campbell Campbell, Campbell, One Constitution Plaza Third Floor Boston, MA 02129−2025 617−241−3000 Fax: 617−241−3060 Email: jmcampbell@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
John A.K. Grunert Campbell, Conroy & O'Neil, P.C. One Constitution Wharf Suite 310 Boston, MA 02129 617−241−3000 Fax: 617−241−5115 Email: jgrunert@campbell−trial−lawyers.com ATTORNEY TO BE NOTICED
Michael R. Williams Bush Seyferth PLLC 151 S. Rose St. Suite 707 Kalamazoo, MI 49007 248−822−7804 Fax: 248−822−7804 Email: williams@bsplaw.com ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address) ATTORNEY TO BE NOTICED
represented by Cheryl A. Bush (See above for address) ATTORNEY TO BE NOTICED
James M. Campbell (See above for address) ATTORNEY TO BE NOTICED
John A.K. Grunert (See above for address) ATTORNEY TO BE NOTICED
Michael R. Williams (See above for address)

Defendant Veolia Environnement, S.A.

ATTORNEY TO BE NOTICED

Date Filed 03/26/2017
03/27/2017 03/27/2017 04/05/2017 04/05/2017
04/20/2017 04/21/2017 04/21/2017 04/27/2017
05/02/2017 05/02/2017 05/02/2017

# Docket Text
1 COMPLAINT filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−6153861 − Fee: &#036 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): Eastern District of Michigan, 2:17−cv−10342, Judge Hon. Judith E. Levy] (Shkolnik, Hunter) (Entered: 03/26/2017)
2 SUMMONS Issued for *Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc., Veolia Environnement, S.A., Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC* (DAll) (Entered: 03/27/2017)
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 (DAll) (Entered: 03/27/2017)
3 WAIVER OF SERVICE Returned Executed. Leo A. Daly Company waiver sent on 3/29/2017, answer due 5/30/2017; Lockwood, Andrews & Newman, P.C. waiver sent on 3/29/2017, answer due 5/30/2017; Lockwood, Andrews & Newnam, Inc. waiver sent on 3/29/2017, answer due 5/30/2017. (Shkolnik, Hunter) (Entered: 04/05/2017)
4 WAIVER OF SERVICE Returned Executed. Veolia North America Operating Services, LLC waiver sent on 3/29/2017, answer due 5/30/2017; Veolia North America, Inc. waiver sent on 3/29/2017, answer due 5/30/2017; Veolia North America, LLC waiver sent on 3/29/2017, answer due 5/30/2017. (Shkolnik, Hunter) (Entered: 04/05/2017)
5 NOTICE of Appearance by Philip A. Erickson on behalf of Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 04/20/2017)
6 NOTICE of Appearance by David C. Kent on behalf of Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc.. (Kent, David) (Entered: 04/21/2017)
7 MOTION TO REASSIGN AS A COMPANION CASE by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Exhibit 1 − Unpublished Cases) (Williams, Michael) (Entered: 04/21/2017)
8 RESPONSE to 7 MOTION TO REASSIGN AS A COMPANION CASE filed by Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc.. (Attachments: # 1 Exhibit A − List of Cases Reassigned to Judge O'Meara, # 2 Exhibit B−6th Circuit Opinion Davenport v Lockwood Andrews & Newnam) (Erickson, Philip) (Entered: 04/27/2017)
9 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America Operating Services, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America Operating Services, LLC. (Bush, Cheryl) (Entered: 05/02/2017)
10 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, LLC identifying Corporate Parent Veolia Environnement S.A. for Veolia North America, LLC. (Bush, Cheryl) (Entered: 05/02/2017)
11 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Veolia North America, Inc. identifying Corporate Parent

05/05/2017 05/11/2017 05/26/2017 05/30/2017 05/30/2017
05/30/2017 05/30/2017 05/30/2017 06/02/2017 06/06/2017 06/08/2017 06/20/2017 06/20/2017
06/27/2017

Veolia Environnement S.A. for Veolia North America, Inc.. (Bush, Cheryl) (Entered: 05/02/2017)
12 RESPONSE to 7 MOTION TO REASSIGN AS A COMPANION CASE filed by All Plaintiffs. (Shkolnik, Hunter) (Entered: 05/05/2017)
13 REPLY to Response re 7 MOTION TO REASSIGN AS A COMPANION CASE filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Williams, Michael) (Entered: 05/11/2017)
14 STIPULATION for Extention of TIme to File Responsive Pleadings by Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc. (Erickson, Philip) (Entered: 05/26/2017)
15 ORDER REASSIGNING CASE from District Judge Gershwin A. Drain and Magistrate Judge Mona K. Majzoub in Detroit to District Judge Judith E. Levy and Magistrate Judge Elizabeth A. Stafford in Ann Arbor. (SSch) (Entered: 05/30/2017)
16 MOTION to Dismiss Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit 1, # 3 Exhibit 2) (Bush, Cheryl) (Entered: 05/30/2017)
17 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Leo A. Daly Company identifying Other Affiliate Lockwood Andrews & Newnam Inc for Leo A. Daly Company. (Erickson, Philip) (Entered: 05/30/2017)
18 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newnam, Inc. identifying Corporate Parent Leo A Daly Company for Lockwood, Andrews & Newnam, Inc.. (Erickson, Philip) (Entered: 05/30/2017)
19 STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by Lockwood, Andrews & Newman, P.C. identifying Other Affiliate Lockwood Andrews & Newnam Inc for Lockwood, Andrews & Newman, P.C.. (Erickson, Philip) (Entered: 05/30/2017)
TEXT−ONLY ORDER Granting Relief Sought in 14 Stipulation − Entered by District Judge Judith E. Levy. (FMos) (Entered: 06/02/2017)
TEXT−ONLY ORDER Denying 7 MOTION TO REASSIGN AS A COMPANION CASE filed by Veolia North America Operating Services, LLC, Veolia North America, LLC, Veolia North America, Inc. − Issued by District Judge Judith E. Levy. (FMos) (Entered: 06/06/2017)
20 ORDER Regarding Status Conference in All Flint Water Cases: (In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (FMos). (Entered: 06/08/2017)
21 STIPULATION re 16 MOTION to Dismiss Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement by All Plaintiffs (Shkolnik, Hunter) (Entered: 06/20/2017)
22 ORDER Extending the Deadline for Response Briefs to Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the Alternative, Motion for More Definite Statement − ( Response due by 7/7/2017 and Reply due by 7/21/2017) − Signed by District Judge Judith E. Levy. (FMos) (Entered: 06/20/2017)
23 STIPULATION to Extend Time to File Responsive Pleadings by Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc. (Erickson, Philip) (Entered: 06/27/2017)

06/28/2017 07/07/2017 07/10/2017 07/19/2017 07/26/2017 07/27/2017
08/24/2017 08/25/2017 09/11/2017 09/22/2017 10/03/2017 10/03/2017 10/03/2017 10/12/2017

TEXT−ONLY ORDER Approving 23 Stipulation filed by Leo A. Daly Company, Lockwood, Andrews & Newnam, Inc., Lockwood, Andrews & Newman, P.C. (Refer to 23 Stipulation for dates) Signed by District Judge Judith E. Levy. (SBur) (Entered: 06/28/2017)
24 STIPULATION re 16 MOTION to Dismiss Veolia North America, LLC, Veolia North America, Inc., and Veolia Water North America Operating Services, LLC's Motion to Dismiss or, in the alternative, Motion for more Definite Statement by All Plaintiffs (Shkolnik, Hunter) (Entered: 07/07/2017)
25 ORDER Granting 24 Stipulation for Extension of Deadline to file Response Briefs. Signed by District Judge Judith E. Levy. (SBur) Modified on 7/10/2017 (SBur). (Entered: 07/10/2017)
26 ORDER Regarding Status Conference in All Flint Water Cases. (In−Person Status Conference set for 7/26/2017 at 1:00 PM in Courtroom 1 before District Judge Judith E. Levy) − Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/19/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 7/26/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 07/27/2017)
27 ORDER Granting In Part the Waid Motion for Consolidation of the Class Actions, Appointment of Interim Co−Lead Class Counsel, and Appointment of Liaison Counsel for the Individual Actions [Case No. 16−cv−10444, Dkt. 136], Denying the Guertin Motion to Consolidate Cases [Case No. 16−cv−12412, Dkt. 165], Holding in Abeyance Briefing in All Non−Class Action Flint Water Cases, and Setting Dates. (Refer to Order for Dates) Signed by District Judge Judith E. Levy. (SBur) (Entered: 07/27/2017)
28 STIPULATION for Extension of Time to File Responsive Pleadings as to Defendants Lockwood Anderws & Newnam Inc., Lockwood, Andrews & Newnam, P.C. and Leo A. Daly Co. by Leo A. Daly Company, Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc. (Erickson, Philip) (Entered: 08/24/2017)
TEXT−ONLY ORDER Granting 28 Stipulation. (Responsive Pleadings due by 9/25/2017) Signed by District Judge Judith E. Levy. (SBur) (Entered: 08/25/2017)
29 ORDER Regarding Second Status Conference in All Flint Water Cases − (In−Person Status Conference set for 10/25/2017 at 2:00 PM before District Judge Judith E. Levy) in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/11/2017)
30 MOTION to Consolidate Cases with Docket No. 16−cv−10444 by Lockwood, Andrews & Newman, P.C., Lockwood, Andrews & Newnam, Inc.. (Attachments: # 1 Exhibit A − Order in Docket No. 16−cv−10444) (Kamenec, Robert) (Entered: 09/22/2017)
31 NOTICE of Appearance by John A.K. Grunert on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Grunert, John) (Entered: 10/03/2017)
32 NOTICE of Appearance by James M. Campbell on behalf of Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Campbell, James) (Entered: 10/03/2017)
33 RESPONSE to 30 MOTION to Consolidate Cases with Docket No. 16−cv−10444 Concurring in Motion filed by Veolia North America Operating Services, LLC, Veolia North America, Inc., Veolia North America, LLC. (Williams, Michael) (Entered: 10/03/2017)
34 [PLAINTIFFS CONCURRENCE IN DEFENDANTS LOCKWOOD, ANDREWS AND NEWNAM, INC. AND LOCKWOOD, ANDREWS & NEWNAM, P.C.S MOTION FOR CONSOLIDATION WITH CASE NO. 16−CV−10444] NOTICE by All Plaintiffs re 30 MOTION to Consolidate Cases with Docket No. 16−cv−10444 (Shkolnik, Hunter) Modified on 10/13/2017 (LGra). (Entered: 10/12/2017)

10/20/2017 10/25/2017
10/25/2017

35 AGENDA for October 25, 2017 Status Conference. (SBur) (Entered: 10/20/2017)
36 ORDER consolidating cases 16−10444 and 17−10941. Signed by District Judge Judith E. Levy. (DPer) (Entered: 10/25/2017)
37 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *10/25/17*. Designated lead case number is *16−10444*. (DPer) (Entered: 10/25/2017)

 
 CLOSED,APPEAL,REOPENED,reassigned
U.S. District Court Eastern District of Michigan (Ann Arbor) CIVIL DOCKET FOR CASE #: 5:15−cv−14002−JEL−MKM

Mays et al v. Snyder et al **CASE CLOSED − ALL ENTRIES MUST BE MADE IN 16−10444.** Assigned to: District Judge Judith E. Levy Referred to: Magistrate Judge Mona K. Majzoub

Case in other court:

U.S. Court of Appeals − Sixth Circuit, 17−01144

Cause: 42:1983 Civil Rights Act

Plaintiff

Date Filed: 11/13/2015 Date Terminated: 04/09/2018 Jury Demand: Plaintiff Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Melisa Mays individually and as next friend of three minor children

represented by Beth M. Rivers Pitt McGehee Palmer & Rivers 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: brivers@pittlawpc.com ATTORNEY TO BE NOTICED

Cary S. McGehee Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: cmcgehee@pittlawpc.com ATTORNEY TO BE NOTICED

David J. Shea Shea Aiello, PLLC 26100 American Drive Second Floor Southfield, MI 48034 248−354−0224 Email: david.shea@sadplaw.com ATTORNEY TO BE NOTICED

Deborah A. LaBelle 221 N. Main Street Suite 300 Ann Arbor, MI 48104 734−996−5620 Email: deblabelle@aol.com ATTORNEY TO BE NOTICED

Diana Gjonaj Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard Suite 2150 DETROIT, MI 48202 313−800−4170 Email: dgjonaj@weitzlux.com ATTORNEY TO BE NOTICED

Gregory Stamatopoulos Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard

Plaintiff Michael Mays

Suite 2150 Detroit, MI 48202 313−800−4168 Fax: 646−293−7955 Email: gstamatopoulos@weitzlux.com ATTORNEY TO BE NOTICED
Julie H. Hurwitz Goodman and Hurwitz, P.C. 1394 E. Jefferson Avenue Detroit, MI 48207 313−567−6170 Fax: 313−567−4827 Email: jhurwitz@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Kathryn Bruner James Goodman and Hurwitz, P.C. 1394 E. Jefferson Avenue Detroit, MI 48207 313−567−6170 Fax: 313−567−4827 Email: kjames@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Paul F. Novak Weitz & Luxenberg, P.C. The Fisher Building 3011 West Grand Boulevard, Suite 2150 Detroit, MI 48202 313−800−4170 Fax: 646−293−7992 Email: pnovak@weitzlux.com ATTORNEY TO BE NOTICED
William H. Goodman Goodman and Hurwitz 1394 E. Jefferson Avenue Detroit, MI 48207 313−567−6170 Fax: 313−567−4827 Email: bgoodman@goodmanhurwitz.com ATTORNEY TO BE NOTICED
Michael L. Pitt Pitt, McGehee, 117 W. Fourth Street Suite 200 Royal Oak, MI 48067−3804 248−398−9800 Email: mpitt@pittlawpc.com ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
David J. Shea

Plaintiff Jacqueline Pemberton

(See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Keith John Pemberton
Plaintiff Elnora Carthan

Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address)

Plaintiff
Rhonda Kelso individually and as next friend of one minor child

ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos (See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Beth M. Rivers (See above for address) ATTORNEY TO BE NOTICED
Cary S. McGehee (See above for address) ATTORNEY TO BE NOTICED
David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Deborah A. LaBelle (See above for address) ATTORNEY TO BE NOTICED
Diana Gjonaj (See above for address) ATTORNEY TO BE NOTICED
Gregory Stamatopoulos

V.
Defendant
Rick Snyder Governor, in his official capacity

(See above for address) ATTORNEY TO BE NOTICED
Julie H. Hurwitz (See above for address) ATTORNEY TO BE NOTICED
Kathryn Bruner James (See above for address) ATTORNEY TO BE NOTICED
Paul F. Novak (See above for address) ATTORNEY TO BE NOTICED
William H. Goodman (See above for address) ATTORNEY TO BE NOTICED
Michael L. Pitt (See above for address) ATTORNEY TO BE NOTICED
represented by Eugene Driker Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: edriker@bsdd.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen Michigan Department of Attorney General 525 West Ottawa St. P. O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: bettenhausenm@michigan.gov ATTORNEY TO BE NOTICED
Morley Witus Barris, Sott, Denn & Driker, PLLC 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: mwitus@bsdd.com ATTORNEY TO BE NOTICED
Nathan A. Gambill Michigan Department of Attorney General ENRA Division P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−335−7636 Email: GambillN@michigan.gov ATTORNEY TO BE NOTICED

Defendant Michigan, State of for prospective relief only
Defendant Daniel Wyant

Richard S. Kuhl Assistant Attorney General Environment, Natural Resources, and Agriculture Division 525 West Ottawa Street P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: kuhlr@michigan.gov ATTORNEY TO BE NOTICED
Todd R. Mendel Barris, Sott, 333 W. Fort Street Suite 1200 Detroit, MI 48226−3281 313−965−9725 Email: tmendel@bsdd.com ATTORNEY TO BE NOTICED
Zachary C. Larsen Michigan Department of Attorney General P.O. Box 30755 Lansing, MI 48909 517−335−7664 Fax: 517−241−3473 Email: larsenz@michigan.gov ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Christopher B. Clare Clark Hill PlC 601 Pennsylvania Ave. NW, N. Building Suite 1000 Washington, DC 20004 202−572−8671 Fax: 202−572−8691 Email: cclare@clarkhill.com ATTORNEY TO BE NOTICED
Jay M. Berger Clark Hill (Detroit) 500 Woodward Avenue Suite 3500 Detroit, MI 48226−3435 313−965−8300

Defendant Liane Shekter Smith
Defendant Adam Rosenthal

Email: jberger@clarkhill.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Michael J. Pattwell Clark Hill, PLC 212 E. Cesar E. Chavez Avenue Lansing, MI 48906 517−318−3043 Fax: 517−318−3082 Email: mpattwell@clarkhill.com ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Thaddeus E. Morgan Fraser, Trebilcock, 124 W. Allegan Street Suite 1000 Lansing, MI 48933 517−482−5800 Email: tmorgan@fraserlawfirm.com ATTORNEY TO BE NOTICED
represented by Allison M. Collins Foster, Swift, Collins & Smith, P.C. 313 S. Washington Square Lansing, MI 48933 517−371−8124 Fax: 517−371−8200 Email: acollins@fosterswift.com ATTORNEY TO BE NOTICED
Charles E. Barbieri Foster, Swift,

Defendant Stephen Busch

313 S. Washington Square Lansing, MI 48933−2193 517−371−8100 Fax: 517−371−8200 Email: cbarbieri@fosterswift.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
represented by Courtney B. Gilliam Kotz Sangster Wysocki P.C. 400 Renaissance Center Suite 3400 Detroit, MI 48243 313−259−8300 Fax: 313−259−1451 Email: cciullo@kotzsangster.com ATTORNEY TO BE NOTICED
Dennis K. Egan Kotz, Sangster, Wysocki & Berg, P.C. 400 Renaissance Center, Suite 3400 Detroit, MI 48234 313−259−8300 Fax: 313−259−1451 Email: degan@kotzsangster.com ATTORNEY TO BE NOTICED
Krista A. Jackson Smith Haughey Rice & Roegge 100 Monroe Center, NW Grand Rapids, MI 49503 616−458−3633 Fax: 616−774−2461 Email: kjackson@shrr.com ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Philip A. Grashoff , Jr. Smith Haughey Rice & Roegge 100 Monroe Center, NW

Defendant Patrick Cook
Defendant Michael Prysby
Defendant Bradley Wurfel

Grand Rapids, MI 48304 616−774−8000 Fax: 616−774−2461 Email: pgrashoff@shrr.com ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
represented by Allison M. Collins (See above for address) ATTORNEY TO BE NOTICED
Charles E. Barbieri (See above for address) ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
represented by Christopher B. Clare (See above for address) ATTORNEY TO BE NOTICED

Defendant Darnell Earley

Jay M. Berger (See above for address) ATTORNEY TO BE NOTICED
Margaret A. Bettenhausen (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Michael J. Pattwell (See above for address) ATTORNEY TO BE NOTICED
Nathan A. Gambill (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
Richard S. Kuhl (See above for address) TERMINATED: 02/11/2016 ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler City of Flint Law Dept. 1101 S. Saginaw St. Flint, MI 48502 810−766−7146 Email: awheeler@cityofflint.com ATTORNEY TO BE NOTICED
Anthony K Chubb Giarmarco, Mullins & Horton, P.C. 101 W. Big Beaver Road 10th Floor Troy, MI 48084 248−457−7054 Fax: 248−457−7001 Email: achubb@gmhlaw.com TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth Harvey Kruse, PC G−9460 S. Saginaw St., Suite A Grand Blanc, MI 48439 810−230−1000 Fax: 810−230−0844 Email: droth@harveykruse.com TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502 810−766−7146 Fax: 810−232−2114 Email: wkim@cityofflint.com ATTORNEY TO BE NOTICED

Defendant Gerald Ambrose
Defendant Dayne Walling
Defendant Howard Croft
Defendant Michael Glasgow

represented by Angela N. Wheeler (See above for address) ATTORNEY TO BE NOTICED
Anthony K Chubb (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) ATTORNEY TO BE NOTICED
Anthony K Chubb (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) ATTORNEY TO BE NOTICED
Anthony K Chubb (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) ATTORNEY TO BE NOTICED

Defendant Daugherty Johnson
Defendant Flint, City of a municipal corporation

Anthony K Chubb (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) ATTORNEY TO BE NOTICED
Anthony K Chubb (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Angela N. Wheeler (See above for address) ATTORNEY TO BE NOTICED
Anthony K Chubb (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
David B. Roth (See above for address) TERMINATED: 08/04/2016 ATTORNEY TO BE NOTICED
Frederick A. Berg Butzel Long 150 West Jefferson, Suite 100 Detroit, MI 48226 313−225−7000 Fax: 313−225−7080 Email: bergf@butzel.com ATTORNEY TO BE NOTICED
Joseph E. Richotte BUTZEL LONG, P.C. Stoneridge West 41000 Woodward Avenue Bloomfield Hills, MI 48304 (248) 258−1407 Fax: (248) 258−1349

Defendant Nick Lyon
Defendant Andy Dillon
Defendant Edward Kurtz
Defendant Jeff Wright

Email: richotte@butzel.com ATTORNEY TO BE NOTICED
Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Bloomfield Hills, MI 48304 248−258−1414 Fax: 248−258−1439 Email: klein@butzel.com ATTORNEY TO BE NOTICED
William Young Kim (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Margaret A. Bettenhausen (See above for address) ATTORNEY TO BE NOTICED
Zachary C. Larsen (See above for address) ATTORNEY TO BE NOTICED
represented by Michael J. Gildner Simen, Figura, 5206 Gateway Centre Suite 200 Flint, MI 48507 810−235−9000 Email: mgildner@sfplaw.com ATTORNEY TO BE NOTICED
represented by Gregory M. Meihn Foley & Mansfield, PLLP 130 East Nine Mile Road Ferndale, MI 48220 248−721−4200 Fax: 248−721−4201 Email: gmeihn@foleymansfield.com ATTORNEY TO BE NOTICED
Joseph F. Galvin Genesee County Drain Commissioners Office 4610 Beecher Road Flint, MI 48532 810−732−7870 Email: jgalvin@gcdcwws.com

V. Movant Myia McMillian Movant Concerned Pastors for Social Action
Movant Melissa Mays
Movant American Civil Liberties Union of Michigan Movant Natural Resources Defense Council, Inc.

ATTORNEY TO BE NOTICED
Kevin K. Kilby McGraw Morris P.C. 2075 West Big Beaver Road Suite 750 Troy, MI 48084 248−502−4000 Fax: 248−502−4001 Email: kkilby@mcgrawmorris.com ATTORNEY TO BE NOTICED
Stacy J. Belisle McGraw Morris P.C. 2075 West Big Beaver Road Suite 750 Troy, MI 48084 248−502−4000 Fax: 248−502−4001 Email: sbelisle@mcgrawmorris.com ATTORNEY TO BE NOTICED
Thomas J. McGraw McGraw Morris P.C. 2075 West Big Beaver Road Suite 750 Troy, MI 48084 248−502−4000 Fax: 248−502−4001 Email: tmcgraw@mcgrawmorris.com ATTORNEY TO BE NOTICED
represented by Sarah C. Tallman Natural Resources Defense Council 20 North Wacker Drive Suite 1600 Chicago, IL 60606 312−651−7918 Fax: 312−332−1908 Email: stallman@nrdc.org ATTORNEY TO BE NOTICED
represented by Sarah C. Tallman (See above for address) ATTORNEY TO BE NOTICED
represented by Sarah C. Tallman (See above for address) ATTORNEY TO BE NOTICED

Interested Party McAlpine PC
Interested Party Sasha Bell
Interested Party Lockwood, Andrews & Newman, Inc.
Interested Party Lockwood, Andrews & Newman, P.C. Interested Party Leo A. Daly Company Interested Party Frances Gilcreast
Interested Party Vivian Kelley

represented by Mark L. McAlpine McAlpine & McAlpine 3201 University Drive Suite 100 Auburn Hills, MI 48326−2361 248−373−3700 Email: mlmcalpine@mcalpinepc.com ATTORNEY TO BE NOTICED
represented by Corey M. Stern Levy Konigsberg, LLP 800 Third Avenue Suite 11th Floor New York, NY 10022 212−605−6298 Fax: 212−605−6290 Email: cstern@levylaw.com ATTORNEY TO BE NOTICED
represented by David C. Kent Faegre Drinker Biddle Reath LLP 1717 Main St. Suite 5400 Dallas, TX 75201 469−356−2535 Fax: 469−357−0860 Email: david.kent@faegredrinker.com ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
represented by David C. Kent (See above for address) ATTORNEY TO BE NOTICED
represented by David J. Shea (See above for address) ATTORNEY TO BE NOTICED
Theodore J. Leopold Cohen Milstein Sellers & Toll, PLLC 2925 PGA Boulevard Suite 200 Palm Beach Gardens, FL 33410 561−515−1400 Fax: 561−515−1401 Email: tleopold@cohenmilstein.com ATTORNEY TO BE NOTICED
represented by Theodore J. Leopold (See above for address)

Interested Party Estrella A. Simpkins
Interested Party Beverly's Restaurant, Cakes & Catering

ATTORNEY TO BE NOTICED
represented by Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED
represented by Theodore J. Leopold (See above for address) ATTORNEY TO BE NOTICED

Date Filed 11/13/2015
11/16/2015 11/16/2015
11/18/2015 11/18/2015 11/19/2015 11/19/2015 11/19/2015 11/25/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015

# Docket Text
1 COMPLAINT AND JURY DEMAND filed by All Plaintiffs against All Defendants with Jury Demand. Plaintiff requests summons issued. Receipt No: 0645−5426640 − Fee: $ 400. County of 1st Plaintiff: Genesee − County Where Action Arose: Genesee − County of 1st Defendant: Genesee. [Previously dismissed case: No] [Possible companion case(s): None] (Pitt, Michael) (Entered: 11/13/2015)
2 SUMMONS Issued for * All Defendants * (DWor) (Entered: 11/16/2015)
A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (DWor) (Entered: 11/16/2015)
3 NOTICE of Appearance by Beth M. Rivers on behalf of All Plaintiffs. (Rivers, Beth) (Entered: 11/18/2015)
4 NOTICE of Appearance by Deborah A. LaBelle on behalf of All Plaintiffs. (LaBelle, Deborah) (Entered: 11/18/2015)
5 ATTORNEY APPEARANCE: Julie H. Hurwitz appearing on behalf of All Plaintiffs (Hurwitz, Julie) (Entered: 11/19/2015)
6 ATTORNEY APPEARANCE: William H. Goodman appearing on behalf of All Plaintiffs (Goodman, William) (Entered: 11/19/2015)
7 ATTORNEY APPEARANCE: Kathryn Bruner James appearing on behalf of All Plaintiffs (James, Kathryn) (Entered: 11/19/2015)
8 ATTORNEY APPEARANCE: Cary S. McGehee appearing on behalf of All Plaintiffs Against All Defendants (McGehee, Cary) (Entered: 11/25/2015)
9 WAIVER OF SERVICE Returned Executed. Governor Rick Snyder waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
10 WAIVER OF SERVICE Returned Executed. Michigan, State of waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
11 WAIVER OF SERVICE Returned Executed. Daniel Wyant waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
12 WAIVER OF SERVICE Returned Executed. Liane Shekter Smith waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
13 WAIVER OF SERVICE Returned Executed. Adam Rosenthal waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
14 WAIVER OF SERVICE Returned Executed. Stephen Busch waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
15 WAIVER OF SERVICE Returned Executed. Patrick Cook waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)

12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/04/2015 12/09/2015
12/09/2015
12/16/2015
01/20/2016
01/27/2016 01/29/2016 01/29/2016 01/29/2016 01/29/2016
01/29/2016

16 WAIVER OF SERVICE Returned Executed. Michael Prysby waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
17 WAIVER OF SERVICE Returned Executed. Bradley Wurfel waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
18 WAIVER OF SERVICE Returned Executed. Darnell Earley waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
19 WAIVER OF SERVICE Returned Executed. Gerald Ambrose waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
20 WAIVER OF SERVICE Returned Executed. Dayne Walling waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
21 WAIVER OF SERVICE Returned Executed. Howard Croft waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
22 WAIVER OF SERVICE Returned Executed. Michael Glasgow waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
23 WAIVER OF SERVICE Returned Executed. Daugherty in their individual and official capacit Johnson waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
24 WAIVER OF SERVICE Returned Executed. Flint, City of waiver sent on 12/2/2015, answer due 2/1/2016. (Pitt, Michael) (Entered: 12/04/2015)
25 NOTICE of Appearance by Richard S. Kuhl on behalf of Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant. (Kuhl, Richard) (Entered: 12/09/2015)
26 NOTICE of Appearance by Margaret A. Bettenhausen on behalf of Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant. (Bettenhausen, Margaret) (Entered: 12/09/2015)
27 ATTORNEY APPEARANCE: Nathan A. Gambill appearing on behalf of Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant (Gambill, Nathan) (Entered: 12/16/2015)
28 MOTION for Leave to File Excess Pages with Brief in Support by Stephen Busch, Patrick Cook, Michigan, State of, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Governor Rick Snyder, Bradley Wurfel, Daniel Wyant. (Gambill, Nathan) (Entered: 01/20/2016)
TEXT−ONLY ORDER Granting 28 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/27/2016)
29 NOTICE of Appearance by David B. Roth on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Roth, David) (Entered: 01/29/2016)
30 NOTICE of Appearance by Angela N. Wheeler on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Wheeler, Angela) (Entered: 01/29/2016)
31 NOTICE of Appearance by Anthony K Chubb on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Chubb, Anthony) (Entered: 01/29/2016)
32 NOTICE of Appearance by William Young Kim on behalf of Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty in their individual and official capacit Johnson, Dayne Walling. (Kim, William) (Entered: 01/29/2016)
33 MOTION for Extension of Time to File Answer or Responsive Pleading by Michigan, State of. (Bettenhausen, Margaret) (Entered: 01/29/2016)

02/01/2016
02/02/2016 02/11/2016 02/18/2016 02/19/2016 02/23/2016 02/23/2016 02/23/2016 03/01/2016
03/02/2016
03/03/2016 03/03/2016 03/03/2016 03/29/2016 03/30/2016 03/30/2016
03/31/2016
03/31/2016
03/31/2016
03/31/2016 03/31/2016

TEXT−ONLY ORDER Granting 33 MOTION for Extension of Time to File Answer or Responsive Pleading; Responsive Pleading due by 3/2/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/01/2016)
34 MOTION for Withdrawal of Attorney Kuhl, Bettenhausen, Gambill by Michigan, State of. (Bettenhausen, Margaret) (Entered: 02/02/2016)
35 ORDER granting 34 Motion to Withdraw as Counsel.. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/11/2016)
36 NOTICE of Appearance by Mark L. McAlpine on behalf of McAlpine PC. (McAlpine, Mark) (Entered: 02/18/2016)
37 AMENDED 36 Notice of Appearance by McAlpine PC (McAlpine, Mark) (Entered: 02/19/2016)
38 NOTICE of Appearance by Paul F. Novak on behalf of All Plaintiffs. (Novak, Paul) (Entered: 02/23/2016)
39 NOTICE of Appearance by Diana Gjonaj on behalf of All Plaintiffs. (Gjonaj, Diana) (Entered: 02/23/2016)
40 NOTICE of Appearance by Gregory Stamatopoulos on behalf of All Plaintiffs. (Stamatopoulos, Gregory) (Entered: 02/23/2016)
41 STIPULATION re 1 Complaint,, for Entry of Order Regarding Extension of Deadline to File Response to Complaint by Michigan, State of, Governor Rick Snyder (Kuhl, Richard) (Entered: 03/01/2016)
42 ORDER Extending Deadline to Respond to 1 Complaint; Responsive Pleading due by 4/4/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/02/2016)
43 NOTICE of Appearance by Eugene Driker on behalf of Governor Rick Snyder. (Driker, Eugene) (Entered: 03/03/2016)
44 NOTICE of Appearance by Todd R. Mendel on behalf of Governor Rick Snyder. (Mendel, Todd) (Entered: 03/03/2016)
45 NOTICE of Appearance by Morley Witus on behalf of Governor Rick Snyder. (Witus, Morley) (Entered: 03/03/2016)
46 MOTION for Leave to File Excess Pages with Brief in Support by Michigan, State of, Governor Rick Snyder. (Bettenhausen, Margaret) (Entered: 03/29/2016)
47 NOTICE of Appearance by Krista A. Jackson on behalf of Stephen Busch. (Jackson, Krista) (Entered: 03/30/2016)
48 STIPULATION for Entry of Order Regarding Extension of Deadline for MDEQ Defendants to Respond to Complaint by Stephen Busch (Jackson, Krista) (Entered: 03/30/2016)
TEXT−ONLY ORDER Granting 46 MOTION for Leave to File Excess Pages filed by Michigan, State of, Governor Rick Snyder. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/31/2016)
49 STIPULATED ORDER Extending Time for City of Flint Defendants to Respond to 1 Complaint; Responsive Pleading due by 4/18/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/31/2016)
50 ORDER re 48 Stipulation, Extending Time for MDEQ Defendants to Respond to 1 Complaint; Responsive Pleading due by 5/6/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/31/2016)
51 ATTORNEY APPEARANCE: Dennis K. Egan appearing on behalf of Stephen Busch and Certificate of Service (Egan, Dennis) (Entered: 03/31/2016)
52 NOTICE of Appearance by Michael J. Pattwell on behalf of Bradley Wurfel, Daniel Wyant. (Pattwell, Michael) (Entered: 03/31/2016)

04/01/2016 04/01/2016 04/01/2016 04/04/2016 04/04/2016
04/05/2016 04/06/2016 04/06/2016 04/06/2016
04/06/2016
04/08/2016 04/08/2016 04/12/2016 04/12/2016
04/13/2016
04/14/2016 04/14/2016
04/14/2016

53 NOTICE by Michigan, State of, Rick Snyder of Screening Device (Kuhl, Richard) (Entered: 04/01/2016)
54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Order to Consolidate) (Pitt, Michael) (Entered: 04/01/2016)
55 Joint MOTION to Consolidate Cases by All Plaintiffs. (Attachments: # 1 Exhibit) (Shea, David) (Entered: 04/01/2016)
56 NOTICE of Appearance by Jay M. Berger on behalf of Bradley Wurfel, Daniel Wyant. (Berger, Jay) (Entered: 04/04/2016)
57 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) by Michigan, State of, Rick Snyder. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 − Letter from Adam Rosenthal, MDEQ, # 3 Exhibit Exhibit 2 − Pillar, et al. v. SOM, et al.) (Bettenhausen, Margaret) (Entered: 04/04/2016)
58 ATTORNEY APPEARANCE: Charles E. Barbieri appearing on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal (Barbieri, Charles) (Entered: 04/05/2016)
59 MOTION to Consolidate Cases by All Plaintiffs. (Attachments: # 1 Exhibit Pending Actions) (Shkolnik, Hunter) (Entered: 04/06/2016)
60 NOTICE of Appearance by Corey M. Stern on behalf of Sasha Bell. (Attachments: # 1 Exhibit Counsel's Present Case List) (Stern, Corey) (Entered: 04/06/2016)
61 MOTION for Extension of Time to File Response/Reply as to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel by Sasha Bell. (Attachments: # 1 Exhibit Individual Cases (List), # 2 Exhibit Motion for Remand, # 3 Exhibit Reply Memorandum in Support of Motion for Remand) (Stern, Corey) (Entered: 04/06/2016)
62 ATTORNEY APPEARANCE: David C. Kent appearing on behalf of Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C., Leo A. Daly Company for Limited Purpose of Information and Coordination (Kent, David) (Entered: 04/06/2016)
63 ATTORNEY APPEARANCE: Courtney B. Ciullo appearing on behalf of Stephen Busch w/Certificate of Service (Ciullo, Courtney) (Entered: 04/08/2016)
64 NOTICE of Appearance by Philip A. Grashoff, Jr on behalf of Stephen Busch. (Grashoff, Philip) (Entered: 04/08/2016)
65 NOTICE by Michigan, State of, Rick Snyder re 35 Order on Motion to Withdraw as Attorney (Receipt of Conflict Waivers) (Kuhl, Richard) (Entered: 04/12/2016)
66 MOTION for Leave to File Nonparty Response to Joint Motion to Consolidate Actions by Concerned Pastors for Social Action, Melissa Mays, American Civil Liberties Union of Michigan, Natural Resources Defense Council, Inc.. (Tallman, Sarah) (Entered: 04/12/2016)
67 MOTION for Leave to File Nonparty Response to Motion for Consolidation Pursuant to Rule 42 by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Tallman, Sarah) (Entered: 04/13/2016)
68 NOTICE of Appearance by Nicholas Adam Szokoly on behalf of All Plaintiffs. (Szokoly, Nicholas) (Entered: 04/14/2016)
69 RESPONSE to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases filed by Non−Party Attorney for Plaintiffs Beatrice Boler, et al. filed by All Plaintiffs. (Szokoly, Nicholas) (Entered: 04/14/2016)
70 NOTICE of Appearance by Frederick A. Berg on behalf of Flint, City of. (Berg, Frederick) (Entered: 04/14/2016)

04/14/2016 04/15/2016 04/15/2016 04/15/2016 04/15/2016 04/15/2016 04/18/2016 04/18/2016 04/18/2016
04/18/2016
04/19/2016 04/20/2016

71 NOTICE of Appearance by Sheldon H. Klein on behalf of Flint, City of. (Klein, Sheldon) (Entered: 04/14/2016)
72 RESPONSE to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases filed by Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 04/15/2016)
73 RESPONSE to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases , Brief and Certificate of Service filed by Stephen Busch. (Egan, Dennis) (Entered: 04/15/2016)
74 Joint MOTION for Extension of Time to File Answer re 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases by Flint, City of. (Klein, Sheldon) (Entered: 04/15/2016)
75 RESPONSE to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases Concurrence in Defendant Busch's Response filed by Patrick Cook, Michael Prysby, Adam Rosenthal. (Barbieri, Charles) (Entered: 04/15/2016)
76 RESPONSE to 59 MOTION to Consolidate Cases filed by All Plaintiffs. (Shea, David) (Entered: 04/15/2016)
77 NOTICE of Joinder/Concurrence in 72 Response to Motion, filed by Rick Snyder, Michigan, State of, 73 Response to Motion, filed by Stephen Busch by Bradley Wurfel, Daniel Wyant (Berger, Jay) (Entered: 04/18/2016)
78 MOTION to Dismiss by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B(1), # 4 Exhibit B(2), # 5 Exhibit C) (Kim, William) (Entered: 04/18/2016)
79 NOTICE of Joinder/Concurrence in 55 Joint MOTION to Consolidate Cases filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton, 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton, 59 MOTION to Consolidate Cases filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Myia McMillian, Rhonda Kelso, Jacqueline Pemberton by Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Kent, David) (Entered: 04/18/2016)
80 RESPONSE to 55 Joint MOTION to Consolidate Cases , 59 MOTION to Consolidate Cases filed by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Gilcreast Complaint, # 3 Exhibit B − McIntosh First Amended Complaint, # 4 Exhibit C − McMillian Complaint, # 5 Exhibit D − Boler Complaint, # 6 Exhibit E − Waid Complaint, # 7 Exhibit F − Opinion and Order Granting Plaintiff's Motion for Remand (Bell), # 8 Exhibit G − Concerned Pastors Complaint, # 9 Exhibit H − Exhibit A to Concerned Pastors Complaint, # 10 Exhibit I − Notice of Motion Hearing (Concerned Pastors), # 11 Exhibit J − Exhibit A to Notice of Removal to Federal Court (Mason)) (Tallman, Sarah) (Entered: 04/18/2016)
81 RESPONSE to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases by Non−Party Mason Plaintiffs filed by McAlpine PC. (McAlpine, Mark) (Entered: 04/19/2016)
82 NOTICE by Michigan, State of, Rick Snyder re 57 MOTION to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) Governor Snyder and State of Michigan's Notice of Supplemental Authority (Bettenhausen, Margaret) (Entered: 04/20/2016)

04/21/2016 04/21/2016
04/21/2016
04/22/2016 04/22/2016 04/26/2016
04/26/2016 04/28/2016 05/02/2016 05/02/2016
05/02/2016
05/02/2016
05/03/2016 05/05/2016 05/05/2016 05/05/2016 05/05/2016

83 Joint MOTION to Stay Dispositive Motion by All Plaintiffs. (Shea, David) (Entered: 04/21/2016)
84 [STRICKEN PER 04/22/16 ORDER] REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel Plaintiffs' Omnibus Reply Memorandum in Support of Their Motion to Consolidate Class Action Cases filed by All Plaintiffs. (Novak, Paul) Modified on 4/22/2016 (DPer). (Entered: 04/21/2016)
85 REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel CORRECTED Plaintiff's Omnibus Reply Memorandum in Support of Their Motion to Consolidate Class Action Cases filed by All Plaintiffs. (Novak, Paul) (Entered: 04/21/2016)
86 MOTION to Seal 84 Reply to Response to Motion, Plaintiffs' Motion to Seal or in the Alternative Strike ECF No. 84 From the Record by All Plaintiffs. (Novak, Paul) (Entered: 04/22/2016)
87 ORDER striking 84 Reply to response to motion. Signed by District Judge John Corbett O'Meara. (DPer) (Entered: 04/22/2016)
88 REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel Plaintiffs' Reply Memorandum in Further Support of Their Motion to Consolidate Class Action Cases and in Reply to Mason Plaintiffs' Response filed by All Plaintiffs. (Novak, Paul) (Entered: 04/26/2016)
89 RESPONSE to 55 Joint MOTION to Consolidate Cases filed by All Plaintiffs. (Shea, David) (Entered: 04/26/2016)
90 NOTICE of Appearance by Thaddeus E. Morgan on behalf of Liane Shekter Smith. (Morgan, Thaddeus) (Entered: 04/28/2016)
91 ORDER Granting 74 Joint MOTION for Extension of Time to Respond to MOTION to Consolidate Cases. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/02/2016)
TEXT−ONLY ORDER Granting 67 MOTION for Leave to File Nonparty Response to Motion for Consolidation, 66 MOTION for Leave to File Nonparty Response to Joint Motion to Consolidate Actions. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/02/2016)
92 STIPULATION AND ORDER Extending Deadline to Amend 1 Complaint; Amended Complaint due on or before May 25, 2016; Defendants' Responsive Pleadings due on or before June 27, 2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/02/2016)
93 RESPONSE to 55 Joint MOTION to Consolidate Cases , 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel, 59 MOTION to Consolidate Cases In Opposition filed by Flint, City of. (Attachments: # 1 Exhibit A. Index of Unpublished Cases) (Klein, Sheldon) (Entered: 05/02/2016)
94 Notice of E−mail Delivery Failure as to attorney David J. Shea. Bounced NEF for Text−Only Order, 92 Stipulation and Order, 91 Order, Terminate Motions, 93 Response to Motion,. (SSch) (Entered: 05/03/2016)
95 NOTICE of Appearance by Christopher B. Clare on behalf of Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 05/05/2016)
96 NOTICE of Appearance by Allison M. Collins on behalf of Patrick Cook, Michael Prysby, Adam Rosenthal. (Collins, Allison) (Entered: 05/05/2016)
97 RESPONSE to 83 Joint MOTION to Stay Dispositive Motion filed by Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 05/05/2016)
98 NOTICE of Joinder/Concurrence in by All Plaintiffs Plaintiffs' Concurrence to Motion to Stay Dispositive Motion Practice In All Cases Pending Resolution of the

05/05/2016 05/06/2016
05/06/2016 05/09/2016 05/09/2016
05/09/2016
05/09/2016 05/09/2016
05/09/2016 05/11/2016 05/12/2016 05/18/2016 05/18/2016 05/25/2016 05/25/2016 05/26/2016

Consolidation Motions (Novak, Paul) (Entered: 05/05/2016)
99 NOTICE of Joinder/Concurrence in 97 Response to Motion filed by Rick Snyder, Michigan, State of by Flint, City of (Berg, Frederick) (Entered: 05/05/2016)
100 MOTION for Leave to File Nonparty Response to Joint Motion to Stay Dispositive Motion Practice in All Cases by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A − Concerned Pastors, Order Den. in Part Mot. to Adjourn Hr'g on Mots. to Dismiss, # 3 Exhibit B − Concerned Pastors, Pls.' Mot. for Prelim. Inj.) (Tallman, Sarah) (Entered: 05/06/2016)
101 RESPONSE to 83 Joint MOTION to Stay Dispositive Motion filed by American Civil Liberties Union of Michigan, Concerned Pastors for Social Action, Melissa Mays, Natural Resources Defense Council, Inc.. (Tallman, Sarah) (Entered: 05/06/2016)
102 RESPONSE to 78 MOTION to Dismiss Eleventh Amendment Argument Only filed by Michigan, State of, Rick Snyder. (Gambill, Nathan) (Entered: 05/09/2016)
103 RESPONSE to 83 Joint MOTION to Stay Dispositive Motion w/Certificate of Service filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Egan, Dennis) (Entered: 05/09/2016)
104 REPLY to Response re 54 MOTION to Consolidate Cases Class Action and for Designation of a Process for the Court's Selection of Interim Lead Counsel Plaintiffs' Reply Memorandum in Further Support of Their Motion to Consolidate Class Action Cases and in Reply to Defendant City of Flint's Response filed by All Plaintiffs. (Novak, Paul) (Entered: 05/09/2016)
105 RESPONSE to 83 Joint MOTION to Stay Dispositive Motion filed by McAlpine PC. (Attachments: # 1 Exhibit Ex. 1) (McAlpine, Mark) (Entered: 05/09/2016)
106 NOTICE of Joinder/Concurrence in 83 Joint MOTION to Stay Dispositive Motion filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton by Leo A. Daly Company, Lockwood, Andrews & Newman, Inc., Lockwood, Andrews & Newman, P.C. (Kent, David) (Entered: 05/09/2016)
107 RESPONSE to 83 Joint MOTION to Stay Dispositive Motion Practice filed by Gerald Ambrose, Howard Croft, Darnell Earley, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Kim, William) (Entered: 05/09/2016)
TEXT−ONLY ORDER Granting 100 MOTION for Leave to File Nonparty Response to Joint Motion to Stay Dispositive Motion Practice in All Cases. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 05/11/2016)
108 REPLY to Response re 83 Joint MOTION to Stay Dispositive Motion filed by All Plaintiffs. (Shea, David) (Entered: 05/12/2016)
109 NOTICE of Appearance by Theodore J. Leopold on behalf of Frances Gilcreast, Vivian Kelley, Estrella A. Simpkins, Beverly's Restaurant, Cakes & Catering. (Leopold, Theodore) (Entered: 05/18/2016)
110 REPLY to Response re 83 Joint MOTION to Stay Dispositive Motion filed by Frances Gilcreast. (Shea, David) (Entered: 05/18/2016)
111 AMENDED COMPLAINT with Jury Demand filed by All Plaintiffs against All Defendants. NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit A − Task Force Report, # 3 Exhibit B − Timeline) (Pitt, Michael) (Entered: 05/25/2016)
REQUEST for SUMMONS for Andy Dillon, Edward Kurtz, Nick Lyon, Jeff Wright. (Pitt, Michael) (Entered: 05/25/2016)
112 SUMMONS Issued for *Andy Dillon, Edward Kurtz, Nick Lyon, Jeff Wright* (LHos) (Entered: 05/26/2016)

05/26/2016 05/31/2016 06/02/2016 06/03/2016 06/03/2016 06/08/2016 06/16/2016 06/16/2016 06/23/2016
06/24/2016
06/27/2016
06/28/2016 06/28/2016 06/28/2016 06/29/2016 07/01/2016 07/06/2016
07/26/2016

113 REPLY to Response re 78 MOTION to Dismiss filed by Flint, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Richotte, Joseph) (Entered: 05/26/2016)
114 STIPULATION for Waiver of the Service of Summons and Entry of Order Regarding Extension of Deadline to File Response to Complaint by Michigan, State of, Rick Snyder (Kuhl, Richard) (Entered: 05/31/2016)
115 WAIVER OF SERVICE Returned Executed. Jeff Wright waiver sent on 6/2/2016, answer due 8/1/2016. (Pitt, Michael) (Entered: 06/02/2016)
116 STIPULATION AND ORDER Extending Time for Certain Defendants to Answer 111 Amended Complaint; Responsive Pleading due by 6/29/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)
117 ORDER re 114 Stipulation Extending Time to Answer 111 Amended Complaint; Responsive Pleading due by 6/27/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/03/2016)
118 ORDER denying 83 Motion to Stay. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/08/2016)
119 MOTION for Leave to File Excess Pages with Brief in Support by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 06/16/2016)
TEXT−ONLY ORDER Granting 119 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/16/2016)
120 STIPULATION AND ORDER Extending Time for Defendants Wyant, Smith, Rosenthal, Busch, Cook, Prysby, and Wurfel to Respond to 111 Amended Complaint; Responsive Pleading due by 7/30/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/23/2016)
121 STIPULATION AND ORDER Extending Time for Defendants City of Flint, Earley, Ambrose, Walling, Croft, Glasgow, and Johnson to Respond to 111 Amended Complaint; Responsive Pleading due by 7/30/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/24/2016)
122 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 − March 29, 2013 City of Flint Resolution, # 3 Exhibit Exhibit 2 − June 26, 2013 City of Flint Resolution, # 4 Exhibit Exhibit 3 − August 17, 2015 Letter from MDEQ to Wright, # 5 Exhibit Exhibit 4 − Order of Dismissal) (Bettenhausen, Margaret) (Entered: 06/27/2016)
123 NOTICE of Appearance by Thomas J. McGraw on behalf of Jeff Wright. (McGraw, Thomas) (Entered: 06/28/2016)
124 NOTICE of Appearance by Stacy J. Belisle on behalf of Jeff Wright. (Belisle, Stacy) (Entered: 06/28/2016)
125 NOTICE of Appearance by Kevin K. Kilby on behalf of Jeff Wright. (Kilby, Kevin) (Entered: 06/28/2016)
126 WAIVER OF SERVICE Returned Executed. Edward Kurtz waiver sent on 6/2/2016, answer due 8/1/2016. (Pitt, Michael) (Entered: 06/29/2016)
127 NOTICE of Appearance by Joseph F. Galvin on behalf of Jeff Wright. (Galvin, Joseph) (Entered: 07/01/2016)
128 STIPULATION AND ORDER Extending Time for Plaintiffs to Respond to 122 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6); Response due by 8/8/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/06/2016)
129 Ex Parte MOTION for Leave to File Excess Pages by Flint, City of. (Berg, Frederick) (Entered: 07/26/2016)

07/26/2016 07/26/2016 07/28/2016 07/28/2016 07/28/2016 07/28/2016 07/28/2016 07/29/2016 07/29/2016
07/29/2016 07/29/2016
08/01/2016 08/01/2016 08/01/2016 08/01/2016 08/03/2016

130 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 07/26/2016)
131 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 07/26/2016)
132 Ex Parte MOTION for Leave to File Excess Pages by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Barbieri, Charles) (Entered: 07/28/2016)
TEXT−ONLY ORDER Granting 129 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/28/2016)
133 ORDER granting in part 130 Motion for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/28/2016)
134 ORDER granting in part 131 Motion for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/28/2016)
TEXT−ONLY ORDER Granting 132 Ex Parte MOTION for Leave to File Excess Pages filed by Stephen Busch, Michael Prysby, Adam Rosenthal, Patrick Cook, Liane Shekter Smith. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 07/28/2016)
135 MOTION to Dismiss by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 07/29/2016)
136 Joint MOTION to Dismiss and Brief in Support of by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K) (Barbieri, Charles) (Entered: 07/29/2016)
137 MOTION to Dismiss by Bradley Wurfel. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Clare, Christopher) (Entered: 07/29/2016)
138 MOTION to Dismiss Defendants City of Flint, Edward Kurtz, Gerald Ambrose, Darnell Earley, Howard Croft, Michael Glasgow and Daugherty Johnsons Motion to Dismiss for Lack of Subject−Matter Jurisdiction and Failure to State a Claim by Flint, City of. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1−−January 13, 2013 City of Flint Water System Questions & Answers, # 3 Exhibit 2−−Bongiorno v. Fresh Market Inc., No. 15 C 5887, 2016 WL 25713 (N.D. Ill. Jan. 3, 2016), # 4 Exhibit 3−−Phillips v. Snyder, Civ. No. 13−11370, 2014 WL 6474344 (E.D. Mich. Nov. 19, 2014), # 5 Exhibit 4−−January 21, 2016 Emergency Administrative Order of EPA, # 6 Exhibit 5−−July 2011 Analysis of the Flint River as a Permanent Water Supply for the City of Flint, # 7 Exhibit 6−−February 2013 City of Flint Water Supply Assessment by Tucker, Young, Jackson, Tull Inc. (TYJT), # 8 Exhibit 7−−Qadeer v. Bank of America, N.A., No. 12−14310, 2013 WL 424776 (E.D. Mich. Feb. 4, 2013), # 9 Exhibit 8−−Wilson v. AZ Auto. Corp., No. 05−72722, 2007 WL 1017097 (E.D. Mich. Mar. 30, 2007)) (Berg, Frederick) (Entered: 07/29/2016)
139 NOTICE of Appearance by Michael J. Gildner on behalf of Edward Kurtz. (Gildner, Michael) (Entered: 08/01/2016)
140 ANSWER to Amended Complaint with Affirmative Defenses by Edward Kurtz. (Gildner, Michael) (Entered: 08/01/2016)
141 CERTIFICATE OF SERVICE re 140 Answer to Amended Complaint, 139 Notice of Appearance by Edward Kurtz (Gildner, Michael) (Entered: 08/01/2016)
142 MOTION to Dismiss PURSUANT TO FED. R. CIV. PRO. 12(b)(6) by Jeff Wright. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 − K.S. v. Detroit Pub. Schs, 2015 U.S. Dist. LEXIS 94312, *23−25, (E.D. Mich. July 21, 2015)) (McGraw, Thomas) (Entered: 08/01/2016)
143 MOTION for Leave to File Excess Pages Of Their Brief In Opposition To The State Defendants' Motion to Dismiss by All Plaintiffs. (Novak, Paul) (Entered: 08/03/2016)

08/04/2016 08/04/2016 08/04/2016 08/08/2016 08/18/2016 08/18/2016 08/18/2016 08/18/2016 08/19/2016 08/22/2016 09/14/2016 09/15/2016 09/16/2016 09/19/2016
09/21/2016 09/22/2016
09/23/2016 09/23/2016

144 ORDER granting in part 143 Motion for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/04/2016)
145 NOTICE of Appearance by Gregory M. Meihn on behalf of Jeff Wright. (Meihn, Gregory) (Entered: 08/04/2016)
146 ORDER of Attorney Withdrawal with stipulation as to Attorneys Anthony Chubb and David Roth. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/04/2016)
147 RESPONSE to 122 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) filed by All Plaintiffs. (Attachments: # 1 Exhibit A) (Novak, Paul) (Entered: 08/08/2016)
148 STIPULATION AND ORDER Extending Deadlines re 136 Joint MOTION to Dismiss; Response due by 9/22/2016, Reply due by 10/13/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/18/2016)
149 STIPULATION AND ORDER Extending Deadline re 138 MOTION to Dismiss; Response due by 9/30/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/18/2016)
150 STIPULATION AND ORDER Extending Deadlines re 135 MOTION to Dismiss; Response due by 9/26/2016, Reply due by 10/17/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/18/2016)
151 STIPULATION AND ORDER Extending Deadlines re 137 MOTION to Dismiss; Response due by 9/28/2016, Reply due by 10/19/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/18/2016)
152 STIPULATION AND ORDER Extending Time to Respond to 142 MOTION to Dismiss; Response due by 9/23/2016, Reply due by 9/30/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/19/2016)
153 REPLY to Response re 122 MOTION to Dismiss Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(1) and (b)(6) filed by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 08/22/2016)
154 MOTION for Leave to File A Single Omnibus Brief In Opposition To The MDEQ Defendants' Motions To Dismiss (ECF Nos. 135, 136 and 137) by All Plaintiffs. (Novak, Paul) (Entered: 09/14/2016)
TEXT−ONLY ORDER Granting 154 MOTION for Leave to File A Single Omnibus Brief. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/15/2016)
155 Ex Parte MOTION for Leave to File Excess Pages For Plaintiffs' Brief In Response To The City Defendants' Motion To Dismiss by All Plaintiffs. (Novak, Paul) (Entered: 09/16/2016)
TEXT−ONLY ORDER Granting IN PART 155 Ex Parte MOTION for Leave to File Excess Pages For Plaintiffs' Brief In Response To The City Defendants' Motion To Dismiss. Plaintiffs' Response shall not exceed forty (40) pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/19/2016)
156 MOTION for Leave to File Excess Pages by All Plaintiffs. (Rivers, Beth) (Entered: 09/21/2016)
157 RESPONSE to 137 MOTION to Dismiss , 135 MOTION to Dismiss , 136 Joint MOTION to Dismiss and Brief in Support of Plaintiffs' Omnibus Response To The MDEQ Defendants' Motions To Dismiss Under FRCP 8(a)(2), 12(b)(1) And (6) filed by All Plaintiffs. (Attachments: # 1 Exhibit Felony and misdemeanor complaints against some Defendants) (Novak, Paul) (Entered: 09/22/2016)
TEXT−ONLY ORDER Granting 156 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/23/2016)
158 Emergency MOTION for Extension of Time to File Response/Reply as to 142 MOTION to Dismiss PURSUANT TO FED. R. CIV. PRO. 12(b)(6) by All Plaintiffs. (Rivers, Beth) (Entered: 09/23/2016)

09/27/2016 09/28/2016 09/28/2016
09/30/2016
10/12/2016 10/12/2016 10/12/2016 10/12/2016 10/12/2016 10/13/2016 10/13/2016 10/17/2016 10/18/2016 10/18/2016

159 ANSWER to 158 Emergency MOTION for Extension of Time to File Response/Reply as to 142 MOTION to Dismiss PURSUANT TO FED. R. CIV. PRO. 12(b)(6) with Certificate of Service by Jeff Wright. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Meihn, Gregory) (Entered: 09/27/2016)
TEXT−ONLY ORDER Granting 158 MOTION for Extension of Time to File Response to 142 MOTION to Dismiss. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 09/28/2016)
160 RESPONSE to 142 MOTION to Dismiss PURSUANT TO FED. R. CIV. PRO. 12(b)(6) filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits List of Exhibits, # 2 Exhibit 1 − Genesee County Distribution System Survey, # 3 Exhibit 2 − Statement of Karegnondi Water Authority, # 4 Exhibit 3 − March 21, 2013 Press Release from Wright, # 5 Exhibit 4 − MLive April 12, 2013 Re; Detroit Final Water Proposal, # 6 Exhibit 5 − Press Releases from March 21, 2013 to May 1, 2013, # 7 Exhibit 6 − April 17, 2013 Email, # 8 Exhibit 7 − Peter Hammer − The Flint Water Crisis, # 9 Exhibit 8 − City of Flint Water System Questions and Answers, # 10 Exhibit 9 − Memo from Ambrose to Workman Dated March 3, 2015, # 11 Exhibit 10 − Warrant for Prysby dated April 20, 2016, # 12 Exhibit 11 − Emergency Back Up Water Supply Agreement, # 13 Exhibit 12 − Letter from O'Brien to Flint Legal Staff Dated January 7, 2016) (Rivers, Beth) (Entered: 09/28/2016)
161 RESPONSE to 138 MOTION to Dismiss Defendants City of Flint, Edward Kurtz, Gerald Ambrose, Darnell Earley, Howard Croft, Michael Glasgow and Daugherty Johnsons Motion to Dismiss for Lack of Subject−Matter Jurisdiction and Failure to State a Claim Response To The City Defendants' Motion To Dismiss Under FRCP 8(a), 9(b), 12(b)(1) and (6) filed by All Plaintiffs. (Attachments: # 1 Index of Exhibits Exhibit Index, # 2 Exhibit Criminal indictments issued by the Michigan Attorney General, # 3 Exhibit Unpublished decision) (Novak, Paul) (Entered: 09/30/2016)
162 MOTION for Leave to File Excess Pages by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Barbieri, Charles) (Entered: 10/12/2016)
TEXT−ONLY ORDER Granting 162 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/12/2016)
163 MOTION for Leave to File Excess Pages by Daniel Wyant. (Clare, Christopher) (Entered: 10/12/2016)
164 MOTION for Leave to File Excess Pages by Bradley Wurfel. (Clare, Christopher) (Entered: 10/12/2016)
165 REPLY to Response re 142 MOTION to Dismiss PURSUANT TO FED. R. CIV. PRO. 12(b)(6) with Certificate of Service filed by Jeff Wright. (Attachments: # 1 Exhibit 1 − Resolution) (Meihn, Gregory) (Entered: 10/12/2016)
166 REPLY to Response re 136 Joint MOTION to Dismiss and Brief in Support of filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith. (Attachments: # 1 Exhibit 1 − Armengau v Cline) (Barbieri, Charles) (Entered: 10/13/2016)
TEXT−ONLY ORDER Granting 163 MOTION for Leave to File Excess Pages filed by Daniel Wyant, and 164 MOTION for Leave to File Excess Pages filed by Bradley Wurfel. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/13/2016)
167 REPLY to Response re 135 MOTION to Dismiss filed by Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 10/17/2016)
168 Ex Parte MOTION for Leave to File Excess Pages by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 10/18/2016)
TEXT−ONLY ORDER DENYING 168 Ex Parte MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/18/2016)

10/18/2016 10/19/2016 10/20/2016 10/20/2016 10/21/2016
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11/17/2016

169 STIPULATION AND ORDER Extending Time to File Reply in Support of 138 MOTION to Dismiss; Reply due by 11/4/2016, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/18/2016)
170 REPLY to Response re 137 MOTION to Dismiss filed by Bradley Wurfel. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 10/19/2016)
171 Ex Parte MOTION re 161 Response to Motion,, To File Supplemental Authority in Response to City Defendants Motion to Dismiss by All Plaintiffs. (Attachments: # 1 Exhibit 1−Collins v. Flint: Transfer case to Genesee County Circuit Court, 8−29−16) (James, Kathryn) (Entered: 10/20/2016)
TEXT−ONLY ORDER Granting 171 Ex Parte MOTION to file Supplemental Authority. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 10/20/2016)
172 Joint MOTION to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G(1), # 9 Exhibit G(2), # 10 Exhibit G(3), # 11 Exhibit G(4), # 12 Exhibit G(5), # 13 Exhibit G(6), # 14 Exhibit H, # 15 Exhibit I, # 16 Exhibit J, # 17 Exhibit K, # 18 Exhibit L, # 19 Exhibit M, # 20 Exhibit N, # 21 Exhibit O, # 22 Exhibit P, # 23 Exhibit Q, # 24 Exhibit R) (Pattwell, Michael) (Entered: 10/21/2016)
173 RESPONSE to 172 Joint MOTION to Change Venue filed by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 11/02/2016)
174 MOTION for Leave to File Excess Pages by Flint, City of. (Klein, Sheldon) (Entered: 11/03/2016)
175 RESPONSE to 172 Joint MOTION to Change Venue filed by All Plaintiffs. (Rivers, Beth) (Entered: 11/04/2016)
176 REPLY to Response re 138 MOTION to Dismiss Defendants City of Flint, Edward Kurtz, Gerald Ambrose, Darnell Earley, Howard Croft, Michael Glasgow and Daugherty Johnsons Motion to Dismiss for Lack of Subject−Matter Jurisdiction and Failure to State a Claim filed by Gerald Ambrose, Howard Croft, Darnell Earley, Flint, City of, Michael Glasgow, Daugherty Johnson, Dayne Walling. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Richotte, Joseph) (Entered: 11/04/2016)
TEXT−ONLY ORDER Granting 174 MOTION for Leave to File Excess Pages. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 11/07/2016)
177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Grashoff, Philip) (Entered: 11/07/2016)
178 NOTICE of Joinder/Concurrence in by Jeff Wright JOINDER IN 172 MDEQ DEFENDANTS MOTION FOR CHANGE OF VENUE (Attachments: # 1 Exhibit A) (Meihn, Gregory) Modified on 11/9/2016 (LHos). (Entered: 11/09/2016)
179 RESPONSE to 172 Joint MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/11/2016)
180 REPLY to Response re 172 Joint MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Clare, Christopher) (Entered: 11/14/2016)
181 MOTION to Reassign Case by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 11/17/2016)

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11/28/2016
12/01/2016
12/07/2016 01/31/2017 02/01/2017 02/01/2017 02/02/2017
02/02/2017 02/06/2017

182 RESPONSE to 177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue filed by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Larsen, Zachary) (Entered: 11/18/2016)
183 RESPONSE to 177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue filed by All Plaintiffs. (James, Kathryn) (Entered: 11/18/2016)
184 RESPONSE to 177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue with Certificate of Service filed by Jeff Wright. (Meihn, Gregory) (Entered: 11/21/2016)
185 REPLY to Response re 172 Joint MOTION to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B) (Clare, Christopher) (Entered: 11/21/2016)
186 RESPONSE to 172 Joint MOTION to Change Venue filed by Flint, City of. (Berg, Frederick) (Entered: 11/22/2016)
187 NOTICE by Flint, City of re 186 Response to Motion Duplicative Submission (Berg, Frederick) (Entered: 11/22/2016)
188 REPLY to Response re 177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 11/28/2016)
189 REPLY to Response re 177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Reply)) (Clare, Christopher) (Entered: 11/28/2016)
190 REPLY to Response re 177 Joint MOTION to Stay Proceedings Pending Final Decision on Motion to Change Venue filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Clare, Christopher) (Entered: 11/28/2016)
191 RESPONSE to 181 MOTION to Reassign Case w/Certificate of Service filed by Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I) (Egan, Dennis) (Entered: 12/01/2016)
192 REPLY to Response re 181 MOTION to Reassign Case filed by Andy Dillon, Nick Lyon, Michigan, State of, Rick Snyder. (Bettenhausen, Margaret) (Entered: 12/07/2016)
193 NOTICE by All Plaintiffs of Change of Firm Affiliation for Gregory Stamatopoulos (Stamatopoulos, Gregory) (Entered: 01/31/2017)
194 NOTICE by All Plaintiffs of Change of Firm Affiliation for Paul Novak (Novak, Paul) (Entered: 02/01/2017)
195 NOTICE by All Plaintiffs of Change of FIrm Affiliation for Diana Gjonaj (Gjonaj, Diana) (Entered: 02/01/2017)
196 OPINION AND ORDER granting 122 Motion to Dismiss; granting 135 Motion to Dismiss; granting 136 Motion to Dismiss; granting 137 Motion to Dismiss; granting 138 Motion to Dismiss; granting 142 Motion to Dismiss. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/02/2017)
197 JUDGMENT, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 02/02/2017)
198 NOTICE OF APPEAL by All Plaintiffs re 197 Judgment. Receipt No: 0645−6077042 − Fee: $ 505 − Fee Status: Fee Paid. (Rivers, Beth) (Entered: 02/06/2017)

02/06/2017 02/24/2017
07/28/2017
10/19/2017 10/19/2017
10/20/2017 10/25/2017 10/27/2017
11/07/2017 11/09/2017 11/15/2017 11/17/2017
12/07/2017 12/27/2017 12/28/2017 01/09/2018
01/10/2018
01/11/2018 01/12/2018

199 Certificate of Service re 198 Notice of Appeal. (Ahmed, N) (Entered: 02/06/2017)
200 ORDER from U.S. Court of Appeals − Sixth Circuit re 198 Notice of Appeal filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton [Appeal Case Number 17−1144] (Ahmed, N) (Entered: 02/24/2017)
201 OPINION and JUDGMENT from U.S. Court of Appeals − Sixth Circuit re 198 Notice of Appeal filed by Elnora Carthan, Michael Mays, Keith John Pemberton, Melisa Mays, Rhonda Kelso, Jacqueline Pemberton [Appeal Case Number 17−1144] (Ahmed, N) (Entered: 08/02/2017)
202 ORDER REASSIGNING CASE from District Judge John Corbett O'Meara to District Judge Judith E. Levy. (SSch) (Entered: 10/19/2017)
203 ORDER Regarding Second Status Conference in All Flint Water Cases − (In−Person Status Conference set for 10/25/2017 at 2:00 PM before District Judge Judith E. Levy) in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/19/2017)
204 AGENDA for October 25, 2017 Status Conference. (SBur) (Entered: 10/20/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 10/25/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 10/25/2017)
205 ORDER Regarding Issues Discussed at the October 25, 2017 Status Conference − (In−Person Status Conference set for 11/15/2017 at 10:00 AM before District Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/27/2017)
206 LETTER from the US Supreme Court that a petition for writ of certiorari was filed on November 1, 2017. [Supreme Court Case Number: 17−666] [Court of Appeals Case Number: 17−1144] (Krause, S) (Entered: 11/07/2017)
207 AGENDA for November 15, 2017 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/09/2017)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 11/15/2017. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 11/15/2017)
208 ORDER Regarding Issues Discussed at the November 15, 2017 Status Conference − (In−Person Status Conference set for 1/4/2018 at 2:00 PM before District Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 11/17/2017)
Set Deadlines/Hearings: In−Person Status Conference reset for 1/11/2018 at 11:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 12/07/2017)
209 AGENDA for January 11, 2018 Status Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 12/27/2017)
210 LETTER from the US Supreme Court that a petition for writ of certiorari was filed on 12/20/17. [Supreme Court Case Number: 17−901] [Court of Appeals Case Number: 17−1144] (DWor) (Entered: 12/28/2017)
211 NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 − Entered by District Judge Judith E. Levy. (SBur) Modified on 1/9/2018 (SBur). (Entered: 01/09/2018)
212 CORRECTED NOTICE of Intent to Appoint Senator Carl Levin and Former Wayne County Chief Judge Pro Tem Pamela Harwood as Facilitative Mediators Pursuant to E.D. Mich Local R. 16.4 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/10/2018)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 1/11/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 01/11/2018)
213 ORDER Regarding Matters Discussed at the January 11, 2018 Status Conference − (In−Person Status Conference set for 2/20/2018 at 11:00 AM before District

02/07/2018 02/07/2018 02/20/2018 02/22/2018
02/27/2018 03/19/2018 03/19/2018 04/06/2018 04/09/2018

Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) (Entered: 01/12/2018)
214 STIPULATION to Defer Further Briefing Pending Consolidation by Andy Dillon, Nick Lyon, Rick Snyder (Bettenhausen, Margaret) (Entered: 02/07/2018)
TEXT−ONLY ORDER Granting 214 Stipulation. Signed by District Judge Judith E. Levy. (SBur) (Entered: 02/07/2018)
Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 2/20/2018. (Court Reporter: Jeseca Eddington) (SBur) (Entered: 02/20/2018)
215 ORDER Regarding Matters Discussed at the February 20, 2018 Status Conference − (In−Person Status Conference set for 4/5/2018 at 11:00 AM before District Judge Judith E. Levy) − in Courtroom 1 − Signed by District Judge Judith E. Levy. (SBur) Modified on 2/22/2018 (SBur). (Entered: 02/22/2018)
Set Deadlines/Hearings: In−Person Status Conference reset for 4/16/2018 at 2:00 PM before District Judge Judith E. Levy. (SBur) (Entered: 02/27/2018)
216 LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 17−901] [Court of Appeals Case Number: 17−1144] (DWor) (Entered: 03/19/2018)
217 LETTER from the US Supreme Court denying the petition for writ of certiorari [Supreme Court Case Number: 17−666] [Court of Appeals Case Number: 17−1144] (SKra) (Entered: 03/20/2018)
218 ORDER consolidating cases 16−10444 and 15−14002. Signed by District Judge Judith E. Levy. (DPer) (Entered: 04/09/2018)
219 Notice to Parties Regarding Consolidated Case: Order of consolidation entered on *04/06/18*. Designated lead case number is *16−10444*. (DPer) (Entered: 04/09/2018)

 
 Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

842 F.3d 383 United States Court of Appeals, Sixth Circuit.
Jennifer MASON, et al., Plaintiffs-Appellees, v.
LOCKWOOD, ANDREWS & NEWNAM, P.C., a Michigan corporation; Lockwood, Andrews &
Newnam, Inc., a Texas corporation, Defendants-Appellants,
Leo A. Daly Company, a Nebraska corporation, Defendant.
No. 16-2313 |
Argued: November 7, 2016 |
Decided and Filed: November 16, 2016
Synopsis Background: Residents of Michigan city, whose drinking water was contaminated with lead due to alleged negligence of civil engineering firms in purportedly failing to ensure that river water diverted to provide drinking water for city received proper anti-corrosive treatment, brought class action suit against engineering firms, which was removed from Michigan state court to federal court under the Class Action Fairness Act (CAFA). Plaintiffs moved to remand. The United States District Court for the Eastern District of Michigan, John Corbett O’Meara, J., granted motion, and defendants appealed.
Holdings: The Court of Appeals, Griffin, Circuit Judge, held that:
district court did not clearly err in finding that it was more likely than not that more than two-thirds of proposed plaintiff class were citizens of the State of Michigan, as required for remand of action under “local controversy” exception to the CAFA, abrogating Lancaster v. Daymar Colleges Grp., LLC, 2012 WL 884898 (W.D. Ky.), and
conduct of local professional company established by civil engineering company to perform quality control work on project for which engineering company had been hired by State of Michigan, involving diversion of river water to provide drinking water for city, “form[ed] a significant basis for the claims asserted by the proposed plaintiff class.”

Affirmed.
Kethledge, Circuit Judge, filed dissenting opinion.
Procedural Posture(s): On Appeal.
*385 Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. No. 5:16-cv-10663—John Corbett O’Meara, District Judge.
Attorneys and Law Firms
ARGUED: S. Vance Wittie, SEDGWICK LLP, Dallas, Texas, for Appellants. Mark L. McAlpine, MCALPINE PC, Auburn Hills, Michigan, for Appellees. ON BRIEF: S. Vance Wittie, SEDGWICK LLP, Dallas, Texas, Robert G. Kamenec, PLUNKETT COONEY, Bloomfield Hills, Michigan, for Appellants. Mark L. McAlpine, Jayson E. Blake, Adam T. Schnatz, MCALPINE PC, Auburn Hills, Michigan, for Appellees.
Before: GRIFFIN, KETHLEDGE, and DONALD, Circuit Judges.
GRIFFIN, J., delivered the opinion of the court in which DONALD, J., joined. KETHLEDGE, J. (pp. –––– – ––––), delivered a separate dissenting opinion.
OPINION
GRIFFIN, Circuit Judge.
This state-law professional negligence proposed class action suit arises out of the Flint Water Crisis, a public health disaster that drew national media coverage when the City of Flint decided to supply water to its residents using the Flint River without implementing necessary anti-corrosion *386 measures. The series of events precipitating the tragedy have little to do with the issue before us on appeal. We deal, instead, with a question of procedure: must plaintiffs litigate their claim in state or federal court? In 2005, Congress revised the contours of federal diversity jurisdiction, making it easier to remove class actions to federal court, while at the same time providing an exception for cases that are “truly local in nature,” commonly called the “local controversy”

Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

exception. The parties dispute whether plaintiffs’ claim against defendants (civil engineering companies responsible for upgrading Flint’s municipal water system) belongs in state court under this exception. Though the Flint Water Crisis captured the attention of the nation, its infamy does not make it any less local. Because plaintiffs’ suit consists of a proposed class of more than two-thirds Michigan citizens, a significant local defendant, and injuries limited to the reach of Flint’s water system, it satisfies the statutory requirements of the local controversy exception. We therefore affirm the district court’s decision to remand this case to state court.
I.
In 2005, Congress enacted the Class Action Fairness Act (CAFA) in response to “perceived abusive practices by plaintiffs and their attorneys in litigating major class actions with interstate features in state courts.” Coffey v. Freeport McMoran Copper & Gold, 581 F.3d 1240, 1243 (10th Cir. 2009). CAFA “loosened the requirements for diversity jurisdiction,” Mississippi ex rel. Hood v. AU Optronics Corp., ––– U.S. ––––, 134 S.Ct. 736, 739, 187 L.Ed.2d 654 (2014), authorizing federal district courts to “hear a ‘class action’ if the class has more than 100 members, the parties are minimally diverse, and the ‘matter in controversy exceeds the sum or value of $5,000,000.’ ” Standard Fire Ins. Co. v. Knowles, ––– U.S. ––––, 133 S.Ct. 1345, 1348, 185 L.Ed.2d 439 (2013) (quoting 28 U.S.C. § 1332(d)(2), (d)(5)(B)). That expansion of diversity jurisdiction was with exceptions. See 28 U.S.C. § 1332(d)(3), (d)(4)(A), (d)(4)(B). One, which Congress called the “Local Controversy Exception,” S. Rep. No. 109-14 (2005), reprinted in 2005 U.S.C.C.A.N. 3, 28, is codified at § 1332(d)(4)(A). Under this exception, “[a] district court shall decline to exercise jurisdiction ... over a class action” if:
(I) greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed;
(II) at least 1 defendant is a defendant—
(aa) from whom significant relief is sought by members of the plaintiff class;
(bb) whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class; and

(cc) who is a citizen of the State in which the action was originally filed; and
(III) principal injuries resulting from the alleged conduct or any related conduct of each defendant were incurred in the State in which the action was originally filed; and
(ii) during the 3-year period preceding the filing of that class action, no other class action has been filed asserting the same or similar factual allegations against any of the defendants on behalf of the same or other persons[.]
§ 1332(d)(4)(A). If these four elements are present, the district court must abstain *387 from hearing the case, despite having jurisdiction under § 1332(d)(2).
Like all statutes, the text of CAFA controls. Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 61 L.Ed. 442 (1917); Vander Boegh v. EnergySolutions, Inc., 772 F.3d 1056, 1060 (6th Cir. 2014). In this regard, its text must be read as a whole, not in isolation. United States v. Morton, 467 U.S. 822, 828, 104 S.Ct. 2769, 81 L.Ed.2d 680 (1984). The relaxation of normal diversity requirements is coupled with an exception for local controversies. The terms of the statute balance considerations of federalism—a balance defined by Congress, but implemented and respected by the federal courts.
II.
In April 2013, the City of Flint, Michigan, decided to switch its primary drinking water provider from the Detroit Water and Sewerage Department (“DWSD”) to the newly formed Karegnondi Water Authority (“KWA”). The KWA would not be operational for another three years, however, so Flint needed an interim source of drinking water. It decided to draw from the Flint River, which had previously supplied back-up water services to the City. Relying on the Flint River, however, posed a few problems. According to several reports, the river was a highly sensitive drinking water source that required anti-corrosive treatment in order to prevent heavy metals from leaching into the water. On top of that, these issues needed to be remedied quickly, as the City’s contract with DWSD was set to expire a year later in April 2014.
The City turned to Lockwood, Andrews & Newnam, Inc., a Texas-based corporation that touted itself as a “national

Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

leader in the heavy civil infrastructure engineering industry,” and its Michigan-based affiliate, Lockwood, Andrews & Newnam, P.C. (collectively, “defendants”) for assistance. On June 26, 2013, the City entered into a contract with defendants for design engineering services in connection with rehabilitating Flint’s Water Treatment Plant (“the Plant”). After confirming with City officials that they could make the necessary improvements and provide the necessary “quality control” in time for the April 2014 switch, defendants proceeded to develop rehabilitation plans for the Plant. In April 2014, the Michigan Department of Environmental Quality approved defendants’ rehabilitation plans. Notably, the plan did not include necessary upgrades for anti-corrosive treatment measures. Indeed, earlier that month, defendants and officials from the City and the Michigan Department of Environmental Quality considered the issue, but decided that more data was advisable before implementing any measures for “optimization for lead.”
On April 25, 2014, the City of Flint began supplying its residents drinking water from the Flint River. The harmful effects were as swift as they were severe. Within days, residents complained of foul smelling and tasting water. Within weeks, some residents’ hair began to fall out and their skin developed rashes. And within a year, there were positive tests for E. coli, a spike in deaths from Legionnaires’ disease, and worst of all, reports of dangerously high blood lead levels in Flint children. All of this resulted, according to one expert who studied the crisis, because the “water from the Flint River was 19 times more corrosive than the water pumped from Lake Huron by the DWSD, and that without corrosion control treatment, lead was leaching out of the lead-based service lines at alarming rates and finding its way to the homes of Flint’s residents.” In his view, it was “predictable,” but preventable.
*388 III.
On January 25, 2016, eight Flint residents filed suit in state court, alleging one count of professional negligence against defendants. Plaintiffs contended that defendants knew the Plant required upgrades for lead contamination treatment, yet failed to ensure such safeguards were implemented as part of the rehabilitation, resulting in widespread personal injuries and property damage. They sought relief on behalf of themselves and all other similarly situated “residents and property owners in the City of Flint” who used water from the Flint River from April 25, 2014, to the present day.

Defendants removed the action to federal court on the basis of diversity jurisdiction under 28 U.S.C. § 1332(d)(2). Plaintiffs filed a motion to remand to state court. They did not contest the basic requirements for diversity jurisdiction under CAFA. They argued instead that the mandatory “local controversy” exception to CAFA jurisdiction applied. Plaintiffs asserted that the class citizenship and principal injuries elements were not in dispute, citing the allegations in their complaint that the class consisted of Flint residents and that their injuries were suffered in Flint. They also argued that LAN, P.C., a Michigan professional corporation, was a significant defendant because it was the entity responsible under Michigan law for certifying that defendants’ work satisfied applicable standards of care. Finally, they contended that no party had filed a similar suit against defendants in the past three years.
Defendants countered that the class citizenship element was very much in dispute and that the mere allegation of residency, alone, was not sufficient to establish citizenship. Defendants also argued that the mere fact that LAN, P.C. certified the engineering plans does not establish its conduct formed a significant basis of plaintiffs’ negligence claim. Rather, LAN, Inc., a Texas corporation, was the more significant defendant since it contracted with Flint to provide the engineering services that plaintiffs alleged were negligently performed.
The district court granted plaintiffs’ motion to remand. It found that more than two-thirds of the putative class members were likely Michigan citizens. Relying primarily on the rebuttable presumption of domicile based on residency and the absence of any contrary evidence, the court also observed that the proposed class consisted of residents who, over a relatively limited period of time, experienced a continuing injury localized in Flint. The court also found that LAN, P.C.’s (the Michigan defendant’s) conduct formed a significant basis of plaintiffs’ claim because defendants’ engineering services were provided “through LAN, P.C.”
Defendants timely petitioned for permission to appeal, which this court granted on September 20, 2016. In re Lockwood, Andrews & Newnam, P.C., No. 16-0102, at 2 (6th Cir. Sept. 20, 2016). Our order initiated a 60-day clock in which we are required to issue a decision. In re Mortg. Elec. Registration Sys., Inc., 680 F.3d 849, 853 (6th Cir. 2012).

Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

IV.
A.
We begin our analysis on an issue that enjoys unanimity, both between the parties and among the circuits, but which is nonetheless an important starting point: the burden of proof. The parties and every circuit to have addressed this issue all agree that the party seeking to remand under an exception to CAFA bears the burden of establishing each element of the exception by a preponderance of the evidence. *389 See Woods v. Standard Ins. Co., 771 F.3d 1257, 1262 (10th Cir. 2014); Westerfeld v. Indep. Processing, LLC, 621 F.3d 819, 822 (8th Cir. 2010); Greenwich Fin. Servs. Distressed Mortg. Fund 3 LLC v. Countrywide Fin. Corp., 603 F.3d 23, 26 (2d Cir. 2010); In re Hannaford Bros. Co. Customer Data Sec. Breach Litig., 564 F.3d 75, 78 (1st Cir. 2009); Kaufman v. Allstate N.J. Ins. Co., 561 F.3d 144, 153 (3d Cir. 2009); Serrano v. 180 Connect, Inc., 478 F.3d 1018, 1024 (9th Cir. 2007); Hart v. FedEx Ground Package Sys. Inc., 457 F.3d 675, 680 (7th Cir. 2006); Frazier v. Pioneer Ams. LLC, 455 F.3d 542, 546 (5th Cir. 2006); Evans v. Walter Indus., Inc., 449 F.3d 1159, 1164 (11th Cir. 2006).
We agree with the universal wisdom of our sister circuits for two, interrelated reasons. First, the language of “local controversy” exception indicates that it is not part of the initial jurisdictional calculus. Section 1332(d)(4) provides that “[a] district court shall decline to exercise jurisdiction under paragraph (2)” if certain conditions are met. Congress’s use of “decline” is important. It necessarily implies a prior determination of jurisdiction, since “a court could not ‘decline’ jurisdiction that it never had in the first place.” Clark v. Lender Processing Servs., 562 Fed.Appx. 460, 465 (6th Cir. 2014). Second, the longstanding rule is that “whenever the subject matter of an action qualifies it for removal, the burden is on a plaintiff to find an express exception.” Breuer v. Jim’s Concrete of Brevard, Inc., 538 U.S. 691, 698, 123 S.Ct. 1882, 155 L.Ed.2d 923 (2003). Just as nothing in CAFA alters the traditional rule that the removing party bears the burden of establishing the jurisdictional elements, see Smith v. Nationwide Prop. & Cas. Ins. Co., 505 F.3d 401, 404 (6th Cir. 2007), we find nothing in the statute indicating that Congress intended to upend Breuer’s traditional rule. We therefore hold that the party seeking to remand bears the burden of establishing an exception to CAFA jurisdiction by a preponderance of the evidence.
Plaintiffs, as the moving party, must establish all four

elements of the local controversy exception. But, as defendants only contest the two-thirds citizenship and “significant basis” requirements, we confine our inquiry to those elements. We take each in turn.
B.
The first element of the local controversy exception requires the movant to show that “greater than two-thirds of the members of all proposed plaintiff classes in the aggregate are citizens of the State in which the action was originally filed[.]” § 1332(d)(4)(A)(I). “Citizen” and its variant “citizenship” have acquired a particular meaning in our law as being equivalent to “domicile.” Von Dunser v. Aronoff, 915 F.2d 1071, 1072 (6th Cir. 1990) (“State citizenship ... is equated with domicile.”); see also N.L.R.B. v. Amax Coal Co., a Div. of Amax, 453 U.S. 322, 329, 101 S.Ct. 2789, 69 L.Ed.2d 672 (1981) (“Where Congress uses terms that have accumulated settled meaning ..., a court must infer, unless the statute otherwise dictates, that Congress means to incorporate the established meaning of these terms.”). Thus, although the statute speaks in terms of citizenship, a party invoking the local controversy exception is effectively tasked with establishing the domicile of the proposed class members.
According to their complaint, plaintiffs seek to represent all “residents and property owners in the City of Flint” who used water from the Flint River from April 25, 2014, to the present day, and were thereby injured by defendants’ professional negligence. Defendants contend that the district court erred in finding that, more likely *390 than not, two-thirds of this proposed class were citizens of Michigan.
In evaluating defendants’ challenge, two long-standing propositions of law inform our analysis. The first relates to our standard of review: an appellate court will not disturb a district court’s factual findings, including those regarding the citizenship of parties, “unless the record leaves us with the definite and firm conviction that a mistake has been committed.” Ne. Ohio Coal. for the Homeless v. Husted, 837 F.3d 612, 625 (6th Cir. 2016) (bracketing and quotation marks omitted); Cameron v. Children’s Hosp. Med. Ctr., 131 F.3d 1167, 1170 (6th Cir. 1997) (recognizing that citizenship is question of fact). The second relates to the substantive law of domicile: the law affords a rebuttable presumption that a person’s residence is his domicile. See, e.g., D.C. v. Murphy, 314 U.S. 441, 455, 62 S.Ct. 303, 86 L.Ed. 329 (1941). Taken together, these principles lead us to affirm

Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

the district court’s holding that plaintiffs satisfied the two-thirds citizenship requirement.
In elemental terms, domicile consists of (1) residence and (2) an intent to remain there. Miss. Band of Choctaw Indians v. Holyfield, 490 U.S. 30, 48, 109 S.Ct. 1597, 104 L.Ed.2d 29 (1989). In practice, however, the law of domicile has long been one of presumptions. In his Commentaries on the Conflict of Laws, for example, Joseph Story listed over a dozen such presumptions, including: a person’s place of birth is presumptively their domicile; a child’s domicile is presumptively that of their parents; and, most important for our purposes, “primâ facie, the place, where a person lives, is taken to be his domicil, until other facts establish the contrary.” Joseph Story, Commentaries on the Conflict of Laws, § 46 (5th ed. 1857).
In recognizing the primacy of residency in the domicile calculus, Story was simply drawing from established legal tradition. As early as 1790, England’s House of Lords declared that “[a] person’s being at a place is primâ facie evidence that he is domiciled at that place, and it lies on those who say otherwise to rebut that evidence.” Bruce v. Bruce, 2 Bos. & Pull. 229, note (a). Not long after, the presumption made its way into American law. See 10 Am. & Eng. Ency. Law, Domicile, at 22 (2d ed.) (collecting early state and federal cases). In 1852, the United States Supreme Court announced that “[w]here a person lives, is taken primâ facie to be his domcil, until other facts establish the contrary.” Ennis v. Smith, 55 U.S. 400, 423, 14 How. 400, 14 L.Ed. 472 (1852). And in the 150 years since, the rule of thumb on residency and domicile has remained fixed: “The place where a man lives is properly taken to be his domicile until facts adduced establish the contrary.” Murphy, 314 U.S. at 455, 62 S.Ct. 303; Anderson v. Watts, 138 U.S. 694, 706, 11 S.Ct. 449, 34 L.Ed. 1078 (1891); Mitchell v. United States, 88 U.S. 350, 352, 21 Wall. 350, 22 L.Ed. 584 (1874); Hollinger v. Home State Mut. Ins. Co., 654 F.3d 564, 571 (5th Cir. 2011); Krasnov v. Dinan, 465 F.2d 1298, 1300 (3d Cir. 1972); Walden v. Broce Const. Co., 357 F.2d 242, 245 (10th Cir. 1966); Fort Knox Transit v. Humphrey, 151 F.2d 602, 602 (6th Cir. 1945); 28 C.J.S. Domicile § 45; 39 Am. Jur. Proof of Facts 2d 587, § 8.
We emphasize the historical pedigree of the residency-domicile presumption because the district court primarily based its finding that plaintiffs met their burden under § 1332(d)(4)(A)(I) on the same. As a class that consists of Flint residents, the district court was correct, in light of the long-standing authority charted above, to afford plaintiffs the rebuttable presumption that each resident class member was domiciled there. Rather than rebut the presumption with evidence undermining *391

the inference, defendants countered that merely alleging residency cannot, as a matter of law, suffice to satisfy the burden of demonstrating citizenship.
In support of their assertion, defendants point to a competing line of case law holding that “naked averment of ... residence ... is insufficient to show his citizenship.” Robertson v. Cease, 97 U.S. 646, 648, 24 L.Ed. 1057 (1878). This principle also enjoys a rich pedigree in our law. See, e.g., Bingham v. Cabot, 3 U.S. (3 Dall.) 382, 383–84, 1 L.Ed. 646 (1798) (“str[iking] off the docket” many cases that alleged residence rather than citizenship); Steigleder v. McQuesten, 198 U.S. 141, 143, 25 S.Ct. 616, 49 L.Ed. 986 (1905) (“[I]t has long been settled ... that a mere averment of residence in a particular state is not an averment of citizenship in that state for the purposes of jurisdiction.”). More significantly for defendants, many cases, including several from the CAFA context, have explicitly rejected the residency-domicile presumption based on the proposition that mere averment of residency cannot establish citizenship. See, e.g., Reece v. AES Corp., 638 Fed.Appx. 755, 769 (10th Cir. 2016) (stating in the CAFA exception context, “To be sure, the place of residence is prima facie the domicile. But allegations of mere residence may not be equated with citizenship” (internal quotations omitted)); Johnson v. Advance Am., 549 F.3d 932, 937 n.2 (4th Cir. 2008) (“For purposes of diversity jurisdiction, residency is not sufficient to establish citizenship.”).
On closer inspection, however, we are not persuaded this line of cases presents compelling authority for rejecting the residency-domicile presumption in this case. The reason for this lies in the context from which the “mere averment of residency” line of cases emerged—federal subject-matter jurisdiction.
In that context, “[t]he established rule is that a plaintiff, suing in a federal court, must show in his pleading, affirmatively and distinctly, the existence of whatever is essential to federal jurisdiction[.]” Smith v. McCullough, 270 U.S. 456, 459, 46 S.Ct. 338, 70 L.Ed. 682 (1926). This long-settled principle derives from the fact that federal courts are courts of limited jurisdiction. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). As a consequence of this restriction on federal judicial power, federal jurisdiction may not be “maintained by mere averment,” McNutt v. Gen. Motors Acceptance Corp. of Indiana, 298 U.S. 178, 189, 56 S.Ct. 780, 80 L.Ed. 1135 (1936), “inferred argumentatively,” Brown v. Keene, 33 U.S. 112, 115, 8 Pet. 112, 8 L.Ed. 885 (1834), or “supplied by inference,” La Belle Box Co. v. Stricklin, 218 F. 529, 533 (6th Cir. 1914). Put differently, and in terms germane to the present discussion, there is a presumption against

Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

federal jurisdiction. Kokkonen, 511 U.S. at 377, 114 S.Ct. 1673; Thomas v. Bd. of Trustees of the Ohio State Univ., 195 U.S. 207, 218, 25 S.Ct. 24, 49 L.Ed. 160 (1904); Vander Boegh, 772 F.3d at 1064.
The tension between the residency-domicile presumption and the presumption against federal jurisdiction came to a head in Robertson v. Cease, 97 U.S. 646, 24 L.Ed. 1057 (1878). In that case, the plaintiff argued that “a general allegation of residence, without indicating the character of such residence, whether temporary or permanent, made a prima facie case of right to sue in the Federal courts.” Id. at 649. The Court rejected the contention because, “[a]s the jurisdiction of the Circuit Court is limited in the sense that it has none except that conferred by the Constitution and laws of the United States, the presumption ... is[ ] that a cause is without its jurisdiction unless the contrary affirmatively appears.” Id. at 649. From *392 the Court’s view, in being asked to adopt the residency-domicile presumption, it was, “in effect, asked, in support of the jurisdiction of the court below, to infer argumentatively, from the mere allegation of ‘residence,’ that ... [the plaintiff] had a fixed permanent domicile in [Illinois].” Id. at 650. The Court could not accept that proposition because, under well-settled precedent defining the federal courts’ diversity jurisdiction, the facts establishing diversity jurisdiction could not “be inferred argumentatively from its averments,” id. at 650 (quoting Brown, 33 U.S. at 115), but rather must “be distinctly and positively averred in the pleadings,” id. at 649.
By tracing the origin of the “mere averment of residency” line of cases, we see that the residency-domicile presumption was not rejected because it was specious (indeed, Robertson could “not ... den[y] that there is some force in the[ ] suggestion[ ],” id.), but because, in the unique context of federal diversity jurisdiction, a contrary presumption of constitutional import takes precedence. See Mansfield, C. & L.M. Ry. Co. v. Swan, 111 U.S. 379, 382, 4 S.Ct. 510, 28 L.Ed. 462 (1884) (“[T]he rule, springing from the nature and limits of the judicial power of the United States, is inflexible and without exception.”); Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541, 106 S.Ct. 1326, 89 L.Ed.2d 501 (1986) (rooting federal courts’ limited jurisdiction in Article III of the Constitution).
Though the residency-domicile presumption did not prevail against the unrelenting headwinds of limited federal jurisdiction, there is no reason it should suffer a similar fate under the local controversy exception. As established at the outset of our analysis, the local controversy exception is not jurisdictional. See also Clark, 562 Fed.Appx. at 465 (holding that “the exceptions are not jurisdictional”); Visendi v. Bank of Am., N.A., 733

F.3d 863, 869 (9th Cir. 2013) (same); Gold v. N.Y. Life Ins. Co., 730 F.3d 137, 142 (2d Cir. 2013) (same); Morrison v. YTB Int’l, Inc., 649 F.3d 533, 536 (7th Cir. 2011) (same); Graphic Commc’ns Local 1B Health & Welfare Fund A v. CVS Caremark Corp., 636 F.3d 971, 973 (8th Cir. 2011) (same). Thus, a party asserting the exception does not encounter a similar countervailing presumption that neutralizes residency’s presumptive force in establishing domicile. In this context, it would function like a rebuttable presumption does in any other setting: shifting the burden to the opposing party to rebut the inference and permitting, but not requiring, the district court to find the ultimate fact. See, e.g., 2 McCormick On Evid. § 342 (7th ed.).
Indeed, the residency-domicile presumption fits particularly well in the CAFA exception context, where the moving party is tasked with demonstrating a fact-centered proposition about a mass of individuals, many of whom may be unknown at the time the complaint is filed and the case removed to federal court. See Nicole Ochi, Are Consumer Class and Mass Actions Dead? Complex Litigation Strategies After CAFA & MMTJA, 41 Loy. L.A. L. Rev. 965, 1030 (2008) (“To achieve the objective of these [CAFA] exceptions, courts should grant plaintiffs a presumption of citizenship when they define their classes according to state residency.”); Stephen J. Shapiro, Applying the Jurisdictional Provisions of the Class Action Fairness Act of 2005: In Search of a Sensible Judicial Approach, 59 Baylor L. Rev. 77, 135 (2007) (advocating the same). The citizenship inquiry under the local controversy exception should not be “exceptionally difficult,” Mondragon v. Capital One Auto Fin., 736 F.3d 880, 886 (9th Cir. 2013), but instead “practical and reasonable.” Hollinger, 654 F.3d at 572. Affording the moving party a rebuttable presumption of citizenship *393 based on residency avoids the exceptional difficulty of proving the citizenship of a class of over 100 individuals, given the nature and timing of the citizenship inquiry under the local controversy exception. See id. at 573 (5th Cir. 2011) (“[W]here a proposed class is discrete in nature, a common sense presumption should be utilized in determining whether citizenship requirements have been met.”).
Those circuits that have rejected the rebuttable presumption in the CAFA context have relied on case law addressing federal subject-matter jurisdiction. See Reece, 638 Fed.Appx. at 769 (citing Whitelock v. Leatherman, 460 F.2d 507, 514 (10th Cir. 1972) (“[A]llegations of mere ‘residence’ may not be equated with ‘citizenship’ for the purposes of establishing diversity.”)); In re Sprint Nextel Corp., 593 F.3d at 673 (citing Meyerson v. Harrah’s E. Chicago Casino, 299 F.3d 616, 617 (7th Cir. 2002) (“[R]esidence and citizenship are not synonyms

Mason v. Lockwood, Andrews & Newnam, P.C., 842 F.3d 383 (2016)

and it is the latter that matters for purposes of the diversity jurisdiction.”)); Preston v. Tenet Healthsystem Mem’l Med. Ctr., Inc., 485 F.3d 793, 799 (5th Cir. 2007) (citing Mas v. Perry, 489 F.2d 1396, 1399 (5th Cir. 1974) (“For diversity purposes, citizenship means domicile; mere residence in the State is not sufficient.”)). However, these decisions extended the “mere averment of residency” principle without accounting for its underlying rationale. The sole basis for eschewing the residency-domicile presumption in Robertson was the countervailing, “inflexible” presumption against federal jurisdiction. Swan, 111 U.S. at 382, 4 S.Ct. 510; see Robertson, 97 U.S. at 649–50. Because the local controversy exception is not jurisdictional, the premise of Robertson and its jurisdictional progeny is missing here. Given this material distinction, the line of cases defendants rely on provides no basis for rejecting the residency-domicile presumption in this case.
One district court in our circuit has previously rejected the rebuttable presumption of citizenship for a different, albeit equally unpersuasive, reason. In Lancaster v. Daymar Colleges Grp., LLC, the district court declined to adopt the presumption as inconsistent with the proposition that the movant bears the burden of proving citizenship. No. 3:11–CV–157–R, 2012 WL 884898, at *3 (W.D. Ky. Mar. 14, 2012). But this proves too much. Under this rationale, rebuttable presumptions would cease to exist, since the only circumstance in which they serve any purpose is when the beneficiary of the presumption also bears the burden of proof. 1 Jones on Evidence § 4:2 (7th ed.) (“The underlying purpose and impact of a presumption is to affect the burden of proving or disproving the presumed fact.”). There is nothing inconsistent with placing the burden of proof on a particular party and also affording them a rebuttable presumption as one way of shouldering that burden. Indeed, our law is quite familiar with the concept. See, e.g., St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502, 506–07, 113 S.Ct. 2742, 125 L.Ed.2d 407 (1993) (affording Title VII plaintiff a rebuttable presumption of unlawful discrimination if she establishes a prima facie case); see also 2 McCormick On Evid. § 343 (7th ed.) (listing other popular presumptions).
In a similar vein, defendants contend that our approach was rejected by the Seventh Circuit as “guesswork. Sensible guesswork, based on a sense of how the world works, but guesswork nonetheless.” In re Sprint Nextel Corp., 593 F.3d at 674. Again, this criticism can be made about presumptions generally. Presumptions are nothing more than common sense inferences “enlightened by human knowledge and experience.” 31A C.J.S. Evidence § 204. They are, to use Sprint’s phrase, the law’s recognition of “how the world *394 works.” Defendants’

argument constitutes a wholesale rejection of presumptions generally, a position we are disinclined to adopt in the absence of any reason to do so. Having distinguished the only line of authority that other cases have cited to reject the residency-domicile presumption, we see no reason to close our eyes to a centuries-old inference that a person’s residence is presumptively his domicile.
The dissent takes issue with our analysis because it purportedly conflicts with the principle of abstention that we have a “virtually unflagging obligation” to exercise jurisdiction given to us. Because we have “no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given,” the dissent contends, “we cannot presume a fact that allows us to decline jurisdiction, any more than we can presume a fact that allows us to find that jurisdiction exists in the first place.” (first quoting Cohens v. State of Virginia, 19 U.S. 264, 404, 6 Wheat. 264, 5 L.Ed. 257 (1821)).
The dissent’s recitation of abstention principles is accurate, but the conclusion it draws from them does not follow. The abstention doctrines the dissent invokes are judge-made exceptions to the powerful default rule that Congress alone has the constitutional authority to define the contours of federal jurisdiction. Zwickler v. Koota, 389 U.S. 241, 248, 88 S.Ct. 391, 19 L.Ed.2d 444 (1967). Thus, our “virtually unflagging obligation” stems from a deep sense of prudence, if not constitutional obedience, to listen when Congress directs federal courts to assume jurisdiction over particular controversies. See New Orleans Pub. Serv., Inc. v. Council of City of New Orleans, 491 U.S. 350, 359, 109 S.Ct. 2506, 105 L.Ed.2d 298 (1989) (“Underlying these assertions is the undisputed constitutional principle that Congress, and not the Judiciary, defines the scope of federal jurisdiction within the constitutionally permissible bounds.”). But it is because common law abstention reflects a departure from the constitutional norm that the Supreme Court placed strict rules on its use. It is for this reason that the Supreme Court has admonished that abstention is an “extraordinary and narrow exception,” Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 813, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976), only to be invoked in “narrowly limited ‘special circumstances,’ ” Zwickler, 389 U.S. at 248, 88 S.Ct. 391 (1967), and on only the “clearest of justifications,” Rouse v. DaimlerChrysler Corp., 300 F.3d 711, 715 (6th Cir. 2002) (quoting Colorado River, 424 U.S. at 819, 96 S.Ct. 1236).
But all of these common law restrictions on abstention have no place here because Congress has expressly directed courts to decline jurisdiction over local controversies. For this reason, we disagree with the

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dissent’s assertion that “[w]e have nothing like a clear justification for abstention here”—Congress has provided all the justification we need in § 1332(d)(4)(A). We would agree with the dissent that we have a “virtually unflagging obligation” to not decline jurisdiction when Congress’s only word on the matter is to exercise jurisdiction. But, when Congress directs something different, our obligation remains with the Constitution and the text of the statute enacted by Congress. And here Congress directed something different. In enacting CAFA, Congress expanded diversity jurisdiction while carving out an exception for “local controversies.” Read together and in harmony, CAFA’s provisions explicitly instruct federal district courts to remand class action cases that satisfy the elements of § 1332(d)(4)(A), notwithstanding the fact that the jurisdictional requisites are met. In light of Congress’s explicit directive to decline jurisdiction, the dissent’s *395 common law abstention principles—born as they were in the context of judicial insubordination toward Congress—are inapplicable.
Furthermore, we would be remiss if we did not also observe that defendants drew the very same residency-domicile inference in their notice of removal. In their notice, defendants alleged that minimal diversity existed because “Plaintiffs were citizens of the State of Michigan.” And in support, defendants cited paragraph 2 of the first amended complaint, which merely alleged residency, not citizenship. Yet, defendants insist plaintiffs cannot draw the same inference when it comes to similarly situated Flint residents. Were we to take defendants’ and the dissent’s argument to its logical end point, we would be compelled—on the very authority that defendants argue requires this case remain in federal court—to conclude that defendants failed to establish the citizenship requirement of federal diversity jurisdiction.
In addition to the presumptive force of residency, there are other attributes of plaintiffs’ proposed class that bolster the inference that the putative class members, as residents of Flint, intend to remain there indefinitely. First, according to plaintiffs’ class definition, the class members have continuously resided in Flint, Michigan, for several years. Nat’l Artists Mgmt. Co. v. Weaving, 769 F.Supp. 1224, 1228 (S.D.N.Y. 1991) (listing as a relevant domicile consideration “the nature of the residence (i.e., how permanent the living arrangement appears)”); Restatement (Second) of Conflict of Laws, Chapter 2: Domicile, Topic 2 Spec. Note (1971) (“Residing for a considerable time in a place is persuasive evidence of domicil there ....”). In this respect, the district court astutely observed, “There are no circumstances—such as a large number of college students, military personnel, owners of second homes, or other temporary residents—suggesting that these Flint residents are

anything other than citizens of Michigan.” Moreover, by definition, the putative class members are property owners, another strong indicator of domicile. Edick v. Poznanski, 6 F.Supp.2d 666, 669 (W.D. Mich. 1998) (citing 1 Moore’s Federal Practice ¶ 0.74[3.3] (1991 & Supp. 1993)). Finally, it bears mentioning that Flint, Michigan, is nowhere near a state line (it lies near the crook of the thumb in the figurative “Michigan hand”), which further undermines the notion that the traditional residency-domicile inference is not appropriate in this particular case.
Against this backdrop, defendants submitted no evidence to rebut the presumption that the putative class members were citizens of Michigan. Instead, they merely relied on case law from other circuits stating that mere allegations of residency are not sufficient to establish citizenship. They did so at their peril. In light of the long-standing presumption of domicile based on residency, the additional domicile factors apparent from the class definition, and the complete absence of any evidence tending to rebut the presumption of domicile based on residency, we hold that the district court did not clearly err in finding that, more likely than not, more than two-thirds of the proposed class of Flint residents were Michigan citizens.
C.
Defendants also contest the district court’s finding that LAN, P.C.’s “alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class.” 28 U.S.C. § 1332(d)(4)(A)(i)(II)(bb).
We have yet to interpret this provision, but those circuits that have are in general agreement that this provision “effectively calls for comparing the local defendant’s *396 alleged conduct to the alleged conduct of all the Defendants.” Kaufman, 561 F.3d at 156; see also Woods, 771 F.3d at 1266 (following Kaufman); Westerfeld, 621 F.3d at 825 (same). “The local defendant’s alleged conduct must be an important ground for the asserted claims in view of the alleged conduct of all the Defendants.” Kaufman, 561 F.3d at 157. After taking into account the totality of the conduct forming the basis of plaintiff’s claims, we must consider whether “the local defendant’s alleged conduct is a significant part of the alleged conduct of all the Defendants[.]” Id. at 156. If so, the “significant basis” provision is satisfied.
This case involves a single claim of professional

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negligence against three defendants: LAN, P.C. (a Michigan corporation), LAN, Inc. (a Texas corporation), and Leo A. Daly Company (a Nebraska corporation). The conduct underlying plaintiffs’ claim is the provision of engineering design services in connection with upgrades to Flint’s Water Treatment Plant, including drafting and implementing the engineering plans and providing “quality control” measures.
We begin with the third defendant, Leo A. Daly Company. Plaintiffs’ complaint does not allege that Leo A. Daly Company engaged in any engineering services. Instead, plaintiffs allege that Leo A. Daly Company is LAN, P.C.’s and LAN, Inc.’s corporate alter ego, thereby making Leo A. Daly Company vicariously liable for LAN’s tortious conduct. Given plaintiffs’ theory of liability, Leo A. Daly Company’s role in plaintiffs’ negligence claim is minimal at best.
That leaves LAN, P.C. and LAN, Inc. The complaint alleges professional negligence against both defendants and further alleges that all engineering work was conducted “through LAN, P.C.” More specifically, the complaint alleges that LAN, P.C. was formed to conduct LAN, Inc.’s work in Michigan, and that Flint relied on LAN, P.C.—as the LAN entity that “work[ed] with several water systems around the state”—to “perform quality control.” The failure to provide that quality control is the very core of plaintiffs’ professional negligence claim. We therefore agree with the district court that LAN, P.C.’s conduct forms an “important” and integral part of plaintiffs’ professional negligence claim.
Defendants argue that the professional services agreement with the City shows that its professional relationship was with LAN, Inc., not LAN, P.C. Even assuming we may properly consider this extrinsic evidence, compare Coleman v. Estes Exp. Lines, Inc., 631 F.3d 1010, 1015 (9th Cir. 2011) (limiting scope of “significant basis” inquiry to complaint), with Evans, 449 F.3d at 1167–68 (considering extrinsic evidence under “significant basis” provision), it does not alter our conclusion. That Flint formally contracted with LAN, Inc. is not inconsistent with plaintiffs’ allegation that LAN, Inc. provided its services “through LAN, P.C.” Moreover, the agreement acknowledges that LAN, Inc. would not be the only entity providing the services. It states that “all of the obligations required by [LAN, Inc.] under this Contract shall be performed by [LAN, Inc.] or by others employed by him and working under his direction and control.” This buttresses plaintiffs’ allegation that LAN, P.C., as the LAN entity that “work[ed] with several water systems around the state,” was responsible for “perform[ing] quality control,” and was the entity “through” which defendants provided their engineering services.

Defendants also argue that, according to plaintiffs’ own complaint, LAN, P.C. conducted a majority of its business in LAN, Inc.’s Chicago office. However, the “significant basis” provision is not concerned with where the conduct occurred, but rather with who engaged in the conduct. *397 § 1332(d)(4)(A)(i)(II)(bb) (requiring that a local defendant be a defendant “whose alleged conduct forms a significant basis for the claims ....” (emphasis added)). LAN, P.C. is a Michigan corporation and its conduct—regardless of where it is carried out—is evaluated against that of the other defendants. The allegations that LAN, P.C. was responsible for quality control, in conjunction with the allegation that defendants’ engineering work in Flint was conducted “through LAN P.C.,” are sufficient to establish that LAN, P.C.’s conduct forms a “significant basis” of plaintiffs’ professional negligence claim.
V.
For the foregoing reasons, we agree with the district court that plaintiffs established the class citizenship and significant basis requirements of the local controversy exception to CAFA. It is also important that we not lose sight of the forest for the trees. The local controversy exception exists to ensure that “a truly local controversy—a controversy that uniquely affects a particular locality to the exclusion of all others”—remains in state court. S. Rep. No. 109-14, 39 (2005), reprinted in 2005 U.S.C.C.A.N. 3, 38. By that definition, and the statutory elements Congress set forth to achieve that vision, the case before us exemplifies the quintessential local controversy. Indeed, it defies common sense to say a suit by Flint residents against those purportedly responsible for injuring them through their municipal water service is not a “local controversy.”
For these reasons, we affirm the judgment of the district court.
DISSENT

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KETHLEDGE, Circuit Judge, dissenting.
To meet a burden of proof, a party usually must provide some. Here, it is common ground that the federal courts have jurisdiction over this case and that the plaintiffs bear the burden of proving that we may lawfully abstain from exercising that jurisdiction. The plaintiffs have not met that burden, or even tried.
By way of background, the federal courts “have a strict duty to exercise the jurisdiction that is conferred upon them by Congress.” Quackenbush v. Allstate Ins. Co., 517 U.S. 706, 716, 116 S.Ct. 1712, 135 L.Ed.2d 1 (1996). Abstention is an “extraordinary and narrow exception” to that duty. Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 813, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). Thus, only the “clearest of justifications” will justify abstention. Rouse v. DaimlerChrysler Corp., 300 F.3d 711, 715 (6th Cir. 2002).
We have nothing like a clear justification for abstention here. The federal courts undisputedly have jurisdiction over this case under the Class Action Fairness Act. See 28 U.S.C. § 1332(d). Instead the question here, broadly stated, is whether we may abstain from exercising that jurisdiction per the Act’s so-called “local-controversy exception.” For that exception to apply—and thus for us lawfully to send the case back to state court—the plaintiffs must prove, among other things, both that more than two-thirds of the putative class-members “are citizens of the State in which the action was originally filed” (i.e., Michigan) and that the alleged conduct of the sole Michigan defendant “forms a significant basis for the claims” of the putative class. Id. § 1332(d)(4)(A)(I), (II)(bb).
The plaintiffs have proved neither. As for the first requirement, every circuit to have considered the issue—five so far—has held that “there must ordinarily be at least some facts in evidence from which the district court may make findings regarding *398 the class members’ citizenship for purposes of CAFA’s local-controversy exception.” Mondragon v. Capital One Auto Finance, 736 F.3d 880, 884 (9th Cir. 2013) (gathering cases); see also Reece v. AES Corp., 638 Fed.Appx. 755, 769–70 (10th Cir. 2016); In re Sprint Nextel Corp., 593 F.3d 669, 674–676 (7th Cir. 2010); Preston v. Tenet Healthsystem Mem’l Med. Ctr., Inc., 485 F.3d 793, 799–801 (5th Cir. 2007); Evans v. Walter Indus., Inc., 449 F.3d 1159, 1166 (11th Cir. 2006). Meanwhile, as the majority correctly observes, citizenship in this context equates to domicile, and domicile consists of both residence in a State and an intention to remain

there. Maj. Op. at 389–90. Thus, to meet this requirement, the plaintiffs must show by a preponderance of the evidence that more than two-thirds of the putative class-members both reside in Michigan and intend to remain there. But on those points (or any other) the plaintiffs have presented no evidence at all. Instead they merely cite the allegations in their complaint. That, per the law of every circuit to have addressed the issue, is reason enough to conclude that we must exercise our jurisdiction in this case.
The majority concludes otherwise by means of a presumption. As an initial matter, the guesswork here begins with even defining the putative class, since the plaintiffs neglected to define it in their putative class-action complaint. But the complaint does say that the class-members are similarly situated to the plaintiffs, and that the plaintiffs are “residents and property owners in the City of Flint” who (or which, as the case may be) were exposed to water supplied from the Flint River after April 25, 2014. Complaint ¶¶ 1, 84. Plaintiffs’ counsel also clarified during oral argument that the phrase “property owners” does not modify “residents,” but instead describes a separate group within the putative class. Thus, taking the allegations and clarification together, one can surmise that the class includes residents exposed to the Flint water supply after April 25, 2014, and property owners likewise exposed.
At this point the majority’s presumption arises. According to the majority, the plaintiffs have alleged that the class members are residents of Flint, which (in the majority’s view) creates a presumption that they are citizens as well, which in turn throws upon the defendants the burden of proving that one-third of the putative class are not citizens of Michigan. But this reasoning is mistaken both factually and legally. The factual mistake is the assertion that the plaintiffs have alleged that all the class members are Flint residents, since—per the statement of plaintiffs’ counsel at oral argument—the class includes Flint “property owners” who need not be residents of Flint (or Michigan) to be members of the class. Thus, the majority’s presumption of citizenship does not apply to “property owners”—whose numbers are anyone’s guess. Even the majority’s presumption, therefore, does not provide us with anything near what the law would regard as a proper basis to conclude that two-thirds—as opposed to one-third, or one-half, or three-quarters—of the putative class-members are Michigan citizens. We thus lack the requisite “clearest of justifications” to decline to exercise our jurisdiction here. Rouse, 300 F.3d at 715.
The majority’s legal mistake is more complicated. The majority observes, correctly, that “there is a presumption against federal jurisdiction[,]” Maj. Op. at 391, which in

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any particular case the party asserting jurisdiction must overcome. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377, 114 S.Ct. 1673, 128 L.Ed.2d 391 (1994). Thus, the majority reasons further, the federal courts cannot presume in diversity cases—where the existence of the court’s jurisdiction depends *399 on the parties’ citizenship—that a party is a citizen of a state simply because the party is a resident of it. For in that event the court would presume that jurisdiction exists, when instead the court must presume that it does not. But here the situation is different, the majority reasons, because in this case the federal courts already have jurisdiction; the question instead is whether to exercise it. The majority thus splits with five other circuits, and concludes that we are free to presume that a mere allegation of residency in Michigan is enough to prove citizenship there.
What the majority overlooks, however, is the “virtually unflagging obligation of the federal courts to exercise the jurisdiction given them.” Colorado River, 424 U.S. at 817, 96 S.Ct. 1236. As Chief Justice Marshall put it nearly 200 years ago: “We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given.” Cohens v. Virginia, 19 U.S. 264, 404, 6 Wheat. 264, 5 L.Ed. 257 (1821); see also Sprint Communications, Inc. v. Jacobs, ––– U.S. ––––, 134 S.Ct. 584, 590–91, 187 L.Ed.2d 505 (2013) (same). That means we cannot presume a fact that allows us to decline jurisdiction, any more than we can presume a fact that allows us to find that jurisdiction exists in the first place. Thus, just as we cannot presume that residency equals citizenship when determining whether jurisdiction exists, neither can we apply that same presumption when determining whether we can decline jurisdiction. And that is exactly what the majority does here.
I would therefore dispense with all the dueling presumptions, and instead simply ask what the other circuits ask: whether the plaintiffs have produced “evidence from which the district court may make findings” that more than two-thirds of the putative class-members are citizens of the State in which the case was originally filed. Mondragon, 736 F.3d at 884. Here, the plaintiffs have not produced such evidence, or even any evidence at all. That conclusion, standing alone, means that we must exercise our jurisdiction in this case.
More briefly, the plaintiffs have likewise failed to show that the only Michigan defendant in this case—Lockwood, Andrews & Newnam, P.C. (“Lockwood P.C.”)—is one “whose alleged conduct forms a significant basis for the claims asserted by the proposed plaintiff class[.]” 28 U.S.C. § 1332(d)(4)(A)(II)(bb). As an initial matter, as the Ninth

Circuit has persuasively explained, the statutory reference to “alleged conduct” means that (in contrast to the citizenship requirement) we look solely to the allegations in the complaint when determining whether the plaintiffs have met this prerequisite to abstention. See Coleman v. Estes Exp. Lines, Inc., 631 F.3d 1010, 1015 (9th Cir. 2011). Our inquiry as to this prerequisite is comparative: we ask whether the in-state defendant’s conduct, as alleged in the complaint, is important when compared to the conduct of the other defendants as so alleged. See, e.g., Westerfeld v. Ind. Processing LLC, 621 F.3d 819, 825 (8th Cir. 2010); Kaufman v. Allstate N.J. Ins. Co., 561 F.3d 144, 156 (3d Cir. 2009); Evans, 449 F.3d at 1167.
Here, the plaintiffs’ allegations as to the Michigan defendant—Lockwood P.C.—are an enigma. The complaint alleges that the City of Flint retained a Texas corporation—Lockwood, Andrews Newnam, Inc. (“Lockwood Inc.”), which is likewise a defendant here—“to conduct studies and reports of a new water supply that was being developed” for the City. Complaint ¶ 3. The complaint also alleges that Lockwood P.C. “was incorporated in 2008 by” Lockwood Inc. after the latter was so retained, *400 and that Lockwood Inc. “conducted business in Genesee County, Michigan through” Lockwood P.C. The complaint then proceeds to define both Lockwood entities collectively as “LAN,” which for the remainder of the complaint is the subject of every verb describing conduct allegedly forming the basis of the plaintiffs’ claims. Thus, as in a Fifth Circuit case, “nothing in the complaint distinguishes the conduct of [Lockwood P.C.] from the conduct of the other defendants.” Opelousas Gen. Hosp. Auth. v. FairPay Sols., Inc., 655 F.3d 358, 362 (5th Cir. 2011). The complaint therefore “contains no information about the conduct of [Lockwood P.C.] relative to the conduct of the other defendants[,]” and thus does not establish that Lockwood P.C.’s conduct “forms a significant basis of the plaintiff[s’] claims.” Id. Moreover, the complaint never explains what the plaintiffs mean by their allegation that Lockwood Inc. conducted business “through” Lockwood P.C. Instead, that phrase remains an exercise in studied ambiguity. Finally, what the complaint does say about the conduct of the defendants relative to one another affirmatively suggests that the more significant actor was the remaining defendant, Leo A. Daly Company, a Nebraska corporation (which the complaint calls “LAD”). Specifically, the complaint alleges that “LAN is a subsidiary of LAD,” that “LAN exists as a separate entity from LAD in name only[,]” and that “LAN is totally reliant upon LAD for direction with regard to all critical aspects of the issues giving rise to this lawsuit.” Complaint ¶ 80. The complaint thus provides plenty of reason to conclude that LAD’s conduct was significant as

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compared to either of the Lockwood entities, but no basis at all to conclude that the conduct of Lockwood P.C., in particular, was significant as compared to the conduct of the other defendants. Indeed, the district court never found that Lockwood P.C.’s alleged conduct formed a “significant basis” for the claims of the putative class. Instead, the majority supplies that finding for the first time in its opinion today.
It should take a better showing than this for a federal

court to cast off its unflagging duty to exercise the jurisdiction assigned to it by Congress. I respectfully dissent.
All Citations 842 F.3d 383

 
 Case 5:16-cv-10444-JEL-MKM ECF No. 1100 filed 04/09/20 PageID.27457 Page 1 of 3

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases.

Judith E. Levy

United States District Judge

________________________________/

This Order Relates To:

ALL CASES

________________________________/

ORDER GRANTING IN PART AND DENYING IN PART STATE DEFENDANTS’ MOTION FOR A PROTECTIVE ORDER [1047]

On January 23, 2020, State of Michigan Defendants former

Governor Snyder, Nick Lyon, Eden Wells, and Andy Dillon (“State

Defendants”) filed a motion for a protective order. (ECF No. 1047.) They

ask that their depositions in this litigation be postponed until the

question of whether they are immune from suit based upon qualified

immunity is fully resolved. At present, that issue is pending on appeal

before the Sixth Circuit Court of Appeals. On February 3, 2020,

Defendants Veolia North America and McLaren Regional Medical Center

filed their opposition to this motion. (ECF Nos. 1051, 1052.)

Case 5:16-cv-10444-JEL-MKM ECF No. 1100 filed 04/09/20 PageID.27458 Page 2 of 3

The Court has previously ruled on the issue of staying discovery of

the State Defendants in an earlier order. (ECF No. 861.) There the Court

said that these same State Defendants are “entitled to a stay of discovery

on claims for which they continue to litigate the issue of immunity.” (ECF

No. 861, PageID.23408.) However, “[i]n all other respects, discovery will

continue.” (Id.) Indeed, the State Defendants have been appearing at

depositions in this litigation as non-parties in the federal cases and as a

party in the state-court litigation.

Depositions of the State Defendants will proceed subject to the

limitations imposed by this Court’s earlier order. (ECF No. 861.) That

order makes clear that the State Defendants are to be treated as a “non-

parties to discovery.” (Id. at PageID.23416.) The parties must therefore

follow the procedures for noticing non-party depositions and must also

“avoid imposing undue burden or expense” on the State Defendants. Fed.

R. Civ. P. 45(d)(1).

IT IS SO ORDERED.

Dated: April 9, 2020 Ann Arbor, Michigan

s/Judith E. Levy JUDITH E. LEVY United States District Judge

2

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CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on April 9, 2020.
s/William Barkholz WILLIAM BARKHOLZ Case Manager
3

 
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Deborah S. Hunt Clerk

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. (513) 564-7000 www.ca6.uscourts.gov

Filed: May 22, 2020

Mr. Samuel R. Bagenstos Samuel Bagenstos 625 S. State Street Suite LR 910 Ann Arbor, MI 48104
Mr. Charles Edward Barbieri Foster, Swift, Collins & Smith 313 S. Washington Square Lansing, MI 48933
Mr. Frederick A. Berg Jr. Butzel Long 150 W. Jefferson Avenue Suite 100 Detroit, MI 48226
Mr. Jay M. Berger Clark Hill 500 Woodward Avenue Suite 3500 Detroit, MI 48226
Ms. Margaret Bettenhausen Office of the Attorney General of Michigan P.O. Box 30755 Lansing, MI 48909
Mr. Jordan Seth Bolton Clark Hill 151 S. Old Woodward Avenue Suite 200 Birmingham, MI 48009

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Mr. James William Burdick Hertz Schram 1760 S. Telegraph Road, Suite 300 Bloomfield Hills, MI 48302
Mr. Christopher Bradley Clare Clark Hill 1001 Pennsylvania Avenue, N.W. Suite 1300, S. Washington, DC 27713
Ms. Allison Marie Collins Foster, Swift, Collins & Smith 313 S. Washington Square Lansing, MI 48933
Mr. James A. Fajen Fajen & Miller 3646 W. Liberty Ann Arbor, MI 48103
Mr. Nathan A. Gambill Office of the Attorney General of Michigan P.O. Box 30755 Lansing, MI 48909
Mr. William H. Goodman Goodman & Hurwitz 1394 E. Jefferson Avenue Detroit, MI 48207
Mr. Philip A. Grashoff Jr. Smith Haughey Rice & Roegge 100 Monroe Center, N.W. Grand Rapids, MI 49503
Ms. Julie H. Hurwitz Goodman, Hurwitz & James 1394 E. Jefferson Avenue Detroit, MI 48207
Ms. Krista Aimee Jackson Smith Haughey Rice & Roegge 100 Monroe Center, N.W. Grand Rapids, MI 49503

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Mr. William Young Kim City of Flint 1101 S. Saginaw Street Third Floor Flint, MI 48502
Mr. Sheldon H. Klein Butzel Long 41000 Woodward Avenue Stoneridge West Building Bloomfield Hills, MI 48304
Mr. Richard S. Kuhl Office of the Attorney General of Michigan P.O. Box 30755 Lansing, MI 48909
Ms. Deborah A. LaBelle Law Offices 221 N. Main Street, Suite 300 Ann Arbor, MI 48104-0000
Ms. Emmy L. Levens Cohen, Milstein, Sellers & Toll 1100 New York Avenue, N.W. Suite 500-W Washington, DC 20005
Mr. Christopher James Marker O'Neill, Wallace & Doyle 300 St. Andrews Road Suite 302 Saginaw, MI 48605
Ms. Cary S. McGehee Pitt, McGehee, Palmer & Rivers 117 W. Fourth Street Suite 200 Royal Oak, MI 48067
Mr. David Wayne Meyers Law Office P.O. Box 88 Lexington, MI 48450

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Mr. Thaddeus E. Morgan Fraser Trebilcock 124 W. Allegan Street Suite 1000 Lansing, MI 48933
Mr. Paul F. Novak Weitz & Luxenberg Fisher Building 3011 W. Grand Boulevard Suite 2150 Detroit, MI 48202
Mr. Michael John Pattwell Clark Hill 212 E. Cesar E. Chavez Avenue Lansing, MI 48906
Mr. Todd Russell Perkins Law Offices 615 Griswold Street Suite 400 Detroit, MI 48226
Mr. Michael H. Perry Fraser, Trebilcock, Davis & Dunlap 124 W. Allegan Suite 1000 Lansing, MI 48933
Mr. Michael L Pitt Pitt, McGehee, Palmer & Rivers 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067
Mr. Joseph E. Richotte Butzel Long 41000 Woodward Avenue Stoneridge West Building Bloomfield Hills, MI 48304
Ms. Beth M. Rivers Pitt, McGehee, Palmer & Rivers 117 W. Fourth Street, Suite 200 Royal Oak, MI 48067

Case 5:16-cv-10C44a4s-eJ:E1L9--M14K2M5 ECDFocNuom.e1n1t5: 270-f1iled F0i5le/2d2: /0250/22P/2a0g2e0ID.2P8a1g8e3: 5Page 5 of 5(15 of 51)

Mr. Alexander Stephen Rusek White Law 2549 Jolly Road Suite 340 Okemos, MI 48864
Mr. Gregory Stamatopoulos Weitz & Luxenberg 719 Griswold Suite 620 Detroit, MI 48226
Mr. Barry A. Wolf 503 S. Saginaw Street, Suite 1410 Flint, MI 48502
Mr. Edwar Ayoub Zeineh 2800 E. Grand River Avenue, Suite B Lansing, MI 48912
Re: Case Nos. 19-1425/19-1472/19-1477/19-1533, Luke Waid, et al v. Richard Snyder, et al Originating Case No. : 5:16-cv-10444
Dear Counsel,
The court today announced its decision in the above-styled cases.
Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

cc: Mr. David J. Weaver Enclosures Mandate to issue.

Cathryn Lovely Deputy Clerk

Case 5:16-cv-10C44a4s-eJ:E1L9--M14K2M5 ECDFocNuom.e1n1t5: 270-f2iled F0i5le/2d2: /0250/22P/2a0g2e0ID.2P8a1g8e4: 1Page 6 of 5(16 of 51)

RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 20a0161p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

IN RE: FLINT WATER CASES.

┐

___________________________________________ │ │

LUKE WAID, Parent and Next-Friend of SR, a minor, et al.,

│ │
>

Plaintiffs,

│

│

ELNORA CARTHAN et al.,

│
│ Plaintiffs-Appellees, │

│

v.

│

│

│ DARNELL EARLEY, GERALD AMBROSE, HOWARD │ CROFT, MICHAEL GLASGOW, DAUGHERTY JOHNSON, │ and CITY OF FLINT, MICHIGAN (19-1425); RICHARD │ DALE SNYDER, former Governor of Michigan, ANDY │ DILLON, former Treasurer of Michigan, and │ GRETCHEN WHITMER, present Governor of Michigan │ (19-1472); LIANE SHEKTER-SMITH, STEPHEN BUSCH, │ PATRICK COOK, MICHAEL PRYSBY, AND BRADLEY │ WURFEL (19-1477); and ADAM ROSENTHAL (19-1533), │

Defendants-Appellants. │

┘

Nos. 19-1425/1472/1477/1533

Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. No. 5:16-cv-10444—Judith E. Levy, District Judge.

Argued: April 27, 2020

Decided and Filed: May 22, 2020

Before: MERRITT, MOORE, and MURPHY, Circuit Judges.

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_________________
COUNSEL
ARGUED: William Y. Kim, CITY OF FLINT LAW DEPARTMENT, Flint, Michigan, for Appellant City of Flint, and Christopher J. Marker, O’NEIL, WALLACE & DOYLE, P.C., Saginaw, Michigan, for Appellant Glasgow in 19-1425. Margaret A. Bettenhausen, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan for Appellants in 19-1472. Charles E. Barbieri, FOSTER, SWIFT, COLLINS & SMITH, P.C., Lansing, Michigan, for Appellants in 19-1477. James A. Fajen, FAJEN AND MILLER, PLLC, Ann Arbor, Michigan, for Appellant in 19-1533. Samuel R. Bagenstos, Ann Arbor, Michigan, for Appellees. ON BRIEF: William Y. Kim, CITY OF FLINT LAW DEPARTMENT, Flint, Michigan, Frederick A. Berg, Jr., BUTZEL LONG, P.C., Detroit, Michigan, Sheldon H. Klein, Joseph E. Richotte, BUTZEL LONG, P.C., Bloomfield Hills, Michigan, Christopher J. Marker, O’NEIL, WALLACE & DOYLE, P.C., Saginaw, Michigan, Todd R. Perkins, THE PERKINS LAW GROUP PLLC, Detroit, Michigan, Alexander S. Rusek, WHITE LAW, PLLC, Okemos, Michigan, Barry A. Wolf, Flint, Michigan, Edwar A. Zeineh, LAW OFFICE OF EDWAR A. ZEINEH, Lansing, Michigan, for Appellants in 19-1425. Margaret A. Bettenhausen, Richard S. Kuhl, Nathan A. Gambill, Zachary C. Larsen, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan for Appellants in 19-1472. Charles E. Barbieri, FOSTER, SWIFT, COLLINS & SMITH, P.C., Lansing, Michigan, Michael J. Pattwell, Jay M. Berger, CLARK HILL PLC, Lansing, Michigan, Thaddeus E. Morgan, FRASER, TREBILCOCK, DAVIS & DUNLAP, Lansing, Michigan, Philip A. Grashoff, Jr., SMITH HAUGHEY RICE & ROEGGE, Grand Rapids, Michigan, for Appellants in 19-1477. James A. Fajen, FAJEN AND MILLER, PLLC, Ann Arbor, Michigan, James W. Burdick, BURDICK LAW, P.C., Bloomfield Hills, Michigan, for Appellant in 19-1533. Samuel R. Bagenstos, Ann Arbor, Michigan, for Appellees.
MOORE, J., delivered the opinion of the court in which MERRITT, J., joined. MURPHY, J. (pp. 39–45), delivered a separate opinion concurring in the judgment in part and dissenting in part.
_________________
OPINION
_________________
KAREN NELSON MOORE, Circuit Judge. This is a case about the Flint Water Crisis.
From 2014 to 2015, City of Flint and Michigan State officials caused, sustained, and covered up
the poisoning of an entire community with lead- and legionella-contaminated water. The crisis
started in April 2014 when the City began delivering Flint River water to its predominantly poor
and African-American residents, knowing that it was not treated for corrosion. In a matter of
weeks, Flint residents reported that there was something wrong with the way the water looked,

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tasted, and smelled, and that it was causing rashes. In response, the City treated the water with additional chlorine—exacerbating the corrosion in the old water lines. The corrosion contaminated the water with hazardous levels of lead and caused an outbreak of Legionnaires’ disease. State and City officials failed to stop the delivery of Flint River water and obstinately assured the public that the water was safe, when they knew it was not. Now, Flint residents can expect to see their children permanently developmentally stunted. It has been six years since the start of the crisis and corroded pipes still infect the water and poison the people of Flint. The question before us is whether these Defendants-Appellants allegedly responsible for the crisis are immune from suit.
This appeal arises out of a consolidated class action in the In re Flint Water Cases litigation. It follows from the denial of motions to dismiss certain defendants based on qualified and absolute immunity. The Plaintiffs-Appellees are individuals affected by the Flint Water Crisis.1 The Defendants-Appellants are City and State officials and the City of Flint.2 PlaintiffsAppellees claim that City and State officials’ deliberate indifference to their being poisoned violated their substantive due process right to bodily integrity, a constitutional claim we have already recognized in Guertin v. Michigan, 912 F.3d 907, 921 (6th Cir. 2019), cert. denied, 140 S. Ct. 933 (2020). Acknowledging that Guertin controls, Defendants-Appellants contend that their alleged individual conduct does not plausibly amount to a constitutional violation. Or, in the case of the City of Flint and Governor Whitmer,3 that the Eleventh Amendment requires their dismissal from this action—an argument we rejected in prior appeals. See Guertin, 912 F.3d at 936; Boler v. Earley, 865 F.3d 391, 412–13 (6th Cir. 2017), cert. denied, 138 S. Ct. 1281 (2018).

1We use the term “Plaintiffs” when referring to all plaintiffs belonging to the putative class, and we use the term “Plaintiffs-Appellees” when referring solely to the plaintiffs that are party to this appeal.
2We use the term “Defendants” when referring to all named defendants, and we use the term “DefendantsAppellants” when referring solely to the defendants that are party to this appeal.
3Governor Whitmer was elected into office in January 2019 and continues to serve as Michigan’s Governor at the time of this writing. For the sake of consistency with its earlier Flint Water decisions, the district court solely referred to Governor Snyder in its opinion, even where claims are made against the present Governor in her official capacity. R. 798 (Op. & Order at 8 n.4) (Page ID #21110).

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We AFFIRM the district court’s denial of the motions to dismiss with respect to every Defendant-Appellant except Treasurer Dillon. We REMAND for the district court to decide whether Dillon should be dismissed in light of its decision in Brown v. Snyder (In re Flint Water Cases), No. 18-cv-10726, 2020 WL 1503256, at *9 (E.D. Mich. Mar. 27, 2020).
I. BACKGROUND4
Plaintiffs allege that, from June 2013 through April 25, 2014, City and State officials created a public health crisis. R. 620-3 (Fourth Am. Compl. at 47–48, ¶ 133) (Page ID #17850– 51). Officials “ordered and set in motion the use of highly corrosive and toxic Flint River water knowing that the [treatment plant] was not ready.” Id. “By January 29, 2015, State officials understood that the public health crisis was caused by the corrosion of the entire infrastructure of the Flint water system. Yet no action was taken to warn the public of the health crisis or to correct the harm.” Id. at 81, ¶ 238 (Page ID #17884).5 Accordingly, “the complaint alleges constitutional violations that occurred during two relevant periods: (1) the period leading up to the April 2014 switch to the Flint River, during which Defendants were callously indifferent to the facts showing that the water would be dangerous; and (2) the 18-month period from April 2014 to October 2015, during which Defendants were callously indifferent to the mounting evidence that the water was actually causing serious harm, including death.” Appellees Br. at 4–5.
A. The Switch to the Flint River
The City of Flint did not always receive its water from the Flint River. For decades, the City received clean water from Lake Huron through the Detroit Water and Sewerage Department (“DWSD”). R. 620-3 (Fourth Am. Compl. at 34–35, ¶¶ 86–91) (Page ID #17837–38). At some

4The facts are taken from Plaintiffs’ Fourth Amended Complaint, as we take all factual allegations to be true at this stage. See Guertin, 912 F.3d at 916.
5Some Defendants-Appellants contend that they were not aware that the water was contaminated. They point out that Plaintiffs themselves allege that private engineering firms provided inaccurate information about water quality to government officials. See R. 620-3 (Fourth Am. Compl. at 51–80, ¶¶ 148–232) (Page ID #17854–83). But those allegations do not negate the separate allegations that City and State officials nevertheless had knowledge from other sources that the water was contaminated. Therefore, the role of private engineering firms is irrelevant at the motion to dismiss stage.

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point, however, the City became concerned with the DWSD’s cost and decided to look into alternative water sources. Id. at 35–37, ¶ 92 (Page ID #17838–40). In 2011, City officials had a study conducted to see if the Flint River could be used as a safe water source if it was processed through the old Flint Water Treatment Plant (“FWTP”). Id. at 33–34, ¶¶ 82–86 (Page ID #17836–37); id. at 36–37, ¶ 92 (Page ID #17839–40). The reports issued from the study concluded that Flint River water could meet regulatory requirements if properly treated—but that would require over $69 million in improvements to the FWTP, including improvements that would protect the water from corrosion. Id. at 36–37, ¶ 92 (Page ID #17839–40). For the moment, the City decided against switching to the Flint River as its primary drinking source. Id. at 37, ¶ 94 (Page ID #17840).
But by August 2012, the City was embroiled in a financial emergency, leading Governor Snyder to appoint Edward Kurtz as Emergency Manager for the City. Id. at 38–39, ¶ 101 (Page ID #17841–42). In Michigan, the State can appoint emergency managers to take over financially distressed cities, control their operations, and rein in spending. See Guertin, 912 F.3d at 939; R. 620-3 (Fourth Am. Compl. at 39, ¶ 102) (Page ID #17842). To carry out their mission, emergency managers are granted “broad powers” to “act for and in the place and stead of the governing body and the office of chief administrative officer of the local government.” MICH. COMP. LAWS § 141.1549(2).
As Emergency Manager, Kurtz made a pitch to Governor Snyder and State Treasurer Andy Dillon that the City of Flint should switch to receiving water from an altogether new source, the Karegnondi Water Authority (“KWA”). R. 620-3 (Fourth Am. Compl. at 38–39, ¶ 101–02) (Page ID #17841–42). The DWSD, on the other hand, made its case to Snyder, Dillon, and Kurtz that its water was cheaper and more reliable. Id. at 39, ¶ 103 (Page ID #17842). Caught between competing offers, Dillon requested an independent assessment of cost effectiveness for each plan by the engineering firm of Tucker, Young, Jackson and Tull (“TYJT”). Id. at 39–40, ¶ 104 (Page ID #17842–43). In February 2013, TYJT informed Dillon that “it would be more cost-effective for Flint on both a short term and long term basis to continue to be supplied with water from DWSD.” Id. Accordingly, on March 17, 2013, Treasurer Dillon wrote to Governor Snyder that “the KWA representatives were misrepresenting

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the benefits of the deal and that the ‘(r)eport that I got is that Flint should stay w DWSD.’” Id. Then, on March 28, 2013, Dillon reversed course and emailed Snyder recommending that he authorize the City of Flint’s switch to the KWA, noting that Kurtz, the Mayor, and City Council all supported that decision. Id. at 41, ¶ 107 (Page ID #17844). Even though the KWA was more costly than the DWSD, the City would be able to borrow funds to pay its share of the project if it obtained an Administrative Consent Order (“ACO”) from a State Agency attesting to need due to “fire, flood, or other calamity.” Id. at 127, ¶¶ 375–76 (Page ID #17930).
The Michigan Department of Environmental Quality (“MDEQ”) ultimately backed the interim plan, even though it knew “that the decision to switch the water source for Flint was not based on a scientific assessment of the suitability of the Flint River water.” Id. at 40–41, ¶ 106 (Page ID #17843–44). The MDEQ Deputy Director wrote, “[W]e are in a situation with Emergency Financial Managers so it’s entirely possible that they will be making decisions relative to cost.” Id. In March 2013, MDEQ officials, including Stephen Busch and Liane Shekter-Smith, knew that “the use of Flint River water would pose increased health risks to the public . . . , the triggering of additional regulatory requirements, and significant upgrades to the Flint Water Treatment Plant.” Id. at 40, ¶ 105 (Page ID #17843).
In 2013, both the City of Flint and the City of Detroit were under State emergency management. Id. at 42, ¶ 114 (Page ID #17845). As Governor, “Snyder was briefed on reports from both Flint’s and Detroit’s emergency managers and issued directions to both managers as it related to the transition” away from the DWSD. Id. Thus, “Governor Snyder was personally involved in the decisional process which led to the transition from DWSD to the KWA.” Id. On April 4, 2013, Snyder’s Chief of Staff emailed him, stating “(a)s you know, the Flint people have requested Dillon’s ok to break away from the DWSD.” Id. at 43, ¶ 115 (Page ID #17846). Snyder then instructed Dillon, Kurtz, Detroit’s Emergency Manager, and other key players to have the DWSD submit one last offer to the City of Flint. Id. The DWSD did so, Kurtz rejected the offer, and Snyder “authorized Kurtz, through Department of Treasury officials, to enter into a contractual relationship with KWA for the purpose of supplying water to Flint beginning in midyear 2016 or 2017.” Id. at 43, ¶¶ 115–18 (Page ID #17846) (emphasis added). The City would need to rely on a water source other than the KWA until then. “At the time the Governor

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authorized Kurtz to contractually bind Flint to the KWA project, the Governor and State officials knew that the Flint River,” rather than the DWSD, “would be used as an interim source and that the use of the interim source had the backing of Snyder, Andy Dillon, and MDEQ Director Wyant.” Id. at 44, ¶ 119 (Page ID #17847).
In June 2013, Dillon, Kurtz, and other key players developed the interim Flint River plan that would supply the City with water from April 25, 2014 until approximately December 2016. Id. at 44, ¶ 120 (Page ID #17847). A “critical part” of the interim plan was to upgrade the FWTP so that it could treat the Flint River water and then later treat water delivered through the KWA. Id. at 44, ¶ 122 (Page ID #17847). In September 2013, Governor Snyder appointed Darnell Earley as the City of Flint’s new Emergency Manager. Id. at 45, ¶ 125 (Page ID #17848). Earley worked to ensure that the interim Flint River plan would not be displaced by a return to the DWSD, even as the FWTP “was deemed unready for service by several people involved with its management.” Id. at 51, ¶ 147 (Page ID #17854).
In March 2014, MDEQ officials, led by Chief of the Office of Drinking Water and Municipal Assistance Liane Shekter-Smith, put the interim Flint River plan into motion by ensuring, at the Treasury’s direction, that the City quickly obtain the necessary ACO so that the KWA would not need to stop construction. See id. at 45–46, ¶ 128 (Page ID #17848–49); id. at 130, ¶¶ 382–83 (Page ID #17933). The ACO “(i) required Flint to make use of the Flint Water Treatment Plant, (ii) attempted to prevent Flint from ever returning to the DWSD and (iii) mandated Flint to ‘undertake the KWA public improvement project or undertake other public improvement projects to continue to use the Flint River . . . .’” Id. at 45–46, ¶ 128 (Page ID #17848–49). “After obtaining the ACO, Flint entered a Bond Purchase Agreement allowing it to borrow funds despite being in receivership so that the KWA could move on to the next phase of construction. Unfortunately, the Flint Water Treatment Plant was nowhere near ready to begin distributing water.” Id. at 131, ¶ 384 (Page ID #17934).
On March 14, 2014, the associate director of the Governor’s Office of Urban and Metropolitan Initiatives stated in an email to other members of Snyder’s staff that the “expedited timeframe” for switching to Flint River water “is less than ideal and could lead to some big

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potential disasters down the road.” Id. at 45, ¶ 127 (Page ID #17848). His warning went unheeded, as plans stayed in motion.
On April 16, 2014—a week before the date set for the switch to the Flint River—Michael Glasgow, the City’s water treatment plant laboratory and water quality supervisor, emailed MDEQ Water Quality Analyst Adam Rosenthal, “. . . it looks as if we will be starting the plant up tomorrow and are being pushed to start distributing water as soon as possible . . . . I would like to make sure we are monitoring, reporting and meeting requirements before I give the OK to start distributing water.” Id. at 46, ¶ 129 (Page ID #17849). The next day, Glasgow informed the MDEQ that “the FWTP was not fit to begin operations and that ‘management’ was not listening to him.” Id. On April 17, 2014, Glasgow wrote to MDEQ District Supervisor Stephen Busch and MDEQ District 11 (Flint) Engineer Michael Prysby,
I have people above me making plans to distribute water ASAP. I was reluctant before, but after looking at the monitoring schedule and our current staffing, I do not anticipate giving the OK to begin sending water out anytime soon. If water is distributed from this plant in the next couple of weeks, it will be against my direction. I need time to adequately train additional staff and to update our monitoring plans before I will feel we are ready. I will reiterate this to management above me, but they seem to have their own agenda.
Id. “Glasgow later told State investigators that he received pressure from superiors—particularly Defendants Johnson and Croft—to begin the switch to the Flint River.” Id. at 47, ¶ 130 (Page ID #17850).
MDEQ Water Treatment Specialist Patrick Cook signed the permit that was the last necessary approval for use of the FWTP. Id. at 47, ¶ 132 (Page ID #17850).
B. Lead Poisoning and Legionnaires’ Disease
“On April 25, 2014, Flint officially began using the Flint River as its primary water source, despite the fact that the proper preparations had not been made and Glasgow had warned that the FWTP was not ready.” Id. at 57, ¶ 164 (Page ID #17860). Flint River water had high chloride levels that, left untreated, would corrode the water pipes and cause lead to “leach into drinking water.” Id. at 55, ¶ 161 (Page ID #17858). The MDEQ purportedly believed that it needed to collect data on the water for an entire year, in two consecutive six-month tests, before

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it could treat the water for corrosion. Id. at 95–96, ¶ 290 (Page ID #17898–99). Prior to the switch, City and MDEQ officials “discussed optimization for lead,” but “decided that having more data was advisable before implementing an optimization method.” Id. at 55, ¶ 159 (Page ID #17858). Rather than delay the switch to the Flint River, the City began delivering untreated water to its residents.
Within weeks of the switch, residents reported to Shekter-Smith that there was something wrong with the smell, taste, and color of the water, and that it was causing rashes. Id. at 57, ¶¶ 165–66 (Page ID #17860). By June 2014, residents were reporting that “the water was making them ill.” Id. at 57, ¶ 167 (Page ID #17860). The City and State did nothing. Id. “On August 14, 2014, Flint’s water tested above legal limits for total coliform and E. coli bacteria.” Id. at 57, ¶ 168 (Page ID #17860). In response, the City issued boil water advisories and treated the water with additional chlorine. Id. at 57–58, ¶¶ 168–69 (Page ID #17860–61). Chlorine, however, “as has been well known for decades,” “preferentially reacts with the bare metal [in corroded pipes] instead of attacking solely bacteria.” Id. at 57–58, ¶ 169 (Page ID #17860–61). Unsurprisingly, then, the bacterial problem did not abate—so the City added still more chlorine. Id. The water then tested high in total trihalomethanes (“TTHM”), a byproduct of chlorine interacting with metal, and a “red flag that the steel in the pipes had been laid bare,” and that lead was leaching into the water. Id. at 58, ¶¶ 170–71 (Page ID #17861). Back in May 2014, MDEQ officials—including Busch, Prysby, and Rosenthal—knew that TTHM levels were above the EPA’s maximum contaminant level but did nothing, even as residents raised concerns about the water. Id. at 58, ¶ 172 (Page ID #17861). From May 2014 to August 2015, the City sampled the water six times to test for corrosivity, and “[t]he sampling results all showed that the drinking water was very corrosive.” Id. at 62, ¶ 187 (Page ID #17865).
In the summer of 2014, just “[a]s officials were beginning to assess the extent of Flint’s TTHM problems, . . . the Michigan Department of Health and Human Services (MDHHS) reported an outbreak of Legionnaires’ disease—another red flag.” Id. at 58–59, ¶ 173 (Page ID #17861–62). Legionnaires’ disease “is a severe form of pneumonia.” Id. at 59, ¶ 174 (Page ID #17862). It infects people who inhale or consume water contaminated with legionella bacteria. Id. “Extensive studies of legionella have established that the pathogen enters the water supply

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when the ‘bio-film’ protecting pipes is stripped away—which is exactly what happened when the River’s corrosive water entered the City’s pipes.” Id. When a City officer informed Earley and his then-advisor Gerald Ambrose of the outbreak, Earley responded by “disclaiming any connection between the outbreak and Flint’s water.” Id. at 59, ¶ 175 (Page ID #17862). Earley stated that “the City’s ‘message’ should be that the outbreak was ‘an internal issue at McLaren [Hospital] that they are working on with our assistance, not a Flint water problem that we are trying to resolve.’” Id.
In September 2014, MDHHS reported that “lead poisoning rates ‘were higher than usual for children under age 16 living in the City of Flint during the months of July, August and September, 2014.’” Id. at 59–60, ¶ 176 (Page ID #17862–63). And in early October 2014, officials realized that the bacterial contamination partly stemmed from the use of over-75-yearold cast iron pipes that comprised most of the City’s water distribution system. Id. at 60, ¶ 177 (Page ID #17863). Still no action.
On October 13, 2014, General Motors stopped using Flint River water at its engine plant out of fear that the high levels of chloride would corrode its machinery. Id. at 60, ¶ 179 (Page ID #17863). The next day, a member of Governor Snyder’s executive staff wrote to the team:
Now we are getting comments about being lab rats in the media, which are going to be exacerbated when it comes out that after the boil water order, there were chemicals in the water that exceeded health-based water quality standards. I think we should ask the [Emergency Manager] to consider coming back to the Detroit system in full or in part as an interim solution to both the quality, and now the financial, problems that the current solution is causing.
Id. at 60–61, ¶ 180 (Page ID #17863–64). Snyder’s legal counsel similarly stated that the Flint River water issues are “downright scary” and “advised that, ‘[t]hey should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.’” Id. at 61, ¶ 182 (Page ID #17864). The executive staff directed MDEQ officials to brief Earley on the water quality issues, id. at 60–61, ¶ 180 (Page ID #17863–64), but Earley refused to reconnect to the DWSD, id. at 61, ¶ 181 (Page ID #17864).

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With their awareness of the dangers of Flint River water only increasing, officials nonetheless failed to disclose the risks to Flint Residents. Id. at 80, ¶ 235 (Page ID #17883). “On December 31, 2014, the first round of lead monitoring showed results exceeding the Lead and Copper Rule’s action levels for lead, 15 parts per billion.” Id. at 61–62, ¶ 183 (Page ID #17864–65). And the samples had not even been drawn from the highest risk homes. Id. In January 2015, State officials met to discuss the legionella problem. Id. at 80, ¶ 233 (Page ID #17883). Around that time, MDEQ Director of Communications Bradley Wurfel wrote in an email, “I don’t want my director to say publicly that the water in Flint is safe until we get back the results of some county health department of epidemiological trace-back work on [the] 41 cases of Legionnaires’ disease” diagnosed since the switch to the Flint River. Id. at 62, ¶ 184 (Page ID #17865).
On January 9, 2015, the University of Michigan turned off certain water fountains on its Flint campus because tests it conducted revealed high levels of lead. Id. at 62, ¶ 185 (Page ID #17865). “That same day, Earley,” again, “refused to return to DWSD water.” Id. at 62, ¶ 186 (Page ID #17865). A few days later, Earley resigned as Emergency Manager, and Governor Snyder appointed Gerald Ambrose in his stead. Id. at 80, ¶ 234 (Page ID #17883).
On January 21, 2015, State officials had water coolers discreetly installed in State buildings located in Flint, careful not to make their actions known to the public. Id. at 80, ¶ 235 (Page ID #17883). On January 27, 2015, the Genesee County Health Department (“GCHD”) reported a likely “association between the spike in Legionnaires’ disease reports and the onset of the use of Flint River water.” Id. at 81, ¶ 237 (Page ID #17884). The City and State did nothing. Id. On January 29, 2015, the DWSD offered Emergency Manager Ambrose “an opportunity to purchase DWSD water at attractive rates . . . includ[ing] waiving the re-connection fee.” Id. at 81, ¶ 239 (Page ID #17884). Ambrose refused. Id. “On February 17, 2015, Flint water users staged public demonstrations demanding that Flint reconnect with DWSD.” Id. at 82, ¶ 243 (Page ID #17885). Ambrose again refused. Id.

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C. The Coverup
With the crisis growing undeniable, City and State officials attempted to cover it up. They lied to the public and to regulators, and they took no action to protect the people of Flint. Id.
On February 26, 2015, Jennifer Crooks of the EPA followed up on a request from a Flint resident to test her water after she and her family became physically ill, developed rashes, and even experienced hair loss after drinking from the tap. Id. at 81, ¶ 240 (Page ID #17884); id. at 82–83, ¶ 244 (Page ID #17885–86). Crooks wrote to MDEQ and EPA officials that “the iron contamination was so high that the testing instrumentation could not measure it” and that the water tested for 104 parts per billion (“ppb”) of lead, well over the 15 ppb regulatory maximum. See id. at 82–83, ¶ 244 (Page ID #17885–86). Crooks further noted that, with two children under the age of three residing at the house, there were “[b]ig worries here.” Id. This prompted another EPA employee, Miguel Del Toral, to wonder whether the City of Flint was implementing optimized corrosion control, and whether the high lead levels were isolated to that one family’s neighborhood or were more widespread. See id. at 83, ¶ 245 (Page ID #17886). The EPA shared its concerns with the MDEQ. In response, MDEQ District Supervisor Stephen Busch lied and told Del Toral that the City was using corrosion control. Id. at 83, ¶ 246 (Page ID #17886).
“Likewise, [City Utilities Administrator Daugherty] Johnson inhibited efforts by [GCHD] to obtain information about Flint’s water through the Freedom of Information Act (“FOIA”).” Id. at 83–84, ¶ 248 (Page ID #17886–87). On January 27, 2015, GCHD requested water-testing information that would help it understand perceived water quality issues and the outbreak of Legionnaires’ disease. See id. A week later, Johnson responded that he had not received the FOIA request but would fulfill it as soon as possible. Id. Yet, “by March 2015, GCHD still had not received the information they requested by FOIA.” Id. The GCHD soon gathered that it was “being stonewalled.” Id. at 84, ¶ 250 (Page ID #17887).
By March 2015, Governor Snyder and other State officials knew “that they had a massive public health emergency which probably included widespread lead poisoning on their hands and

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began discussing distributing water filters to Flint water users.” Id. at 84, ¶ 249 (Page ID #17887). Nevertheless, “these public officials took no action to warn or otherwise protect Plaintiffs and the Class, and continued to conceal from them and the public the true nature, extent, and severity of the public health crisis.” Id. The Governor’s office’s talking points included false statements that the City was practicing corrosion control consistent with federal protocols and that Flint’s water was in compliance with federal lead and copper rules. Id. at 149–50, ¶ 419 (Page ID #17952–53).
On March 10, 2015, the GCHD wrote to Croft, Prysby, Ambrose, the mayor, and other City officials that the threat of legionella was serious and tied to Flint River water. Id. at 138, ¶ 401 (Page ID #17941). The GCHD official noted that he had requested to meet with the water plant staff and MDEQ to discuss his concerns, but that the water plant staff did not respond and that the MDEQ declined. Id. On March 12, 2015, Shekter-Smith emailed MDEQ employees that, “[w]hile the change in source may have created water quality conditions that could provide additional organic nutrient source to support legionella growth, there is no evidence or confirmation of legionella coming directly from the Water Treatment Plant or in the community water supply distribution system at this time.” Id. at 85, ¶ 252 (Page ID #17888). The next day, Shekter-Smith approved a response from Busch to the GCHD that stated the following:
• “conclusions that legionella is coming from the public water system without the presentations of any substantiating evidence from your epidemiologic investigations appears premature and prejudice toward that end;
• “[i]t is highly unlikely that legionella would be present in treated water coming from the City of Flint water treatment plan[t] given the treatment plant’s use of ozone along with complete treatment and chlorine disinfect contact time to comply with federal surface water treatment rules for potable water;” and
• “there is no direct correlation that can be made to the presence of legionella.”
Id. at 85–86, ¶ 253 (Page ID #17888–89). “That same day, Wurfel wrote in an email to Snyder administration officials, ‘Political flank cover out of the City of Flint today regarding the spike in Legionnaire cases. . . . Also, area ministers put a shot over the bow last night . . . with a call for Snyder to declare a state of emergency there and somehow “fix” the water situation . . . .’” Id. at 86, ¶ 254 (Page ID #17889).

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On March 25, 2015, the Flint City Council voted to re-connect to the DWSD. Id. at 86, ¶ 255 (Page ID #17889). Ambrose rejected their vote. Id.
On April 24, 2015, MDEQ Water Treatment Specialist Patrick Cook admitted in an email to Miguel Del Toral of the EPA that “Flint is currently not practicing corrosion control at the [F]WTP.” Id. at 86–87, ¶ 257 (Page ID #17889–90). In the same email, however, Cook “misled the EPA regarding the necessity of using corrosion control in Flint after the switch,” id. at 83, ¶ 247 (Page ID #17886), touting distorted water quality test results that showed that the water was within the regulatory limit of 15 ppb for lead, R. 735-3 (Cook Email at 2) (Page ID #20343).
On April 28, 2015, Governor Snyder’s chief of staff told Snyder and other staff members that “[t]he water issue continues to be a danger flag.” R. 620-3 (Fourth Am. Compl. at 87, ¶ 258) (Page ID #17890).
On June 24, 2015, Del Toral released an EPA report (the “Del Toral Report”) warning of high lead levels in Flint water. Id. at 87, ¶ 259 (Page ID #17890). “On the following day, Del Toral wrote an internal email with respect to the elevated lead in Flint water at EPA stating:
I understand that this is not a comfortable situation, but the State is complicit in this and the public has a right to know what they are doing because it is their children that are being harmed.
Id. He “further warned that the failure to inform Flint water users of the elevated lead levels was ‘bordering on criminal neglect.’” Id. at 87, ¶ 260 (Page ID #17890). The Del Toral Report was shared with MDEQ officials Shekter-Smith, Cook, Busch, and Prysby. Id. at 87, ¶ 261 (Page ID #17890). State and City officials did nothing. Id. at 88, ¶ 262 (Page ID #17891).
On July 9, 2015, City Utilities Administrator Michael Glasgow emailed MDEQ Water Quality Analyst Adam Rosenthal the following “Key Points” in all caps:
1) Flint has lots of lead pipe, no corrosion control treatment, and has had no legitimate LCR testing for at least a year.
2) Amongst low income infants, breast feeding rates are lower, and formula use is higher. Many Flint[] residents cannot afford to flush due to higher water rates. They cannot afford bottled water. This is an unprecedented situation and EPA needs to take this seriously. Now.

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3) We have one child with an elevated blood lead already . . . In fact, that is the only reason we know about any of the above.
4) MDEQ is still publicly insisting Flint water has tested safe, is safe, and that [F]lint has no violations of any sort.
Id. at 89, ¶ 267 (Page ID #17892).
“On July 10, 2015, MDEQ [Director of Communications] Brad Wurfel, in an effort to conceal the public health crisis, appeared on public radio and advised listeners that Flint water was safe and that it was not causing ‘any broad problem’ with lead leaching into residential water.” Id. at 88, ¶ 265 (Page ID #17891). Wurfel knowingly lied and assured parents in particular that “anyone who is concerned about lead in the drinking water can relax.” Id.
On July 22, 2015, Governor Snyder’s Chief of Staff wrote to the Director of MDHHS that residents’ concerns were being “blown off” by the Defendants. Id. at 89, ¶ 268 (Page ID #17892). Around the same time, Snyder’s Director of Urban Initiatives spoke to Snyder directly and “advised him of the growing concerns among Flint residents that they were being exposed to toxic levels of lead.” Id. at 89, ¶ 269 (Page ID #17892).
On July 24, 2015, Wurfel publicly stated that “residents of Flint do not need to worry about lead in their water supply, and DEQ’s recent sampling does not indicate an imminent health threat from lead or copper.” Id. at 89–90, ¶ 270 (Page ID #17892–93). But the sampling Wurfel referenced was “purposefully skewed . . . to minimize the crisis.” Id. at 90, ¶ 271 (Page ID #17893). Glasgow would later confess that the MDEQ altered water quality reports by removing the highest lead levels—“we threw out bottles everywhere just to collect as many as we can, just to hit our number.” Id.; see also id. at 91, ¶ 273 (Page ID #17894). Glasgow also “distort[ed] the City’s water test results by instructing residents to run their water—or ‘flush’ it—before testing, and fail[ed] to obtain water from certain houses.” Id. at 90–91, ¶ 272 (Page ID #17893–94). He claims that he skewed the samples at Busch’s and Prysby’s direction. Id. at 91, ¶ 273 (Page ID #17894).
When a July 2015 water quality report was altered to exclude some high lead levels, Rosenthal forwarded it on. Id. Rosenthal was investigated for “willful participation in the

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manipulation of lead testing results and falsely report[ing] that the 90th percentile of the results for lead water testing was below the federal action level.” Id.
In August 2015, Professor Marc Edwards from Virginia Tech publicly announced that the City of Flint was experiencing a major public health emergency. Id. at 91, ¶ 274 (Page ID #17894). Wurfel countered his announcement by stating that Professor Edwards and his team “only just arrived in town and (have) quickly proven the theory they set out to prove, and while the state appreciates academic participation in this discussion, offering broad, dire public health advice based on some quick testing could be seen as fanning political flames irresponsibly.” Id. at 92, ¶ 275 (Page ID #17895).
In the summer of 2015, Dr. Mona Hanna-Attisha published her own study to alert Flint residents to the dangers of drinking Flint River water. Id. at 93, ¶ 279 (Page ID #17896). Dr. Hanna-Attisha’s study showed a “spike in the percentage of Flint children with elevated blood lead levels from blood drawn in the second and third quarter of 2014.” Id. Although MDHHS had data of its own indicating a similar spike, id. at 92, ¶ 276 (Page ID #17895), Wurfel lied and stated on September 25, 2015, that “MDHHS officials have re-examined its blood lead level data and the MDHHS statistics do not show the same upward trend documented by Dr. HannaAttisha,” id. at 94, ¶ 283 (Page ID #17897). “On September 28, 2015, Wurfel stated publicly that the Flint water crisis was becoming ‘near-hysteria’ because of Dr. Hanna-Attisha’s report. He said that he wouldn’t call her reports ‘irresponsible. I would call them unfortunate.’ Wurfel finished his remarks that day by falsely stating that ‘Flint’s drinking water is safe in that it’s meeting state and federal standards.’” Id. at 94, ¶ 284 (Page ID #17897).
Over a year into the crisis, on October 8, 2015, Governor Snyder finally ordered the City of Flint to reconnect with the DWSD. Id. at 95, ¶ 287 (Page ID #17898). The City made the switch on October 16, 2015. Id. at 95, ¶ 288 (Page ID #17898). On October 18, 2015, the Director of the MDEQ emailed Governor Snyder and admitted that failing to implement optimized corrosion control for an entire year while Flint residents were being poisoned was a mistake. Id. at 95–96, ¶ 290 (Page ID #17898–99). The Governor’s own task force on the crisis reported in March 2016 that the Governor’s office failed to act, or even to conduct a

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comprehensive review of the water situation in Flint, in part because of cost. Id. at 150–51, ¶¶ 420–21 (Page ID #17953–54).
D. Aftershock
“Flint is currently in a state of crisis: Mayor Karen Weaver declared a State of Emergency on December 14, 2015 and on January 4, 2016, the Genesee County Commissioners declared a State of Emergency.” Id. at 96–97, ¶ 294 (Page ID #17899–17900). Governor Snyder did the same on January 5, 2016, but chose not to disclose the threat of legionella. Id. at 97, ¶ 295 (Page ID #17900). He disclosed that threat for the first time on January 13, 2016, on the same day that he activated the Michigan National Guard to assist the City of Flint. Id. at 97, ¶ 296 (Page ID #17900).
The water crisis has created persistent harms. The effects of lead poisoning are “catastrophic,” particularly for young children. Id. at 104–05, ¶ 314 (Page ID #17907–08). “In children, low levels of exposure have been linked to damage to the central and peripheral nervous system, learning disabilities, shorter stature, impaired hearing, and impaired formation and function of blood cells.” Id. (quoting EPA). “[L]ead affects children’s brain development resulting in reduced intelligence quotient (IQ), behavioral changes such as shortening of attention span and increased antisocial behavior, and reduced educational attainment. . . . The neurological and behavioral effects of lead are believed to be irreversible.” Id. at 105, ¶ 315 (Page ID #17908) (quoting World Health Organization). In some cases, “ingestion of lead can cause seizures, coma and even death.” Id. at 105, ¶ 316 (Page ID #17908) (quoting EPA). In pregnant women, the fetus can be exposed to lead in the mother’s body, causing reduced growth and premature birth. Id. at 105, ¶ 317 (Page ID #17908). “Flint’s children have suffered specific, measurable damages in the form of lost earning potential. They have also incurred damages in the form of required special educational, medical, sociological, occupational and disability services, and related education assistance programs.” Id. at 106–07, ¶ 322 (Page ID #17909–10).
In adults, lead exposure can damage cardiovascular, kidney, and reproductive functions. Id. at 107, ¶ 323 (Page ID #17910). A recent study shows a drastic drop in fertility following the

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water crisis. Id. at 107, ¶ 324 (Page ID #17910). “Given the long-lasting risks of lead exposure and the potential for lead sediment to be disturbed and re-mobilized into the water system, Plaintiffs will require regular medical and tap water testing and evaluation, at bare minimum, in accordance with government standards.” Id. at 107, ¶ 325 (Page ID #17910).
“Although the City has begun adding polyphosphate to its system to reduce the leaching of lead from its service lines, this is unlikely to render Flint’s water safe because many of the pipes have become so corroded that not even phosphate will be able to fully encapsulate the surface of the pipes and prevent lead from leaching into the water supply.” Id. at 109, ¶ 331 (Page ID #17912). The same problem applies to home pipes and appliances—meaning that solely replacing municipal pipes will not fix the health crisis. Id. at 109–12, ¶¶ 332–40 (Page ID #17912–15); id. at 119, ¶ 359 (Page ID #17922). And because “the health effects of lead poisoning often go undetected for some time,” there is a need for “ongoing medical monitoring[,] educational programs[, and] other remedial programs.” Id. at 119–20, ¶ 360 (Page ID #17922– 23). In many ways, the crisis has never ended.
E. Procedural History
This case is a consolidated class action in the In re Flint Water Cases litigation. See R. 173 (Order Consolidating Cases) (Page ID #8072). The only claim before us on appeal is Plaintiffs-Appellants’ 42 U.S.C. § 1983 substantive due process claim for deprivation of bodily integrity. The Putative Class includes Flint residents and businesses, but only Flint residents are parties to this appeal. The Defendants include City and State officials, the City of Flint, and private engineering firms, but only the government defendants are parties to this appeal.
Plaintiffs filed their First Amended Consolidated Class Action Complaint on September 29, 2017. R. 214 (1st Am. Compl.) (Page ID #8494). They filed a Second Amended Complaint on October 27, 2017. R. 238 (2d Am. Compl.) (Page ID #8737). Defendants then filed motions to dismiss under Rule 12 of the Federal Rules of Civil Procedure. See R. 273 (Mot. to Dismiss) (Page ID #9797); R. 274 (Mot. to Dismiss) (Page ID #9909); R. 276 (Mot. to Dismiss) (Page ID #9986); R. 277 (Mot. to Dismiss) (Page ID #10111); R. 278 (Mot. to Dismiss) (Page ID #10167); R. 279 (Mot. to Dismiss) (Page ID #10237); R. 281 (Mot. to Dismiss) (Page ID #10644); R. 282

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(Mot. to Dismiss) (Page ID #10789); R. 283 (Mot. to Dismiss) (Page ID #10931); R. 294 (Mot. to Dismiss) (Page ID #11358). Before those motions were resolved, Plaintiffs filed a Third Amended Complaint on January 25, 2018. R. 349 (Third Am. Compl.) (Page ID #11759).
On August 1, 2018, the district court issued an opinion and order granting in part and denying in part the motions to dismiss. Carthan v. Snyder (In re Flint Water Cases), 329 F. Supp. 3d 369 (E.D. Mich. 2018). Some Defendants appealed, while others filed motions for reconsideration. R. 560 (Mot. for Recons.) (Page ID #17043); R. 561 (Mot. for Recons.) (Page ID #17072); R. 570 (Notice of Appeal) (Page ID #17246); R. 573 (Notice of Appeal) (Page ID #17253); R. 575 (Notice of Appeal) (Page ID #17256); R. 579 (Notice of Appeal) (Page ID #17281); R. 589 (Notice of Appeal) (Page ID #17316). We declined to adjudicate the appeals until the district court resolved the motions for reconsideration. Notice of Abeyance, Waid v. Snyder, No. 18-1967, slip op. (6th Cir. Feb. 19, 2019). But before the district court could resolve those motions, Plaintiffs moved for leave to amend the Complaint, attaching a proposed Fourth Amended Complaint. R. 620 (Mot. for Leave to File Fourth Am. Compl.) (Page ID #17764).
To dispose of the essentially competing motions, the district court “adopted an unorthodox but necessary plan.” R. 798 (Op. & Order at 5) (Page ID #21107).6 The district court “interpreted plaintiffs’ motion [for leave to amend the complaint] as a joint motion for relief from judgment and a motion for leave to file an amended complaint. Finding just cause, the Court vacated its August 1 decision on November 9, 2018, so that it could consider plaintiffs’ motion for leave to amend.” Id. Because there was significant overlap between the Third Amended Complaint and the proposed Fourth Amended Complaint, and because the standards for leave to amend and Rule 12 dismissal are substantively the same, the district court adjudicated all pending motions in a single opinion and order. Id. at 5–6 (Page ID #21107–08). Accordingly, the district court “issue[d] an omnibus opinion and order, adjudicating plaintiffs’ motion for leave to file a fourth amended complaint, and, if successful, defendants’ motions to dismiss it in a single decision.” Id. (entered April 1, 2019). The district court granted Defendants-Appellants’ motions to dismiss Plaintiffs’ claims alleging § 1983 equal-protection

6We approved this approach in Waid v. Snyder, No. 18-1967, slip op. (6th Cir. Feb. 19, 2019) (order).

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violations, § 1985(3) conspiracy, Michigan’s Elliott Larsen Civil Rights Act (“ELCRA”), § 1983 state-created danger, and gross negligence. Id. at 128 (Page ID #21230). But the district court denied Defendants-Appellants’ motions to dismiss Plaintiffs-Appellees’ § 1983 bodily-integrity claim on the bases of qualified and absolute immunity.7 Id. at 127 (Page ID #21229).
Plaintiffs filed a Motion for Reconsideration of the April 1 order on April 15, 2019, regarding certain claims not at issue on this appeal. R. 809 (Pls. Mot. for Recons.) (Page ID #21864). The district court disposed of that motion on June 11, 2019. R. 880 (Order Den. Pls. Mot. for Recons.) (Page ID #23632).
II. JURISDICTION
Under the collateral order doctrine, we have jurisdiction over the City and State officials’ interlocutory appeals of the district court’s denial of qualified immunity to the extent they raise legal questions. Mitchell v. Forsyth, 472 U.S. 511, 526–27 (1985); Bunkley v. City of Detroit, 902 F.3d 552, 559 (6th Cir. 2018). The collateral order doctrine also provides us with jurisdiction over the City of Flint’s and Governor Whitmer’s interlocutory appeals from the district court’s denial of Eleventh Amendment sovereign immunity. See Puerto Rico Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139, 147 (1993). We accordingly have jurisdiction over each party’s appeal. See 28 U.S.C. § 1291.
III. DISCUSSION
Defendants-Appellants argue that they are immune from suit and that the district court should have granted their Rule 12(b)(6) motions to dismiss Plaintiffs-Appellees’ § 1983 bodilyintegrity claim. “Given this procedural posture, we construe the complaint in the light most favorable to plaintiffs, accept all well-pleaded factual allegations as true, and draw all reasonable inferences in plaintiffs’ favor.” Guertin, 912 F.3d at 916. At the same time, Plaintiffs’ factual allegations must state a plausible claim. Id. (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 556–58 (2007)).
7The district court granted motions to dismiss in favor of some Defendants, who accordingly are not a part of this appeal. R. 798 (Op. & Order at 128) (Page ID #21230). Additionally, Plaintiffs’ Monell claim was not certified for interlocutory appeal. Id. at 109 (Page ID #21211).

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Defendants-Appellants are City and State officials, sued in their individual capacities; the City of Flint; and Governor Whitmer, sued in her official capacity. We have already decided key issues of law in this case that came up in separate appeals:
(1) the creation and cover-up of the Flint Water Crisis violated Flint residents’ substantive due process right to bodily integrity, Guertin, 912 F.3d at 921;
(2) that right was clearly established at the time, id. at 934; (3) the City of Flint is not entitled to Eleventh Amendment immunity, even
though it was under State Emergency Manager control during the crisis, id. at 936; and (4) a request for prospective injunctive relief in the form of compensatory education, medical monitoring, and evaluation services can be pursued against the current Governor in her official capacity under Ex parte Young, Boler, 865 F.3d at 412–13.
Some (but not all) Defendants-Appellants were parties to the Guertin appeal and were denied qualified immunity in that case.
A. Qualified Immunity
The Defendant-Appellant City and State officials argue that qualified immunity shields them from suit. We review de novo a district court’s decision to deny qualified immunity. See Sutton v. Metro. Gov’t of Nashville & Davidson Cty., 700 F.3d 865, 871 (6th Cir. 2012). “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.” Ashcroft v. Al-Kidd, 563 U.S. 731, 735 (2011) (internal quotation marks omitted); see also Guertin, 912 F.3d at 917. Plaintiffs allege that Defendants-Appellants violated their substantive due process right to bodily integrity. R. 620-3 (Fourth Am. Compl. at 167–69, ¶¶ 463–70) (Page ID #17970–72). Because Plaintiffs do not allege that Defendants-Appellants intended to harm them, Plaintiffs-Appellees must demonstrate that they acted with deliberate indifference. Guertin, 912 F.3d at 926. The district court found Plaintiffs’ allegations sufficient to state a claim against DefendantsAppellants. R. 798 (Op. & Order at 100) (Page ID #21202).

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In Guertin, we held that City and State officials’ role in creating, sustaining, and covering up the Flint Water Crisis violated Flint residents’ right to bodily integrity, Guertin, 912 F.3d at 921, and that this right was clearly established at the time, id. at 934. The substantive due process clause of the Fourteenth Amendment protects against conscience-shocking deprivations of liberty. Id. at 918. Violating a person’s bodily integrity is a grave deprivation of their liberty. See id. at 918–19. The Guertin plaintiffs were deprived of their bodily integrity when government officials forcibly invaded their bodies by misleading them into consuming a lifethreatening substance. Id. at 920–22. Once that hurdle is met, whether the alleged conduct amounts to deliberate indifference depends on the circumstances, including whether the defendants had time to deliberate, whether there was an involuntary relationship, and whether there was a legitimate government purpose. See id. at 922–26. Each of these factors weighed against the defendants in Guertin. Id. at 925–26. And what was true there is true here: “the generally alleged conduct [i]s . . . egregious.” Id. at 925.
The parties agree that lead and legionella are life-threatening substances and that these contaminants spread to residents through the water supply. R. 798 (Op. & Order at 43) (Page ID #21145). Flint residents had no choice but to receive their water through the City’s water plan. See Guertin, 912 F.3d at 925 (citing Flint City Charter § 4-203(A); Flint Code of Ord. §§ 46-7, 46-50(b), 46-51, 46-52). On top of that, “various defendants’ assurances of the water’s potability hid the risks, turning residents’ voluntary consumption of a substance vital to subsistence into an involuntary and unknowing act of self-contamination.” Id. at 925–26. The Flint Water Crisis was a “predictable harm” set into motion by alleged decisions that “took place over a series of days, weeks, months, and years.” See id. at 925. Given officials’ ample time to deliberate, “this known risk cannot be excused on the basis of split-second decision making.” See id. Worse, the officials stood their ground. The crisis was undeniable, but they refused to switch the City back to clean water, or even to take the meager step of introducing corrosion control, or even to admit that the water was poisoned. “When such extended opportunities to do better are teamed with protracted failure even to care, indifference is truly shocking.” County of Sacramento v. Lewis, 523 U.S. 833, 853 (1998).

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No legitimate government purpose justifies the City and State officials’ actions. See Guertin, 912 F.3d at 926. “[J]ealously guarding the public’s purse cannot, under any circumstances, justify the yearlong contamination of an entire community.” Id. The question remains whether each Defendant-Appellant’s alleged actions individually amount to deliberate indifference. See id.
To state a claim for bodily integrity, Plaintiffs-Appellees must demonstrate that the officials’ actions “shock the conscience”—here, through deliberate indifference. See Guertin, 912 F.3d at 922, 926; see also Claybrook v. Birchwell, 199 F.3d 350, 359 (6th Cir. 2000). The standard for deliberate indifference is subjective recklessness. Guertin, 912 F.3d at 926. “[P]laintiffs must show the government officials ‘knew of facts from which they could infer a substantial risk of serious harm, that they did infer it, and that they acted with indifference toward the individual’s rights.’” Id. (quoting Range v. Douglas, 763 F.3d 573, 591 (6th Cir. 2014)).
Critically, this case comes to us at the motion to dismiss stage. The allegations in the Complaint must be taken as true. Id. at 916. Some judges of this court have even noted that, because the facts at this stage are yet undeveloped, “it is generally inappropriate for a district court to grant a 12(b)(6) motion to dismiss on the basis of qualified immunity. Although an officer’s entitlement to qualified immunity is a threshold question to be resolved at the earliest possible point, that point is usually summary judgment and not dismissal under Rule 12.” Wesley v. Campbell, 779 F.3d 421, 433–34 (6th Cir. 2015) (internal quotation omitted). With these principles in mind, Plaintiffs-Appellees have plausibly alleged that Defendants-Appellants violated their right to bodily integrity.
1. City Officials
Defendant-Appellant City Officials include Emergency Managers Earley and Ambrose, Public Works Director Croft, and Utilities Administrators Glasgow and Johnson. The Guertin court described Earley, Ambrose, and Croft as “instrumental in creating the crisis.” 912 F.3d at 926. We have not had the opportunity previously to address the conduct of Glasgow and Johnson.

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All of the Defendant-Appellant City Officials argue that they are entitled to qualified immunity because they acted based on professional opinions from MDEQ officials and private engineering firms. See Butz v. Economou, 438 U.S. 478, 507 (1978) (“Federal officials will not be liable for mere mistakes in judgment, whether the mistake is one of fact or one of law.”); Appellant Br. (19-1425) at 25, 27–29, 31–34. We have already held, however, that, “[t]o the extent these defendants claim ‘mistakes in judgment’ because they reasonably relied upon the opinions of Michigan Department of Environmental Quality (MDEQ) employees and professional engineering firms, those are facts to be fleshed out during discovery and are not appropriate to resolve at the motion-to-dismiss posture.” Guertin, 912 F.3d at 927 (citation omitted). The same reasoning applies here. At this stage, we must credit Plaintiffs’ allegation that the Defendant-Appellant City Officials had independent knowledge that the Flint River water was causing a public health crisis—regardless of what the MDEQ or the engineering firms reported.
a. Earley
Darnell Earley was Emergency Manager for the City from September 2013 (prior to the crisis) to January 2015 (in the midst of the crisis). Earley forced the switch to Flint River water when he knew that the FWTP was not ready and that it was important that the water be treated. R. 620-3 (Fourth Am. Compl. at 51, ¶ 147) (Page ID #17854); see also Guertin, 912 F.3d at 927. Plaintiffs-Appellees also allege that Earley directed City officials to lie to the public and tell them that the Legionnaires’ disease outbreak in the summer of 2014 “was ‘an internal issue at McLaren [Hospital] that they are working on with our assistance, not a Flint water problem that we are trying to resolve.’” R. 620-3 (Fourth Am. Compl. at 59, ¶ 175) (Page ID #17862). Even after he was briefed on water quality issues by the MDEQ in the fall of 2014, Earley refused to reconnect to the DWSD. Id. at 60–61, ¶¶ 180–81 (Page ID #17863–64). He again refused to reconnect to the DWSD in January 2015, when officials were aware of the lead and legionella problems and after the University of Michigan ceased use of Flint River drinking water because of lead contamination. Id. at 62, ¶¶ 185–86 (Page ID #17865). These actions plausibly demonstrate deliberate indifference to the crisis that would likely result.

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b. Ambrose
Gerald Ambrose took over as Emergency Manager for the City of Flint in January 2015 (in the midst of the crisis). Prior to that, he had served as Earley’s advisor, and had been notified about the Legionnaires’ disease outbreak in the summer of 2014. Id. at 59, ¶ 175 (Page ID #17862). Like Earley, he repeatedly refused to reconnect to the DWSD—showcasing an indifference that was “especially egregious” in light of the undeniable and worsening crisis. See Guertin, 912 F.3d at 927. After State officials installed water coolers in Flint offices and the GCHD reported that the outbreak of Legionnaires’ likely was connected to the use of Flint River water, the DWSD offered Ambrose a deal for reconnecting in January 2015. R. 620-3 (Fourth Am. Compl. at 81, ¶ 239) (Page ID #17884). He refused. Id. In February 2015, Flint residents publicly demanded reconnecting to the DWSD, and he again refused. Id. at 82, ¶ 243 (Page ID #17885). In March 2015, the Flint City Council voted to re-connect to DWSD. Id. at 86, ¶ 255 (Page ID #17889). Ambrose rejected their vote. Id. City and State officials were well aware of the crisis by January 2015 and were under the scrutiny of the GCHD and the EPA by March 2015. Ambrose’s staunch refusal to stop use of Flint River water in spite of what he knew plausibly demonstrates deliberate indifference to the crisis.
c. Glasgow
Michael Glasgow was a City Utilities Administrator, and the City’s water treatment plant laboratory and water quality supervisor. Prior to making the switch to the Flint River, he knew that the FWTP was not ready and that the City would be distributing contaminated water. Id. at 46, ¶ 129 (Page ID #17849). He tried to stop the switch from happening but nevertheless participated in the transition. Id. He later told State investigators that Croft and Johnson, who were his superiors, pressured him to make the switch. Id. at 47, ¶ 130 (Page ID #17850). Plaintiffs-Appellees concede that Glasgow’s conduct in implementing the switch did not demonstrate deliberate indifference. See Oral Argument at 1:12:52–1:13:10.
What Plaintiffs-Appellees take issue with is Glasgow’s later role in covering up the extent of lead contamination. In July 2015, Glasgow wrote to Rosenthal that “Flint has lots of lead pipe, no corrosion control treatment” and that “[t]his is an unprecedented situation and EPA

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needs to take this seriously. Now.” Id. at 89, ¶ 267 (Page ID #17892). Despite what he knew, he distorted water quality tests to downplay the extent of the lead contamination. Id. at 89–91, ¶¶ 270–72 (Page ID #17893–94). Glasgow claims that he did so at the direction of MDEQ officials Busch and Prysby. Id. at 91, ¶ 273 (Page ID #17894). But as Plaintiffs-Appellees point out, Busch and Prysby were MDEQ (not City) officials who, unlike Croft and Johnson, had no authority over him. The facts, when fully developed, ultimately might show that Glasgow truly was coerced into distorting the water quality tests, so that he cannot be said to have acted with deliberate indifference. But at this stage, the allegations plausibly support a reasonable inference that he did act with deliberate indifference when he helped to cover up the crisis.
d. Croft
Howard Croft was Public Works Director for the City of Flint. Croft permitted the switch to the Flint River even though he knew that the FWTP was not prepared to deliver safe drinking water. Id. at 47, ¶ 130 (Page ID #17850); see also Guertin, 912 F.3d at 927. In fact, Glasgow stated that Croft pressured him to make the switch despite Glasgow’s warnings. R. 620-3 (Fourth Am. Compl. at 47, ¶ 130) (Page ID #17850). Croft also knew from the GCHD that the Legionnaires’ disease outbreak was connected to Flint River water, and he did nothing. Id. at 138, ¶ 401 (Page ID #17941). His alleged role in creating and failing to mitigate the crisis plausibly demonstrates deliberate indifference.
e. Johnson
Daugherty Johnson was another City Utilities Administrator. Along with Croft, he purportedly pressured Glasgow to make the switch to the Flint River despite Glasgow’s warnings. Id. at 47, ¶ 130 (Page ID #17850). He also stonewalled the GCHD’s attempt to investigate Flint River water quality issues and the outbreak of Legionnaires’ disease. Id. at 83– 84, ¶¶ 248–50 (Page ID #17886–87). His alleged role in creating and covering up the crisis plausibly demonstrates deliberate indifference.

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2. MDEQ Officials
Defendant-Appellant MDEQ Officials include State agency employees who permitted the switch to the Flint River, distorted water quality tests, and resisted concerns from other agencies like the EPA and the GCHD regarding the quality of Flint River water. In Guertin, we stated that the MDEQ Officials—there, Busch, Shekter-Smith, Prysby, and Wurfel—“played a pivotal role in authorizing Flint to use its ill-prepared water treatment plant to distribute drinking water[,] . . . falsely assured the public that the water was safe[,] and attempted to refute assertions to the contrary.” 912 F.3d at 927. We have not had the opportunity previously to address the conduct of Rosenthal and Cook.
The MDEQ Officials argue that they decided not to use corrosion control based on a mistaken, but reasonable, interpretation of the EPA Lead and Copper Rule. Appellant Br. (191477) at 3–4, 38, 45. But as we stated in Guertin, “[t]o the extent these defendants made ‘honest mistakes in judgment’—in law or fact—in interpreting and applying the Lead and Copper Rule, that defense is again best reserved for after discovery.” 912 F.3d at 928 (citation omitted). At this stage, we must accept the reasonable inference from Plaintiffs’ allegations that, whatever the MDEQ’s purported justifications for its actions, it rushed the switch to the Flint River knowing it would deliver contaminated water and that the decision-makers cared only about cost, not water quality. Their purported defense also does not explain why they failed to treat the water after they came under the EPA’s scrutiny, or why they lied to the EPA.
Plaintiffs-Appellees plausibly allege a constitutional violation for each DefendantAppellant MDEQ Official for the reasons stated below.
a. Shekter-Smith
Liane Shekter-Smith was the MDEQ Chief of the Office of Drinking Water and Municipal Assistance. Despite knowing that Flint River water presented health risks, see R. 6203 (Fourth Am. Compl. at 40, ¶ 105) (Page ID #17843), she secured the necessary administrative consent order (or ACO) and rushed the switch to the Flint River before the FWTP was ready, see id. at 45–46, ¶ 128 (Page ID #17848–49). When reports poured in from residents that something was wrong with the water and that it was making them ill, she did nothing. See id. at 57, ¶¶ 165–

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67 (Page ID #17860). After privately suggesting that the water might be contaminated, id. at 85, ¶ 252 (Page ID #17888), she publicly combatted the GCHD’s legionella analysis, id. at 85–86, ¶¶ 252–53 (Page ID #17888–89). And she did nothing to mitigate the crisis even after the Del Toral Report blew the whistle on high lead levels in Flint’s water. Id. at 87–88, ¶¶ 259–62 (Page ID #17890–91). Her alleged role in creating, failing to mitigate, and covering up the crisis plausibly demonstrates deliberate indifference.
b. Rosenthal
Adam Rosenthal was the MDEQ Water Quality Analyst. He did not stop the switch to the Flint River in spite of Glasgow’s warning that the FWTP was not ready. Id. at 46, ¶ 129 (Page ID #17849). He knew as early as May 2014 that the water contained high TTHM levels that were above regulation (and indicated lead contamination), and did nothing. Id. at 58, ¶ 172 (Page ID #17861). In July 2015, Glasgow wrote to him that “Flint has lots of lead pipe, no corrosion control treatment” and that “[t]his is an unprecedented situation and EPA needs to take this seriously. Now.” Id. at 89, ¶ 267 (Page ID #17892). Yet, Glasgow wrote, “MDEQ is still publicly insisting Flint water has tested safe, is safe, and that [F]lint has no violations of any sort.” Id. Rosenthal, apparently unmoved, soon afterward distributed a distorted water quality report that was altered to exclude high lead levels. Id. at 91, ¶ 273 (Page ID #17894). He has also been accused of manipulating and falsely reporting the test results. Id. His alleged role in creating, failing to mitigate, and covering up the crisis plausibly demonstrates deliberate indifference.
c. Busch
Stephen Busch was the MDEQ District Supervisor. Busch knew as early as March 2013 that Flint River water presented health risks and would require significant treatment, id. at 40, ¶ 105 (Page ID #17843), but he did not stop the switch to the Flint River even after Glasgow warned him that the FWTP was not ready, id. at 46, ¶ 129 (Page ID #17849); see also Guertin, 912 F.3d at 927. When the MDEQ came under the EPA’s scrutiny for lead contamination, Busch lied and told Del Toral that the City was using corrosion control. R. 620-3 (Fourth Am. Compl. at 83, ¶ 246) (Page ID #17886); see also Guertin, 912 F.3d at 928. Busch claims that he

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did not lie and that, instead, he simply informed the EPA that the City had a corrosion control program in place, meaning that the City was monitoring the water without treating it. See Appellant Br. (19-1477) at 54. That is quibbling with the facts and asks us to do what we cannot at this stage—to view the allegations in the light most favorable to him. See Guertin, 912 F.3d at 916. Plaintiffs’ allegation stands.
Busch also lied to the GCHD. He told them that the evidence did not support a connection between the outbreak of Legionnaires’ disease and the switch to the Flint River. R. 620-3 (Fourth Am. Compl. at 85–86, ¶ 253) (Page ID #17888–89). And according to Glasgow, Busch directed him to distort water quality tests to exclude high results for lead contamination. Id. at 91, ¶ 273 (Page ID #17894). Busch’s alleged role in creating, failing to mitigate, and covering up the crisis plausibly demonstrates deliberate indifference.
d. Prysby
Michael Prysby worked under Busch as an MDEQ Engineer for District 11, which serviced the City of Flint. Along with Busch, he did not stop the switch to the Flint River in the face of Glasgow’s warnings, id. at 46, ¶ 129 (Page ID #17849); see also Guertin, 912 F.3d at 927; he did nothing in response to the Del Toral Report, R. 620-3 (Fourth Am. Compl. at 87–88, ¶¶ 259–62) (Page ID #17890–91); and he purportedly directed Glasgow to distort water quality tests to exclude high results for lead contamination, id. at 91, ¶ 273 (Page ID #17894). His alleged role in creating, failing to mitigate, and covering up the crisis plausibly demonstrates deliberate indifference.
e. Cook
Patrick Cook was the MDEQ Water Treatment Specialist. He signed the permit that was the last necessary approval for the (rushed) use of Flint River water and the FWTP. Id. at 47, ¶ 132 (Page ID #17850). Like other officials, he at first did nothing in response to the Del Toral Report. Id. at 87–88, ¶¶ 259–62 (Page ID #17890–91). Then, in April 2015, he admitted in an email to Del Toral that “Flint is currently not practicing corrosion control at the [F]WTP,” id. at 86–87, ¶ 257 (Page ID #17889–90), after Busch had lied and told the EPA that the City was using corrosion control, id. at 83, ¶ 246 (Page ID #17886). In the same email, however, Cook

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“misled the EPA regarding the necessity of using corrosion control in Flint after the switch.” Id. at 83, ¶ 247 (Page ID #17886). Cook contends that the email itself renders Plaintiffs’ reading of it implausible. Reply Br. (19-1477) at 6–7.
When a document attached to the complaint contradicts the allegations, the document trumps the allegations. Williams v. CitiMortgage, Inc., 498 F. App’x 532, 536 (6th Cir. 2012). For a document to contradict the complaint, it must “utterly discredit” the allegations. Cagayat v. United Collection Bureau, Inc., 952 F.3d 749, 755 (6th Cir. 2020) (quoting Bailey v. City of Ann Arbor, 860 F.3d 382, 386–87 (6th Cir. 2017)). The email at issue here does not utterly discredit Plaintiffs’ allegations. Though Cook admits at the start of the email that the City is not using corrosion control, he then states that there was and is no need to do so because the Flint River water’s testing results were within the regulatory limit of 15 ppb for lead. R. 735-3 (Cook Email at 2) (Page ID #20343) (“The first round of samples after switch-over from DWSD . . . had 90th percentiles of 6 ppb for Lead . . . . The highest lead result out of the 20 [samples] received [from the second round of testing] thus far is 13 ppb.”). Touting allegedly distorted water quality test results and false compliance plausibly was misleading. Therefore, the district court was right to credit Plaintiffs’ allegations. Cook’s alleged role in creating and covering up the crisis plausibly demonstrates deliberate indifference.8
f. Wurfel
Bradley Wurfel was the MDEQ Director of Communications and was instrumental in the coverup. In the summer of 2015, as concerns and criticism reached their peak, he repeatedly lied to the public and assured them that Flint River water was safe. R. 620-3 (Fourth Am. Compl. at 88–90, ¶¶ 265–70) (Page ID #17891–93); see also Guertin, 912 F.3d at 928. He told parents that “anyone who is concerned about lead in the drinking water can relax.” R. 620-3 (Fourth Am. Compl. at 88, ¶ 265) (Page ID #17891). He cited distorted water quality tests as evidence that

8Defendant Cook notified us that the district court dismissed him from a separate Flint Water Crisis case, Brown v. Snyder (In re Flint Water Cases), No. 18-cv-10726, 2020 WL 1503256, at *12 (E.D. Mich. Mar. 27, 2020). He contends that his dismissal from Brown similarly warrants his dismissal here. We disagree. The district court in Brown dismissed Cook because his wrongful conduct occurred after the plaintiff’s injury in that case. Id. at *10, 12. The plaintiff in Brown had died of Legionnaires’ disease before Cook allegedly misled the EPA. Id. There is no similar timing issue in this case.

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“residents of Flint do not need to worry about lead in their water supply.” Id. at 89–90, ¶ 270 (Page ID #17892–93). He even attacked independent whistleblower reports by Professor Edwards and Dr. Hanna-Attisha that stated that the City of Flint was in the midst of a major public health emergency. He accused Professor Edwards of “quickly prov[ing] the theory [he] set out to prove” and decried the “near-hysteria” resulting from Dr. Hanna-Attisha’s report. Id. at 92, ¶ 275 (Page ID #17895); id. at 94, ¶¶ 283–84 (Page ID #17897); see also Guertin, 912 F.3d at 928.
Wurfel asks us to consider the context and totality of the statements he made, but points to nothing that directly negates Plaintiffs’ allegations. See Appellant Br. (19-1477) at 50–52. We will not view the allegations in the light most favorable to the defendant—and that is essentially what Wurfel asks us to do. See Guertin, 912 F.3d at 916. We also reject his attempt to reargue his position in Guertin that “mere” public statements cannot violate a person’s right to bodily integrity. See Reply Br. (19-1477) at 11–13. The Guertin court concluded that public statements like those alleged here did amount to a constitutional violation. 912 F.3d at 929. That decision controls. Wurfel’s alleged role in covering up the crisis plausibly demonstrates deliberate indifference.
3. State Officials
The Defendant-Appellant State Officials sued in their individual capacities are Governor Snyder and Treasurer Dillon. We have not had the opportunity previously to address their conduct. We hold that Plaintiffs-Appellees plausibly allege a constitutional violation as to Snyder, but we refrain from deciding this question for Dillon until the district court has an opportunity to reconsider in light of Brown v. Snyder (In re Flint Water Cases), No. 18-cv10726, 2020 WL 1503256, at *9 (E.D. Mich. Mar. 27, 2020).
a. Governor Snyder
Governor Snyder was in office for the entire relevant time period. He “was personally involved in the decisional process which led to the transition from DWSD to the KWA,” id. at 42, ¶ 114 (Page ID #17845), having himself coordinated the switch, id. at 43, ¶ 115–18 (Page ID #17846). And he knew that the Flint River would serve as the City’s interim water source until

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the KWA went online. Id. at 44, ¶ 119 (Page ID #17847). Prior to the switch, a member of his staff warned him that it “could lead to some big potential disasters down the road.” See id. at 45, ¶ 127 (Page ID #17848). In spite of that warning, Snyder did not stop the switch from going forward.
Soon after the switch, there was evidence of corrosion and accompanying lead and legionella contamination. See id. at 58–60, 62, ¶¶ 173, 177, 187 (Page ID #17861–63, 17865). On October 13, 2014, General Motors stopped using Flint River water at its engine plant out of fear that the water would corrode its machinery. Id. at 60, ¶ 179 (Page ID #17863). The next day, a member of Snyder’s executive staff expressed concern with the reports coming out about the water’s contamination and recommended that they ask the Emergency Manager to switch back to the DWSD “as an interim solution to both the quality, and now the financial, problems that the current solution is causing.” Id. at 60–61, ¶ 180 (Page ID #17863–64). Snyder’s legal counsel similarly stated that the dangers posed by Flint River water were “downright scary” and “advised that, ‘[t]hey should try to get back on the Detroit system as a stopgap ASAP before this thing gets too far out of control.’” Id. at 61, ¶ 182 (Page ID #17864). Snyder evidently was unmoved.
In January 2015, the University of Michigan turned off certain water fountains on its Flint campus after tests revealed high levels of lead contamination. Id. at 62, ¶ 185 (Page ID #17865). Around the same time, the GCHD reported a likely “association between the spike in Legionnaires’ disease reports and the onset of the use of Flint River water.” Id. at 81, ¶ 237 (Page ID #17884). Meanwhile, State officials had water coolers discreetly installed in State buildings located in Flint, without announcing their concerns to the public. Id. at 80, ¶ 235 (Page ID #17883). At some point in 2015, Snyder met with other government officials to discuss the serious threats posed by lead and legionella contamination, and his office even considered distributing water filters to protect Flint water users. Id. at 80, ¶ 233 (Page ID #17883); id. at 84, ¶ 249 (Page ID #17887). But ultimately Snyder did nothing.
In addition to public reports from whistleblowers, Snyder’s own staff kept him personally apprised of the worsening crisis. In April 2015, Snyder’s chief of staff emailed Snyder and other staff members that “[t]he water issue continues to be a danger flag.” Id. at 87, ¶ 258 (Page ID

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#17890). Soon afterward, Snyder’s Director of Urban Initiatives spoke to Snyder directly and “advised him of the growing concerns among Flint residents that they were being exposed to toxic levels of lead.” Id. at 89, ¶ 269 (Page ID #17892). Nothing came of it. All the while, Snyder kept the crisis under wraps and stood by as the public continued to be poisoned. The Governor’s own task force eventually would disclose that Snyder failed to act in part because of cost. Id. at 150–51, ¶¶ 420–21 (Page ID #17953–54).
Finally, after more than a year into the crisis, Snyder relented and ordered the City of Flint to reconnect with the DWSD on October 8, 2015. Id. at 95, ¶ 287 (Page ID #17898). He declared a State of Emergency three months later on January 5, 2016, and disclosed the legionella problem on January 13, 2016. Id. at 97, ¶¶ 295–96 (Page ID #17900). “Without a state of emergency, plaintiffs were denied valuable resources that could have helped abate the harm that they were still suffering.” R. 798 (Op. & Order at 46–47) (Page ID #21148–49).
Snyder argues in the first instance that he is entitled to qualified immunity because he acted (or failed to act) in reliance on the MDEQ and engineering firms’ assessments. See Appellant Br. (19-1472) at 37–40. Again, “those are facts to be fleshed out during discovery and are not appropriate to resolve at the motion-to-dismiss posture.” Guertin, 912 F.3d at 927 (citations omitted). For the same reason, his defense that any alleged disinformation or inaction arose from legitimate disagreements over “the nature and extent of the problems and the appropriate solution” is misplaced at this stage. See Reply Br. (19-1472) at 8–11.
We agree with the district court that the allegations against Governor Snyder are sufficient to state a claim for deliberate indifference. See R. 798 (Op. & Order at 39–47) (Page ID #21141–49). Unlike the executive defendants in Guertin, Snyder personally contributed to creating this crisis. The executives that we decided should have been dismissed in Guertin were Wyant, the Director of the MDEQ; Lyon, the Director of the MDHHS; and Wells, the Chief Medical Executive of the MDHHS. Guertin, 912 F.3d at 929–31. Wyant may have been “aware of some of the issues arising with the water supply post-switch,” but there were no plausible allegations that “Wyant personally made decisions regarding the water-source switch” or that “he personally engaged” in other conscience-shocking conduct. Id. at 929. As for Lyon and Wells, we noted that “[t]he complaint set[] forth no facts connecting Lyon and Wells to the switch to the

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Flint River or the decision not to treat the water, and there [wa]s no allegation that they took any action causing plaintiffs to consume the lead-contaminated water.” Id. at 929–30. All that the plaintiffs alleged was a general “fail[ure] to ‘protect and notify the public’ of the problems with Flint’s water,” rather than allege a particular action taken by Lyon or Wells that would demonstrate their deliberate indifference. Id. at 930.
Plaintiffs’ allegations here demonstrate that Governor Snyder personally was aware that Flint River water was contaminated and that he personally made the decision to switch the City from the DWSD to Flint River water. The allegations demonstrate that Snyder personally understood not just from public reports, but from his own staff, that Flint residents were being poisoned. Plaintiffs’ allegations demonstrate that Snyder downplayed the problem and delayed taking action to protect the people of Flint, first by refusing to switch back to the DWSD, then by failing to supply Flint residents with protective supplies, and finally by waiting three months after the City connected back to the DWSD to declare a state of emergency. Snyder’s alleged role in creating, failing to mitigate, and covering up the crisis plausibly demonstrates deliberate indifference.9
b. State Treasurer Dillon
Andy Dillon was Treasurer for the State of Michigan when the City was in the process of switching to Flint River water. Dillon was asked to assess the cost effectiveness of staying with the DWSD or switching to the KWA. See id. at 39–40, ¶ 104 (Page ID #17842–43). Dillon ultimately recommended to Snyder that the Governor authorize the City to switch to the KWA, after Dillon learned that the City could fund the switch with an ACO that would require use of Flint River water in the interim. Id. at 41, ¶ 107 (Page ID #17844). Dillon was part of the core team that developed the interim Flint River plan, see id. at 44, ¶ 119 (Page ID #17847), and he knew that the FWTP would need to undergo significant upgrades before it could treat the water
9We note, without passing judgment, that the district court dismissed Governor Snyder from the action in Guertin. See Guertin v. Michigan, No. 16-cv-12412, 2017 WL 2418007, at *24 (E.D. Mich. June 5, 2017). It did so because there were no plausible allegations in that case that Governor Snyder personally was involved in the decision-making process for using Flint River water. Id. The plaintiffs’ theory in Guertin was that Snyder should be on the hook merely because he appointed the City Managers who helped to create and sustain the crisis. Id. The same cannot be said here, as Plaintiffs have alleged Snyder’s personal actions and knowledge in great detail.

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properly, id. at 44, ¶ 122 (Page ID #17847). In spite of what he knew, the Treasury pressed the MDEQ to secure the ACO quickly, so that the switch to the Flint River would take place before the FWTP was ready. Id. at 130, ¶ 383 (Page ID #17933).
Plaintiffs-Appellees ask that we remand for the district court to decide whether to dismiss Dillon from this case. Defendants-Appellants do not protest that request. After we accepted this appeal, the district court dismissed Dillon as a defendant in a separate Flint Water Crisis case, Brown v. Snyder (In re Flint Water Cases), No. 18-cv-10726, 2020 WL 1503256, at *9 (E.D. Mich. Mar. 27, 2020). The district court recently discovered that Dillon was not Treasurer at the time of the actual switch to Flint River water in April 2014. Id. at *9 n.13. In light of that, the district court found that Dillon did not have authority over the switch and, therefore, that he cannot be found liable. Id. Without passing judgment on that decision, we see no issue with Plaintiffs-Appellees’ request that we remand for the district court to decide in the first instance whether to dismiss Dillon in light of that fact. See Lopez v. Foerster, 791 F. App’x 582, 586 (6th Cir. 2019) (“Although we have jurisdiction to decide the qualified-immunity question, given the unique circumstances of this case, we remand to the district court to consider the issue in the first instance.”).
B. Eleventh Amendment Immunity
The City of Flint and Governor Whitmer argue that they are entitled to Eleventh Amendment sovereign immunity. “Whether Eleventh Amendment sovereign immunity exists in any particular case is a question of constitutional law that we review de novo.” Mingus v. Butler, 591 F.3d 474, 481 (6th Cir. 2010).
The Eleventh Amendment generally bars suits against the State, but generally does not bar suits against cities. U.S. CONST. amend. XI (“The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by Citizens of another State, or by Citizens or Subjects of any Foreign State.”); see also S&M Brands, Inc. v. Cooper, 527 F.3d 500, 507 (6th Cir. 2008); Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 690 n.54 (1978). Two quirks of immunity doctrine are at play in this

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appeal. The district court correctly concluded that precedent from prior Flint Water cases precludes the City’s and Governor Whitmer’s arguments in this case.
1. City of Flint
The City argues that it is entitled to Eleventh Amendment sovereign immunity because it was under State emergency management during the events leading up to and during the Flint Water Crisis. “Although municipalities typically do not enjoy sovereign immunity, ‘arms of the state’ do.” Appellant Br. (19-1425) at 36; Metcalf, 506 U.S. at 144 (“[A] State and its ‘arms’ are, in effect, immune from suit in federal court.”). We already foreclosed this argument in Guertin. The Guertin court held that the City was not acting as an arm of the State when it was under State emergency management and, accordingly, that it was not entitled to sovereign immunity. 912 F.3d at 936. The City acknowledges that Guertin’s holding is binding on this panel. Appellant Br. (19-1425) at 36 n.15. It makes its present argument “for the purpose of preserving the issue for further appeal,” if any. Id. We accordingly note that the City has preserved its argument and that we abide by our decision in Guertin.
2. Governor Whitmer
Plaintiffs seek prospective injunctive relief against Governor Whitmer in her official capacity to combat the ongoing effects from the violation of their constitutional rights. They accordingly seek “[a]n injunctive order to remediate the harm caused by the Government Defendants’ unconstitutional conduct including, but not limited to: repairs of private property and establishment of medical monitoring to provide health care and other appropriate services to Class members for a period of time deemed appropriate by the Court.” R. 620-3 (Fourth Am. Compl. at 214) (Page ID #18017). They also seek “[a]ppointment of a monitor who will assist in the development of remedial plans including, but not limited to: early education, education intervention programs, criminal and juvenile justice evaluations.” Id.
Under Rule 25(d) of the Federal Rules of Civil Procedure, the successor to an officer sued in their official capacity is “automatically substituted as a party.” FED. R. CIV. P. 25(d). When Whitmer succeeded Snyder in January 2019, she automatically became a party to this

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action in her official capacity as Governor. Whitmer argues that she is entitled to sovereign immunity because Plaintiffs fail to plead a proper Ex parte Young claim against her.
The State generally is immune from suit, but Ex parte Young provides an exception for plaintiffs seeking prospective injunctive relief against State actors in their official capacity. 209 U.S. at 156; S&M Brands, 527 F.3d at 507. Plaintiffs originally pleaded their Ex parte Young claims against Governor Snyder, but since Governor Whitmer has taken office, they have not amended their Complaint to include allegations against her personally. Appellant Br. (19-1472) at 52–53. Whitmer argues that, because the alleged unconstitutional conduct occurred solely in the past, the pleadings are deficient to state a claim for prospective injunctive relief. PlaintiffsAppellees point out that we rejected a similar argument by Governor Snyder in Boler, a previous Flint Water case. 865 F.3d at 412–14.
Plaintiffs-Appellees seek prospective injunctive relief to remediate the ongoing harms stemming from the Flint Water Crisis. This type of relief is proper under Ex parte Young. See Milliken v. Bradley, 433 U.S. 267, 290 (1977). In Milliken, the Supreme Court held that, under Ex parte Young, courts could order newly integrated schools to implement remedial education programs in order to combat the lasting effects of de jure school segregation. Id. “[T]he victims of Detroit’s de jure segregated system will continue to experience the effects of segregation,” the Court reasoned, “until such future time as the remedial programs can help dissipate the continuing effects of past misconduct.” Id. (emphasis added). Like the remedial education programs at issue in Milliken, the remedial measures that Plaintiffs-Appellees request here “are plainly designed to wipe out continuing [harms] produced by” the unconstitutional acts of Defendants-Appellants. See id.10

10Defendants-Appellants argue that we should look to Green v. Mansour, 474 U.S. 64 (1985)—not Milliken—to decide this case. They rely upon the Supreme Court’s statement in Green that the Eleventh Amendment permits suits against the State only “designed to prevent ongoing violations of federal law.” Id. at 71. Green is not on point. There, the Supreme Court held that plaintiffs could not seek notice relief ancillary to a declaratory judgment under Ex parte Young that would, in effect, serve only to provide them with retroactive monetary relief. See Green, 474 U.S. at 73 (“The issuance of a declaratory judgment in these circumstances would have much the same effect as a full-fledged award of damages or restitution by the federal court, the latter kinds of relief being of course prohibited by the Eleventh Amendment.”). Green did not confront the same issue that is involved in this case—whether remedial measures to combat the effects of past constitutional violations are available as a form of prospective injunctive relief under Ex parte Young.

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What was true in Boler remains true today: “Damage to the water pipes has been done, and has ongoing effects.” 865 F.3d at 413. The year-long corrosion of public and private water pipes continues to contaminate the water, and the prolonged and extreme exposure to lead— particularly in children and mothers—will leave lasting developmental effects. See supra pp. 17–18. Plaintiffs have alleged ongoing effects from constitutional violations, even if the conduct at issue occurred solely in the past. See Boler, 865 F.3d at 413. Moreover, Plaintiffs’ requests for repairs, medical monitoring, educational programs, and criminal and juvenile justice evaluations are identical to those sought and upheld in Boler. See Boler, 865 F.3d at 413.
Nevertheless, Whitmer argues, this case is different because she personally did not commit the initial constitutional violations and she is not alleged to be deliberately indifferent now. That distinction makes no difference. As Plaintiffs-Appellees aptly state, “[a]n officialcapacity suit for prospective relief is simply the vehicle by which the state can be compelled to fix a constitutional violation” committed in the past that has continuing effects. Appellees Br. at 82 (citing Lewis v. Clarke, 137 S. Ct. 1285, 1290–91 (2017)). It does not matter what Whitmer personally did or did not do in the past, or even in the present. “Injunctive relief is appropriate here, not because the defendants will be deliberately indifferent again in the future, but because the past deliberate indifference has continuing effects.” Id. at 83 (citing Boler, 865 F.3d at 413). We conclude that the district court rightly rejected Whitmer’s Eleventh Amendment argument.
IV. CONCLUSION
We AFFIRM the district court’s denial of the motions to dismiss with respect to every Defendant-Appellant except Treasurer Dillon. We REMAND for the district court to decide whether Dillon should be dismissed in light of its decision in Brown v. Snyder (In re Flint Water Cases), No. 18-cv-10726, 2020 WL 1503256, at *9 (E.D. Mich. Mar. 27, 2020).

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_____________________________________________________________________
CONCURRING IN THE JUDGMENT IN PART AND DISSENTING IN PART _____________________________________________________________________
MURPHY, J., concurring in the judgment in part and dissenting in part. Like other cases that have reached our court, this case arises out of the tragedy known as the Flint water crisis. See Guertin v. Michigan, 912 F.3d 907 (6th Cir. 2019); Boler v. Earley, 865 F.3d 391 (6th Cir. 2017). The district court held that the plaintiffs’ complaint stated actionable claims against many government actors in Michigan. Carthan v. Snyder, 384 F. Supp. 3d 802, 839–43, 857–61 (E.D. Mich. 2019). These government actors have taken this immediate appeal on qualified-immunity grounds. Yet our court recently allowed similar claims to proceed against many of the same actors. Guertin, 912 F.3d at 926–32. I joined Judge Kethledge’s dissent from the denial of rehearing en banc in that case. Guertin v. Michigan, 924 F.3d 309, 315 (6th Cir. 2019) (Kethledge, J., dissenting from the denial of rehearing en banc). While “the sympathies of every decent person run entirely to the plaintiffs” in all of these cases, I did not believe that the complaint’s allegations met the Supreme Court’s high bar “for prying away an officer’s qualified immunity”—even at the early motion-to-dismiss stage. Id. at 315–16; cf. Ziglar v. Abbasi, 137 S. Ct. 1843, 1865–69 (2017).
Now, however, Guertin is circuit law that we must faithfully follow. And this case’s similarities to Guertin are striking. This case’s plaintiffs? Flint residents who allege serious harm from contaminated water, just as in Guertin. Its defendants? State and local actors, many of whom were defendants in Guertin. The claim? That these actors violated the same substantive-due-process right to bodily integrity at issue in Guertin. The procedural posture? An appeal from the denial of a motion to dismiss the complaint, just as in Guertin. The allegations? Largely the same as in Guertin—that government actors played various roles in switching Flint’s water supply to a contaminated source and then in concealing the water’s contaminated nature. The defenses? The same qualified-immunity and sovereign-immunity defenses from Guertin (and Boler).
What does this background mean for this case? As an initial matter, I would have written the majority opinion “in a different key.” Guertin, 924 F.3d at 311 (Sutton, J., concurring in the

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denial of rehearing en banc). This appeal arises at the pleading stage. We must assume that the complaint’s allegations are true even though many remain hotly contested by the defendants. If discovery ends up showing only negligence on their part, the defendants may raise their qualified-immunity defenses at the summary-judgment stage. See id. at 315; Guertin, 912 F.3d at 935. Still, I agree with most of my colleagues’ conclusions. Under Guertin, I agree that the substantive-due-process claims must proceed against the defendants from the City of Flint (Emergency Managers Gerald Ambrose and Darnell Earley, Director of Public Works Howard Croft, and Utility Administrators Michael Glasgow and Daugherty Johnson). And I agree that the claims must proceed against the defendants from the Michigan Department of Environmental Quality (Stephen Busch, Patrick Cook, Michael Prysby, Adam Rosenthal, Liane Shekter-Smith, and Bradley Wurfel). Yet I respectfully disagree with my colleagues over whether Guertin permits the claim against former Governor Rick Snyder, and I also would resolve the claim against former Treasurer Andy Dillon now. I read Guertin as requiring us to reject the claims against Snyder and Dillon.
Keep in mind that the Guertin appeal involved twelve individual defendants, but our court allowed claims to proceed against only seven of them. 912 F.3d at 932. Guertin noted that public actors infringe a due-process right to bodily integrity when they injure individuals through conduct that “shocks the conscience.” Id. at 918–24. And it chose a deliberate-indifference test to measure whether the defendants’ actions in that case shocked the conscience. Id. at 926. That test (which Guertin called a “particularly high hurdle”) required the plaintiffs to plausibly allege that the defendants “knew of facts from which they could infer a substantial risk of serious harm, that they did infer it, and that they acted with indifference toward the individual’s rights.” Id. (internal quotation marks omitted). Importantly, Guertin then explained that it must apply this test to “each individual defendant’s conduct” because public actors cannot be held vicariously liable for the conduct of others under 42 U.S.C. § 1983. Id. at 926, 929.
Why did Guertin find this test met for some defendants but not for others? As I read our opinion, it distinguished the actors with the most day-to-day involvement in allegedly causing the crisis (or in allegedly covering it up) from higher-level officials with more supervisory roles

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or other employees with more tangential roles. See id. at 926–32; cf. Ashcroft v. Iqbal, 556 U.S. 662, 680–84 (2009).
On the one hand, Guertin allowed claims against the City of Flint employees who were allegedly the “chief architects” of the switch to the Flint River and who made that change while knowing that the Flint water-treatment plant was not ready. 912 F.3d at 926. Guertin also allowed claims against the “front and center” employees in the Michigan Department of Environmental Quality who allegedly “authorized use of Flint River water with knowledge of its contaminants and then deceived others to hide the fact of contamination.” Id. at 927.
On the other hand, Guertin rejected a claim against Daniel Wyant, the Director of the Michigan Department of Environmental Quality, who managed these employees and who was “aware of some of the issues” with the water after the transition. Id. at 929. The plaintiffs did not allege that he “personally made decisions regarding the water-source switch, nor [did] they allege he personally engaged in any other conduct that [we found] conscience-shocking.” Id. Similarly, the court rejected claims against Nick Lyon, the Director of the Michigan Department of Health and Human Services, and another executive in his department. Id. at 929–30. While these actors allegedly knew of problems with the water and failed to warn the public, those allegations fell “well-short of conscience-shocking conduct[.]” Id. at 930. Guertin lastly dismissed claims against two other lower-level employees in that department even though they allegedly sought to hide evidence of the crisis. Id. at 931–32. Guertin reasoned that the failure to “blow the whistle” did not suffice to meet its deliberate-indifference test. Id. at 932.
Now apply these standards to the thirteen defendants sued in their personal capacities in this appeal. Guertin already denied qualified immunity to seven of them—three defendants with the city (Earley, Ambrose, and Croft) and four with the Michigan Department of Environmental Quality (Busch, Prysby, Shekter-Smith, and Wurfel). See id. at 926–29. The complaint in this case makes allegations against these defendants that are analogous to those in Guertin. So Guertin requires us to allow the claims to proceed against these defendants in this case too.
Guertin did not consider two other defendants with the Michigan Department of Environmental Quality (Cook and Rosenthal) and two other defendants with the City of Flint

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(Glasgow and Johnson). But the complaint’s allegations against these actors fit the profile of those that Guertin found to shock the conscience. As I read Guertin, the key conscienceshocking allegations against the relevant actors were that they knowingly authorized use of contaminated water and engaged in “lies” by “deceiv[ing] others to hide the fact of contamination.” Id. at 929; see id. at 927. The complaint in this case asserts similar claims against Cook and Rosenthal. Cook is alleged to have intentionally misled the EPA about the need for corrosion control by knowingly providing the EPA with false information. Compl., R.620-3, PageID#17886. And Rosenthal is alleged to have “willful[ly] participat[ed] in the manipulation of lead testing results[.]” Id., PageID#17894. Similarly, Glasgow allegedly participated in testing that “purposefully skewed the results to minimize the crisis,” wrongly telling residents “to run their water—or ‘flush’ it—before testing[.]” Id., PageID#17893–94. Finally, in the days before the switch to the Flint River water source, Johnson allegedly pressured Glasgow to complete the transition even though Glasgow told him that the Flint plant was not ready to safely operate. Id., PageID#17849–50. Under Guertin, these allegations against these defendants are enough.
That leaves the claims against former Governor Snyder and Treasurer Dillon, neither of whom were addressed by Guertin. As I see it, both are entitled to qualified immunity under Guertin’s own logic. Start with the former governor. From a bird’s-eye view, Guertin already dismissed two of Snyder’s cabinet-level officials—Directors Wyant and Lyon—because it viewed them as too far removed from the conscience-shocking conduct. 912 F.3d at 929–32. If Snyder’s subordinates were too far removed from the crisis to remain defendants, that fact should make us think twice before allowing claims to proceed against an official even further removed.
To be sure, we are reviewing a different complaint. But the new allegations against Snyder do not overcome the “particularly high hurdle” that Guertin set. Id. at 926. Those allegations fall into two general time periods—those before the April 2014 transition to the Flint River water source and those after it. The allegations for both time periods fail to establish an actionable claim.

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Before the transition, the complaint at least alleges that Snyder took an action. Sometime in mid-2013, he allegedly approved the transition after subordinates and city officials recommended it to him. Compl., R.620-3, PageID#17842–46. But the complaint fails to plausibly allege facts suggesting that this approval was callously indifferent to a then-known risk of harm. See Guertin, 912 F.3d at 926. Indeed, the complaint itself identifies an earlier study suggesting that Flint River water could satisfy regulations if the Flint plant received $69 million in upgrades. Compl., R.620-3, PageID#17839–40. And it also suggests that the switch contemplated upgrades. Id., PageID#17853–59. Nothing in these allegations takes this claim outside the usual rule that most “governmental policy choices come with risks attached to both of the competing options, and yet ‘it is not a tort for government to govern’ by picking one option over another.” Guertin, 912 F.3d at 924–25 (quoting Schroder v. City of Fort Thomas, 412 F.3d 724, 729 (6th Cir. 2005)).
In that respect, Snyder’s sign-off is nothing like the conscience-shocking actions allegedly taken by the “chief architects” of the transition. Id. at 926. Much later in April 2014, some of those defendants allegedly forced the transition through despite full knowledge that the Flint water-treatment plant was not ready to safely operate. Id. Indeed, the complaint alleges that Glasgow initially refused to approve the change but was pressured to proceed anyway. Compl., R.620-3, PageID#17849–50. The complaint makes no equivalent allegations against Snyder. At most, it identifies a March 2014 email from someone in the governor’s office sent “to several others in the governor’s office” suggesting that the expedited time frame was “less than ideal and could lead to some big potential disasters down the road.” Id., PageID#17848. The complaint does not even allege that the governor saw this email. Regardless, Guertin held that a claim could not proceed against Director Wyant even though the complaint alleged that he “was aware of some of the issues arising with the water supply post-switch[.]” Guertin, 912 F.3d at 929. Even if Snyder did receive this email, it would establish no more than the general awareness of issues followed by inaction that Guertin found insufficient.
After the transition, the complaint alleges that Snyder was “aware of the health crisis” by early 2015, but failed to take any “corrective action” until October 2015 (when he ordered a return to the prior water source) and January 2016 (when he declared a state of emergency).

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Compl., R.620-3, PageID#17885; see id., PageID#17887, 17891, 17898–17900. The complaint adds that “public assurances provided by members of his Administration that Flint’s water was ‘safe’ were recklessly false, and caused or contributed to the poisoning of Flint’s citizenry.” Id., PageID#17904; see Carthan, 384 F. Supp. 3d at 841–43.
In two ways, these allegations are similar to the allegations against Directors Wyant and Lyon that Guertin found insufficient. First, the complaint asserts no well-pleaded allegations that Snyder himself deceived the public; instead, it raises generic claims of deception against his “Administration.” Compl., R.620-3, PageID#17904. Yet, as with respect to Director Wyant in Guertin, even if “the conduct of individuals within his [chain of command] was constitutionally abhorrent, we may only hold [Snyder] accountable for his own conduct, not the misconduct of his subordinates.” Guertin, 912 F.3d at 929 (citing Iqbal, 556 U.S. at 676–77). Second, the complaint alleges that Snyder knew of the problems and failed to disclose them to the public or to act sooner. Yet, as with respect to Director Lyon in Guertin, an alleged “fail[ure] to ‘protect and notify the public’” cannot state a claim because substantive due process “is a limitation only on government action.” Id. at 930. I thus would grant Snyder qualified immunity and dismiss him from this suit.
Turn to former Treasurer Dillon. My colleagues remand the claim against him so that the district court may reconsider its earlier decision in light of a later decision granting him qualified immunity in a parallel case. Yet my analysis concerning Governor Snyder requires me to find Dillon entitled to qualified immunity too. The complaint’s only allegations against Dillon are that he was involved in the mid-2013 negotiations that led to Snyder’s approval to switch Flint’s water source. Compl., R.620-3, PageID#17842–44, 17847, 17851; Carthan, 384 F. Supp. 3d at 858. As I explained for Snyder, that decision did not plausibly allege any deliberate indifference to a then-known risk of harm. See Guertin, 912 F.3d at 924–25 (citing Schroder, 412 F.3d at 729).

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* * *
One final loose end: the two sovereign-immunity defenses. For these defenses too, I agree with my colleagues. Guertin forecloses the City of Flint’s invocation of sovereign immunity. See id. at 936. And Boler forecloses Governor Gretchen Whitmer’s contention that the plaintiffs may not seek injunctive relief (identical to the injunctive relief requested in Boler) against the governor in her official capacity. See 865 F.3d at 413.
All told, then, I respectfully concur in the judgment in part and dissent in part.

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UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
Nos. 19-1425/1472/1477/1533

IN RE: FLINT WATER CASES. _____________________________________
LUKE WAID, Parent and Next-Friend of SR, a minor; et al.,
Plaintiffs,

FILED
May 22, 2020
DEBORAH S. HUNT, Clerk

ELNORA CARTHAN et al., Plaintiffs - Appellees,
v.
DARNELL EARLEY, GERALD AMBROSE, HOWARD CROFT, MICHAEL GLASGOW, DAUGHERTY JOHNSON, and CITY OF FLINT, MICHIGAN (19-1425); RICHARD DALE SNYDER, former Governor of Michigan, ANDY DILLON, former Treasurer of Michigan, and GRETCHEN WHITMER, present Governor of Michigan (19-1472); LIANE SHEKTER-SMITH, STEPHEN BUSCH, PATRICK COOK, MICHAEL PRYSBY, and BRADLEY WURFEL (19-1477); and ADAM ROSENTHAL (19-1533),
Defendants - Appellants.
Before: MERRITT, MOORE, and MURPHY, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION THEREOF, it is ORDERED that the district court’s denial of the motions to dismiss are AFFIRMED with respect to every defendant except Andy Dillon whose case is REMANDED to the district court to reconsider his dismissal in light of Brown v. Snyder (In re Flint Water Cases).
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk

 
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Deborah S. Hunt Clerk

UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT
100 EAST FIFTH STREET, ROOM 540 POTTER STEWART U.S. COURTHOUSE
CINCINNATI, OHIO 45202-3988

Tel. (513) 564-7000 www.ca6.uscourts.gov

Filed: June 02, 2020

Ms. Margaret Bettenhausen Mr. Nathan A. Gambill Mr. Richard S. Kuhl Office of the Attorney General of Michigan P.O. Box 30755 Lansing, MI 48909
Mr. James Michael Campbell Campbell Campbell Edwards and Conroy One Constitution Center Third Floor Boston, MA 02129
Ms. Emmy L. Levens Cohen, Milstein, Sellers & Toll 1100 New York Avenue, N.W. Suite 500-W Washington, DC 20005
Mr. Paul F. Novak Mr. Gregory Stamatopoulos Weitz & Luxenberg 719 Griswold, Suite 620 Detroit, MI 48226
Re: Case No. 20-1352, In re: Luke Waid, et al v. Darnell Earley, et al Originating Case No. : 5:16-cv-10444 : 5:16-cv-11247
Dear Counsel,
The court today announced its decision in the above-styled case.

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Enclosed is a copy of the court's opinion together with the judgment which has been entered in conformity with Rule 36, Federal Rules of Appellate Procedure.
Yours very truly,
Deborah S. Hunt, Clerk

cc: Mr. David J. Weaver Enclosures Mandate to issue.

Cathryn Lovely Deputy Clerk

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RECOMMENDED FOR PUBLICATION Pursuant to Sixth Circuit I.O.P. 32.1(b)
File Name: 20a0170p.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT

IN RE: FLINT WATER CASES.

┐

___________________________________________ │ │

│

LUKE WAID, Parent and Next-Friend of SR, a minor; │

et al.,

>

Plaintiffs, │

│

│

ELNORA CARTHAN, et al.,

│

Plaintiffs-Appellees, │

│

v.

│ │

│

DARNELL EARLEY, et al.,

│

Defendants, │ │

│

RICHARD DALE SNYDER, former Governor of │

Michigan; Michigan,

ANDY

DILLON,

former

Treasurer

of

│ │

Defendants-Appellants, │

│

VEOLIA NORTH AMERICA, INC., VEOLIA NORTH │

AMERICA, LLC, VEOLIA NORTH AMERICA OPERATING │

SERVICES, LLC,

│

Intervenors-Appellees.

│ │

┘

No. 20-1352

Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. Nos. 5:16-cv-10444; 5:16-cv-11247—Judith E. Levy, District Judge.

Decided and Filed: June 2, 2020

Before: MERRITT, MOORE, and MURPHY, Circuit Judges.

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_________________
COUNSEL
ON MOTIONS: Richard S. Kuhl, Margaret Bettenhausen, Nathan A. Gambill, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants. ON RESPONSE: Emmy L. Levens, COHEN MILSTEIN SELLERS & TOLL PLLC, Washington, D.C., Paul Novak, Gregory Stamatopoulos, WEITZ & LUXENBERG, P.C., Detroit, Michigan, for Plaintiffs-Appellees. James M. Campbell, CAMPBELL CONROY & O’NEIL, P.C., Boston, Massachusetts, for Veolia Appellees.
_________________
OPINION _________________
KAREN NELSON MOORE. Former State of Michigan Governor Richard Dale Snyder and former State Treasurer Andy Dillon claim that they cannot be deposed as non-party fact witnesses with respect to claims against other defendants in the litigation stemming from the Flint Water Crisis. In their view, they are immune from all discovery until they have exhausted every opportunity for appeal from the district court’s denial of their motions to dismiss based on qualified immunity. Meanwhile, other defendants and certain plaintiffs are pursuing discovery on wholly separate claims and have noticed Snyder and Dillon for non-party fact witness depositions. Snyder and Dillon moved for a protective order in the district court to stop the depositions from going forward. When their request was denied, they appealed the district court’s discovery order to this court and shortly thereafter requested a stay of the depositions until we resolve their appeal from the denial of a protective order. We DENY Snyder’s and Dillon’s request for a stay of non-party depositions pending resolution of their appeal from the district court’s order denying their request for a protective order, and we DISMISS for lack of jurisdiction their appeal from the denial of a protective order.

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I. BACKGROUND
This appeal derives from the consolidated putative class action in the In re Flint Water Cases litigation.1 It is one of dozens of ongoing actions brought by individuals, businesses, and putative classes in state and federal court challenging the actions of state and private actors in creating, sustaining, and covering up the Flint Water Crisis. Defendants include government officials from the State of Michigan, the City of Flint, and state agencies. R. 620-3 (Fourth Am. Compl. at 1–2, ¶ 2) (Page ID #17804–05). Defendants also include private engineering companies like Veolia that are facing claims of professional negligence for failing to explain the need to treat the water properly for corrosion and for lying to the public about the existence and extent of the crisis. Id. at 1–3, ¶ 2 (Page ID #17804–06). While government officials like Snyder and Dillon have been litigating the issue of qualified immunity, discovery against private parties like Veolia has proceeded.
On April 1, 2019, the district court ruled on the defendants’ motions to dismiss. R. 798 (Op. & Order) (Page ID #21103). The district court granted the government officials’ motions to dismiss plaintiffs’ claims alleging 42 U.S.C. § 1983 equal-protection violations, § 1985(3) conspiracy, Michigan’s Elliott Larsen Civil Rights Act (“ELCRA”), § 1983 state-created danger, and gross negligence. Id. at 128 (Page ID #21230). The district court denied, however, defendants’ motions to dismiss plaintiffs’ § 1983 bodily-integrity claim on the bases of qualified and absolute immunity. Id. at 127 (Page ID #21229). Thus, the only surviving claim against the state defendants, including Snyder and Dillon, is plaintiffs’ bodily-integrity claim.
After deciding defendants’ motions to dismiss based on qualified immunity, the district court entered a comprehensive case management order (“CMO”) on April 30, 2019, to direct the course of discovery. R. 827 (Case Management Order 4/30/19) (Page ID #22804). The order distinguished between discovery as to parties and non-parties. See id. Then, on May 20, 2019, the district court ruled on the state defendants’ motion for a stay of discovery pending final resolution of their motions to dismiss based on qualified immunity. R. 861 (Discovery Order 5/20/19) (Page ID #23407).
1The facts alleged in the derivative case are set out in our opinion in In re Flint Water Cases (Waid v. Snyder), – F.3d –, 2020 WL 2611546, at *2–12 (6th Cir. 2020).

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As context, the district court noted in its May 20, 2019 discovery order that other defendants with no claim to immunity had begun discovery pursuant to the CMO. Id. at 1, 7–8 (Page ID #23407, 23413–14). The state defendants, however, sought a stay of “all discovery across the Flint Water Cases until their claims of immunity have been decided by this Court, the Sixth Circuit, and the United States Supreme Court, if necessary.” Id. at 1–2 (Page ID #23407– 08) (emphasis added). The district court granted in part and denied in part the state defendants’ request. Id. at 2 (Page ID #23408).
The district court recognized that the state defendants must be treated as though they are immune from the claims brought against them until they have exhausted their opportunities to appeal the district court’s denial of their motions to dismiss based on immunity. Id. at 6–7 (Page ID #23412–13). Accordingly, the district court issued a stay with respect to “discovery on claims for which they continue to litigate the issue of immunity.” Id. at 2 (Page ID #23408). Thus, the court ruled, “the state and MDEQ defendants will not be subjected to discovery with respect to the sole allegation against them, which is that they violated plaintiffs’ right to bodily integrity, until they have exhausted their opportunities to pursue their qualified immunity claim on appeal.” Id. at 6–7 (Page ID #23412–13).
The state defendants’ request for a stay of discovery was partly denied in the sense that the state defendants would “be treated as non-parties pending the outcome of their qualified immunity appeals.” Id. at 5 (Page ID #23411). That meant that they could be subject to discovery requests only as non-party fact witnesses regarding wholly separate claims against other defendants. The district court explained that, “[i]f the state and MDEQ defendants are eventually dismissed as a result of their pending appeals, they will still be required to respond to discovery as a non-party.” Id. at 8 (Page ID #23414). Discovery from the state defendants as non-party fact witnesses therefore was “inevitable.” Id.
Eventually, Snyder, Dillon, and other state defendants received deposition notices from the Veolia defendants and certain plaintiffs. The state defendants promptly moved for a protective order in the district court to stay non-party fact witness depositions until after they exhausted their appeals from the denial of their motions to dismiss on the issue of qualified immunity. See R. 1047 (Mot. for Protective Order) (Page ID #26634). The district court denied

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their request for a protective order and reiterated that they are required to comply with discovery requests as non-parties. R. 1100 (Protective Order Ruling 4/9/20 at 2) (Page ID #27458).
Presently, certain plaintiffs seek to depose former Governor Snyder starting on June 25, 2020, and the Veolia defendants seek to depose former Treasurer Dillon starting on July 7, 2020. When the district court denied their request for a protective order, Snyder and Dillon appealed the denial of a protective order to this court. They informed the district court of their appeal and obtained a statement from the district court that an additional request for a stay of the non-party depositions would be futile. R. 1130 (Conference 5/8/20 at 10–11) (Page ID #27846–47). They then requested a stay from us to stop the depositions from going forward while we decide their appeal from the district court’s denial of their request for a protective order against taking the non-party depositions.
We note at the outset that we recently affirmed the district court’s denial of qualified immunity as to Snyder, and we remanded for the district court to consider whether to dismiss Dillon in light of the district court’s decision in Brown v. Snyder (In re Flint Water Cases), No. 18-cv-10726, 2020 WL 1503256, at *9 (E.D. Mich. Mar. 27, 2020). In re Flint Water Cases (Waid v. Snyder), – F.3d –, 2020 WL 2611546, at *2 (6th Cir. May 22, 2020). We recognize, as the district court did, that our resolution of the qualified immunity issue does not exhaust Snyder’s and Dillon’s opportunities for review by the Supreme Court on the qualified immunity issue and, thus, does not render these proceedings moot.
II. REQUEST FOR A STAY
We have authority over Snyder’s and Dillon’s request for a stay of the district court’s discovery ruling because they have shown that filing an initial motion for a stay in the district court would be futile. See FED. R. APP. P. 8(a). We balance four interrelated factors when considering whether to grant a stay: “(1) the likelihood that the party seeking the stay will prevail on the merits of the appeal; (2) the likelihood that the moving party will be irreparably harmed absent a stay; (3) the prospect that others will be harmed if the court grants the stay; and (4) the public interest in granting the stay.” Michigan State A. Philip Randolph Inst. v. Johnson,

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833 F.3d 656, 661 (6th Cir. 2016) (quoting Mich. Coal. of Radioactive Material Users, Inc. v. Griepentrog, 945 F.2d 150, 153 (6th Cir. 1991)).
First, Snyder and Dillon are not likely to succeed on appeal from the district court’s order denying their request for a protective order. They claim that they cannot be deposed on any matter pending resolution of their qualified-immunity appeal. That is incorrect.
Snyder and Dillon stress that qualified immunity protects them from discovery until their claim of entitlement to immunity has been conclusively denied on their motions to dismiss. The Supreme Court requires that civil-rights actions brought under § 1983 play out in stages to shield government officials from the “burdens of litigation.” Kennedy v. City of Cleveland, 797 F.2d 297, 299–300 (6th Cir. 1986) (citing Mitchell v. Forsyth, 472 U.S. 511, 527 (1985)). If the defendant files a motion to dismiss based on qualified immunity, the court must “stay discovery until that issue is decided.” Id. at 299. If the defendant is denied qualified immunity on the motion to dismiss, then “the plaintiff ordinarily will be entitled to some discovery.” Crawford-El v. Britton, 523 U.S. 574, 598 (1998).
Yet, qualified immunity protects government officials from “unnecessary and burdensome discovery or trial proceedings” only. Id. at 597–98; see also Mitchell, 472 U.S. at 526 (explaining that qualified immunity relieves defendants of “the burdens of broad-reaching discovery” (quoting Harlow v. Fitzgerald, 457 U.S. 800, 817–18 (1982)) (emphasis added))). The “right to immunity is a right to immunity from certain claims, not from litigation in general . . . .” Behrens v. Pelletier, 516 U.S. 299, 312 (1996) (emphasis added). “Granting qualified immunity on only one of the claims may reduce discovery but it does not eliminate it.” McLaurin v. Morton, 48 F.3d 944, 949 (6th Cir. 1995); see also Alice L. v. Dusek, 492 F.3d 563, 565 (5th Cir. 2007) (“To the extent that [the defendant] is subject to discovery requests on claims for which she does not or cannot assert qualified immunity, such discovery requests do not implicate her right to qualified immunity.”).
Here, the district court granted the state defendants effective immunity pending the final resolution of their motions to dismiss based on qualified immunity. In other words, the district court recognized that no discovery may be sought from the state defendants on the claims against

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them unless and until they are conclusively denied qualified immunity on their motions to dismiss. The district court carefully sculpted a discovery plan that afforded the state defendants their full entitlement to immunity, while permitting other parties to seek discovery from them as fact witnesses on wholly separate claims. The discovery plan would permit state defendants to be deposed as non-party fact witnesses to events regarding separate claims brought against different defendants to prevent the litigation from stalling out for all defendants during the pendency of these state defendants’ appeals of the denial of their motions to dismiss based on qualified immunity. See R. 827 (Case Management Order 4/30/19 at 1) (Page ID #22804); R. 861 (Discovery Order 5/20/19 at 5, 8–10) (Page ID #23411, 23414–16). The state defendants obtained a broad stay from discovery that treats them as though they had already proven their immunity and were dismissed from the case. The district court’s exception to that stay was limited, and it was necessary for discovery to proceed for other parties in the sprawling litigation. Doing so was well within the district court’s discretion.
Discovery rulings, no doubt, are high stakes, but we usually leave decisions on how best to manage discovery to the district court’s discretion. See Criss v. City of Kent, 867 F.2d 259, 261 (6th Cir. 1988) (“[I]t is well established that the scope of discovery is within the sound discretion of the trial court.” (quotation omitted)). It is up to the district court to take qualified immunity into account when developing its discovery plan. See Crawford-El, 523 U.S. at 597– 98 (“[T]he trial court must exercise its discretion in a way that protects the substance of the qualified immunity defense. It must exercise its discretion so that officials are not subjected to unnecessary and burdensome discovery or trial proceedings.”). And, in fact, the district court did so here.
The district court refrained from issuing its discovery plan until after it resolved defendants’ motions to dismiss asserting qualified immunity. See R. 827 (Case Management Order 4/30/19) (Page ID #22804); R. 861 (Discovery Order 5/20/19 at 5) (Page ID #23411). Then, recognizing that its ruling on qualified immunity was subject to appeal, the district court ordered a stay of discovery regarding the sole remaining claim against the state defendants— plaintiffs’ bodily integrity claim. R. 861 (Discovery Order 5/20/19 at 6–7) (Page ID #23412– 13). “[T]he state and MDEQ defendants,” the district court ruled, “will not be subjected to

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discovery with respect to the sole allegation against them, which is that they violated plaintiffs’ right to bodily integrity, until they have exhausted their opportunities to pursue their qualified immunity claim on appeal.” Id. In the same order, the district court made a limited exception to the stay to permit discovery from state defendants as non-party fact witnesses to events relevant to entirely separate claims brought against different defendants. Id. at 7–8 (Page ID #23413–14). The district court explained that “[p]laintiffs have counts pending against other defendants that have filed answers and are ready to defend their positions.” Id. “It follows that the Court can order discovery to proceed with respect to these other defendants.” Id. at 8 (Page ID #23414).
The key Supreme Court cases that Snyder and Dillon cite for us—Mitchell, Crawford-El, and Harlow—feature prominently in the district court’s order delineating the state officials’ discovery obligations. The district court recognized that Mitchell “established that qualified immunity grants ‘immunity from suit rather than a mere defense to liability.’” Id. at 6 (Page ID #23412) (quoting Mitchell, 472 U.S. at 526). “[C]ourts must take care,” the district court wrote, “to ensure that government officials are not subjected to unnecessary and burdensome discovery until issues of immunity have been resolved at the earliest opportunity.” Id. (citing Crawford-El, 523 U.S. at 597). Accordingly, the district court struck a balance between the discovery needs of other defendants and the state defendants’ immunity interest: “If the state and MDEQ defendants are eventually dismissed as a result of their pending appeals, they will still be required to respond to discovery as a non-party. So in the interim, this litigation will go forward and the state and MDEQ defendants are required to respond to discovery requests as if they were already dismissed from the case.” Id. at 8 (Page ID #23414).2

2The district court’s decision to permit discovery from government officials as non-party fact witnesses to events related to claims against other defendants is not out of the ordinary. See, e.g., Mendia v. Garcia, No. 10-cv03910-MEJ, 2016 WL 3249485, at *5 (N.D. Cal. June 14, 2016) (“While discovery directed to Defendants as to the Bivens claims against them is inappropriate given their pending qualified immunity appeal, . . . limited discovery as to these Defendants is appropriate because regardless of whether they are entitled to qualified immunity, they will still need [to] participate in discovery as percipient witnesses related to the FTCA claims against the United States.”); Harris v. City of Balch Springs, 33 F. Supp. 3d 730, 733 (N.D. Tex. 2014) (“The court can think of no legal reason why discovery and pretrial matters may not proceed with respect to [the counts not being appealed on qualified-immunity grounds]. . . . [E]ven if the Fifth Circuit were to grant [him] qualified immunity . . . he would necessarily be required to testify on behalf of the City regarding [those counts]. . . . Whether [he] is subjected to discovery on these counts now or after the resolution of qualified immunity is quite beside the point.”).

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We disagree with Snyder and Dillon that the district court’s “non-party” versus “party” distinction is meaningless, or that it permits an end-run around their entitlement to immunity. The district court was clear that no party may seek discovery from the state defendants on the particular claim that they continue to litigate with respect to immunity. See id. at 2 (Page ID #23408) (“The state and MDEQ defendants are entitled to a stay of discovery on claims for which they continue to litigate the issue of immunity.”). If these non-party depositions turn out to be a ruse—as Snyder and Dillon assert that they are—Snyder and Dillon are free to object and move for a protective order at the district court level as issues arise. It is inappropriate for us, however, to issue a prophylactic order to stop these depositions from going forward based on hypothetical horrors before a single problematic question has been asked.
For all these reasons, we conclude that Snyder and Dillon are not likely to succeed on their appeal from the district court’s order denying them a protective order.
Second, and for the same reason, Snyder and Dillon will not suffer irreparable harm absent a stay. The district court forbade the noticing parties from using depositions to probe Snyder and Dillon regarding the sole surviving claim against them, which is that they violated plaintiffs’ right to bodily integrity. See id. at 5, 8–10 (Page ID #23411, 23414–16). Snyder and Dillon will not be effectively denied their “entitlement not to stand trial or face the other burdens of litigation” if we deny their request for a stay of the district court’s denial of their protective order pending their appeal from that denial. Mitchell, 472 U.S. at 526. Even if Snyder and Dillon ultimately should be granted qualified immunity, the noticing parties would still request these depositions because, in their view, Snyder and Dillon are key factual witnesses regarding other claims. The discovery at issue is not only suitably tailored to the situation, but also inevitable.
We further emphasize that our decision does not leave Snyder and Dillon without a remedy. They may file for a protective order in the district court if they object to the noticing parties’ line of questioning. What they cannot do is ask us to resolve a run-of-the-mill discovery dispute on an interlocutory appeal.

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For each of these reasons, Snyder and Dillon will not suffer any irreparable harm absent a stay of the district court’s discovery order.
Third, the noticing parties will be harmed if we grant a stay. The plaintiffs have alleged ongoing serious health injuries that continue to worsen over time. See In re Flint Water Cases (Waid v. Snyder), – F.3d –, 2020 WL 2611546, at *10 (6th Cir. 2020). Thus, the progress of the litigation has a real effect on plaintiffs’ ability to secure a meaningful remedy. A delay also could interfere with the scheduled start of the bellwether trials, presently set to begin in January 2021. R. 1150 (Order 5/21/20 at 3) (Page ID #28167). A delay similarly would prejudice the Veolia defendants, who are also invested in the efficient resolution of this case.
Finally, the public interest favors the development of the facts and the expeditious resolution of this case. And as described above, Snyder’s and Dillon’s immunity interest—and the public’s accompanying interest in their immunity—is not at stake in this limited non-party fact witness discovery. We conclude that all four factors weigh against granting a stay of the district court’s order allowing the non-party depositions to proceed. We accordingly DENY Snyder’s and Dillon’s motion for a stay of non-party depositions pending resolution of their appeal from the district court’s order denying their motion for a protective order.
III. MOTION TO DISMISS
The Veolia Defendants-Appellees have filed a motion to dismiss this appeal No. 20-1352. They assert that we lack jurisdiction under either 28 U.S.C. § 1291 or the collateral order doctrine to review a discovery order. Snyder and Dillon have filed a response, contending that the district court’s discovery order is an implicit denial of their qualified immunity. We conclude that we do not have jurisdiction to entertain Snyder’s and Dillon’s appeal from the district court’s order denying their request for a protective order.
Section 1291 vests us with jurisdiction over appeals from “final decisions of the district courts.” 28 U.S.C. § 1291. When a party appeals something other than “the last order possible to be made in a case,” “a decision of a district court is appealable if it falls within ‘that small class which finally determine claims of right separable from, and collateral to, rights asserted in the action, too important to be denied review and too independent of the cause itself to require

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that appellate consideration be deferred until the whole case is adjudicated.” Mitchell, 472 U.S. at 524–25 (quotations omitted). This is known as the collateral order doctrine, and it entitles government officials to an immediate appeal from the denial of qualified immunity. Id. at 525– 27.
Because discovery orders generally are non-final, non-appealable orders, even under the collateral order doctrine, see Coleman v. Am. Red Cross, 979 F.2d 1135, 1138 (6th Cir. 1992), Snyder and Dillon want us to construe the district court’s order denying their request for a protective order as an implicit order denying them qualified immunity. We do not think that the collateral order doctrine stretches so far.
“[T]here can be two appeals based upon claims of immunity and which can be taken prior to final judgment: first, after denial of a motion to dismiss on the pleadings and, second, after denial of a motion for summary judgment following discovery.” Sinclair v. Schriber, 834 F.2d 103, 104 (6th Cir. 1987). Orders regarding discovery do not fit either of these categories and, for that reason, are not independently appealable under the collateral order doctrine. Neither our court nor the Supreme Court has endorsed the extension of the collateral order doctrine that Snyder and Dillon ask for here. We acknowledge that the rationale for permitting government officials to take an immediate appeal from the denial of a motion to dismiss based on qualified immunity rests in part on the concern that forcing officials to wait for a final judgment on the merits would subject them to potentially unwarranted discovery. See Harlow, 457 U.S. at 816– 18; Mitchell, 472 U.S. at 526. But these cases simply do not establish an entitlement to an interlocutory appeal from a discovery order itself.
Snyder and Dillon have not pointed to a single case in which we permitted an immediate appeal from a discovery order like the one at issue here. They have, however, pointed to a couple of cases that they claim are close enough. See Skousen v. Brighton High Sch., 305 F.3d 520, 525–26 (6th Cir. 2002); Everson v. Leis, 556 F.3d 484, 490–93 (6th Cir. 2009). In Skousen and Everson, for example, we held that we had jurisdiction over the district court’s decisions to hold in abeyance summary judgment motions based on qualified immunity pending completion of discovery. Skousen, 305 F.3d at 525–26; Everson, 556 F.3d at 490–93. There was a question as to whether we had jurisdiction over the orders holding the summary judgment motions in

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abeyance because we may entertain an appeal from the denial of summary judgment only if it presents issues solely of law. Skousen, 305 F.3d at 525 (citing Mitchell, 472 U.S. at 526–28). We decided that we had jurisdiction to entertain the appeals because, even though the district courts denied summary judgment so that the parties could conduct more discovery, the decisions did not turn on the existence of a genuine issue of material fact. Id. at 526; Everson, 556 F.3d at 493. We explained that it did not matter that the order denying summary judgment was styled as an order holding disposition of the motion for summary judgment in abeyance. “If a district court can thwart interlocutory appeal by refusing to address qualified immunity through abeyance rather than dismissal, then the district court can effectively ignore this court’s directive that district courts address qualified immunity promptly.” Everson, 556 F.3d at 492. Snyder and Dillon assert that the district court’s discovery order at issue here similarly is tantamount to a denial of qualified immunity. We disagree.
The critical difference between Skousen/Everson and this case is that Skousen and Everson concerned a district court’s delay in ruling on a motion for summary judgment on the issue of qualified immunity. The district courts temporarily denied the defendants’ summary judgment motions to permit additional discovery—but we authorized the appeal because that decision operated, for our purposes, as a denial of summary judgment on the question of qualified immunity. Thus, the orders at issue in Skousen and Everson fall into Sinclair’s second bucket for the types of rulings that are eligible for immediate interlocutory appeal. The orders in those cases were not discovery orders. The collateral order doctrine is already an exception to the general finality rule. Snyder and Dillon are not entitled to appeal any number of discovery matters that they believe have some impact on their immunity interest. We can only imagine the deluge of appeals that would descend upon us if standard discovery orders could so easily be rebranded as final judgments.
Finally, we underscore that the district court’s discovery order fully takes into account the need for a pause in discovery regarding the claim on which Snyder and Dillon assert qualified immunity, and it orders limited discovery as non-party fact witnesses regarding other claims in the litigation. The district court took the state defendants’ immunity seriously. If the noticing parties fail to comply with the district court’s order by pressing an inappropriate line of

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questioning, Snyder and Dillon may assert their objections in the district court. But ordering Snyder and Dillon to comply with discovery requests as non-party fact witnesses to events regarding wholly separate claims against different defendants does not, in the abstract, interfere with their immunity.
We reject Snyder’s and Dillon’s attempt to dress up the district court’s discovery order as an implicit denial of qualified immunity. We accordingly DISMISS for lack of jurisdiction their appeal No. 20-1352.

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UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT

No. 20-1352

In re: FLINT WATER CASES. ___________________________________
LUKE WAID, Parent and Next-Friend of SR, a minor; et al.,
Plaintiffs,

FILED
Jun 02, 2020
DEBORAH S. HUNT, Clerk

ELNORA CARTHAN, et al., Plaintiffs - Appellees,

v.

DARNELL EARLEY, et al., Defendants,

RICHARD DALE SNYDER, former Governor of Michigan; ANDY DILLON, former Treasurer of Michigan,
Defendants - Appellants,

VEOLIA NORTH AMERICA, INC., VEOLIA NORTH AMERICA, LLC, VEOLIA NORTH AMERICA OPERATING SERVICES, LLC,
Intervenors - Appellees.

Before: MERRITT, MOORE, and MURPHY, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor.
THIS CAUSE was submitted on the notice of appeal, the motions and responses of counsel, and the record of the district court.
IN CONSIDERATION THEREOF, it is ORDERED that the motion for a stay is DENIED and the appeal is DISMISSED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk