JAN BURGESS, and all 1,703 individuals identified in the Burgess FTCA Administrative Complaint v. UNITED STATES OF AMERICA

Filing 125

OPINION and ORDER Denying as Moot 95 Motion to Consolidate Cases, 107 Motion of Amici Curiae, and 109 Motion for Leave to File. Signed by District Judge Linda V. Parker. (RLou)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In re FTCA Flint Water Cases
Civil Case No. 17-11218
Honorable Linda V. Parker

____________________________/
OPINION AND ORDER DENYING AS MOOT (1) MOTION TO
CONSOLIDATE CASES [ECF NO. 95]; (2) MOTION OF AMICI CURIAE
[ECF NO. 107] AND (3) MOTION FOR LEAVE TO FILE [ECF NO. 109]
The above-captioned matter (“FTCA Flint Water Cases”) represents a
consolidation of several Federal Tort Claims Act (“FTCA”) lawsuits against the
United States Environmental Protection Agency (“EPA”), alleging that the EPA
negligently responded to what has become commonly referred to as the Flint Water
Crisis. On November 13, 2019, a group of FTCA claimants filed another action
entitled Meeks v. United States, No. 19-13359 (“Meeks”). Meeks was randomly
assigned to the Honorable Judith E. Levy, who also is presiding over several cases
arising from the Flint Water Crisis. The cases before Judge Levy involve claims
against Michigan State officials and private entities (collectively referred to as the
“Flint Water Cases”).
The EPA filed a motion asking this Court to consolidate Meeks with the
FTCA Flint Water Cases. (ECF No. 95). While the matters were appropriate for
consolidation pursuant to Rule 42 of the Federal Rules of Civil Procedure, the local

rules in this District prevent reassignment absent the consent of the judges to
whom the matters are assigned. E.D. Mich. LR 83.11(b). Two of the private
entities involved in Judge Levy’s cases filed motions asking the undersigned for
permission to present their positions on the consolidation request. (ECF Nos. 107,
109.) In the meantime, the plaintiffs in Meeks and certain defendants in Judge
Levy’s Flint Water Cases moved to consolidate Meeks with the cases before her.
On April 29, 2020, Judge Levy entered an order granting that request. See Order,
Meeks, No. 19-13359 (E.D. Mich. April 29, 2020).
In light of Judge Levy’s decision, the motions pending before the
undersigned are moot and are denied as such.
IT IS SO ORDERED.
s/ Linda V. Parker
LINDA V. PARKER
U.S. DISTRICT JUDGE
Dated: May 1, 2020