Waid et al v. Snyder et al

Filing 1718

ORDER REGARDING NONCONFORMING FILING 1710 MOTION; GRANTING 1716 MOTION for Order to Show Cause; and SETTING BRIEFING SCHEDULE. Signed by District Judge Judith E. Levy. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

In re Flint Water Cases.
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Judith E. Levy
United States District Judge

This Order Relates To:
16-10444 Carthan v. Snyder
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ORDER REGARDING NONCONFORMING FILING [1710],
GRANTING MOTION FOR ORDER TO SHOW CAUSE [1716],
AND SETTING BRIEFING SCHEDULE
On Saturday April 24, 2021, the Chapman Plaintiffs, through their
counsel, docketed an item related to an aspect of the partial settlement.
(ECF No. 1710.) That filing contained redactions (See e.g., ECF No. 1710,
PageID.62280, 62281, 62284), however, Plaintiffs did not obtain the
required authorization and Court order before placing a redacted item on
the Court’s docket. Nor did the Chapman Plaintiffs follow Eastern
District of Michigan Local 5.3, which requires, among other things, that
they first file a motion for permission to file under seal, along with a
provisionally-sealed version of the document at issue.

On April 28, 2021, Co-Liaison Counsel for Individual Plaintiffs filed
a motion for an order to show cause. (ECF No. 1716.) In it, they argue
that the Chapman Plaintiffs’ April 24, 2021 filing violates the Court’s
October 21, 2020 protective order, in that it explicitly refers to a
transcript of a deposition and exhibits that were the subject of the Court’s
protective order that was entered because the material relates directly to
children’s medical records. (Id.; see also, ECF No. 1290, PageID.39774
(“For the reasons set forth on the record, copies of the transcript of Dr.
Aaron Spect’s deposition that have been disseminated to any counsel who
is not counsel of record in the four bellwether cases must be
destroyed.”(see Transcript, October 21, 2021, ECF No. 1311)).)
Accordingly, the Court orders as follows.
(1) As it regards filings made under seal, the Chapman Plaintiffs
may either withdraw their filing or comply with the Local Rules. If the
Chapman Plaintiffs do not exercise either option by 12:00 pm EDT on
Thursday April 29, 2021, then the item will be stricken from the
Court’s docket for failing to comply with the local rules. See E.D. Mich.
L.R. 11.1.

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(2) Regardless of whether the Chapman Plaintiffs properly file the
document at issue, withdraw it, or it is stricken by the Court as set forth
above, the Chapman Plaintiffs’ counsel, Mr. Mark Cuker, is ordered, no
later than 12:00 pm EDT on Friday April 30, 2021 to show cause in
writing and on the docket, as to: (a) how, from whom, and when the
Chapman Plaintiffs’ counsel came into possession of the protected
materials; (b) with whom the Chapman Plaintiffs’ counsel has shared the
protected materials; and (c) whether the Chapman Plaintiffs’ counsel has
made copies of the protected materials as well as what he has done with
the materials since gaining possession of them.
(3) Responses, if any, to the Chapman Plaintiffs’ April 24, 2021
filing (assuming it is properly filed and is not withdrawn) may be
included in the motion for final approval of the partial settlement.
IT IS SO ORDERED.
Dated: April 28, 2021
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 April 28, 2021.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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