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)

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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: 16-10444 Carthan v. Snyder ________________________________/ 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. 2 (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 3 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 4

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