Gilcreast et al v. Lockwood, Andrews & Newnam, P.C. et al

Filing 126

ORDER granting 124 Motion to Amend Judgment. Signed by District Judge John Corbett O'Meara. (WBar)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
FRANCES GILCREAST, et al.,
Plaintiffs,
Case No. 16-11173
v.
Hon. John Corbett O’Meara
LOCKWOOD, ANDREWS &
NEWNAM, P.C., et al.,
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

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.

s/John Corbett O’Meara
United States District Judge
Date: May 3, 2017

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

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