Alexander et al v. Flint, City of et al

Filing 168

OPINION and ORDER Dismissing Certain Defendants, Signed by District Judge Judith E. Levy. (WBar)

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:
Alexander, et al. v. City of Flint, et al.
Case No. 16-13421
________________________________/
OPINION AND ORDER DISMISSING CERTAIN DEFENDANTS
On December 12, 2019, the Court ordered Plaintiffs to show cause
in writing by January 8, 2020 why certain Defendants should not be
dismissed. (ECF No. 158.) Relevant here these Defendants are: Daniel

Wyant,1 Dayne Walling,2 Nick Lyon,3 Edward Kurtz,4 Liane Shekter
Smith,5 Nancy Peeler,6 and Robert Scott.7
Plaintiffs responded on January 8, 2020, joining the response filed
by Co-liaison Counsel. (Carthan, No. 16-cv-10444, ECF No. 1035.) This
response argued that Shekter Smith should not be dismissed in several
of the individual Flint Water Cases. The Court will decide the issues
raised by Co-Liaison Counsel at a later date. Because Plaintiffs have not
raised arguments as to other Defendants, the following Defendants are
dismissed: Wyant, Walling, Lyon, Kurtz, Peeler, and Scott.
IT IS SO ORDERED.
Dated: March 30, 2020
Ann Arbor, Michigan

s/Judith E. Levy
JUDITH E. LEVY
United States District Judge

Wyant was dismissed as a Defendant in Carthan, 384 F. Supp. at 859 and
again in Walters, 2019 WL 3530874, at *16.
2 Walling was dismissed as a Defendant in Carthan, 384 F. Supp. at 860 and
again in Walters, 2019 WL 3530874, at *39.
3 Lyon was dismissed as a Defendant in Walters, 2019 WL 3530874, at *35.
4 Kurtz was dismissed as a Defendant in Carthan, 384 F. Supp. at 860, and
was not named as a Defendant in Walters, 2019 WL 3530874, at *3 n.5.
5 Shekter Smith is still a Defendant in Carthan, 384 F. Supp. at 859, but was
dismissed in Walters on statute of limitations grounds. Walters, 2019 WL 3530874, at
*11–*13.
6 Peeler was dismissed in Carthan, 384 F. Supp. at 858, and was not named as
a Defendant in Walters, 2019 WL 3530874, at *2 n.4.
7 Scott was not named as a Defendant in Walters, 2019 WL 3530874, at *2 n.4.
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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 March 30, 2020.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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