Lowery Sr. et al v. Snyder et al

Filing 93

ORDER consolidating cases. (See order for details.) Signed by District Judge Judith E. Levy. (DPer)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
In re Flint Water Cases

Judith E. Levy
United States District Judge

________________________________/
ORDER GRANTING IN PART THE WAID MOTION FOR
CONSOLIDATION OF THE CLASS ACTIONS, APPOINTMENT
OF INTERIM CO-LEAD CLASS COUNSEL, AND APPOINTMENT
OF LIAISON COUNSEL FOR THE INDIVIDUAL ACTIONS
[CASE NO. 16-cv-10444, DKT. 136], DENYING THE GUERTIN
MOTION TO CONSOLIDATE CASES [CASE NO. 16-cv-12412,
DKT. 165], HOLDING IN ABEYANCE BRIEFING IN ALL NONCLASS ACTION FLINT WATER CASES, AND SETTING DATES
On July 26, 2017, the Court held a status conference regarding all
pending Flint Water litigation before the Court.
A. Motions to Consolidate
At that hearing, the Court discussed pending motions to
consolidate in Waid v. Snyder, Case No. 16-cv-10444, Dkt. 136, and
Guertin v. State of Michigan, Case No. 16-cv-12412, Dkt. 165. For the
reasons set forth on the record, the Waid motion is granted in part, and
the Guertin motion is denied.
The Waid motion is granted as to Case Nos. 16-cv-10444, 16-cv10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16-cv-14498, 17-cv-

10343, 17-cv-10360, and 17-cv-10799. The motion is held in abeyance
regarding Case No. 17-cv-10996, in which a motion to remand to
Michigan state court is pending.

Once that motion to remand is

decided, and if the Court retains jurisdiction over that case, an order
will be issued consolidating that case with Case No. 16-cv-10444.
Newly-appointed interim co-lead counsel are ordered to file a
master class action complaint in Case No. 16-cv-10444 on or before
September 29, 2017.

Defendants are ordered to file answers or

responsive motions on or before December 1, 2017.
Pursuant to the grant of the motion to consolidate, Theodore
Leopold of Cohen Milstein Sellers & Toll PLLC and Michael Pitt of Pitt
McGehee Palmer & Rivers PC, are appointed interim co-lead counsel for
the combined class, Corey Stern of Levey Konigsberg LLP and Hunter
Shkolnik of Napoli Shkolnik PLLC are appointed as liaison counsel for
all individual personal injury and property damage cases pending
before the Court.

Further, the Court orders the creation of an

Executive Committee for the combined class action, whose membership
will be recommended to the Court by interim co-lead counsel no later
than September 29, 2017.
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The above-named counsel will meet and confer with other
plaintiffs’ counsel and defense counsel regarding the specific duties of
the co-lead counsel and liaison counsel so that a proposed statement of
duties for these positions can be filed with the Court by September 29,
2017. Also by this same date, co-lead counsel will confer with all named
defendants and file either a joint statement regarding agreed-upon
preliminary discovery or separate statements addressing whether
preliminary discovery is appropriate at this juncture in the combined
class action, and statements regarding the appointment of a Special
Master under Fed. R. Civ. P. 53 in Case No. 16-cv-10444.
B. Motion for Master Individual Complaint
Liaison counsel informed the Court during the status conference
that they wish to file a motion permitting the filing of a master
complaint in all individual personal injury and property damage cases
pending in this Court. Liaison counsel are directed to file a motion to
permit the filing of the master complaint in all individual cases within
ten days of this order. The motion should be filed in Case No. 17-cv10164, the earliest-filed active individual Flint Water case in which the
liaison counsel have appeared.
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Defendants are ordered to respond within fourteen days of the
filing of the motion. All other plaintiffs’ counsel in individual personal
injury and property damage cases may also file responses to the motion
within fourteen days. All dispositive motion briefing in all individual
cases is held in abeyance pending a determination of the motion to file a
master complaint.
C. Master Case Number
The Court will not establish a master case number at this time
because all of the pending Flint Water cases are not consolidated.
D. Order of Consolidation
For the reasons set forth above, it is hereby ordered that:
Case Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799 are consolidated
with Case No. 16-cv-10444 for all purposes, including trial;
All subsequent papers filed after the date of this order regarding
those cases shall be entered in Case No. 16-cv-10444; and
Case Nos. 16-cv-10796, 16-cv-11173, 16-cv-11247, 16-cv-12875, 16cv-14498, 17-cv-10343, 17-cv-10360, and 17-cv-10799 are closed in light
of the consolidation order.
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It is further ordered that all pending dispositive motions in Case
No. 16-cv-10444 (Dkts. 122, 124, 125, 131, 132, 135) are denied without
prejudice.
IT IS SO ORDERED.
Dated: July 27, 2017
Ann Arbor, Michigan

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

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 July 27, 2017.
s/Shawna Burns
SHAWNA BURNS
Case Manager

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