BRAND et al v. City of Flint et al

Filing 101

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:
ALL CASES
________________________________/
OPINION AND ORDER DISMISSING CERTAIN DEFENDANTS
On December 15, 2019, the Court ordered Plaintiffs in individual
Flint Water Cases to show cause in writing by January 8, 2020 why
certain Defendants should not be dismissed. These Defendants were: Jeff

Wright, 1 Daniel Wyant,2 Dayne Walling, 3 Nick Lyon,4 Edward Kurtz,5
Liane Shekter Smith,6 Nancy Peeler, 7 Robert Scott, 8 and Eden Wells.9
Co-liaison Counsel for the Plaintiffs responded on January 8, 2020,
arguing that Shekter Smith should not be dismissed in several of these
cases. (Carthan, No. 16-cv-10444, ECF No. 1035.) The Court will decide
the issues raised by Co-Liaison Counsel at a later date. Because Plaintiffs
have not otherwise responded to the Court’s order to show cause, if the
following individuals are named as Defendants in this case, they are
dismissed: Jeff Wright, Daniel Wyant, Dayne Walling, Nick Lyon,
Edward Kurtz, Nancy Peeler, Robert Scott, and Eden Wells.

Wright was dismissed as a Defendant in Carthan v. Snyder, 384 F. Supp. 3d
802, 860 (E.D. Mich. 2019) and again in Walters v. Flint, No. 17-10164, 2019 WL
3530874, at *39 (E.D. Mich. Aug. 2, 2019).
2 Wyant was dismissed as a Defendant in Carthan, 384 F. Supp. at 859 and
again in Walters, 2019 WL 3530874, at *16.
3 Walling was dismissed as a Defendant in Carthan, 384 F. Supp. at 860 and
again in Walters, 2019 WL 3530874, at *39.
4 Lyon was dismissed as a Defendant in Walters, 2019 WL 3530874, at *35.
5 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.
6 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.
7 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.
8 Scott was not named as a Defendant in Walters, 2019 WL 3530874, at *2 n.4.
9 Wells was not named as a Defendant in Walters, 2019 WL 3530874, at *2 n.4.
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IT IS SO ORDERED.
Dated: March 9, 2020
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 March 9, 2020.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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