Chapman et al v. Snyder et al

Filing 77

ORDER denying 49 Motion to Dismiss; denying 50 Motion to Dismiss; denying 51 Motion to Dismiss; granting 73 Motion to Amend. 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
________________________________/
ORDER REGARDING MATTERS ADDRESSED DURING THE
JANUARY 8, 2020 TELEPHONIC HEARING, GRANTING
PLAINTIFFS’ MOTION TO AMEND [73] AND DENYING
DEFENDANTS’ MOTIONS TO DISMISS [49, 50, 51]
On January 8, 2020, the Court held an on-the-record telephonic
hearing regarding discovery and other case management-related issues.
For the reasons set forth on the record, the Court now orders as follows:
(1)

Deposition Timing

VNA and McLaren Defendants’ motion to extend deposition timing,
joined by LAN Defendants is denied. (16-10444, ECF Nos. 1022, 1024,
1025.) The Court will, however, adopt the interim measure set out in its
order following the December 10, 2019 status conference. (16-10444, ECF

No. 1014.) This measure allots one additional hour during depositions to
both Plaintiffs and Defendants. (Id.)
The deposition of Defendant Michael Glasgow will be increased by
up to 6 hours, thereby allowing for a third day of depositions. One of these
6 hours is to be allocated among Plaintiffs and the remaining 5 hours
among Defendants. If parties do not use all of the time allocated to them,
that time will be available to other parties, dividing the time equally
among any party wishing to ask further questions.
(2)

Motion for Class Certification Timeline

Class Plaintiffs’ motion to extend the time to file their motion for
class certification (16-10444, ECF No. 1023) is granted in part. Class
Plaintiffs requested a three-month extension to the March 2, 2020
deadline set in the Second Amended Case Management Order. (16-10444,
ECF No. 998, PageID.25955.) The Court extends the time for filing Class
Plaintiffs’ motion for class certification to Friday April 24, 2020.
Relatedly, the deadline for filing supporting Federal Rule of Civil
Procedure 26(a)(2) expert reports and disclosures is also moved to April
24, 2020. Any opposition and supporting Rule 26(a)(2) expert reports and
disclosures shall be filed by July 24, 2020, and any reply in support of

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class certification shall be filed by September 24, 2020. Within two (2)
weeks from filing the reply, Defendants must notify the Court if an
evidentiary hearing is requested.
(3)
Answers or Responsive Pleadings in Individual Flint
Water Cases
On August 2, 2019, the Court issued a ruling in Walters v. Flint, 17cv-10164, and Sirls v. Michigan, 17-cv-10342, granting in part and
denying in part Defendants’ motions to dismiss. With the exception of
Marble v. Snyder, 17-cv-12942, and Brown v. Snyder, 18-cv-10726, the
ruling applied to all individual Flint Water Cases. (16-10444, ECF No.
918.) Some of these individual cases have raised unique claims not yet
considered by this Court. E.g., Chapman v. Snyder, 18-cv-10679; Bacon
v. Lockwood, 18-10348; Anderson v. Wyant, 17-cv-13890. Defendants are
ordered to answer or otherwise respond to these claims in all remaining
individual cases by Monday, February 10, 2020.
Parties are reminded of the Court’s earlier order that “in cases with
Short Form Complaints alleging legionella-related injuries . . . answers
or responsive pleadings need not be filed until the Court reaches a
decision in Marble v. Snyder, 17-cv-12942 and Brown v. Snyder, 18-cv10726.” (16-10444, ECF No. 956, PageID.24519.) Further, Defendants
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need not answer or otherwise respond to portions of the Short Form
Complaints incorporating causes of action from the Master Long Form
Complaint in Walters v. Flint, 17-cv-10164, that are no longer alleged in
the Walters Amended Master Complaint. (Id.)
Finally, the Court grants Plaintiffs’ motion to amend their
complaint in Chapman v. Snyder. (ECF No. 73.) Accordingly, Defendants’
pending motions to dismiss (ECF No. 49, 50, 51) the previously filed
complaint are denied as moot without prejudice to their refiling on
Monday, February 10, 2020. Chapman Plaintiffs are further ordered
to file a notice on the docket by Monday, January 13, 2020, to inform
the Court and the parties as to whether they are proceeding on their
RICO and inverse condemnation claims, and if so, to specify which
Defendants are being sued for these claims in their amended complaint.
IT IS SO ORDERED.
Dated: January 9, 2020
Ann Arbor, Michigan

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

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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 January 9, 2020.
s/William Barkholz
WILLIAM BARKHOLZ
Case Manager

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