Case: Nappier v. Snyder

1:16-cv-00636 | U.S. District Court for the Western District of Michigan

Filed Date: March 23, 2016

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 23, 2016, a resident of Flint, Michigan filed this class action lawsuit in the Michigan Court of Claims on behalf of her child and all other children in Flint who suffered brain damage from drinking unsafe tap water during the Flint water crisis. The plaintiff sued numerous state officials, including the Governor and Flint emergency managers. Represented by private counsel, the plaintiff sought class certification, declaratory relief, compensatory and exemplary damages, and attorneys’ …

Specifically, the plaintiffs alleged that, shortly after Flint officials began using water from the Flint River in 2013, the defendants began to receive complaints from residents about the color, taste, and odor of the water. By August 2014, Flint water tested positive for E. coli. and several “boil water” advisories were issued by the city of Flint through September 2014. But the water also contained lead, and boiling the water increased its lead concentration. The plaintiffs also emphasized the dangers of children consuming lead. According to the plaintiffs, children absorb forty to fifty percent of an oral dose of lead compared with three to ten percent absorption for adults.

The defendants removed the case on May 31, 2016. They gave two reasons: first, that they acted under color of federal law, 28 U.S.C. § 1442, and second, that the plaintiffs’ negligence claims required construction of the Safe Drinking Water Act and the EPA’s Lead and Copper Rule; these federal questions, they said, justified removal under 28 U.S.C. § 1441.

On March 31, 2017, Judge Gordon J. Quist ruled that the defendants were not “acting under any federal officer or agency” when they took the actions that formed the basis of the plaintiffs’ claims, so they were not entitled to removal under 28 U.S.C. § 1442. In addition, Judge Quist concluded that the court did not have jurisdiction under 28 U.S.C. § 1441 because their negligence claims did not “implicate an important federal interest.” Accordingly, the case was remanded to Michigan Court of Claims.

On April 6, 2017, the defendants appealed this decision to the Sixth Circuit Court of Appeals, which affirmed the district court’s decision on April 16, 2018. Judge White described the relationship between the Michigan Department of Environmental Quality and the EPA as “cooperative federalism, not an agency relationship” and concluded that the defendants were not eligible for federal-officer removal. The Court of Appeals also determined that federal question jurisdiction did not exist, relying on Mays v. Flint, a similar case also arising from the Flint water crisis.

The defendants against appealed again, but the Supreme Court declined to hear the case on October 1, 2018.

The case returned to the Michigan Court of Claims. (In fact, litigation in the Court of Claims had already resumed because the federal district court declined to stay its order remanding the case while the federal appeals proceeded.)

The Court of Claims granted summary disposition in favor of some, but not all defendants in a series of orders beginning in 2017. Three governmental employees appealed, claiming governmental immunity. On March 14, 2019, the Michigan Court of Appeals determined that their liability depended on whether the defendants’ conduct was a proximate cause of the plaintiffs’ injury, which was not a suitable topic for summary disposition. 2019 WL 1211469. The defendants appealed to the Michigan Supreme Court.

On July 2, 2019 the Michigan Supreme Court ordered the appeal to be held in abeyance pending the decision in Mays v. Flint, as it could resolve issues raised in this case. 2019 WL 2872282. Subsequently, following the July 29, 2020 decision in Mays v. Flint, the Michigan Supreme Court denied the application for appeal. 2020 WL 6301869.

The case returned once again to the Court of Claims, and on December 3, 2020, the case was stayed pending the finalization of a settlement.

As of February 5, 2021, the case is ongoing.

Summary Authors

Olivia Vigiletti (12/2/2019)

Madeline Buday (2/5/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5294532/parties/nappier-v-snyder/

Judge(s)

Attorney for Plaintiff

Attorney for Defendant

Barbieri, Charles E. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Cafferty, Michael S. (Michigan)

Chartier- Mittendorf, Mary (Michigan)

Judge(s)

Green, Phillip J. (Michigan)

Quist, Gordon Jay (Michigan)

White, Helene N. (Michigan)

Attorney for Plaintiff

Stamler, Patricia A (Michigan)

Thomson, Elizabeth C. (Michigan)

Attorney for Defendant

Barbieri, Charles E. (Michigan)

Berger, Jay M. (Michigan)

Bettenhausen, Margaret A. (Michigan)

Cafferty, Michael S. (Michigan)

Chartier- Mittendorf, Mary (Michigan)

Clare, Christopher B. (District of Columbia)

Collins, Allison M. (Michigan)

Driker, Eugene (Michigan)

Egan, Dennis K. (Michigan)

Gambill, Nathan A. (Michigan)

Gilliam, Courtney B. (Michigan)

Grashoff, Philip A. Jr. (Michigan)

Jackson, Krista A. (Michigan)

Kim, William Young (Michigan)

Kuhl, Richard S. (Michigan)

Larsen, Zachary C. (Michigan)

Mendel, Todd R. (Michigan)

Morgan, Thaddeus E. (Michigan)

Pattwell, Michael J. (Michigan)

Perkins, Todd Russell (Michigan)

Perry, Michael H. (Michigan)

Vance, Robert Paul (Michigan)

Witus, Morley (Michigan)

Wolf, Barry A. (Michigan)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1:16-cv-00636	Docket	Oct. 1, 2018	Oct. 1, 2018 Docket
16-00071	State of Michigan Court of Claims Docket Michigan state trial court	Feb. 11, 2021	Feb. 11, 2021 Docket
1 1:16-cv-00636	Notice of Removal to Federal Court and Consent to Removal	May 31, 2016	May 31, 2016 Pleading / Motion / Brief
1-3 1:16-cv-00636	Exhibit B: Michigan Court of Claims March 23, 2016 Complaint	May 31, 2016	May 31, 2016 Complaint
75 1:16-cv-00636	Opinion Regarding Jurisdiction	May 31, 2017	May 31, 2017 Order/Opinion
84 1:16-cv-00636 17-01401	Opinion U.S. Court of Appeals for the Sixth Circuit	April 16, 2018	April 16, 2018 Order/Opinion 728 Fed.Appx. 571
19-344363	Opinion Nappier v. Governor Michigan state appellate court	March 14, 2019	March 14, 2019 Order/Opinion 2019 WL 1211469

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/5294532/nappier-v-snyder/

Last updated April 3, 2026, 4:52 a.m.

ECF Number	Date	Description	Link
1	May 31, 2016	NOTICE OF REMOVAL from Michigan Court of Claims case number 16-000071-mm filed by Stephen Busch (Attachments: # 1 Index Of Exhibits, # 2 Exhibit A - Summons to Stephen Busch Issued March 23, 2016, # 3 Exhibit B - Michigan Court of Claims March 23, 2016 Complaint, # 4 Exhibit C - Service of Process on April 29, 2016, # 5 Exhibit D - Copies of All Process, Pleadings and Orders Received by Removing Defendat, # 6 Exhibit E - November 3, 2015 USEPA Memorandum, # 7 Exhibit F - EPA's January 21, 2016 Emergency Order, # 8 Exhibit G - Notice of Filing of Notice of Removal) (Grashoff, Philip) (Entered: 05/31/2016) 1 Index Of Exhibits View on PACER 2 Exhibit A - Summons to Stephen Busch Issued March 23, 2016 View on PACER 3 Exhibit B - Michigan Court of Claims March 23, 2016 Complaint View on PACER 4 Exhibit C - Service of Process on April 29, 2016 View on PACER 5 Exhibit D - Copies of All Process, Pleadings and Orders Received by Removing Def View on PACER 6 Exhibit E - November 3, 2015 USEPA Memorandum View on PACER 7 Exhibit F - EPA's January 21, 2016 Emergency Order View on PACER 8 Exhibit G - Notice of Filing of Notice of Removal View on PACER	RECAP
	May 31, 2016	FILING FEE PAID re 1 by defendant Stephen Busch in the amount of $400, receipt number 0646-3551036 (Grashoff, Philip)
2	June 1, 2016	NOTICE that this case has been assigned Gordon J. Quist (ems) (Entered: 06/01/2016)	RECAP
3	June 2, 2016	DEMAND for TRIAL BY JURY by plaintiff Tamara Nappier (Thomson, Elizabeth) (Entered: 06/02/2016)	RECAP
	June 2, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Allison Marie Collins on behalf of defendants Patrick Cook, Michael Prysby (Collins, Allison)
	June 3, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of William Young Kim on behalf of defendants Gerald Ambrose, Darnell Earley (Kim, William)
	June 3, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Krista A. Jackson on behalf of defendant Stephen Busch (Jackson, Krista)
	June 3, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Dennis Egan on behalf of defendant Stephen Busch (Egan, Dennis)
	June 7, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Thaddeus E. Morgan on behalf of defendant Liane Shekter Smith (Morgan, Thaddeus)
	June 7, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Robert Paul Vance on behalf of defendant Liane Shekter Smith (Vance, Robert)
4	June 10, 2016	PROPOSED STIPULATION and ORDER Regarding Motion for Summary Disposition by Defendants Earley and Ambrose by plaintiff Tamara Nappier (Thomson, Elizabeth) (Entered: 06/10/2016)	RECAP
5	June 10, 2016	ORDER granting STIPULATION 4 ; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 06/10/2016)	RECAP
8	June 13, 2016	STATE COURT FILE received from Michicgan Court of Claims (Attachments: # 1 Attachment 1 - Court Register of Actions, # 2 Attachment 2 - Proof of Service, # 3 Attachment 3 - Acknowledgment of Service, # 4 Attachment 4 - Notice of Filing of Notice of Removal, # 5 Attachment 5 - Complete Certificate of Record) (ems) (Entered: 06/14/2016) 1 Attachment 1 - Court Register of Actions View on PACER 2 Attachment 2 - Proof of Service View on PACER 3 Attachment 3 - Acknowledgment of Service View on PACER 4 Attachment 4 - Notice of Filing of Notice of Removal View on PACER 5 Attachment 5 - Complete Certificate of Record View on PACER	RECAP
6	June 14, 2016	MOTION to remand or, in the alternative, dismiss the Plaintiff's claims by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells; (Gambill, Nathan) (Entered: 06/14/2016)	RECAP
7	June 14, 2016	BRIEF in support of MOTION to remand or, in the alternative, dismiss the Plaintiff's claims 6 filed by Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Attachments: # 1 Exhibit A) (Gambill, Nathan) Modified text on 6/15/2016 (ems) (Entered: 06/14/2016) 1 Exhibit A View on PACER	RECAP
	June 16, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael H. Perry on behalf of defendant Liane Shekter Smith (Perry, Michael)
	June 28, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Jay M. Berger on behalf of defendants Bradley Wurfel, Daniel Wyant (Berger, Jay)
	June 30, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Courtney Beth Ciullo on behalf of defendant Stephen Busch (Ciullo, Courtney)
9	July 1, 2016	MOTION to dismiss for failure to state a claim by defendants Gerald Ambrose, Darnell Earley; (Kim, William) (Entered: 07/01/2016)	RECAP
10	July 1, 2016	BRIEF in support of MOTION to dismiss for failure to state a claim 9 filed by Gerald Ambrose, Darnell Earley (Kim, William) (Entered: 07/01/2016)	RECAP
	July 11, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Christopher Bradley Clare on behalf of defendants Bradley Wurfel, Daniel Wyant (Clare, Christopher)
11	July 12, 2016	RESPONSE in opposition to MOTION to remand or, in the alternative, dismiss the Plaintiff's claims 6 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Thomson, Elizabeth) (Entered: 07/12/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER 5 Exhibit 4 View on PACER	RECAP
12	July 13, 2016	MOTION for leave to file excess pages MDEQ Employee Defendants' Ex Parte Motion for Leave to File Brief in Excess of the Page Limitation, Certificate of Service by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith; (Jackson, Krista) (Entered: 07/13/2016)	RECAP
13	July 15, 2016	JOINT MOTION to dismiss Plaintiffs' Complaint by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith; (Egan, Dennis) (Entered: 07/15/2016)	RECAP
14	July 15, 2016	JOINT MOTION for leave to file excess pages by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith; (Attachments: # 1 Exhibit A) (Egan, Dennis) (Entered: 07/15/2016) 1 Exhibit A View on PACER	RECAP
15	July 15, 2016	CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION for leave to file excess pages 14 filed by Stephen Busch (Egan, Dennis) (Entered: 07/15/2016)	RECAP
16	July 15, 2016	MOTION to dismiss by defendant Bradley Wurfel; (Berger, Jay) (Entered: 07/15/2016)	RECAP
17	July 15, 2016	BRIEF in support of MOTION to dismiss 16 and Certificate of Service filed by Bradley Wurfel (Attachments: # 1 Index, # 2 Exhibit A - Lindsey Smith, Leaked Internal Memo Shows Federal Regulator's Concerns about Lead in Flint's Water, Michigan Radio, 7/13/15, # 3 Exhibit B - E-mail from Bradley Wurfel, MDEQ, to Dennis Muchmore, et al., dated 7/24/15, # 4 Exhibit C - Unpublished Cases Cited in Brief) (Berger, Jay) (Entered: 07/15/2016) 1 Index View on PACER 2 Exhibit A - Lindsey Smith, Leaked Internal Memo Shows Federal Regulator's C View on RECAP 3 Exhibit B - E-mail from Bradley Wurfel, MDEQ, to Dennis Muchmore, et al., dated View on RECAP 4 Exhibit C - Unpublished Cases Cited in Brief View on PACER	RECAP
18	July 15, 2016	MOTION to dismiss by defendant Daniel Wyant; (Berger, Jay) (Entered: 07/15/2016)	RECAP
19	July 15, 2016	BRIEF in support of MOTION to dismiss 18 and Certificate of Service filed by Daniel Wyant (Attachments: # 1 Index, # 2 Exhibit A - Unpublished Cases Cited in Brief) (Berger, Jay) (Entered: 07/15/2016) 1 Index View on PACER 2 Exhibit A - Unpublished Cases Cited in Brief View on PACER	RECAP
20	July 18, 2016	ORDER granting 14 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 07/18/2016)	RECAP
21	July 18, 2016	BRIEF in support of JOINT MOTION to dismiss Plaintiffs' Complaint 13 (as filed per Order 20 ) filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (ems) (Entered: 07/19/2016) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER	RECAP
22	July 26, 2016	REPLY to response to motion 6 (state defendants' reply to plaintiff's response) filed by Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Kuhl, Richard) Modified text per request of Chambers on 8/9/2016 (ems) (Entered: 07/26/2016)	RECAP
23	July 26, 2016	CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re Reply to Response to Motion 22 [Attorney Richard S. Kuhl added to party Nick Lyon(pty:dft), Attorney Richard S. Kuhl added to party Nancy Peeler(pty:dft), Attorney Richard S. Kuhl added to party Robert Scott(pty:dft), Attorney Richard S. Kuhl added to party Richard Snyder(pty:dft), Attorney Richard S. Kuhl added to party Eden Wells(pty:dft)] (Kuhl, Richard) (Entered: 07/26/2016)	RECAP
24	July 29, 2016	RESPONSE in opposition to MOTION to dismiss for failure to state a claim 9 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 07/29/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	RECAP
25	Aug. 3, 2016	RESPONSE in opposition to MOTION to dismiss 16 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 08/03/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	RECAP
26	Aug. 3, 2016	RESPONSE in opposition to MOTION to dismiss 18 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 08/03/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	RECAP
27	Aug. 4, 2016	RESPONSE in opposition to JOINT MOTION to dismiss Plaintiffs' Complaint 13 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 08/04/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	RECAP
	Aug. 8, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Patricia A. Stamler on behalf of plaintiff Tamara Nappier (Stamler, Patricia)
28	Aug. 12, 2016	REPLY to response to MOTION to dismiss for failure to state a claim 9 filed by Gerald Ambrose, Darnell Earley (Kim, William) Modified text on 8/15/2016 (ems) (Entered: 08/12/2016)	RECAP
29	Aug. 18, 2016	REPLY to response to motion 18 to dismiss filed by Daniel Wyant (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 08/18/2016) 1 Exhibit A (Unpublished Cases Cited in Brief) View on PACER	RECAP
30	Aug. 18, 2016	REPLY to response to motion 16 to dismiss filed by Bradley Wurfel (Attachments: # 1 Exhibit A (Unpublished Cases Cited in Brief)) (Clare, Christopher) (Entered: 08/18/2016) 1 Exhibit A (Unpublished Cases Cited in Brief) View on PACER	RECAP
31	Aug. 19, 2016	REPLY to response to motion 13 MDEQ Employee Defendants' Motion to Dismiss filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith (Attachments: # 1 Index, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D) (Egan, Dennis) (Entered: 08/19/2016) 1 Index View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER	RECAP
32	Sept. 22, 2016	STIPULATION and PROPOSED ORDER to Substitute Counsel by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Attachments: # 1 Proposed Order) (Gambill, Nathan) (Entered: 09/22/2016) 1 Proposed Order View on PACER	RECAP
33	Sept. 22, 2016	CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re STIPULATION and PROPOSED ORDER to Substitute Counsel by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells 32 (Gambill, Nathan) (Entered: 09/22/2016)	RECAP
34	Sept. 22, 2016	STIPULATION and PROPOSED ORDER to Substitute Counsel for Nancy Peeler by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells (Attachments: # 1 Proposed Order) (Gambill, Nathan) (Entered: 09/22/2016) 1 Proposed Order View on PACER	RECAP
35	Sept. 22, 2016	CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re STIPULATION and PROPOSED ORDER to Substitute Counsel for Nancy Peeler by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells 34 (Gambill, Nathan) (Entered: 09/22/2016)	RECAP
36	Sept. 22, 2016	AMENDED CERTIFICATE OF SERVICE by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells re STIPULATION and PROPOSED ORDER to Substitute Counsel by defendants Nick Lyon, Nancy Peeler, Robert Scott, Richard Snyder, Eden Wells 32 (Gambill, Nathan) Modified text on 9/23/2016 (ems). (Entered: 09/22/2016)	RECAP
37	Oct. 4, 2016	ORDER granting STIPULATION 32 to substitute counsel; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 10/04/2016)	RECAP
38	Oct. 4, 2016	ORDER granting STIPULATION 34 to substitute counsel; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 10/04/2016)	RECAP
	Oct. 4, 2016	Order on Stipulation and Proposed Order
	Oct. 4, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael S. Cafferty on behalf of defendant Nancy Peeler (Cafferty, Michael)
	Oct. 6, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Todd R. Mendel on behalf of defendant Richard Snyder (Mendel, Todd)
	Oct. 6, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Morley Witus on behalf of defendant Richard Snyder (Witus, Morley)
	Oct. 6, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Eugene Driker on behalf of defendant Richard Snyder (Driker, Eugene)
39	Nov. 1, 2016	MOTION for leave to file excess pages by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Attachments: # 1 Proposed Motion for Change of Venue, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G1A, # 9 Exhibit G1B, # 10 Exhibit G1C, # 11 Exhibit G2A, # 12 Exhibit G2B, # 13 Exhibit G2C, # 14 Exhibit G3, # 15 Exhibit G4A, # 16 Exhibit G4B, # 17 Exhibit G4C, # 18 Exhibit G5A, # 19 Exhibit G5B, # 20 Exhibit G5C, # 21 Exhibit G6, # 22 Exhibit H, # 23 Exhibit I, # 24 Exhibit J, # 25 Brief in Support of Motion for Change of Venue, # 26 Exhibit K, # 27 Exhibit L, # 28 Exhibit M, # 29 Exhibit N, # 30 Exhibit O, # 31 Exhibit P, # 32 Exhibit Q, # 33 Exhibit R) (Grashoff, Philip) (Entered: 11/01/2016) 1 Proposed Motion for Change of Venue View on PACER 2 Exhibit A View on PACER 3 Exhibit B View on PACER 4 Exhibit C View on PACER 5 Exhibit D View on PACER 6 Exhibit E View on PACER 7 Exhibit F View on PACER 8 Exhibit G1A View on PACER 9 Exhibit G1B View on PACER 10 Exhibit G1C View on PACER 11 Exhibit G2A View on PACER 12 Exhibit G2B View on PACER 13 Exhibit G2C View on PACER 14 Exhibit G3 View on PACER 15 Exhibit G4A View on PACER 16 Exhibit G4B View on PACER 17 Exhibit G4C View on PACER 18 Exhibit G5A View on PACER 19 Exhibit G5B View on PACER 20 Exhibit G5C View on PACER 21 Exhibit G6 View on PACER 22 Exhibit H View on PACER 23 Exhibit I View on PACER 24 Exhibit J View on PACER 25 Brief in Support of Motion for Change of Venue View on PACER 26 Exhibit K View on PACER 27 Exhibit L View on PACER 28 Exhibit M View on PACER 29 Exhibit N View on PACER 30 Exhibit O View on PACER 31 Exhibit P View on PACER 32 Exhibit Q View on PACER 33 Exhibit R View on PACER	RECAP
40	Nov. 2, 2016	ORDER granting 39 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 11/02/2016)	RECAP
41	Nov. 2, 2016	JOINT MOTION to change venue (as filed per Order 40 ) by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (ems) (Entered: 11/03/2016)	RECAP
42	Nov. 2, 2016	BRIEF in support of JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G1A, # 8 Exhibit G1B, # 9 Exhibit G1C, # 10 Exhibit G2A, # 11 Exhibit G2B, # 12 Exhibit G2C, # 13 Exhibit G3, # 14 Exhibit G4A, # 15 Exhibit G4B, # 16 Exhibit G4C, # 17 Exhibit G5A, # 18 Exhibit G5B, # 19 Exhibit G5C, # 20 Exhibit G6, # 21 Exhibit H, # 22 Exhibit I, # 23 Exhibit J, # 24 Exhibit K, # 25 Exhibit L, # 26 Exhibit M, # 27 Exhibit N, # 28 Exhibit O, # 29 Exhibit P, # 30 Exhibit Q, # 31 Exhibit R) (ems) (Entered: 11/03/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G1A View on PACER 8 Exhibit G1B View on PACER 9 Exhibit G1C View on PACER 10 Exhibit G2A View on PACER 11 Exhibit G2B View on PACER 12 Exhibit G2C View on PACER 13 Exhibit G3 View on PACER 14 Exhibit G4A View on PACER 15 Exhibit G4B View on PACER 16 Exhibit G4C View on PACER 17 Exhibit G5A View on PACER 18 Exhibit G5B View on PACER 19 Exhibit G5C View on PACER 20 Exhibit G6 View on PACER 21 Exhibit H View on PACER 22 Exhibit I View on PACER 23 Exhibit J View on PACER 24 Exhibit K View on PACER 25 Exhibit L View on PACER 26 Exhibit M View on PACER 27 Exhibit N View on PACER 28 Exhibit O View on PACER 29 Exhibit P View on PACER 30 Exhibit Q View on PACER 31 Exhibit R View on PACER	RECAP
43	Nov. 3, 2016	CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (Entered: 11/03/2016)	RECAP
44	Nov. 8, 2016	JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Grashoff, Philip) (Entered: 11/08/2016)	RECAP
45	Nov. 8, 2016	BRIEF in support of JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Grashoff, Philip) (Entered: 11/08/2016) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER	RECAP
46	Nov. 8, 2016	CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (Entered: 11/08/2016)	RECAP
47	Nov. 9, 2016	PROPOSED STIPULATION and ORDER Regarding Plaintiff's Response to the MDEQ Defendants' Motion for Change of Venue by plaintiff Tamara Nappier (Thomson, Elizabeth) (Entered: 11/09/2016)	RECAP
48	Nov. 10, 2016	ORDER granting STIPULATION 47 for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 11/10/2016)	RECAP
49	Nov. 16, 2016	RESPONSE TO JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Nick Lyon, Richard Snyder, Eden Wells (Bettenhausen, Margaret) (Entered: 11/16/2016)	RECAP
50	Nov. 16, 2016	CERTIFICATE OF SERVICE by defendants Nick Lyon, Richard Snyder, Eden Wells re Response to Motion 49 (Bettenhausen, Margaret) (Entered: 11/16/2016)	RECAP
51	Nov. 16, 2016	RESPONSE in opposition to JOINT MOTION to change venue (as filed per Order 40 ) 41 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (Thomson, Elizabeth) (Entered: 11/16/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER 4 Exhibit 3 View on PACER	RECAP
	Nov. 16, 2016	(NON-DOCUMENT) ATTORNEY APPEARANCE of Margaret Bettenhausen on behalf of defendants Nick Lyon, Richard Snyder, Eden Wells (Bettenhausen, Margaret)
52	Nov. 22, 2016	RESPONSE TO JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Nick Lyon, Richard Snyder, Eden Wells (Larsen, Zachary) (Entered: 11/22/2016)	RECAP
53	Nov. 22, 2016	PROOF OF SERVICE by defendants Nick Lyon, Richard Snyder, Eden Wells re Response to Motion 52 [Attorney Zachary C. Larsen added to party Nick Lyon(pty:dft), Attorney Zachary C. Larsen added to party Richard Snyder(pty:dft), Attorney Zachary C. Larsen added to party Eden Wells(pty:dft)] (Larsen, Zachary) (Entered: 11/22/2016)	RECAP
54	Nov. 22, 2016	RESPONSE in opposition to JOINT MOTION to stay Proceedings Pending a Final Decision on Motion to Change Venue--Oral Argument Requested 44 filed by Tamara Nappier (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2) (Thomson, Elizabeth) (Entered: 11/22/2016) 1 Index of Exhibits View on PACER 2 Exhibit 1 View on PACER 3 Exhibit 2 View on PACER	RECAP
55	Dec. 2, 2016	MOTION for leave to file Reply to Plaintiff's Response to Motion to Change Venue, and Certificate of Service, by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Attachments: # 1 Exhibit A) (Grashoff, Philip) (Entered: 12/02/2016) 1 Exhibit A View on PACER	RECAP
56	Dec. 2, 2016	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION for leave to file Reply to Plaintiff's Response to Motion to Change Venue, and Certificate of Service, 55 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (Entered: 12/02/2016)	RECAP
57	Dec. 9, 2016	ORDER granting 55 motion for leave to file; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 12/09/2016)	RECAP
58	Dec. 9, 2016	REPLY to response to motion 41 filed by Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant (Grashoff, Philip) (mg) Modified text on 12/12/2016 (mg). (Entered: 12/12/2016)	RECAP
59	Jan. 30, 2017	NOTICE OF MOTION HEARING re 6, 9, 13, 16, 18 : oral argument will be heard on 3/2/2017 at 3:00 PM at 499 Federal Building, Grand Rapids, MI before Judge Gordon J. Quist; (Judge Gordon J. Quist, jmt) (Entered: 01/30/2017)	RECAP
60	Feb. 15, 2017	MOTION to supplement Motion to Submit Supplemental Authority by defendants Nick Lyon, Richard Snyder, Eden Wells; (Attachments: # 1 Exhibit 1 - USDC EDMI 10-06-16 Opinion and Order, # 2 Exhibit 2 - 6th Circuit COA - 1-13-2017 Order, # 3 Exhibit 3 - MI COC - 11-28-16 Opinion and Order, # 4 Exhibit 4 - MI COC 12-21-16 Opinion and Order) (Gambill, Nathan) Modified text on 2/15/2017 (ems). (Entered: 02/15/2017) 1 Exhibit 1 - USDC EDMI 10-06-16 Opinion and Order View on PACER 2 Exhibit 2 - 6th Circuit COA - 1-13-2017 Order View on PACER 3 Exhibit 3 - MI COC - 11-28-16 Opinion and Order View on PACER 4 Exhibit 4 - MI COC 12-21-16 Opinion and Order View on PACER	RECAP
61	Feb. 15, 2017	BRIEF in support of MOTION to supplement Motion to Submit Supplemental Authority 60 filed by Nick Lyon, Richard Snyder, Eden Wells (Gambill, Nathan) Modified text on 2/15/2017 (ems). (Entered: 02/15/2017)	RECAP
62	Feb. 15, 2017	CERTIFICATE regarding compliance with LCivR 7.1(d) re MOTION to supplement Motion to Submit Supplemental Authority 60 filed by Nick Lyon, Richard Snyder, Eden Wells (Gambill, Nathan) Modified text on 2/15/2017 (ems). (Entered: 02/15/2017)	RECAP
63	Feb. 15, 2017	ORDER granting 60 motion for leave to file supplemental authority; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/15/2017)	RECAP
64	Feb. 17, 2017	MEMORANDUM ORDER: (1) CANCELLING ORAL ARGUMENT; and (2) DIRECTING PARTIES TO ADDRESS SUBJECT MATTER JURISDICTION: 3/2/2017 motion hearing is CANCELLED; Plaintiff and MDEQ Employee Defendants to file within 14 days; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/17/2017)	RECAP
65	Feb. 23, 2017	PROPOSED ORDER regarding Substitution of Attorney by defendant Gerald Ambrose (Kim, William) (Entered: 02/23/2017)	RECAP
66	Feb. 23, 2017	PROPOSED ORDER regarding Substitution of Attorney by defendant Darnell Earley (Kim, William) (Entered: 02/23/2017)	RECAP
67	Feb. 27, 2017	ORDER granting STIPULATION 65 for substitution of counsel as to Defendant Ambrose; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/27/2017)	RECAP
68	Feb. 27, 2017	ORDER granting STIPULATION 66 for substitution of counsel as to Defendant Earley; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 02/27/2017)	RECAP
69	Feb. 27, 2017	JOINT MOTION for leave to file excess pages by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Barbieri, Charles) (Entered: 02/27/2017)	RECAP
70	Feb. 27, 2017	CERTIFICATE regarding compliance with LCivR 7.1(d) re JOINT MOTION for leave to file excess pages 69 filed by Patrick Cook, Michael Prysby (Barbieri, Charles) (Entered: 02/27/2017)	RECAP
71	March 1, 2017	ORDER granting 69 motion for leave to file excess pages; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/01/2017)	RECAP
72	March 2, 2017	BRIEF by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel Regarding Subject Matter Jurisdiction (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Barbieri, Charles) (Entered: 03/02/2017) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Exhibit G View on PACER 8 Exhibit H View on PACER 9 Exhibit I View on PACER 10 Exhibit J View on PACER 11 Exhibit K View on PACER 12 Exhibit L View on PACER 13 Exhibit M View on PACER	RECAP
73	March 2, 2017	BRIEF by plaintiff Tamara Nappier Regarding Removal Jurisdiction in Response to this Court's February 17, 2017 Order (ECF No. 64) (Thomson, Elizabeth) (Entered: 03/02/2017)	RECAP
74	March 3, 2017	BRIEF by defendants Nick Lyon, Richard Snyder, Eden Wells Response to Plaintiffs' and MDEQ Defendants' Briefs on Jurisdiction (Gambill, Nathan) (Entered: 03/03/2017)	RECAP
75	March 31, 2017	OPINION REGARDING JURISDICTION; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt)	RECAP
76	March 31, 2017	ORDER OF REMAND: case remanded to Michigan Court of Claims; signed by Judge Gordon J. Quist (Judge Gordon J. Quist, jmt) (Entered: 03/31/2017)	RECAP
77	April 3, 2017	LETTER, certified copy of remand order and docket sheet sent to Michigan Court of Claims (slk) (Entered: 04/03/2017)	RECAP
78	April 6, 2017	JOINT NOTICE OF APPEAL re 76, 75 by defendants Patrick Cook, Michael Prysby, Stephen Busch, Liane Shekter Smith, Daniel Wyatt, Bradley Wurfel (Barbieri, Charles) Modified text and filers on 4/7/2017 (ems). (Entered: 04/06/2017)	RECAP
79	April 10, 2017	LETTER FROM CCA regarding appeal 78 indicating appeal has been docketed as USCA case number 17-1401 (ems) (Entered: 04/11/2017)	RECAP
	April 10, 2017	CASE NUMBER 17-1401 assigned by the Sixth Circuit to appeal 78 (mkc)
80	April 11, 2017	ACKNOWLEDGMENT from Michigan Court of Claims, of receipt of remanded case (slk) (Entered: 04/11/2017)	RECAP
81	April 14, 2017	JOINT MOTION to stay Order Remanding Case Pending Appeal by defendants Stephen Busch, Patrick Cook, Michael Prysby, Liane Shekter Smith, Bradley Wurfel, Daniel Wyant; (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Barbieri, Charles) (Entered: 04/14/2017) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	RECAP

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Case Details

State / Territory:

Michigan

Case Type(s):

Public Benefits/Government Services

Special Collection(s):

Flint Water Cases

Multi-LexSum (in sample)

Key Dates

Filing Date: March 23, 2016

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A resident of Flint, MI, on behalf of her child and all other children of Flint who, from April 25, 2014 through the present, were residing in the City of Flint and who have suffered brain damage as a result of unsafe water.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Governor of Michigan

Michigan Department of Environmental Quality

Defendant Type(s):

Sanitation/Public Works