Alexander v. Flint, City of ( 2020 )

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 s/Judith E. Levy Ann Arbor, Michigan JUDITH E. LEVY United States District Judge 1 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. 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