Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.1 Page 1 of 9
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`In Re Flint Water Cases,
`
`Walters, et al.,
`
`Plaintiffs,
`
`v.
`
`City of Flint, et al.,
`
`Defendants.
`
`
`
` No. 5:16-cv-10444-JEL-MKM
`(consolidated)
`
`Hon. Judith E. Levy
`
`Mag. Mona K. Majzoub
`
`
` No. 5:17-cv-10164-JEL-MKM
`
`
`LeeAnne Walters, as Next Friend for Two
`Minor Children, G.W.1 and G.W.2, et al.,
`
` No.
`
`Plaintiffs,
`
`v.
`
`
`
`J.P. Morgan Chase & Co.; Wells Fargo Bank,
`National Association; and Stifel, Nicolaus, and
`Company, Incorporated,
`
`Defendants.
`
`
`
`
`
`
`
`PLAINTIFFS’ MASTER SHORT FORM COMPLAINT
`AND JURY DEMAND
`
`Plaintiff(s) incorporate by reference Plaintiffs’ Proposed Amended Master
`
`Long Form Complaint and Jury Demand (“Master Complaint”) filed in In Re Flint
`
`
`
`1
`
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`In Re Flint Water Cases,
`
`Walters, et al.,
`
`Plaintiffs,
`
`v.
`
`City of Flint, et al.,
`
`Defendants.
`
`
`
` No. 5:16-cv-10444-JEL-MKM
`(consolidated)
`
`Hon. Judith E. Levy
`
`Mag. Mona K. Majzoub
`
`
` No. 5:17-cv-10164-JEL-MKM
`
`
`LeeAnne Walters, as Next Friend for Two
`Minor Children, G.W.1 and G.W.2, et al.,
`
` No.
`
`Plaintiffs,
`
`v.
`
`
`
`J.P. Morgan Chase & Co.; Wells Fargo Bank,
`National Association; and Stifel, Nicolaus, and
`Company, Incorporated,
`
`Defendants.
`
`
`
`
`
`
`
`PLAINTIFFS’ MASTER SHORT FORM COMPLAINT
`AND JURY DEMAND
`
`Plaintiff(s) incorporate by reference Plaintiffs’ Proposed Amended Master
`
`Long Form Complaint and Jury Demand (“Master Complaint”) filed in In Re Flint
`
`
`
`1
`
`
`
`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.2 Page 2 of 9
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`Water Cases in the United States District Court for the Eastern District of
`
`Michigan, filed as No. 185 on the Master Docket. Pursuant to the Court’s Order
`
`permitting Plaintiffs to file a Master Complaint for the Individual Flint Water
`
`Cases, the following Short Form Complaint encompasses Plaintiff(s)’ claims as
`
`adopted from the Master Long Form Complaint in the above-captioned action.
`
`Plaintiff(s) select and indicate by checking boxes where requested, parties
`
`and claims specific to this case. As necessary, Plaintiff(s) include: (a) additional
`
`claims against the Defendant(s) listed in paragraph 1, which are set forth in
`
`paragraph 10, and the supporting facts for which are alleged in paragraph 12 or on
`
`an additional sheet attached to this Short Form Complaint; and/or (b) claims plead
`
`against additional defendants not listed in the Master Long Form Complaint, which
`
`are set forth in paragraph 13 and the supporting facts for which are alleged in
`
`paragraph 14 or on an additional sheet attached to this Short Form Complaint.
`
`Plaintiffs, by and through their counsel, allege as follows:
`
`I.
`
`DEFENDANTS
`
`1.
`
`Plaintiff(s) name the following Defendants in this action [check only
`
`those that apply]:
`
`☐ Governor Richard D. Snyder
`☐
`The City of Flint, a municipal corporation
`☐ Darnell Earley
`☐ Howard Croft
`☐ Michael Glasgow
`
`
`
`2
`
`
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.3 Page 3 of 9
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`☐ Gerald Ambrose
`☐
`Jeff Wright
`☐ Dayne Walling
`☐ Daugherty Johnson
`☐
`Liane Shekter-Smith
`☐ Daniel Wyant
`☐
`Stephen Busch
`☐
`Patrick Cook
`☐ Michael Prysby
`☐ Bradley Wurfel
`☐ Nick Lyon
`☐ Adam Rosenthal
`☐ Andy Dillon
`☐
`Lockwood Andrews & Newnam, P.C.
`☐
`Lockwood Andrews & Newnam, Inc.
`☐
`Leo A. Daly Company
`☐ Rowe Professional Services Company, f/k/a Rowe Engineering, Inc.
`☐ Veolia LLC
`☐ Veolia Inc.
`☐ Veolia Water, LLC
`☐ Veolia Environmental, S.A.
`
`******
`SEE ATTACHED FOR DEFENDANTS PREVIOUSLY NOT NAMED
`IN MASTER LONG FORM COMPLAINT (NEW DEFENDANTS):
`
`
`(a) J.P. MORGAN CHASE & CO.;
`(b) WELLS FARGO BANK NATIONAL ASSOCIATION
`(c) STIFEL, NICOLAUS & COMPANY, INCORPORATED
`
`
`2.
`
`The above-named defendant(s) are sued in those capacities outlined in
`
`the Master Complaint and Short Form Complaint attached hereto. They are named
`
`jointly and severally.
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`3
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.4 Page 4 of 9
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`II.
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`PLAINTIFFS
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`3.
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`4.
`
`Plaintiff(s): See Exhibit “A”
`
`If brought on behalf of Plaintiff by another person, capacity (i.e.,
`
`administrator, executor, guardian, conservator, etc.):
`
`See Exhibit “A”
`
`5.
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`Plaintiff’s State of Residence:
`
`
`
`
`
`MICHIGAN
`
`
`
`
`
`III. FLINT WATER EXPOSURE
`
`6.
`
`(If alleging personal injury) Plaintiff(s) lived in Flint, Michigan from
`
`approximately Birth until Present. If more than one Plaintiff is named on this Short
`
`Form Complaint, list each additional Plaintiff’s period of residency in Flint on an
`
`additional sheet, or check the box below if the period of residency is the same for
`
`all named Plaintiffs.
`
`☒
`
`Period of Residency in Flint is the same for all named Plaintiffs.
`
`
`
`7.
`
`(If alleging property damage) Plaintiff(s) owned property in Flint,
`
`Michigan from approximately N/A. If Plaintiff(s) owned more than one property in
`
`Flint, list each additional property, as well as the dates the property was owned, on
`
`an additional sheet. For each property, state which plaintiff owned which property.
`
`8.
`
`(If alleging economic loss) Plaintiff(s) owned a business in Flint,
`
`Michigan from approximately N/A until N/A at the following address: N/A. If
`
`Plaintiff(s) owned more than one business in Flint, list each additional business, as
`
`well as the dates the business was owned, on an additional sheet.
`
`
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`4
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.5 Page 5 of 9
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`IV.
`
`INJURIES
`
`9.
`
`Plaintiff(s) allege(s) the following injury(ies) (and subcategory of
`
`injur(ies) as a result of use of and/or exposure to Flint River Water:
`
`☒
`
`
`
`
`Personal injury
`☒
`Lead Poisoning
`☐
`Legionella
`☐ Other (please specify below or on additional sheet)
`
`
`Plaintiffs suffered, inter alia, cognitive deficits as a result of exposure to lead.
`
`
`
`Property damage
`Economic loss
`Emotional damage
`
`☐
`☐
`☒
`
`V. CLAIMS/COUNTS
`
`10. The following claim(s) asserted in the Master Long Form Complaint,
`
`and the allegations with regard thereto in the Master Long Form Complaint, are
`
`adopted in this Short Form Complaint by reference:
`
`☐ Count I: 42 U.S.C. §1983 – 14th Amendment, Substantive Due
`Process – State Created Danger
`☒ Count II: 42 U.S.C. §1983 – 14th Amendment, Substantive Due
`Process – Bodily Integrity
`*****
`Count II and the facts pled in the Master Long Form Complaint
`associated therewith are adopted as to the newly named Defendants as
`more fully pled in Exhibit B.
`
` Count III: 42 U.S.C. §1983 – 5th and 14th Amendments, Equal
`Protection of the Law – Race Based
`
`5
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` ☐
`
`
`
`
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.6 Page 6 of 9
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`☐ Count IV: 42 U.S.C. §1983 – 5th and 14th Amendments, Equal
`Protection of the Law – Wealth Based
`☐ Count V: 42 U.S.C. §1985(3) – Invidious Racial Animus
`☐ Count VI: MCL 37.2302 – Violation of Public Service Provisions of
`ELCRA
`☐ Count VII: Gross Negligence
`☒ Count VIII: Punitive Damages
`*****
`This Count and the facts pled in the Master Long Form Complaint
`associated therewith are adopted as to the newly named Defendants as
`more fully pled in Exhibit B.
`
`☐ Count IX: Professional Negligence (LAN PC, LAN Inc. and LAD)
`☐ Count X: Professional Negligence (Rowe)
`☐ Count XI: Professional Negligence (Veolia LLC, Veolia Inc., Veolia
`Water and Veolia S.A.)
`☐ Count XII: Fraud (Veolia LLC, Veolia Inc., Veolia Water and Veolia
`S.A.) If alleging fraud, state with specificity the allegations supporting
`the cause of action (use an additional sheet if necessary):
`
`☐ Count XIII: Others [Specify Below]
`
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`6
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.7 Page 7 of 9
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`See Exhibit “B”
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`11. Unless otherwise noted, the above-checked Claims/Counts are only
`
`applicable to those Defendants against whom each Claim/Count referenced in the
`
`Master Long Form Complaint applies to therein.
`
`12.
`
`If additional claims against the Defendants identified in the Master
`
`Long Form Complaint are alleged in paragraph 10, the facts supporting these
`
`allegations must be pleaded. Plaintiff asserts the following factual allegations
`
`against the Defendants identified in the Master Long Form Complaint:
`
`
`
`
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`13. Plaintiffs assert the following additional claims and factual allegations
`
`against other Defendants (must name defendant and its alleged citizenship):
`
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.8 Page 8 of 9
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`See Exhibit “B”
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`14.
`
`If additional Defendants are identified in paragraph 13, the facts
`
`supporting these allegations must be pleaded. Plaintiff asserts the following factual
`
`allegations against the Defendants identified paragraph 13:
`
`See Exhibit “B”
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`Case 4:20-cv-12726-MFL-DRG ECF No. 1 filed 10/07/20 PageID.9 Page 9 of 9
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`WHEREFORE, Plaintiffs pray for relief as set forth in the Plaintiffs’
`
`Master Long Form Complaint in In Re Flint Water Cases in the United States
`
`District Court for the Eastern District of Michigan.
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`
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`Dated:
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` October 7, 2020
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`/s/ COREY M. STERN
`LEVY KONIGSBERG, LLP
`800 Third Avenue, 11th Floor
`New York, New York 10022
`(212)605-6298
`(212)605-6290 (facsimile)
`cstern@levylaw.com
`www.levylaw.com
`
`
`
`9
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`
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