Case 5:16-cv-10444-JEL-MKM ECF No. 1256 filed 09/08/20 PageID.39433 Page 1 of 5
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`
`
`
`
`
`
`
`
`
`
`No. 5:16-cv-10444-JEL-MKM
`(consolidated)
`Hon. Judith E. Levy
`Mag. Mona K. Majzoub
`
`No. 5:16-cv-10444-JEL-MKM
`(consolidated)
`Hon. Judith E. Levy
`Mag. Mona K. Majzoub
`
`
`In re Flint Water Cases.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`
`Elnora Carthan, et. al.,
`
`
`
`
`
`
`Plaintiffs
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`
`
`Governor Rick Snyder, et. al.
`
`Defendants
`
`
`_________________________
`
`DEFENDANT DAUGHERTY JOHNSON’S ANSWER AND AFFIRMATIVE
`DEFENSES TO FIFTH CONSOLIDATED AMENDED CLASS
`COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF,
`MONEY DAMAGES, AND JURY DEMAND
`Defendant Daugherty Johnson (“Johnson”) in Answer to Plaintiffs’ Fifth
`
`
`
`Consolidated Amended Class Complaint for Injunctive and Declaratory Relief,
`
`Money Damages, and Jury Demand (“Complaint”), answering solely for himself and
`
`solely as to allegations directed against him, (1) incorporates by reference its Answer
`
`and Affirmative Defenses to the Fourth Consolidated Amended Complaint (DN
`
`
`
`Page 1 of 5
`
`
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`
`
`
`
`
`
`
`
`
`
`
`
`
`No. 5:16-cv-10444-JEL-MKM
`(consolidated)
`Hon. Judith E. Levy
`Mag. Mona K. Majzoub
`
`No. 5:16-cv-10444-JEL-MKM
`(consolidated)
`Hon. Judith E. Levy
`Mag. Mona K. Majzoub
`
`
`In re Flint Water Cases.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`_____________________________
`
`Elnora Carthan, et. al.,
`
`
`
`
`
`
`Plaintiffs
`
`
`
`
`vs.
`
`
`
`
`
`
`
`
`
`
`
`Governor Rick Snyder, et. al.
`
`Defendants
`
`
`_________________________
`
`DEFENDANT DAUGHERTY JOHNSON’S ANSWER AND AFFIRMATIVE
`DEFENSES TO FIFTH CONSOLIDATED AMENDED CLASS
`COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF,
`MONEY DAMAGES, AND JURY DEMAND
`Defendant Daugherty Johnson (“Johnson”) in Answer to Plaintiffs’ Fifth
`
`
`
`Consolidated Amended Class Complaint for Injunctive and Declaratory Relief,
`
`Money Damages, and Jury Demand (“Complaint”), answering solely for himself and
`
`solely as to allegations directed against him, (1) incorporates by reference its Answer
`
`and Affirmative Defenses to the Fourth Consolidated Amended Complaint (DN
`
`
`
`Page 1 of 5
`
`
`
`Case 5:16-cv-10444-JEL-MKM ECF No. 1256 filed 09/08/20 PageID.39434 Page 2 of 5
`
`1184) and (2) submits the following additional answers, solely as to those allegations
`
`added in the Fifth Consolidated Amended Complaint.
`
`26. Plaintiff Darnella Gaines, on behalf of her minor child, K.C., is a 28 year
`
`old mother who resides in Flint, Michigan. Ms. Gaines’ minor son, K.C., was born
`
`on July 26, 2011. From April 25, 2014 until approximately sometime in July 2015,
`
`Ms. Gaines and K.C. regularly used unfiltered water for drinking, cooking,
`
`bathing/showering, and clothes washing. After July 2015, Plaintiff continued to
`
`bathe, shower and wash clothes and dishes in unfiltered water. In addition to being
`
`exposed to high levels of lead during the timeframe that he consumed water, K.C.
`
`experienced hair loss and persistent skin rashes. As a direct and proximate result of
`
`Defendants’ conduct, K.C. has experienced serious physical injury due to his
`
`exposure to the toxic water, including, but not limited to, heightened levels of lead in
`
`his blood.
`
`ANSWER: Mr. Johnson denies an untrue that he was the “direct and
`
`proximate” cause of any injury and/or damage stated herein. To the extent that any
`
`allegation contained in this paragraph is deemed as an allegation of liability against
`
`Mr. Johnson, then said allegation is denied. Any allegation concerning the
`
`Plaintiffs’ alleged injuries or damages made in connection with any allegation of
`
`liability against Mr. Johnson is denied. Mr. Johnson does not have enough
`
`knowledge or information to form a belief as to the truth of the allegations in this
`
`
`
`Page 2 of 5
`
`
`
`Case 5:16-cv-10444-JEL-MKM ECF No. 1256 filed 09/08/20 PageID.39435 Page 3 of 5
`
`paragraph to the extent that they refer to other defendants or plaintiffs.
`
` 27. Plaintiffs Elnora Carthan, Rhonda Kelso, individually and on behalf of
`
`her minor child, K.E.K., Darnell and Barbara Davis, Michael Snyder, Marilyn
`
`Bryson, David Munoz, Tiantha Williams, individually and on behalf of her minor
`
`child, T.W., and Darnella Gaines, on behalf of her minor child, K.C., are referred to
`
`collectively herein as, “Individual Plaintiffs.”
`
`
`
`ANSWER: Mr. Johnson lacks knowledge or information sufficient to
`
`admit or deny the truth of the matters asserted in this paragraph.
`
` 29. Plaintiff 635 South Saginaw LLC (“South Saginaw LLC”) is the
`
`owner of the restaurant “Cork on Saginaw,” which is located at 635 Saginaw Street
`
`in Flint Michigan. As the Flint Water crisis unfolded, Cork on Saginaw suffered a
`
`significant reduction in income due to the reluctance of restaurant patrons to
`
`purchase food and beverages at a restaurant located within the City of Flint
`
`that used Flint water. As a direct and proximate result of Defendants’ conduct
`
`described herein, South Saginaw LLC has suffered lost business income.
`
`ANSWER: Mr. Johnson denies an untrue that he was the “direct and
`
`proximate” cause of any injury and/or damage stated herein. To the extent that any
`
`allegation contained in this paragraph is deemed as an allegation of liability against
`
`Mr. Johnson, then said allegation is denied. Any allegation concerning the
`
`Plaintiffs’ alleged injuries or damages made in connection with any allegation of
`
`
`
`Page 3 of 5
`
`
`
`Case 5:16-cv-10444-JEL-MKM ECF No. 1256 filed 09/08/20 PageID.39436 Page 4 of 5
`
`liability against Mr. Johnson is denied. Mr. Johnson does not have enough
`
`knowledge or information to form a belief as to the truth of the allegations in this
`
`paragraph to the extent that they refer to other defendants or plaintiffs.
`
` 31. Plaintiffs Frances Gilcreast, South Saginaw LLC, and Angelo’s
`
`Coney Island are referred to collectively herein as, “Business Plaintiffs.” The
`
`Business Plaintiffs and
`
`Individual Plaintiffs are referred to collectively as,
`
`“Plaintiffs.”
`
`
`
`ANSWER: Mr. Johnson lacks knowledge or information sufficient to
`
`admit or deny the truth of the matters asserted in this paragraph.
`
`
`
`
`
`
`
`
`
`
`
`Respectfully submitted,
`
`Attorneys for Daugherty Johnson
`
`/s/ Edwar Zeineh ______
`Edwar A. Zeineh (P71923)
`Law Office of Edwar A. Zeineh
`2800 E. River Ave., Suite B.
`Lansing, MI 48912
`(517)292-7000
`zeinehlaw@gmail.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 4 of 5
`
`
`
`
`
`
`
`
`
`Case 5:16-cv-10444-JEL-MKM ECF No. 1256 filed 09/08/20 PageID.39437 Page 5 of 5
`
`CERTIFICATE OF SERVICE
`
`The undersigned certifies that the foregoing document was filed with the
`
`U.S. District Court through the ECF filing system and that all parties to the above
`
`cause were served via the ECF filing system on September 08, 2020.
`
`Respectfully submitted,
`
`Attorneys for Daugherty Johnson
`
`/s/ Edwar Zeineh ______
`Edwar A. Zeineh (P71923)
`Law Office of Edwar A. Zeineh
`2800 E. River Ave., Suite B.
`Lansing, MI 48912
`(517)292-7000
`zeinehlaw@gmail.com
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Page 5 of 5
`
`
`
`
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
