`Case 5:16-cv-10444-JEL-MKM ECF No. 1257 filed 09/08/20 PageID.39438 Page 1 of 6
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`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
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`In re Flint Water Cases
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`Carthan v. Snyder
`Case No: 5:16-cv-10444
`(consolidated)
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`Honorable Judith E. Levy
`United States District Judge
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`Magistrate Mona K. Majzoub
`__________________________________________________________________
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`DEFENDANT GERALD AMBROSE’S
`ANSWER, RELIANCE ON JURY DEMAND, AND AFFIRMATIVE
`DEFENSES TO PLAINTIFFS’ FIFTH CONSOLIDATED AMENDED
`CLASS COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF,
`MONEY DAMAGES, AND JURY DEMAND [DKT. 1175-3]
`__________________________________________________________________
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`NOW COMES Defendant Gerald Ambrose (“Ambrose”), by and through
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`his attorney Barry A. Wolf (P40709), and states that this Answer does not
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`constitute a waiver of Mr. Ambrose’s Fifth and Fourteenth Amendment1 rights
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`under the United States Constitution nor his rights under Article 1, Section 17 of
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`the Michigan Constitution in any way. Mr. Ambrose does not waive any rights in
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`regards to this matter and he does not waive his rights in any other matters that are
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`related in any way to these proceedings, including, but not limited to, previously
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`1 Malloy v. Hogan, 378 U.S. 1, 8; 84 S.Ct. 1389; 12 L.Ed.2d 653 (1964).
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`Case 5:16-cv-10444-JEL-MKM ECF No. 1257 filed 09/08/20 PageID.39439 Page 2 of 6
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`pending in the 67th District Court for the County of Genesee.
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`This Answer is filed pursuant to the Court’s August 28, 2020 Order
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`Regarding Matters Discussed at the August 26, 2020 Status Conference [Dkt.
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`1247]. Mr. Ambrose incorporates by reference all of his responses, except as set
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`forth below, to the Plaintiffs’ Fourth Consolidated Amended Class Complaint for
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`Injunctive and Declaratory Relief, Money Damages, and Jury Demand [Dkt. 620-
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`3] contained in his Answer, Reliance on Jury Demand, and Affirmative Defenses
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`to Plaintiffs’ Fourth Consolidated Amended Class Complaint for Injunctive and
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`Declaratory Relief, Money Damages, and Jury Demand [Dkt. 1178]. Mr. Ambrose
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`also incorporates by reference all previously asserted affirmative defenses and his
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`reliance upon Plaintiffs’ jury demand.
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`In recognition of the conditions and limitations set forth above, Mr.
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`Ambrose states in Answer to Plaintiffs’ Fifth Consolidated Amended Class
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`Complaint for Injunctive and Declaratory Relief, Money Damages, and Jury
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`Demand [Dkt. 1175-3] (“Complaint”) as follows:
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`PARTIES
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`A.
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`Plaintiffs
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`26. Plaintiff Darnella Gaines, on behalf of her minor child, K.C., is a 28
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`year old mother who resides in Flint, Michigan. Ms. Gaines’ minor son, K.C., was
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`born on July 26, 2011. From April 25, 2014 until approximately sometime in July
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`2015, Ms. Gaines and K.C. regularly used unfiltered water for drinking, cooking,
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`bathing/showering, and clothes washing. After July 2015, Plaintiff continued to
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`bathe, shower and wash clothes and dishes in unfiltered water. In addition to being
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`exposed to high levels of lead during the timeframe that he consumed water, K.C.
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`experienced hair loss and persistent skin rashes. As a direct and proximate result of
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`Defendants’ conduct, K.C. has experienced serious physical injury due to his
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`exposure to the toxic water, including, but not limited to, heightened levels of lead
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`in his blood.
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`ANSWER: Gerald Ambrose lacks knowledge or information sufficient to
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`admit or deny the truth of the matters asserted in this paragraph.
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`27. Plaintiffs Elnora Carthan, Rhonda Kelso, individually and on behalf of
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`her minor child, K.E.K., Darnell and Barbara Davis, Michael Snyder, Marilyn
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`Bryson, David Munoz, Tiantha Williams, individually and on behalf of her minor
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`child, T.W., and Darnella Gaines, on behalf of her minor child, K.C., are referred to
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`collectively herein as, “Individual Plaintiffs.”
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`ANSWER: Gerald Ambrose lacks knowledge or information sufficient to
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`admit or deny the truth of the matters asserted in this paragraph.
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`29. Plaintiff 635 South Saginaw LLC (“South Saginaw LLC”) is the
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`owner of the restaurant “Cork on Saginaw,” which is located at 635 Saginaw Street
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`in Flint Michigan. As the Flint Water crisis unfolded, Cork on Saginaw suffered a
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`significant reduction in income due to the reluctance of restaurant patrons to
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`purchase food and beverages at a restaurant located within the City of Flint
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`that used Flint water. As a direct and proximate result of Defendants’ conduct
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`described herein, South Saginaw LLC has suffered lost business income
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`ANSWER: Gerald Ambrose lacks knowledge or information sufficient to
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`admit or deny the truth of the matters asserted in this paragraph.
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`31. Plaintiffs Frances Gilcreast, South Saginaw LLC, and Angelo’s
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`Coney Island are referred to collectively herein as, “Business Plaintiffs.” The
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`Business Plaintiffs and
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`Individual Plaintiffs are referred to collectively as,
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`“Plaintiffs.”
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`ANSWER: Gerald Ambrose lacks knowledge or information sufficient to
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`admit or deny the truth of the matters asserted in this paragraph.
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`RESPONSE TO PRAYER FOR RELIEF
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`Gerald Ambrose requests that this Court enter judgment in his favor on all
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`claims and award him an order for an award of reasonable attorney’s fees and
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`litigation expenses and denying an order for any other relief and deny Plaintiffs
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`each and every element of relief requested in their Prayer for Relief, including but
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`not limited to:
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`a. Denying class certification under Fed. R. Civ. P. 23 on all grounds and
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`bases on which Plaintiffs’ seek it;
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`b. Denying any declaratory relief;
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`c. Denying any injunctive relief;
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`d. Denying appointment of a monitor;
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`e. Denying an award of compensatory damages;
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`f. Denying an order for an award of punitive damages;
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`g. Denying an order for an award of exemplary damages;
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`h. Denying an order for equitable relief;
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`i. Denying an order for pre-judgment and post-judgment interest;
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`j. Denying an order for an award of reasonable attorney’s fees and
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`litigation expenses; and
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`k. Denying an order for any other relief.
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`Respectfully Submitted,
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`/s/ Barry A. Wolf__________
`BARRY A. WOLF (P40709)
`Barry A. Wolf, Attorney at Law, PLLC
`Attorney for Defendant Gerald Ambrose
`503 S. Saginaw St., Ste. 1410
`Flint, MI 48502
`(810) 762-1084
`bwolf718@msn.com
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`Date: September 8, 2020
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`Case 5:16-cv-10444-JEL-MKM ECF No. 1257 filed 09/08/20 PageID.39443 Page 6 of 6
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`CERTIFICATE OF SERVICE
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`I hereby certify that on September 8, 2020, I electronically filed the
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`above document with the Clerk of the Court using the Court’s ECF system,
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`which will send notification of such filing to all counsel of record.
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`/s/ Barry A. Wolf__________
`BARRY A. WOLF (P40709)
`Barry A. Wolf, Attorney at Law, PLLC
`Attorney for Defendant Gerald Ambrose
`503 S. Saginaw St., Ste. 1410
`Flint, MI 48502
`(810) 762-1084
`bwolf718@msn.com
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`Dated: September 8, 2020
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