Case 5:16-cv-10444-JEL-EAS ECF No. 2077-1, PageID.71717 Filed 12/22/21 Page 1 of 202
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`EXHIBIT A
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`Case 5:16-cv-10444-JEL-EAS ECF No. 2077-1, PageID.71718 Filed 12/22/21 Page 2 of 202
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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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`No. 5:16-cv-10444-JEL-EAS
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`HON. JUDITH E. LEVY
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`MAG. ELIZABETH A. STAFFORD
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`[PROPOSED] FINAL JUDGMENT AND ORDER OF DISMISSAL
`WITH PREJUDICE IMPLEMENTING PARTIAL SETTLEMENT
`PURSUANT TO FED. R. CIV. P. 54(b) AND 58(a)
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`1.
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`On November 10, 2021, this Court issued an opinion and order granting
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`final approval of a partial settlement entered into by the settling parties in In re Flint
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`Water Cases, Case No. 5:16-cv-10444. (ECF No. 2008.)1 That opinion and order
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`prompts submission of the necessary documents to the Court for implementing the
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`Settlement Agreement as contemplated by Article VIII of the Settlement Agreement.
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`Accordingly, this Final Judgment was submitted to the Court. For the reasons set
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`forth in the opinion and order granting final approval, together with the order
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`1 Unless otherwise specified in this Final Judgment (hereafter “Judgment” or “Final
`Judgment”), capitalized terms in this Final Judgment have the same meaning as
`defined in the Amended Settlement Agreement (“ASA” or “Settlement Agreement”)
`(ECF No. 1394-2) approved by the Court in ECF No. 2008. While some of the more
`relevant definitions from the Settlement Agreement are repeated in later parts of this
`Judgment for convenience and ease of reference, all definitions and capitalized terms
`in the Settlement Agreement are incorporated and apply to this Judgment whether
`or not they are repeated here.
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`1
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`Case 5:16-cv-10444-JEL-EAS ECF No. 2077-1, PageID.71719 Filed 12/22/21 Page 3 of 202
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`granting preliminary approval and additional orders entered previously addressing
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`clarifications to and modifications of the settlement, the Court hereby orders:
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`2.
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`There is no just reason for delay in entering this Final Judgment as to
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`only the parties to the Settlement Agreement, which are fewer than all of the parties
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`and claims in the action. The partial settlement should be implemented promptly.
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`Accordingly, pursuant to Federal Rule of Civil Procedure 54(b), the Court hereby
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`enters this Final Judgment, and the Settlement Agreement as clarified or modified
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`by stipulations and/or orders of this Court, including all Exhibits thereto, are hereby
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`adopted and fully incorporated by reference into this Final Judgment.
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`3.
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`This document constitutes a final judgment and separate document for
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`purposes of Federal Rule of Civil Procedure 58(a).
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`4.
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`To fully effectuate the settlement, the Court further orders that this
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`Final Judgment is entered in each of the cases pending before this Court that are
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`listed in the attached Exhibit 1, except to the extent that any such cases include
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`claims of valid opt-outs from the Settlement Class or non-registering Individual
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`Plaintiffs. The Court Clerk shall make appropriate docket entries to effectuate that
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`result.
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`5.
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`As to the Individual Plaintiffs2:
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`2 “Individual Plaintiffs” shall mean for the purposes of this Final Judgment all
`persons and entities listed on Exhibit 1 to the Settlement Agreement, and all other
`persons and entities, who are not Settlement Class Members and who are registered
`2
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`A. The Court finds that the Settlement Agreement and Settlement
`Program with respect to Minors and LIIs, including the processes
`and procedures in Article XXI–Minors and LIIs, Article III–
`Registration for and Participation in Settlement Program, Article
`IV–Settlement Categories, and Article V–Monetary Awards, are
`fair, reasonable, and adequate, and that such processes and
`procedures are hereby confirmed, established and effective to
`implement the Settlement Agreement;
`B. The Court approves the Settlement Agreement and distribution of
`any proceeds for any claim brought by an Individual Plaintiff that is
`subject to Michigan’s Wrongful Death Act, Mich. Comp. Laws §
`600.2922, and such Settlement Agreement processes, procedures,
`and distributions are confirmed, established and effective;
`C. The Court approves the distribution of the FWC Qualified
`Settlement Fund as provided in the Settlement Agreement;
`D. As of the Effective Date, Releasors are permanently barred,
`enjoined, and restrained from commencing, filing, initiating,
`asserting, and or maintaining any and all Released Claims against
`the Releasees. The Settlement Agreement shall be the exclusive
`remedy for any and all Released Claims against any Releasee;
`E. As of the Effective Date, the Amended Master Complaint and all
`Related Lawsuits filed by Individual Plaintiffs pending in the
`Federal Court are dismissed with prejudice as to the Releasees
`without further costs, including claims for interest, penalties, cost,
`and attorney fees, except for the motions for an award of attorneys’
`fees and reasonable costs, as set forth in Article XI, which have been
`made and are to be determined by the Federal Court;
`F. All Releasors with Related Lawsuits filed by Individual Plaintiffs
`pending in any state or federal court, other than the Federal Court
`shall promptly file appropriate documents to dismiss with prejudice,
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`Claimants. In addition, Future Minor Claimants who register pursuant to Article VI
`of the Settlement Agreement, and any individual who accepts a settlement under the
`entered Case Management Orders attached as Exhibit 11 to the Settlement
`Agreement, shall also be included in the definition of “Individual Plaintiffs” for
`purposes of this Final Judgment.
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`and without further costs, including claims for interest, penalties,
`cost, and attorney fees, all such Related Lawsuits as to the Released
`Parties. Such dismissals shall be effective upon the Effective Date
`and shall thereby effectuate in part the Releases;
`G. As of the Effective Date, all Releasors are permanently barred and
`enjoined from the commencement, assertion, and/or prosecution of
`any claim for contribution and/or indemnity arising out of or related
`to the Released Claims in the Federal Court, in any other federal
`court, state court, arbitration, regulatory agency, or other tribunal or
`forum against the Released Parties;
`H. The Court confirms the appointment of ARCHER Systems, LLC as
`the Claims Administrator and QSF Administrator, Deborah
`Greenspan as the Special Master, ARCHER Systems, LLC and
`MASSIVE as the Lien Resolution Administrator, and Forge
`Consulting, LLC as the Settlement Planning Administrator;
`I. The Federal Court retains continuing
`the
`jurisdiction over
`management of the claims process, the management and distribution
`of the FWC Qualified Settlement Fund and Sub-Qualified
`Settlement Funds and over all entities and individuals appointed in
`the preceding paragraph H;
`J. In addition to and consistent with Paragraph 23.5 of the Settlement
`Agreement and paragraph 22 of this Final Judgment, the Court
`expressly incorporates the terms of the Settlement Agreement, and
`the Federal Court retains continuing and exclusive jurisdiction over
`the Individual Plaintiffs, Defendants, and the Settlement Agreement,
`solely to interpret, implement, administer, and enforce the
`Settlement Agreement in accordance with its terms and to enter
`orders in aid of the implementation of the Settlement Agreement;
`K. The FWC Qualified Settlement Fund has previously been
`established pursuant to Court order. The allocation of the FWC
`Qualified Settlement Fund into the Sub-Qualified Settlement Funds
`is approved and, by approving the distribution of the FWC Qualified
`Settlement Fund, the distribution of the net funds in the FWC
`Qualified Settlement Fund into the following Sub-Qualified
`Settlement Funds is approved as follows:
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`Case 5:16-cv-10444-JEL-EAS ECF No. 2077-1, PageID.71722 Filed 12/22/21 Page 6 of 202
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`Minor Child Sub-Qualified Settlement Fund–64.5% of the net
`funds in the FWC Qualified Settlement Fund;
`Minor Adolescent Sub-Qualified Settlement Fund–10% of
`the net funds in the FWC Sub-Qualified Settlement Fund;
`Minor Teen Sub-Qualified Settlement Fund–5% of the net
`funds in the FWC Qualified Settlement Fund;
`Future Minor Sub-Qualified Settlement Fund–$35,000,000 to
`be taken on a prorated basis from the total amount allocated
`to the Minor Child, Minor Adolescent, and Minor Teen
`Qualified Settlement Funds;
`Adults and Property Damage Sub-Qualified Settlement
`Fund–18% of the net funds in the FWC Qualified Settlement
`Fund (15% for Adult Claimants and 3% for Property Damage
`Claimants);
`Business Economic Loss Sub-Qualified Settlement Fund–
`0.5% of the net funds in the FWC Qualified Settlement Fund;
`and
`Programmatic Relief Sub-Qualified Settlement Fund–2% of
`the net funds in the FWC Qualified Settlement Fund; and
`L. The Court finds that the notice given to Individual Plaintiffs fairly
`and adequately: (i) described the terms and effect of the Settlement
`Agreement; and (ii) constituted due and sufficient notice of the
`matters set forth in the notice to all individuals entitled to receive it.
`As to the Settlement Class:
`A. The Court hereby confirms and finally certifies the Settlement Class
`and Subclasses for Adults, Property Damage, and Business
`Economic Loss pursuant to Fed. R. Civ. P. 23, solely for purposes
`of this settlement;
`B. The Court approves the Settlement Agreement and its terms as being
`fair, reasonable, and adequate as to the Settlement Class Members
`within the meaning of Fed. R. Civ. P. 23 and directs its
`consummation according to its terms;
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`6.
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`Case 5:16-cv-10444-JEL-EAS ECF No. 2077-1, PageID.71723 Filed 12/22/21 Page 7 of 202
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`C. The Court approves the Settlement Agreement and distribution of
`any proceeds for any claim brought by a Class Member that is
`subject to Michigan’s Wrongful Death Act, Mich. Comp. Laws §
`600.2922, and such Settlement Agreement processes, procedures,
`and distributions are confirmed, established and effective;
`D. The Court approves the distribution of the FWC Qualified
`Settlement Fund as provided in the Settlement Agreement;
`E. The Court confirms the appointments of the following Settlement
`Class Representatives and Subclass Representatives:
`a. “Settlement Class Representatives” means Elnora Carthan;
`Rhonda Kelso; Darrell and Barbara Davis; Michael Snyder,
`as personal representative of the estate of John Snyder; David
`Munoz; Tiantha Williams; Frances Gilcreast; Neil Helmkay;
`and 635 South Saginaw LLC;
`b. “Subclass Representatives” means:
`i. Rhonda Kelso, Barbara and Darrell Davis, Tiantha
`Williams,
`and Michael Snyder,
`as personal
`representative of the Estate of John Snyder, as
`representatives of the Adult Exposure Subclass;
`ii. Elnora Carthan and David Munoz as representatives of
`the Property Damage Subclass; and
`iii. 635 South Saginaw LLC, Frances Gilcreast, and Neil
`Helmkay as representatives of the Business Economic
`Loss Subclass;
`F. The Court confirms the appointment of the following as Settlement
`Class Counsel to represent the Settlement Class and Subclasses:
`a. Co-Lead Class Counsel Theodore J. Leopold of Cohen
`Milstein Sellers & Toll PLLC and Michael L. Pitt of Pitt
`McGehee Palmer, Bonanni & Rivers, P.C., and the Executive
`Committee;
`G. The Court finds that the Settlement Class Notice that was given
`satisfied the requirements set forth in Fed. R. Civ. P. 23(c)(2)(B),
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`satisfies the requirements of due process and constituted the best
`notice practicable;
`H. The Defendants have fully complied with the notice requirements of
`the Class Action Fairness Act, 28 U.S.C. § 1715;
`I. As of the Effective Date, the Releasors are permanently barred,
`enjoined, and restrained from commencing, filing, initiating,
`asserting, and or maintaining any and all Released Claims against
`the Releasees. The Settlement Agreement shall be the exclusive
`remedy for any and all Released Claims against any Releasee. Valid
`opt-outs are not bound by the Settlement Agreement or this Final
`Judgment, except for Paragraph 19.7 of the Settlement Agreement;
`J. As of the Effective Date, the Fourth Consolidated Amended Class
`Complaint and all Related Lawsuits filed by Settlement Class
`Plaintiffs pending in the Federal Court are dismissed with prejudice
`as to the Releasees without further costs, including claims for
`interest, penalties, cost, and attorney fees, except for the motions for
`an award of attorneys’ fees and reasonable costs, as set forth in
`Article XI, which have been made and are to be determined by the
`Federal Court;
`K. Releasors with Related Lawsuits filed by Settlement Class Plaintiffs
`pending in any state or federal court, other than the Federal Court,
`shall promptly take appropriate actions to dismiss all such actions as
`to the Released Parties with prejudice to be effective upon the
`Effective Date, and without further costs, including claims for
`interest, penalties, cost, and attorney fees, thereby effectuating in
`part the Releases;
`L. As of the Effective Date, all Settlement Class Members and
`Releasors are permanently barred and enjoined from
`the
`commencement, assertion, and/or prosecution of any claim for
`contribution and/or indemnity arising out of or related to the
`Released Claims in the Federal Court, in any other federal court,
`state court, arbitration, regulatory agency, or other tribunal or forum
`against the Released Parties;
`M. With respect to the Class Settlement portion of the Settlement
`Agreement, the Court confirms the appointment of ARCHER
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`Systems, LLC as the Claims Administrator and QSF Administrator,
`Deborah Greenspan as the Special Master, ARCHER Systems, LLC
`and MASSIVE as the Lien Resolution Administrator, and Forge
`Consulting, LLC as the Settlement Planning Administrator;
`N. In addition to and consistent with Paragraph 23.5 of the Settlement
`Agreement and paragraph 22 of this Final Judgment, the Court
`expressly incorporates the terms of the Settlement Agreement, and
`the Federal Court retains continuing and exclusive jurisdiction over
`the Settlement Class Members, Defendants, and the Settlement
`Agreement solely to interpret, implement, administer, and enforce
`the Settlement Agreement in accordance with its terms and to enter
`orders in aid of the implementation of the Settlement Agreement;
`O. The FWC Qualified Settlement Fund has previously been
`established pursuant to Court order. The allocation of the FWC
`Qualified Settlement Fund into the Sub-Qualified Settlement Funds
`is approved and, by approving the distribution of the FWC Qualified
`Settlement Fund, the distribution of the net funds in the FWC
`Qualified Settlement Fund into the following Sub-Qualified
`Settlement Funds is approved as follows:
`Minor Child Sub-Qualified Settlement Fund–64.5% of the net
`funds in the FWC Qualified Settlement Fund;
`Minor Adolescent Sub-Qualified Settlement Fund–10% of
`the net funds in the FWC Sub-Qualified Settlement Fund;
`Minor Teen Sub-Qualified Settlement Fund–5% of the net
`funds in the FWC Qualified Settlement Fund;
`Future Minor Sub-Qualified Settlement Fund–$35,000,000 to
`be taken on a prorated basis from the total amount allocated
`to the Minor Child, Minor Adolescent, and Minor Teen
`Qualified Settlement Funds;
`Adults and Property Damage Sub-Qualified Settlement
`Fund–18% of the net funds in the FWC Qualified Settlement
`Fund (15% for Adult Claimants and 3% for Property Damage
`Claimants);
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`Business Economic Loss Sub-Qualified Settlement Fund–
`0.5% of the net funds in the FWC Qualified Settlement Fund;
`and
`Programmatic Relief Sub-Qualified Settlement Fund–2% of
`the net funds in the FWC Qualified Settlement Fund; and
`P. The Court finds that the Settlement Agreement and Settlement
`Program with respect to LIIs, who are Settlement Class Members,
`including the processes and procedures in Article XXI–applicable
`to LIIs, Article III–Registration for and Participation in Settlement
`Program, Article IV–Settlement Categories, and Article V–
`Monetary Awards, are fair, reasonable, and adequate, and that such
`processes and procedures are hereby confirmed, established and
`effective to implement the Settlement Agreement.
`Only those identified on the opt-out list attached to this Judgment as
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`7.
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`part of and as described in Exhibit 2 have opted-out of the Settlement Class. The
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`Related Lawsuits identified to date that are pending in federal courts other than this
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`Federal Court are listed in Exhibit 1, and are subject to this Judgment among any
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`other lawsuits that may later be identified. The Related Lawsuits identified to date
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`that are pending in state courts are listed in Exhibit 1, and are subject to this
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`Judgment among any other lawsuits that may later be identified. The Related
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`Lawsuits identified to date that are pending as notices of intent to file a claim under
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`the Michigan Court of Claims Act, Mich. Comp. Laws § 600.6431, are listed in
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`Exhibit 3, and are subject to this Judgment among any other such notices that may
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`later be identified.
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`8.
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`The Case Management Order at Exhibit 11 to the Settlement
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`Agreement, and attached as Exhibit 4 to this Final Judgment, if not already entered,
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`is entered effective immediately in this case and in each case listed on Exhibit 1 in
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`this Federal Court, and shall be separately and immediately entered on this Court’s
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`docket in each such respective case and any future filed case described in such Case
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`Management Order by this Court’s Clerk as an independent entry.
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`9.
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`Plaintiffs’ Counsel and Defendants’ Counsel shall promptly and jointly
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`file or cause to be filed, if they have not already done so, a motion seeking and
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`strongly advocating for the entry of the Case Management Orders at Exhibit 11 to
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`the Settlement Agreement in the Michigan Court of Claims, Genesee County Circuit
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`Court, and any federal (other than this Federal Court) and state courts in which
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`Related Lawsuits remain pending by Plaintiffs that have opted-out of the Settlement
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`Class (listed on Exhibit 2) or by Individual Plaintiffs that have not participated in the
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`Settlement Program, and shall take the same action in any future filed case described
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`in such Case Management Orders.
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`10. Plaintiffs’ Counsel and Defendants’ Counsel shall promptly and jointly
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`seek and obtain the dismissal of any Related Lawsuit pending in an appellate court,
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`subject to any proceedings or actions necessary to implement Article XXI–Minors
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`and LIIs. The Related Lawsuits identified to date that are pending in an appellate
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`court are listed in Exhibit 1, and are subject to this Judgment among any other
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`lawsuits that may later be identified.
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`11. Notwithstanding any other provision in this Final Judgment, all cases
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`identified on the attached Exhibit 1 in the Federal Court are as of the Effective Date
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`dismissed with prejudice against the Defendants unless a Plaintiff files by ______,
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`2022, in the Federal Court a non-frivolous motion showing cause as to why their
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`particular case should not be so dismissed. Article XVI of the Settlement
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`Agreement, entitled Releases and Covenants Not to Sue, shall apply to all such
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`dismissed cases on the attached Exhibit 1.
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`12.
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`In addition to the effect of this Final Judgment, upon the occurrence of
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`the Effective Date and in consideration of payment of the Settlement Amount
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`specified in Article II–Payments by Defendants and the other consideration in the
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`Settlement Agreement, the Releasees individually and jointly shall be completely
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`released, acquitted, and forever discharged from:
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`any and all claims, notices, demands, actions, suits, and causes of
`action, whether class, individual, or otherwise in nature, legal or
`equitable, known or unknown, suspected or unsuspected, asserted or
`unasserted, in law, equity, or administratively;
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`damages whenever incurred and liabilities of any nature whatsoever,
`including costs, expenses, penalties, expenses of medical or
`psychological monitoring, and attorneys’ fees, that Releasors, or any
`one of them, whether directly, representatively, derivatively, or in any
`other capacity, ever had, now have, or hereafter can, shall, or may have
`against the Releasees or any of them, relating in any way to;
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`exposure to, use of, or receipt of water from the Flint Water Treatment
`Plant, or legal liability for the payment of such water, for the period
`April 25, 2014 to the Effective Date; and/or
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`any alleged acts or omissions by Releasees or any of them and/or any
`joint and/or several liability of any of them arising from the alleged
`acts or omissions of any of the Releasees pled in the Fourth
`Consolidated Amended Class Complaint, the Amended Master
`Complaint, and any complaints in the Related Lawsuits from the
`beginning of time until the Effective Date or that could have been
`brought under any federal, state, local, administrative, or regulatory
`law or cause of action concerning exposure to, use of, or receipt of
`water from the Flint Water Treatment Plant, or legal liability for the
`payment of such water, during the period April 25, 2014 to the
`Effective Date, or any conduct in any related litigation or arising out
`of the litigation itself in Federal Court, the Court of Claims, or Genesee
`County Circuit Court.
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`13.
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`In addition to the effect of this Final Judgment, upon the occurrence of
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`the Effective Date and in consideration of payment of the Settlement Amount
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`specified in Article II–Payments by Defendants and the other consideration in the
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`Settlement Agreement, Plaintiffs, Individual Plaintiffs, the Class and Subclass
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`Representatives, each Settlement Class Member, and the Settlement Class, on behalf
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`of the Releasors, and each of them, effective from and after the Execution Date, shall
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`not, at any time, continue to prosecute, commence, file, initiate, institute, cause to
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`be instituted, assist in instituting, or permit to be instituted on their, his, her, or its
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`behalf, or on behalf of any other individual or entity, any proceeding: (a) alleging
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`or asserting any of his, her, or its respective Released Claims against the Released
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`Parties in any federal court, state court, arbitration, regulatory agency, or other
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`tribunal or forum or (b) challenging the validity of the Releases. To the extent any
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`such proceeding exists in any court, tribunal, or other forum as of the Execution
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`Date, the Releasors shall withdraw, and seek a dismissal with prejudice of, such
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`proceeding forthwith.
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`14.
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`In connection with the above releases and prohibitions from pursuing
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`any proceedings, Plaintiffs and Releasors have acknowledged that they are aware
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`that they may hereafter discover claims now unknown or unsuspected, or facts in
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`addition to or different from those which they knew, now know or believe to be true,
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`with respect to actions or matters released. Plaintiffs and Releasors explicitly took
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`unknown or unsuspected claims into account in entering into the Settlement
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`Agreement and the Parties have fully, finally, and forever settled and released all
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`Released Claims with respect to all such matters.
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`15.
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` Plaintiffs and Releasors have also waived California Civil Code
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`Section 1542 and similar provisions in other states. Plaintiffs and Releasors certified
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`that they were aware of and have read and reviewed the following provisions of
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`California Civil Code Section 1542 (“Section 1542”):
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`A general release does not extend to claims which the creditor does not
`know or suspect to exist in his favor at the time of executing the release,
`which if known by him must have materially affected his settlement
`with the debtor.
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`16. The releases described above and that are in the Settlement Agreement
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`shall apply according to their terms, regardless of provisions of Section 1542 or any
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`equivalent, similar, or comparable present or future law or principle of law of any
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`jurisdiction. Plaintiffs and Releasors have expressly waived and relinquished any
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`and all rights and benefits existing under (i) Section 1542 or any equivalent, similar,
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`or comparable present or future law or principle of law of any jurisdiction and (ii)
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`any law or principle of law of any jurisdiction that would limit or restrict the effect
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`or scope of the provisions of the release set forth above and in the Settlement
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`Agreement.
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`17.
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` In addition, Defendants have: fully, completely, and forever released
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`each other from; and shall not, at any time, continue to prosecute, commence, file,
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`initiate, institute, cause to be instituted, assist in instituting, or permit to be instituted
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`on their, his, her, or its behalf, or on behalf of any other individual or entity, against
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`any other Defendant; any proceeding related to or arising out of:
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`any and all claims, notices, demands, actions, suits, and causes of
`action, damages whenever incurred, liabilities of any nature
`whatsoever, including costs, expenses, penalties, and attorneys’ fees,
`legal or equitable, known or unknown, suspected or unsuspected,
`asserted or unasserted, in law or equity, that Defendants, or any one
`of them, whether directly, representatively, derivatively, or in any
`other capacity, ever had, now have, or hereafter can, shall, or may
`have against another Defendant, and which also relate or arise out of
`in any way to any of the following:
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`i.
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`ii.
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`the switch to the Flint River as the source of the
`water supply to the Flint Water Treatment Plant in
`2014 and 2015, and the switch back to the Detroit
`water system in 2015 and thereafter;
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`any alleged acts or omissions by Defendants, or any
`joint and several liability, contribution, indemnity,
`or other liability arising from the alleged acts or
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`omissions of any of the Defendants, pled in the
`Fourth Consolidated Amended Class Complaint,
`the Amended Master Complaint, and any
`complaints in the Related Lawsuits, from the
`beginning of time until the Effective Date, that have
`or could have been brought under any federal, state,
`local, administrative, or regulatory law or cause of
`action relating or arising out of in any way to the
`switch to the Flint River as the source of the water
`supply to the Flint Water Treatment Plant in 2014
`and 2015, and the switch back to the Detroit water
`system in 2015 and thereafter; or
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`any conduct in any litigation mentioned in the
`preceding paragraph, or any related litigation
`thereto, or arising out of any such litigations
`themselves, in Federal Court, the Court of Claims,
`Genesee County Circuit Court, or their respective
`appellate courts.
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`iii.
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`18. Nothing in this Judgment or in the Settlement Agreement should be
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`construed as releasing or preventing any regulatory, administrative or enforcement
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`actions, notices, orders or suits, or any criminal claims, notices, demands, actions,
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`or suits, brought at any time by the State Defendants or their departments. Nor
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`should this Judgment or the Settlement Agreement be construed as releasing or
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`preventing any claim, demand or suit against Veolia Water North America Operating
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`Services, LLC, Veolia North America, LLC, Veolia North America, Inc., Veolia
`
`Environnement, S.A., Lockwood Andrews & Newnam, P.C., Lockwood, Andrews
`
`
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`& Newnam, Inc., Leo A. Daly Company, United States of America, and United
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`States Environmental Protection Agency, or any of their affiliates.
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`19. All Future Minor Claimants are subject to Article VI of the Settlement
`
`Agreement.
`
`20. As stated earlier, unless otherwise specified in this Judgment, all
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`capitalized terms in this Judgment have the same meaning and apply in this
`
`Judgment as they are defined in the Settlement Agreement, and are incorporated
`
`here. For convenience and ease of reference in this Judgment, some of those
`
`definitions, or the relevant portions thereof, are repeated here:
`
`“Adult Exposure Subclass” means all persons who were Adults during the
`Exposure Period and who ingested or came into contact with water
`received from the Flint Water Treatment Plant at any time during the
`Exposure Period and who are claiming or could claim a resulting personal
`injury. All Adults listed on Exhibit 1 to the Settlement Agreement are
`excluded from this Subclass.
`
`“Business Economic Loss Subclass” means all individuals or entities who
`owned or operated a business, including income earning real property and
`any other businesses, that received water from the Flint Water Treatment
`Plant at any time during the Exposure Period and who are claiming or
`could claim a resulting business economic loss. Excluded from the
`Business Economic Loss Subclass are all local, state, or federal
`government offices or entities and any individual or entity listed on Exhibit
`1 to the Settlement Agreement.
`
`“Property Damage Subclass” means all Adults or entities who owned or
`were the lessee of residential real property that received water from the
`Flint Water Treatment Plant, or were legally liable for the payment for such
`water, at any time during the Exposure Period. Excluded from the Property
`Damage Subclass are all local, state, or federal government entities which
`
`
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`own real property and any individual or entity listed on Exhibit 1 to the
`Settlement Agreement.
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`“Defendants” means the entities and persons participating in this
`settlement that are or were defendants in any federal or state court, both
`trial and appellate, in which claims have been made or notices of intention
`to file a claim under the Michigan Court of Claims Act, Mich. Comp. Laws
`§ 600.6431, asserting personal injury, property damage or economic loss
`as a result of exposure to water received from the Flint Water Treatment
`Plant, or any bills paid for such water, at any time during the Exposure
`Period, including:
` State of Michigan; Michigan Department of
`Environmental Quality (now the Michigan Department of Environment,
`Great Lakes, and Energy); Michigan Department of Health and Human
`Services; Michigan Department of Treasury; former Governor Richard D.
`Snyder; Governor Gretchen Whitmer; the City of Flint; the Flint
`Receivership Transition Advisory Board; Darnell Earley; Howard Croft;
`Michael Glasgow; Gerald Ambrose; Edward Kurtz; Michael Brown;
`Dayne Walling; Daugherty Johnson; Liane Shekter Smith; Daniel Wyant;
`Stephen Busch; Kevin Clinton; Patrick Cook; Linda Dykema; Michael
`Prysby; Bradley Wurfel; Eden Wells; Nick Lyon; Dennis Muchmore;
`Nancy Peeler; Robert Scott; Adam Rosenthal; Andy Dillon; McLaren
`Regional Medical Center, McLaren Flint Hospital, McLaren Health Care
`Corporation, and Rowe Professional Services Company.
`
`“Exposure Period” means April 25, 2014 to the Execution Date.
`
`“Plaintiffs” means plaintiffs in any federal or state lawsuit or whom have
`filed notices of intent to sue or notices of intention to file a claim under the
`Michigan Court of Claims Act, Mich. Comp. Laws § 600.6431, asserting
`Defendants are liable for personal injury, property damage or economic
`loss incurred as a result of exposure to water received or purchased from
`the Flint Water Treatment Plant, or any bills for such water, at any ti