Braziel et al v. Whitmer et al
| Doretha Braziel, Ronesha Braziel, Deana Braziel, DaKarri Reamer, Keesha Jones, Kendesha Jones, DaKeaesh Jones, Tiesha Carthan, Tristan Carthan, Kendrall Bates, Ieasha Jones, Michael D. Brigham, Rebecca Branscumb, Stacey Branscumb, Stacey Branscumb, Jr., Emma Kinnard and Daretha Braziel |
| Governor Gretchen Whitmer, State of Michigan - Environment, Great Lakes & Energy, Director Liesi Clark, Drinking Water Unit Director Eric Oswald, Michigan Department of Health and Human Services, Director Robert Gordon, Director Elizabeth Hertel, Mayor Marcus Muhammad, Michael O'Malley, City Manager Darwin Watson, City Manager Ellis Mitchell, City of Benton Harbor, Benton Harbor Water Department, Einhorn Engineering Company, F&V Operations and Resource Management, Inc, Gretchen Whitmer, Michigan Department of Environment, Great Lakes, and Energy, The, Liesi Clark, Eric Oswald, Robert Gordon, Elizabeth Hertel, Marcus Muhammad, Darwin Watson, Ellis Mitchell, Benton Harbor, City of, Michigan, State of, Liesl Clark, Elhorn Engineering Company and F&V Operations and Resource Management, Inc. |
| 1:2021cv00960 |
| November 10, 2021 |
| US District Court for the Western District of Michigan |
| Phillip J Green |
| Hala Y Jarbou |
| Janet T Neff |
| Environmental Matters |
| 42 U.S.C. § 1983 Other Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
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Filing 61
RESPONSE TO REQUEST for pre-motion conference by defendant Benton Harbor, City of , Marcus Mohammed, Michael O'Malley, Darwin Watson, Ellis Mitchell #57 ; filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones (Hannon, Kevin)
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Filing 60
NOTICE of Withdrawal of Attorney by defendant Elhorn Engineering Company (Pattwell, Michael)
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Filing 59
ORDER granting motion for extension of time #58 ; Defendants City of Benton Harbor, Marcus Mohammed, Michael O'Malley, Darwin Watson, and Ellis Mitchell shall file their responsive pleading to Plaintiffs' Amended Complaint fourteen (14) days after the pre-motion conference, at which a further extension, if any, will be addressed by the Court, or until further order of the Court ; signed by Judge Janet T. Neff (jra)
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Filing 58
MOTION for extension of time to file answer re #7 [and defendants Marcus Mohammed, Michael O'Malley, Darwin Watson, Ellis Mitchell] by defendant Benton Harbor, City of; (Rheaume, Thomas)
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Filing 57
REQUEST for pre-motion conference by defendant Benton Harbor, City of , Marcus Mohammed, Michael O'Malley, Darwin Watson, Ellis Mitchell (Rheaume, Thomas)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Jessica Meeder on behalf of plaintiffs Rebecca Branscumb, Stacey Branscumb, Stacey Branscumb, Jr., Daretha Braziel, Michael D. Brigham, Ieasha Jones, Keesha Jones, Emma Kinnard (Meeder, Jessica)
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Filing 56
ORDER scheduling a pre-motion conference regarding document numbers #38 , #47 and #50 ; pre-motion conference is set for 5/5/2022 at 11:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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Filing 55
RESPONSE TO REQUEST for pre-motion conference by defendants Michigan, State of, Michigan Department of Health and Human Services, Gretchen Whitmer, Robert Gordon, Michigan Department of Environment, Great Lakes, and Energy, The, Elizabeth Hertel, Eric Oswald, Li #50 ; filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones (Hannon, Kevin)
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Filing 54
RESPONSE TO FIRST REQUEST for pre-motion conference by defendant Elhorn Engineering Company #47 ; filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones (Hannon, Kevin)
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Filing 53
ORDER granting #51 ; State Defendants' motion for extension of time to file its responsive pleadings to Plaintiff's Complaint is extended until fourteen (14) days after the pre-motion conference, at which time a further extension, if any, will be addressed by the Court, or until further order of the Court ; signed by Judge Janet T. Neff (jra)
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Filing 52
BRIEF in support of UNOPPOSED MOTION for extension of time to File Responsive Pleading #51 filed by Liesl Clark, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Michigan, State of, Eric Oswald, Gretchen Whitmer (Cavanagh, Charles)
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Filing 51
UNOPPOSED MOTION for extension of time to File Responsive Pleading by defendants Liesl Clark, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Michigan, State of, Eric Oswald, Gretchen Whitmer; (Cavanagh, Charles)
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Filing 50
REQUEST for pre-motion conference by defendants Michigan, State of, Michigan Department of Health and Human Services, Gretchen Whitmer, Robert Gordon, Michigan Department of Environment, Great Lakes, and Energy, The, Elizabeth Hertel, Eric Oswald, Liesl Clark by defendants Michigan, State of, Michigan Department of Health and Human Services, Gretchen Whitmer, Robert Gordon, Michigan Department of Environment, Great Lakes, and Energy, The, Elizabeth Hertel, Eric Oswald, Liesl Clark; (Cavanagh, Charles)
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Filing 49
ORDER granting #48 ; Defendant Elhorn Engineering Company's motion for extension of time to file its responsive pleadings to Plaintiff's Complaint is extended until fourteen (14) days after the pre-motion conference, at which time a further extension, if any, will be addressed by the Court, or until further order of the Court ; signed by Judge Janet T. Neff (jra)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Erica Jaye Shell on behalf of defendants Benton Harbor Water Department, Benton Harbor, City of, Ellis Mitchell, Marcus Muhammad, Michael O'Malley, Darwin Watson (Shell, Erica)
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Filing 48
MOTION for extension of time to file answer re #7 by defendant Elhorn Engineering Company; (Attachments: #1 Attachment - Brief in Support) (Day, Meigs)
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Filing 47
FIRST REQUEST for pre-motion conference by defendant Elhorn Engineering Company (Day, Meigs)
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Filing 46
ORDER scheduling a pre-motion conference regarding document number #38 ; Pre-motion Conference is set for 5/5/2022 at 11:00 AM at 401 Federal Building, Grand Rapids, MI before Judge Janet T. Neff;signed by Judge Janet T. Neff (jra)
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Filing 45
RESPONSE TO REQUEST for pre-motion conference by defendant F&V Operations and Resource Management, Inc. #38 (Amended) ; filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones (Hannon, Kevin)
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Filing 44
RESPONSE TO REQUEST for pre-motion conference by defendant F&V Operations and Resource Management, Inc. #38 ; filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones filed by Ieasha Jones, Daretha Braziel, Rebecca Branscumb, Emma Kinnard, Michael D. Brigham, Stacey Branscumb, Stacey Branscumb, Jr., Keesha Jones (Hannon, Kevin)
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MOTION to substitute attorney (as taken from #43 ) (ns)
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Filing 43
ATTORNEY SUBSTITUTION adding attorney Meigs M. Day in the place of Matthew Smith, Michael Pattwell, Kelly Kane (Day, Meigs)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Meigs M. Day on behalf of defendant Elhorn Engineering Company (Day, Meigs)
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Filing 42
ORDER granting #39 motion for extension of time to answer; signed by Judge Janet T. Neff (jra)
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Filing 41
CERTIFICATE OF SERVICE by defendant F&V Operations and Resource Management, Inc. re REQUEST for pre-motion conference by defendant F&V Operations and Resource Management, Inc. #38 (Thomas, Michelle)
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Filing 40
BRIEF in support of MOTION for extension of time to file answer re #7 #39 filed by F&V Operations and Resource Management, Inc. (Thomas, Michelle)
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Filing 39
MOTION for extension of time to file answer re #7 by defendant F&V Operations and Resource Management, Inc. ; (Thomas, Michelle)
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Filing 38
REQUEST for pre-motion conference by defendant F&V Operations and Resource Management, Inc. (Thomas, Michelle)
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Filing 37
ORDER regarding STIPULATION #34 ; Defendant Elhorn Engineering Company shall have until April 25, 2022 to file a response to Plaintiffs' complaint; signed by Judge Janet T. Neff (jra)
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Filing 36
ORDER regarding STIPULATION #33 ; Defendants Marcus Muhammand, Michael O'Malley, Darwin Watson, Ellis Mitchell, City of Benton Harbor and Benton Harbor Water Department shall have until April 25, 2022 to file a response to Plaintiffs' complaint; signed by Judge Janet T. Neff (jra)
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Filing 35
ORDER striking #30 motion to dismiss; signed by Judge Janet T. Neff (jra)
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Filing 34
PROPOSED STIPULATION and ORDER Extending Time to Respond to Plaintiff's Complaint by defendant Elhorn Engineering Company (Kane, Kelly)
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Filing 33
PROPOSED STIPULATION and ORDER for Extension of Time to Respond to Complaint by defendants Benton Harbor Water Department, Benton Harbor, City of, Ellis Mitchell, Marcus Muhammad, Michael O'Malley, Darwin Watson (Rheaume, Thomas)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Kelly Elizabeth Kane on behalf of defendant Elhorn Engineering Company (Kane, Kelly)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Matthew Tolbert Smith on behalf of defendant Elhorn Engineering Company (Smith, Matthew)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Michael J. Pattwell on behalf of defendant Elhorn Engineering Company (Pattwell, Michael)
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Filing 32
CERTIFICATE of compliance re word count for Brief in Support of a Motion #31 filed by F&V Operations and Resource Management, Inc. (Thomas, Michelle)
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Filing 31
BRIEF in support of MOTION to dismiss for failure to state a claim #30 filed by F&V Operations and Resource Management, Inc. (Attachments: #1 Exhibit 1) (Thomas, Michelle)
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Filing 30
(STRICKEN) MOTION to dismiss for failure to state a claim by defendant F&V Operations and Resource Management, Inc. ; (Thomas, Michelle) Modified text on 2/23/2022 per Order #35 (ns).
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Alexandra Chloe Markel on behalf of defendants Benton Harbor Water Department, Benton Harbor, City of, Ellis Mitchell, Marcus Muhammad, Michael O'Malley, Darwin Watson (Markel, Alexandra)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Michelle A. Thomas on behalf of defendant F&V Operations and Resource Management, Inc. (Thomas, Michelle)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Thomas J. Rheaume, Jr on behalf of defendants Benton Harbor Water Department, Benton Harbor, City of, Ellis Mitchell, Marcus Muhammad, Michael O'Malley, Darwin Watson (Rheaume, Thomas)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Gregory I. Thomas on behalf of defendant F&V Operations and Resource Management, Inc. (Thomas, Gregory)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Nathan David Dupes on behalf of defendants Benton Harbor Water Department, Benton Harbor, City of, Ellis Mitchell, Marcus Muhammad, Michael O'Malley, Darwin Watson (Dupes, Nathan)
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Filing 29
ORDER GRANTING Stipulation to Extend Time for State Defendants to File a Response to First Amended Complaint #28 ; signed by Judge Janet T. Neff (jra)
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Filing 28
PROPOSED STIPULATION and ORDER TO EXTEND TIME FOR STATE DEFENDANTS TO FILE A RESPONSE TO FIRST AMENDED COMPLAINT by defendants Liesl Clark, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Michigan, State of, Eric Oswald, Gretchen Whitmer (Bettenhausen, Margaret)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Margaret Bettenhausen on behalf of defendants Liesl Clark, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Michigan, State of, Eric Oswald, Gretchen Whitmer (Bettenhausen, Margaret)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Nathan A. Gambill on behalf of defendants Liesl Clark, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Michigan, State of, Eric Oswald, Gretchen Whitmer (Gambill, Nathan)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Charles Albert Cavanagh on behalf of defendants Liesl Clark, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Michigan, State of, Eric Oswald, Gretchen Whitmer (Cavanagh, Charles)
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Filing 27
SUMMONS returned executed; Elhorn Engineering Company served on 2/7/2022, answer due 2/28/2022 (Jennings, Alice)
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Filing 26
AMENDED ORDER granting #16 motion for extension of time; the Summons for Defendant Elhorn Engineering Company is extended twenty-eight (28) days, from February 8, 2022 to March 8, 2022; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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Filing 25
ORDER granting #16 motion for extension of time; Summons for Elhorn Engineering Company extended until March 8, 2022; signed by Judge Janet T. Neff (Judge Janet T. Neff, clb)
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Filing 24
SUMMONS returned executed; Robert Gordon served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 23
SUMMONS returned executed; Marcus Muhammad served on 2/2/2022, answer due 2/23/2022 (Jennings, Alice)
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Filing 22
SUMMONS returned executed; Benton Harbor Water Department served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 21
SUMMONS returned executed; Darwin Watson served on 2/2/2022, answer due 2/23/2022 (Jennings, Alice)
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Filing 20
SUMMONS returned executed; Ellis Mitchell served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 19
SUMMONS returned executed; Benton Harbor, City of served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 18
SUMMONS returned executed; Michael O'Malley served on 2/2/2022, answer due 2/23/2022 (Jennings, Alice)
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Filing 17
SUMMONS returned executed; F&V Operations and Resource Management, Inc. served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 16
MOTION to Extend Summons - Defendant Elhorn Engineering Company by plaintiff Daretha Braziel; (Jennings, Alice) Modified text on 2/3/2022 (ns).
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Filing 15
SUMMONS returned executed; Gretchen Whitmer served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Kevin Hannon on behalf of plaintiffs Rebecca Branscumb, Stacey Branscumb, Daretha Braziel, Michael D. Brigham, Ieasha Jones, Keesha Jones, Emma Kinnard (Hannon, Kevin)
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Filing 14
SUMMONS returned executed; Liesl Clark served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 13
SUMMONS returned executed; Michigan Department of Environment, Great Lakes, and Energy, The served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 12
SUMMONS returned executed; Elizabeth Hertel served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 11
SUMMONS returned executed; Michigan Department of Health and Human Services served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 10
SUMMONS returned executed; Eric Oswald served on 2/1/2022, answer due 2/22/2022 (Jennings, Alice)
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Filing 9
SUMMONS ISSUED as to defendants Liesl Clark, Elhorn Engineering Company (ns)
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Filing 8
PROPOSED SUMMONS to be issued re #1 (Jennings, Alice)
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Filing 7
AMENDED COMPLAINT for Declaratory Relief - Reliance Upon Jury Demand against All Plaintiffs filed by Doretha Braziel (Jennings, Alice) Modified text on 1/31/2022 (ns).
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Filing 6
NOTICE OF IMPENDING DISMISSAL: Plaintiffs to timely complete service of process or file a verified petition RE: Service of Process by 2/8/2022, or the case as to the unserved defendant(s) will be dismissed without prejudice; signed by Judge Janet T. Neff (rmw)
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(NON-DOCUMENT) ATTORNEY APPEARANCE of Carl R. Edwards on behalf of plaintiffs Rebecca Branscumb, Stacey Branscumb, Stacey Branscumb, Jr., Doretha Braziel, Michael D. Brigham, Ieasha Jones, Keesha Jones, Emma Kinnard (Edwards, Carl)
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Filing 5
NOTICE of Appearance of Carl R Edwards by plaintiff Doretha Braziel (Jennings, Alice)
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Filing 4
SUMMONS ISSUED as to defendants Benton Harbor Water Department, Benton Harbor, City of, Liesi Clark, Einhorn Engineering Company, F&V Operations and Resource Management, Inc, Robert Gordon, Elizabeth Hertel, Michigan Department of Environment, Great Lakes, and Energy, The, Michigan Department of Health and Human Services, Ellis Mitchell, Marcus Muhammad, Michael O'Malley, Eric Oswald, Darwin Watson, Gretchen Whitmer (mlc)
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Filing 3
NOTICE that this case has been assigned Janet T. Neff ; with NOTICE OF DEFICIENCY re filing fee (mlc)
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FILING FEE PAID re #1 by plaintiff Doretha Braziel in the amount of $402, receipt number AMIWDC-6594196 (Jennings, Alice)
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Filing 2
PROPOSED SUMMONS to be issued re #1 (Jennings, Alice)
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Filing 1
COMPLAINT with jury demand "class action complaint for declaratory relief, injunctive relief, equitable relief and damages" against All Defendants filed by Doretha Braziel (Jennings, Alice) Modified text on 11/12/2021 (mlc).
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