JUDGE: Archie L.

Hayman
P37516
CASE NUMBER: 14- 103476-CZ

LARRY SHEARS AND MARGARET

FRALICK, in their individual capacities,
and as class representatives of all other
similarly situated plaintiff class members.

DOUGLAS BINGAMAN, individually and in

His official capacity as Treasurer of the City of
Flint, DARNELL EARLEY, individually and
In his official capacity as Emergency Manager
Of the City of Flint, And, THE CITY OF
FLINT, MICIDGAN, a municipal corporation.

Valdemar L. Washington (P27165)

Attorney for Plaintiffs
718 Beach Street
P.O. Box 187
Flint, MI 48501-0187
810.407.6868

Peter M. Bade (P47546)

Anthony Chubb (P72608)
Attorneys for Defendant
1101 S. Saginaw S103rd Floor
Flint, MI 48502
810.766.7146

At a Session of Said Court

Held in the Courthouse
On the 31 5t Day of August, 2015

IT IS THEREFORE ORDERED AND ADJUDGED that pursuant to the

requirements ofMCR 3.501, Plaintiffs' Motion for Class Certification be and the same is
hereby GRANTED for the reasons stated on the Record in Open Court, which included
the following:
1.

The class of City of Flint water and sewer customers, who were customers
on September 16, 2011 is so numerous that joinder of all members is
impracticable;

2.

There are questions oflaw or fact common to the members of the class
that predominate over questions affecting only individual members;

3.

The claims of the representative parties are typical of the claims of the
class as they were all subj ected to:
a.

The charging and collecting of the water Readiness-toServe Charge, also known as the water service charge by
Defendants without Defendants conforming to the requirements
of Flint City Ordinance 46 - 52; and,

b.

The illegal 35% water and sewer rate increases implemented by

Defendants on September 16, 201l.

4.

The representative parties, Larry Shears and Margaret Fralick will fairly
and adequately assert and protect the interests of the class; and

5.

The maintenance of this action as a class action will be superior to other

available methods of adjudication in promoting the convenient
administration of justice as:

with respect to individual members of the class that would

as a practical matter be dispositive of the interests of other
members not parties to the adjudications or substantially impair or
impede their ability to protect their interests;

c.

This action will be more manageable as a class action then as

separate individual causes of action;

d.

The complexity of the issues and the expense of litigation of

separate claims are insufficient in amount to support separate
actions;

.e.

It is probable that the amount, which may be recovered by

individual class members, will be large enough in relation to the
expense and effort of administering the action to justify a class

f.

The members of the class have a significant interest in controlling

their claims in this one action instead of separate actions.

IT IS FURTHER ORDERED AND ADmDGED

that the Court is postponing any

decision on subclass certification, until the Pre-Trial Conference of November 13,2015

at 12:00 pm, to permit Discovery of the same herein.
IT IS FURTHER ORDERED AND ADmDGED

that pursuant to Plaintiffs' oral

request this date, the Court is postponing any decision regarding notice until the Pre-Trial
Conference of November 13,2015 at 12:00 pm, to permit Discovery of the same, i.e. who

ARCHIE L. HAYMAN
P-31516
ARCHIE L. HAYMAN, P37516
CIRCUIT COURT mDGE
DATED: August 31, 2015

The above Order is approved as to Form

~

'

Anthony Chubb P72608

Attorney for Defendants
Date: August 31,2015

Valdemar L. Washington P27165

Attorney for Plaintiffs
718 Beach Street/P.O. Box 187
Flint, MI 48501-0187
810.407.6868