LUCERO v. DETROIT PUBLIC SCHOOLS

No. 01-CV-72792-DT.

160 F.Supp.2d 767 (2001)

Guadalupe LUCERO, as Next Friend of Adan Lucero; Susan Ensley, as Next Friend of Jacob Ensley; Cassandra Sanches, as Next Friend of Veronica Sanches; Maria Nunez, as Next Friend of Rossie Nunez; Maria Garcia, as Next Friend of Candido Garcia; Susana Montano, as Next Friend of Daniela Montano, Susana, Montano, and Agustin Antonio Montano; Vera Carrillo, as Next Friend of Alexander Carrillo and Nickalus Gachowski; Debbie Lewis, as Next Friend of Amanda Lewis, Florence Lewis, Lisa Lewis, and Matthew Lewis; Lori Micallef, as Next Friend of Michael Micallef and Jessica Micallef; Maria Barajas, as Next Friend of Gabriela Barajas; and Marl Holt, as Next Friend Heather Tuck, On Behalf of Themselves and All Others Similarly Situated, Plaintiffs, v. DETROIT PUBLIC SCHOOLS, a Municipal Corporation, Board of Education of the City of Detroit, a Municipal Corporation, and Dr. Kenneth Burnley, Individually and in his Official Capacity, Jointly and Severally, Defendants.

United States District Court, E.D. Michigan, Southern Division.

August 30, 2001.


Attorney(s) appearing for the Case

Thomas W. Stephens, Goodman, Lister, Detroit, MI, Patricia Mendoza, Ruperto R. Alba, Chicago, IL, Julie H. Hurwitz, Alma L. Lowry, Detroit, MI, for Plaintiffs.

Jerome R. Watson, Clara G. Dequick, Miller, Canfield, Detroit, MI, Steven E. Chester, Michigan Department of Attorney General Environmental Protection Division, Lansing, MI, Lamont D. Satchel, Detroit, MI, for Defendants.


MEMORANDUM OPINION AND ORDER

HOOD, District Judge.

I. FACTS

Plaintiffs filed the cause of action in the Eastern District of Michigan on July 26, 2001. Plaintiffs allege Defendants Detroit Public Schools ("DPS"), Detroit Board of Education and Dr. Kenneth Burnley chose to build the new Beard Elementary School on a site that is contaminated. (See Complaint ¶ 25). The Defendants announced in September of 2000, that...

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