View Comments An attorney who has repeatedly criticized a federal judge for her handling of the Flint drinking water civil cases got some payback Tuesday when he was caught sleeping during an online court hearing. U.S. District Judge Judith Levy called out Mark Cuker of Philadelphia after he dozed off during a fairness hearing on the proposed $641.25 million partial settlement of the case. Cuker has clashed repeatedly with Levy over off-the-record conferences she has held with other attorneys in the case. Cuker was among three attorneys who went to the U.S. 6th Circuit Court of Appeals, asking it to order Levy to stop conducting such conferences. The appeals court declined to intervene.