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. During the hearing, conducted over Zoom, Levy said she noticed Cuker was asleep while Flint residents were speaking out against the proposed settlement at the Genesee County Circuit Court in Flint. He was slumped in his chair with his eyes closed. \"He has decided to take a nap during the remarks,\" Levy said. More:Flint residents: Proposed lead poisoning settlement too small, racist More:Pediatrician blasts use of bone scanners as \'fairness hearing\' begins on Flint settlement The judge said she wanted to tell Cuker to turn his camera off, but \"he can\'t hear me.\" Cuker awoke a few minutes later and apologized to the court and to the participants, saying he had taken an early flight. \"I meant no disrespect,\" he said. Cuker was caught sleeping while former Flint Mayor Karen Weaver was speaking out against the proposed settlement. Cuker has been a guest on Weaver\'s radio program, where he has attacked aspects of the proposed settlement and been praised by Weaver as someone fighting for Flint residents.