Opinion
361746
11-16-2022
Stormey Jackson v. Liberty Mutual Insurance Company
LC No. 2020-184969-NF.
Elizabeth L. Gleicher, Presiding Judge, Mark J. Cavanagh, Colleen A. O'Brien, Judges.
ORDER
In lieu of granting the application for delayed appeal, the Court orders, pursuant to MCR 7.205(E)(2), that the April 21, 2022 order of the Oakland Circuit Court denying reconsideration hereby is VACATED. The materials before this Court reflect that the circuit court was not advised of the relevant facts regarding plaintiffs independent medical examinations. On remand, the circuit court is directed to permit the filing of an amended motion for reconsideration by plaintiffs counsel, and defendant is directed to file a response to the motion. The circuit court is to reconsider the motion to dismiss in light of the new pleadings and must carefully consider the factors involved and all options in deciding a just and proper sanction in the context of this case. See Swain v Morse, 332 Mich.App. 510, 524; 957 N.W.2d 396 (2020). The case is REMANDED for further proceedings consistent with this order.
The Court retains no further jurisdiction.