Opinion
SC 161690 SC 161691COA 347061 COA 347798
09-29-2021
KENNETH McKENZIE, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, STATE OF MICHIGAN, and MACOMB CORRECTIONAL FACILITY WARDEN, Defendants-Appellants, and RANDALL HAAS, Defendant. FATIMA OLDEN, Plaintiff-Appellee, v. DEPARTMENT OF CORRECTIONS, STATE OF MICHIGAN, and MACOMB CORRECTIONAL FACILITY WARDEN, Defendants-Appellants.
Wayne CC: 18-002451-CD, 18-001424-CD
Bridget M. McCormack, Chief Justice Brian K. Zahra David F. Viviano Richard H. Bernstein Elizabeth T. Clement Megan K. Cavanagh Elizabeth M. Welch, Justices
ORDER
By order of April 27, 2021, the parties were directed to file supplemental briefs. On order of the Court, the supplemental briefs having been received, the application for leave to appeal the May 7, 2020 judgment of the Court of Appeals is again considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellants shall file a supplemental brief addressing: (1) whether MCL 600.6440 divests the Court of Claims of jurisdiction over both of the appellees' causes of action arising under federal statute; and (2) if so, whether the circuit court shares concurrent jurisdiction with the federal courts over those causes of action. The appellants' brief shall be filed by December 20, 2021, with no extensions except upon a showing of good cause. In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellants' brief. A reply, if any, must be filed by the appellants within 14 days of being served with the appellees' brief. The parties should not submit mere restatements of their application papers.
The total time allowed for oral argument shall be 40 minutes: 20 minutes for the appellants, and 20 minutes for the appellees, to be divided at their discretion. MCR 7.314(B)(2).