Opinion
Nos. 127440, 127441.
July 7, 2006.
Order Granting Oral Argument in Case Pending on Application for Leave to Appeal
Pursuant to MCR 7.302(G)(1), in lieu of granting leave to appeal, we direct the clerk to schedule oral argument for 9:30 a.m. on September 7, 2006, on whether to grant the applications or take other peremptory action. The parties shall submit supplemental briefs no later than August 7, 2006, addressing whether plaintiffs were required, in order to proceed on their claim that defendant Karen VanLandingham was acting within the scope of her employment when she failed to notify the authorities of the sexual abuse committed by her husband, to either (1) produce documentary evidence that the Salvation Army had a policy discouraging employees from notifying the police about allegations of sexual abuse, see MCR 2.116(G)(4), or (2) file an affidavit showing that the facts necessary to support their claim could not be presented because they were only known to persons whose affidavits plaintiffs could not procure, see MCR 2.116(H). Court of Appeals Nos. 255488, 258006.