Opinion
359233
03-29-2022
411 Help LLC v. Progressive Marathon Insurance Company
LC No. 21-010638-AV
Kirsten Frank Kelly Presiding Judge, Michael J. Riordan, Thomas C. Cameron Judges
ORDER
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave appeal, we VACATE the circuit court's October 21, 2021 order, and REMAND this case to the 31st District Court for further proceedings. The district court's June 25, 2021 order denied defendant's motion for reconsideration of an earlier order denying defendant's motion for summary disposition, but then compelled plaintiff to produce certain discovery in paragraph B.) of the order. When plaintiff filed its own motion for reconsideration and requested a protective order before disclosing that information, the district court denied plaintiffs motion without explanation regarding why a protective order was not warranted. We VACATE paragraph B.) of the 31st District Court's June 25, 2021 order. On remand, the district court shall reconsider defendant's request to compel discovery and plaintiffs request for a protective order. The district court shall explain its decision in order to facilitate further appellate review, should that become necessary. See Alberto v Toyota Motor Corp, 289 Mich.App. 328, 340; 796 N.W.2d 490 (2010) (a trial court's decision regarding a request for a protective order is reviewed for an abuse of discretion; Cabrera v Ekema, 265 Mich.App. 402, 406; 695 N.W.2d 78 (2005) (a trial court's decisions regarding discovery are reviewed for an abuse of discretion).
This order is to have immediate effect. MCR 7.215(F)(2). We do not retain jurisdiction.