Opinion
SC: 162706 COA: 350321
12-22-2021
Susan CHRISTIE, Plaintiff-Appellee, v. WAYNE STATE UNIVERSITY, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the January 28, 2021 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief addressing: (1) whether the appellee's claims against the appellant, which were filed in the circuit court, are subject to MCL 600.6431(1)'s notice requirements, see Tyrrell v. Univ. of Michigan , 335 Mich.App. 254, 966 N.W.2d 219 (2020), app dism, ––– Mich. ––––, 959 N.W.2d 719 (2021) ; and (2) whether the order denying the appellant's motion for summary disposition, which asserted governmental immunity, is a final order that is appealable by right, see MCR 7.202(6)(a)(v ). The appellant's brief shall be filed by February 28, 2022, 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 appellee shall file a supplemental brief within 21 days of being served with the appellant's brief. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee's brief. The parties should not submit mere restatements of their application papers. The motion to consolidate is DENIED.
We direct the Clerk to schedule the oral argument in this case for the same future session of the Court when it will hear oral argument in Elia Cos., LLC v. Univ. of Mich. Regents, ––– Mich. ––––, 967 N.W.2d 237 (2021) (Docket No. 162830).
Amici who appeared at the application stage are invited to file supplemental briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.