Opinion
357664
08-09-2021
Estate of Cornelius Fredericks v. Lakeside For Children
LC No. 2020-000226-NO
Jane E. Markey Presiding Judge, Jane M. Beckering, James Robert Redford Judges
ORDER
The motion for immediate consideration is GRANTED.
The motion to withdraw plaintiff-appellee's response brief and file a replacement response brief is GRANTED, and the replacement brief received on July 23, 2021 is accepted for filing. On the Court's own motion the originally filed response brief and accompanying appendices are STRICKEN.
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the June 15, 2021 bench ruling of the Kalamazoo Circuit Court is PEREMPTORILY REVERSED, the June 18, 2021 order effectuating that ruling is VACATED, and the matter is REMANDED to the circuit court to reconsider the merits of defendants' objections after the circuit court conducts an in camera review of the contents of defendants' investigation file to determine what information, if any, contained in that file is subject to a privilege. The circuit court shall conduct this in camera review and memorialize its conclusions in an oral ruling from the bench or in a written opinion within 28 days of the date of this order. The circuit court shall use its ruling to provide guidance to the parties regarding the scope of acceptable discovery and the distinction between facts, a communication concerning a fact, and "opinions, conclusions, and recommendations based on facts." Upjohn Co v United States, 449 U.S. 383; 101 S.Ct. 677; 66 L.Ed.2d 584 (1981); Leibel v General Motors Corp, 250 Mich.App. 229; 646 N.W.2d 179 (2002); Reed Dairy Farm v Consumers Power Co, 227 Mich.App. 614; 576 N.W.2d 709 (1998). This order has immediate effect. MCR 7.215(F(2). The Court does not retain jurisdiction.