Opinion
359000
02-07-2022
In re Warren
LC No. 1995-000817-FC
Jane E. Markey Douglas B. Shapiro Judges
ORDER
James Robert Redford, Presiding Judge
The motions for immediate consideration are GRANTED.
The motion to seal the Court of Appeals file is GRANTED, in part. The Clerk shall obscure from public view the social security number recorded on the death certificate that is appended as Exhibit 3 to plaintiffs motion to set aside judgment for fraud on the court. This Court finds good cause to remove the decedent's social security number from the Court's file, and determines there are no less restrictive means to adequately and effectively protect the interest asserted. MCR 7.211(C)(9)(e). The case docket shall not be blocked from the Court's website. The Clerk is directed to forward a copy of this order to the Clerk of the Supreme Court and to the State Court Administrative Office. MCR 8.119(I)(7); MCR 7.211(C)(9)(c).
The motion for leave to file motion to set aside judgment is DENIED. The motion to set aside judgment is STRICKEN.
The complaint for superintending control is GRANTED. The trial court had a clear legal duty to refer plaintiffs motion for disqualification to another judge upon plaintiffs filing of his June 1, 2021 motion requesting such action. MCR 2.003(D)(3)(a); Legal Aid & Defender Ass'n, Inc v Wayne County Circuit Court, 475 Mich. 1209, 1209; 714 N.W.2d 292 (2006); Jones v Jones, 132 Mich.App. 497, 503; 347 N.W.2d 756 (1984). In fulfilment of this duty, the trial court is DIRECTED to refer plaintiffs motion to another judge for de novo review. This order has immediate effect. MCR 7.215(F)(2). The Court does not retain jurisdiction.