Opinion
SC: 155204
12-20-2017
MICHIGAN OPEN CARRY, INC. and KENNETH HERMAN, Plaintiffs-Appellants, v. CLIO AREA SCHOOL DISTRICT, FLETCHER SPEARS, III, and KATRINA MITCHELL, Defendants-Appellees.
Order
Stephen J. Markman, Chief Justice Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder Elizabeth T. Clement, Justices COA: 329418
Genesee CC: 15-104373-CZ
On order of the Court, the application for leave to appeal the December 15, 2016 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on whether to grant the application or take other action. MCR 7.305(H)(1).
The appellants shall file a supplemental brief within 42 days of the date of this order addressing: (1) whether, in light of MCL 123.1102, it is necessary to consider the factors set forth in People v Llewellyn, 401 Mich 314 (1977), in order to determine whether the school district's policies are preempted; (2) if so, whether the Court of Appeals properly analyzed the Llewellyn factors; and (3) whether the Court of Appeals correctly held that the school district's policies are not preempted. In addition to the brief, the appellants shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief within 21 days of being served with the appellants' brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellants. A reply, if any, must be filed by the appellants within 14 days of being served with the appellees' brief. The parties should not submit mere restatements of their application papers.
We further 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 Michigan Gun Owners, Inc v Ann Arbor Public Schools, Docket No. 155196.
Persons or groups interested in the determination of the issues presented in these cases may move the Court for permission to file briefs amicus curiae. Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these cases should be filed in Michigan Gun Owners, Inc v Ann Arbor Public Schools, Docket No. 155196, only and served on the parties in both cases.
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court.
December 20, 2017
/s/_________
Clerk