Opinion
359629
04-22-2022
MSY Capital Partners LLC v. LIV Wellness Center LLC
LC No. 2019-178037-CB
Kathleen Jansen, Elizabeth L. Gleicher, Judges
ORDER
Mark J. Cavanagh, Presiding Judge
The Court orders that appellants' motion to file exhibits under seal is DENIED.
Appellees' motion to compel appellants to comply with MCR 7.210(C) or, in the alternative, to allow the filing by appellees of certain documents not under seal is GRANTED as follows. Appellees may file with the trial court copies of Plaintiffs' Exhibits 43(A)-(J) and 47-50 and Defendants' Exhibits 30(A)-(I) within 14 days after the date of this order, with the trial court to include those items in the record for this case.
A copy of this order shall be sent to the clerk's office of the Oakland Circuit Court.
Jansen, J., concurs to the extent that the order allows these documents to be filed, and concluding that they are not under seal. I dissent, however, to the extent that the order provides that appellees are to file these exhibits. It is appellant's responsibility to file with the trial court the exhibits in its possession offered in evidence, MCR 7.210(C), as well as serve a copy of the entire record on appeal on each appellee, minus the documents already in the appellee's possession, MCR 7.210(F). It is also appellant's responsibility to perfect its appeal. See generally MCR 7.204 (filing an appeal as of right), MCR 7.205 (filing an application for leave to appeal).