Summary
directing the parties to file supplemental briefing on the issue of vacatur
Summary of this case from People v. AltantawiOpinion
SC: 158150-1 COA: 340921 340956
09-25-2019
PROGRESS MICHIGAN, Plaintiff-Appellant, v. ATTORNEY GENERAL, Defendant-Appellee.
Order
By order of March 20, 2019, we granted leave to appeal the June 19, 2018 judgment of the Court of Appeals, and this case was placed on the October 2019 session calendar for argument and submission. On September 3, 2019, the parties filed a joint motion to vacate the Court of Appeals opinion and remand the case to be dismissed with prejudice. By order of September 16, 2019, oral argument was adjourned. We DIRECT the parties to file supplemental briefs within 21 days of the date of this order addressing: (1) what standard should govern vacatur of lower court decisions in Michigan, see, e.g., U.S. Bancorp Mortgage Co. v. Bonner Mall Partnership , 513 U.S. 18, 29, 115 S.Ct. 386, 130 L.Ed.2d 233 (1994) ; California ex rel. State Lands Comm. v. Superior Court of Sacramento Co. , 11 Cal. 4th 50, 60-62, 44 Cal.Rptr.2d 399, 900 P.2d 648 (1995) ; and (2) whether, under the appropriate standard, this Court should vacate the judgment of the Court of Appeals reported at 324 Mich. App. 659, 922 N.W.2d 654 (2018).