Opinion
Docket No. 152844. COA No. 320437.
06-10-2016
Kevin SMITH, Plaintiff–Appellant, v. CITY OF FLINT, Defendant–Appellee.
Order
On order of the Court, the application for leave to appeal the November 5, 2015 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 parties shall file supplemental briefs within 42 days of the date of this order addressing whether: (1) the Court of Appeals erred in applying Peña v. Ingham Co. Rd. Comm., 255 Mich.App. 299, 660 N.W.2d 351 (2003), a Michigan Civil Rights Act case, to the plaintiff's claim under the Whistleblowers' Protection Act (WPA), MCL 15.361 et seq. ; (2) the plaintiff alleged sufficient facts to establish that he suffered an adverse employment action under the WPA, see MCL 15.362 ; and (3) the plaintiff alleged sufficient facts to establish that he engaged in a protected activity under the WPA, see MCL 15.362. The parties should not submit mere restatements of their application papers.