909 N.W.2d 268
Mich.
2018

GRANT BAUSERMAN, KARL WILLIAMS, and TEDDY BROE, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v UNEMPLOYMENT INSURANCE AGENCY, Defendant-Appellee.

SC: 156389, COA: 333181, Ct of Claims: 15-000202-MM

Michigan Supreme Court

April 6, 2018

Stephen J. Markman, Chief Justice; Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Kurtis T. Wilder, Elizabeth T. Clement, Justices

Order

On order of the Court, the application for leave to appeal the July 18, 2017 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 whether “the happening of the event giving rise to [appellants‘] cause of action” for the deprivation of property without due process occurred when the appellee issued its allegedly wrongful notice of redetermination, or when the appellee actually seized the appellants’ property. MCL 600.6431(3); MCL 600.5827; cf. Frank v Linkner, 500 Mich 133, 149-153 (2017). 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 appellee shall file a supplemental brief within 21 days of being served with the appellants’ brief. The appellee 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 appellee‘s brief. The parties should not submit mere restatements of their application papers.

The Michigan League for Public Policy is invited to file a brief amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.

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.

April 6, 2018

Clerk