Opinion
SC: 160813 COA: 333181
11-25-2020
Grant BAUSERMAN, Karl Williams, and Teddy Broe, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellees, v. UNEMPLOYMENT INSURANCE AGENCY, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the December 5, 2019 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).
The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether the appellees have alleged cognizable constitutional tort claims allowing them to recover a judicially inferred damages remedy. See Smith v. Dep't of Public Health , 428 Mich. 540, 648-652, 410 N.W.2d 749 (1987), aff'd sub nom. Will v. Mich. Dep't of State Police , 491 U.S. 58, 109 S.Ct. 2304, 105 L.Ed.2d 45 (1989) ( BOYLE , J., concurring in part and dissenting in part). In addition to the brief, the appellant 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 appellant's brief. The appellees shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellees’ brief. The parties should not submit mere restatements of their application papers.