Order Michigan Supreme Court
Lansing, Michigan
September 16, 2015 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Mary Beth Kelly
151196 Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein,
JAMES WADE, Justices
Plaintiff-Appellee,
v SC: 151196
COA: 317531
Iosco CC: 13-007515-NH
WILLIAM MCCADIE, D.O. and ST. JOSEPH
HEALTH SYSTEM, INC. d/b/a HALE ST.
JOSEPH MEDICAL CLINIC,
Defendants-Appellants.
____________________________________/
On order of the Court, the application for leave to appeal the January 29, 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: (1) whether the 91-day extension provided in MCL 600.2912d(3) for filing
an affidavit of merit applies where the plaintiff claims that the defendants did not produce
all medical records within 56 days after receipt of the notice of intent as required by MCL
600.2912b(5); (2) whether the defendants were obligated, under MCL 600.2912b(5), to
explain to the plaintiff that certain records could not be produced because they had been
destroyed; and (3) whether billing records are medical records for purposes of MCL
600.2912b(5). The parties should not submit mere restatements of their application
papers.
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.
September 16, 2015
a0909
Clerk