Order Michigan Supreme Court
Lansing, Michigan
Stephen J. Markman,
Chief Justice
December 20, 2017
Brian K. Zahra
155204 Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
MICHIGAN OPEN CARRY, INC. and Kurtis T. Wilder
KENNETH HERMAN, Elizabeth T. Clement,
Justices
Plaintiffs-Appellants,
v SC: 155204
COA: 329418
Genesee CC: 15-104373-CZ
CLIO AREA SCHOOL DISTRICT, FLETCHER
SPEARS, III, and KATRINA MITCHELL,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the December 15, 2016
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: (1) whether, in light of MCL 123.1102, it is necessary to consider the
factors set forth in People v Llewellyn, 401 Mich 314 (1977), in order to determine
whether the school district’s policies are preempted; (2) if so, whether the Court of
Appeals properly analyzed the Llewellyn factors; and (3) whether the Court of Appeals
correctly held that the school district’s policies are not preempted. 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 appellees shall file a supplemental brief within 21
days of being served with the appellants’ brief. The appellees 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 appellees’ brief. The parties should not submit mere restatements of their
application papers.
We further direct the Clerk to schedule the oral argument in this case for the same
future session of the Court when it will hear oral argument in Michigan Gun Owners, Inc
v Ann Arbor Public Schools, Docket No. 155196.
2
Persons or groups interested in the determination of the issues presented in these
cases may move the Court for permission to file briefs amicus curiae. Motions for
permission to file briefs amicus curiae and briefs amicus curiae regarding these cases
should be filed in Michigan Gun Owners, Inc v Ann Arbor Public Schools, Docket No.
155196, only and served on the parties in both cases.
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.
December 20, 2017
d1213
Clerk