Order Michigan Supreme Court
Lansing, Michigan
May 27, 2020 Bridget M. McCormack,
Chief Justice
160772 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
SARON E. MARQUARDT, Personal Richard H. Bernstein
Representative for the Estate of Elizabeth T. Clement
SANDRA MARQUARDT, Megan K. Cavanagh,
Justices
Plaintiff-Appellant,
v SC: 160772
COA: 343248
Washtenaw CC: 12-000621-NH
VELLAIAH DURAI UMASHANKAR, MD,
Defendant-Appellee,
and
JONATHAN HAFT,
Defendant.
_____________________________________/
On order of the Court, the application for leave to appeal the November 26, 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 decedent failed to give Dr. Umashankar notice as required
by MCL 600.2912b, by way of notice mailed on July 20, 2009, on the ground that the
notice was not addressed or directed to him. 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 appellee shall file a supplemental brief within 21 days of being served with the
appellant’s brief. The appellee 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 appellee’s brief.
The parties should not submit mere restatements of their application papers.
The Michigan Association for Justice, the Michigan Defense Trial Counsel, Inc.,
and Michigan Health and Hospital Association are invited to file briefs amicus curiae.
Other persons or groups interested in the determination of the issues presented in this
case may move the Court for permission to file briefs amicus curiae.
2
BERNSTEIN, J., did not participate because he has a family member with an interest
that could be affected by the proceeding.
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.
May 27, 2020
a0520
Clerk