Order Michigan Supreme Court
Lansing, Michigan
March 24, 2010 Marilyn Kelly,
Chief Justice
139799 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
JOHN F. SINGER, III, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 139799
COA: 284575
Macomb CC: 06-002281-NI
ANURADHA SREENIVASAN and
BALAJI GANAPATHY,
Defendants-Appellees.
_________________________________________/
On order of the Court, the application for leave to appeal the September 1, 2009
judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall
include among the issues to be briefed: (1) whether the Court of Appeals erred when it
upheld the trial court’s award of a “reasonable attorney fee” under MCR 2.403(O)(6) that
was based on an hourly rate that was higher than the rate that the defendants were
actually billed; (2) whether the Court of Appeals erred when it held that the reference to
“costs” in the second sentence of MCR 2.403(O)(1) relates to the “actual costs” that are
referred to in the first sentence of that subrule and that are defined in MCR
2.403(O)(6)(b) as including a “reasonable attorney fee”; and (3) whether, in light of the
analysis of the second issue, the plaintiff was entitled to costs under MCR 2.625.
I, Corbin R. Davis, 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.
March 24, 2010 _________________________________________
p0317 Clerk