Order Michigan Supreme Court
Lansing, Michigan
April 13, 2007 Clifford W. Taylor,
Chief Justice
132648 Michael F. Cavanagh
& (63) Elizabeth A. Weaver
(64) Marilyn Kelly
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman,
Justices
FREDIE STOKES,
Plaintiff-Appellee,
v SC: 132648
COA: 268544
WCAC: 02-000388
DAIMLERCHRYSLER CORPORATION,
Defendant-Appellant.
______________________________________/
On order of the Court, the motions for leave to file a brief amicus curiae are
GRANTED. The application for leave to appeal the October 26, 2006 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 peremptory action. MCR 7.302(G)(1). At
oral argument, the parties shall address whether the burden-shifting analysis described in
the Court of Appeals opinion in this case relieved the plaintiff of the burden of proving
that he was disabled from all jobs within his qualifications and training, as required by
Sington v Chrysler Corp, 467 Mich 144 (2002). The parties shall file supplemental briefs
addressing this issue within 56 days of the date of this order, but they should not submit
mere restatements of the arguments made in their application papers.
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.
April 13, 2007 _________________________________________
l0410 Clerk