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Lisa Tyra v. Organ Procurement Agency of Michigan
Order Michigan Supreme Court Lansing, Michigan
November 26, 2014 Robert P. Young, Jr., Chief Justice
148087 & (55) Michael F. Cavanagh Stephen J. Markman Mary Beth Kelly Brian K. Zahra LISA TYRA, Bridget M. McCormack Plaintiff-Appellee, David F. Viviano, Justices
v SC: 148087 COA: 298444 Oakland CC: 2009-103111-NH ORGAN PROCUREMENT AGENCY OF MICHIGAN, d/b/a GIFT OF LIFE MICHIGAN, Defendant-Appellee, and STEVEN COHN, M.D., and WILLIAM BEAUMONT HOSPITAL, Defendants-Appellants, and DILLIP SAMARA PUNGAVAN, M.D., and JOHN DOE, Defendants.
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On order of the Court, the motion to file supplemental authority brief is GRANTED. The application for leave to appeal the August 15, 2013 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 7.302(H)(1). At oral argument, the parties shall address whether Zwiers v Growney, 286 Mich App 38 (2009), was overruled by this Court’s decision in Driver v Naini, 490 Mich 239 (2011), and whether the defendants’ affirmative defenses were defective because they did not specifically state the grounds for the defense. The parties may file supplemental briefs within 42 days of the date of this order, but they should not submit mere restatements of their application papers.
We further ORDER that this case be argued and submitted to the Court together with the case of Tyra v Organ Procurement Agency of Michigan (Docket No. 148079).
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Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these two cases should be filed in Docket No. 148079 only.
We 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 Furr v McLeod (Docket No. 149344).
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. November 26, 2014 t1119 Clerk