Order Michigan Supreme Court Lansing, Michigan October 25, 2006 Clifford W. Taylor, Chief Justice 130921 Michael F. Cavanagh Elizabeth A. Weaver Marilyn Kelly Maura D. Corrigan IN RE BROWN Robert P. Young, Jr. Stephen J. Markman, _________________________________________ Justices

KATINA BROWN, ROBERT PUMFREY, and ELIZABETH MIKLOSOVIC, on behalf of themselves and all others similarly situated, Plaintiffs-Appellants, and SC: 130921 COA: 267648 WILLIAM JAMES, Plaintiff, v KENT CIRCUIT COURT JUDGE, Defendant-Appellee.

_________________________________________/ On order of the Court, the application for leave to appeal the January 12, 2006 order of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.

CAVANAGH and KELLY, JJ., would remand this case to the Court of Appeals for reconsideration in light of its decision in People v William Fitzgerald James, __ Mich App __ (2006) (No. 266521).

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.

October 25, 2006 _________________________________________ s1018 Clerk