Order Michigan Supreme Court Lansing, Michigan September 16, 2009 Marilyn Kelly, Chief Justice Michael F. Cavanagh Elizabeth A. Weaver 139533 Maura D. Corrigan Robert P. Young, Jr. Stephen J. Markman YOLANDA JOHNSON, Successor Personal Diane M. Hathaway, Representative of the Estate of VERA Justices JACKSON, Deceased, Plaintiff-Appellee, v SC: 139533 COA: 293304 Wayne CC: 08-123817-NH DETROIT MEDICAL CENTER, HARPER- HUTZEL HOSPITAL, ANDRE R. NUNN, M.D., and DETROIT SURGICAL SPECIALISTS, P.C., d/b/a Detroit Bariatrics, Defendants-Appellants.

_________________________________________/ By order of September 1, 2009, this Court granted immediate consideration and a stay of trial court proceedings. On order of the Court, the application for leave to appeal the August 20, 2009 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. We further ORDER that the stay entered by this Court on September 1, 2009 remains in effect until completion of this appeal. On motion of a party or on its own motion, the Court of Appeals may modify, set aside, or place conditions on the stay if it appears that the appeal is not being vigorously prosecuted or if other appropriate grounds appear.

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.

September 16, 2009 _________________________________________ d0909 Clerk