Order Michigan Supreme Court Lansing, Michigan

October 24, 2011 Robert P. Young, Jr., Chief Justice

Michael F. Cavanagh Marilyn Kelly 142102(52) Stephen J. Markman Diane M. Hathaway Mary Beth Kelly TOM NOBLE, Brian K. Zahra, Justices Plaintiff-Appellant, v SC: 142102 COA: 292080 Ingham CC: 08-000703-AA OFFICE OF THE RACING COMMISSIONER, Defendant-Appellee. _________________________________________/

On order of the Court, the motion for reconsideration of this Court’s May 20, 2011 order is considered, and it is DENIED, because it does not appear that the order was entered erroneously.

MARILYN KELLY, J., would grant reconsideration and, on reconsideration, would grant leave to appeal.

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 24, 2011 _________________________________________ d1017 Clerk