Reserve at Heritage Village Assn v. Warren Financial Acquisition

Order Michigan Supreme Court Lansing, Michigan June 19, 2015 Robert P. Young, Jr., Chief Justice 149851(72)(73) Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack THE RESERVE AT HERITAGE David F. Viviano VILLAGE ASSOCIATION, Richard H. Bernstein, Plaintiff-Appellant, Justices v SC: 149851 COA: 317830 Macomb CC: 2012-000133-CH WARREN FINANCIAL ACQUISITION,

LLC, HERITAGE VILLAGE SINGLE

FAMILY, INC., HERITAGE VILLAGE

MASTER COMMUNITY

ASSOCIATION, GRAND/SAKWA

PROPERTIES, LLC, GRAND/SAKWA

OF WARREN, LLC, GARY SAKWA,

NICK DONOFRIO, WHITEHALL

PROPERTY MANAGEMENT, INC.,

CHRISTINE METIVA, STANLEY L.

SCOTT, DAVID A. GANS, WINNICK

HERITAGE VILLAGE, LLC, and

RESERVE MORTGAGE HOLDING, LLC,

Defendants-Appellees, and

RESERVE MORTGAGE HOLDING, LLC,

Intervening Plaintiff, v

THE RESERVE AT HERITAGE VILLAGE

ASSOCIATION,

Intervening Defendant. ______________________________________/

On order of the Court, to the extent that plaintiff-appellant’s motion for reconsideration is directed at Justice Bernstein’s decision to recuse himself from participating in this Court’s April 28, 2015 order, it is considered and it is DENIED because the “familial relationship” referenced in Justice Bernstein’s recusal statement was based on his brother-in-law’s business association with several defendants-appellees.

The motion for reconsideration, as it pertains to the Court’s denial of the application for leave to appeal, is also DENIED, because it does not appear that the order was entered erroneously. The motion to strike filed by defendants-appellees is DENIED as moot.

BERNSTEIN, J., participating only in the denial of the motion for reconsideration to the extent it pertains to his recusal.

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. June 19, 2015 d0616

Clerk