Order Michigan Supreme Court Lansing, Michigan

September 30, 2015 Robert P. Young, Jr., Chief Justice

150573 Stephen J. Markman Mary Beth Kelly Brian K. Zahra Bridget M. McCormack David F. Viviano LORETTA ROBINSON, Personal Richard H. Bernstein, Representative of the ESTATE OF DANELLA Justices JONES, Deceased, Plaintiff-Appellee, v SC: 150573 COA: 324905 Oakland CC: 2014-139608-NO ST. JOHN HEALTH, d/b/a ST. JOHN PROVIDENCE HEALTH SYSTEM and PROVIDENCE HOSPITAL AND MEDICAL CENTERS, INC., Defendants-Appellants.

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By order of December 19, 2014, the application for leave to appeal prior to decision by the Court of Appeals was held in abeyance pending the decision in Krusac v Covenant Medical Center, Inc (Docket No. 149270). On order of the Court, the case having been decided on April 21, 2015, 497 Mich 251 (2015), the application is again considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the December 3, 2014 order of the Oakland Circuit Court that ordered production of an incident report prepared by Providence Hospital. We REMAND this case to the Oakland Circuit Court for further proceedings consistent with our opinion in Krusac. The stay of proceedings in the trial court and the Court of Appeals, ordered on December 19, 2014, is DISSOLVED.

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. September 30, 2015 t0929 Clerk