Order Michigan Supreme Court Lansing, Michigan

January 27, 2016 Robert P. Young, Jr., Chief Justice

Stephen J. Markman Brian K. Zahra 152983 & (17)(18) Bridget M. McCormack David F. Viviano Richard H. Bernstein KEITH LUTZ and DORIS LUTZ, Joan L. Larsen, Plaintiffs-Appellees, Justices

v SC: 152983 COA: 328960 Bay CC: 14-003635-NH JEFFREY TERRITO, D.O, EMMED, P.C., KHALIL NASRALLAH, M.D., McLAREN BAY NEUROLOGY, and BAY REGIONAL MEDICAL CENTER, d/b/a McLAREN BAY REGIONAL, Defendants-Appellants.

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On order of the Court, the motion for immediate consideration is GRANTED. The application for leave to appeal the December 2, 2015 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted. The motion for stay of a portion of the trial court’s order compelling discovery is GRANTED. The trial court’s July 9, 2015 order granting discovery of the stroke care data is stayed pending the 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, 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. January 27, 2016 d0126 Clerk