Rita Kendzierski v. County of Macomb

Order Michigan Supreme Court

Lansing, Michigan February 1, 2019 Bridget M. McCormack,

Chief Justice David F. Viviano, Chief Justice Pro Tem

156086(101)

Stephen J. Markman

Brian K. Zahra Richard H. Bernstein

RITA KENDZIERSKI, BONNIE HAINES, Elizabeth T. Clement GREG DENNIS, LOUISE BERTOLINI, JOHN Megan K. Cavanagh,

Justices BARKER, JAMES COWAN, VINCENT POWIERSKI, ROBERT STANLEY, ALAN MOROSCHAN, and GAER GUERBER, on Behalf of Themselves and All Others Similarly Situated,

Plaintiffs-Appellees,

SC: 156086 v COA: 329576

Macomb CC: 2010-001380-CK MACOMB COUNTY,

Defendant-Appellant. _________________________________________/

Upon de novo review by the entire Court in accordance with MCR 2.003(D)(2)(b), the Court orders that the motion of plaintiffs-appellees to disqualify Justice David F. Viviano from participating in the decision of this case is DENIED for the reason that no justice is persuaded that there is any ground for the disqualification of Justice Viviano.

VIVIANO, J., did not participate in the decision because he is the subject of the disqualification motion.

CAVANAGH, J., is not participating in the case, including the motion to disqualify, because the case was argued before she assumed office.

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.

February 1, 2019

Clerk