Order Michigan Supreme Court Lansing, Michigan November 4, 2020 Bridget M. McCormack, Chief Justice 161232 David F. Viviano, Chief Justice Pro Tem Stephen J. Markman Brian K. Zahra JEFF TRECHA, as Next Friend of Richard H. Bernstein BRADLEY TRECHA, Elizabeth T. Clement Plaintiff-Appellant, Megan K. Cavanagh, Justices v SC: 161232 COA: 347695 Genesee CC: 17-109425-NI BRENDEN REMILLARD, Defendant-Appellee.

_________________________________________/ On order of the Court, the application for leave to appeal the March 5, 2020 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1).

The appellant shall file a supplemental brief within 42 days of the date of this order addressing whether, assuming Bradley Trecha was a participant in the recreational activity of tennis when his injuries occurred, the particular risk that caused his injuries was reasonably foreseeable under the circumstances. See Bertin v Mann, 502 Mich 603, 619- (2018). In addition to the brief, the appellant shall electronically file an appendix conforming to MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page numbers as required by MCR 7.312(B)(1). The appellee shall file a supplemental brief within 21 days of being served with the appellant’s brief. The appellee shall also electronically file an appendix, or in the alternative, stipulate to the use of the appendix filed by the appellant. A reply, if any, must be filed by the appellant within 14 days of being served with the appellee’s brief. The parties should not submit mere restatements of their application papers.

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.

November 4, 2020 a1028 Clerk