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Doe v. Department of Corrections

Supreme Court of Michigan

April 3, 2015

JOHN DOE 1, JOHN DOE 2, JOHN DOE 3, JOHN DOE 4, JOHN DOE 5, JOHN DOE 6, and JOHN DOE 7, on behalf of themselves and a class of all others similarly situated, Plaintiffs-Appellees,
v.
DEPARTMENT OF CORRECTIONS, GOVERNOR OF THE STATE OF MICHIGAN, DIRECTOR OF MICHIGAN DEPARTMENT OF CORRECTIONS, DEPUTY DIRECTOR OF MDOC CORRECTIONAL FACILITIES ADMINISTRATION, FORMER DEPUTY DIRECTOR OF MDOC CORRECTIONAL FACILITIES ADMINISTRATION, CHIEF DEPUTY DIRECTOR OF MDOC CORRECTIONAL FACILITIES ADMINISTRATION, WARDEN OF CARSON CITY CORRECTIONAL FACILITY, WARDEN OF CHARLES EGELER RECEPTION AND GUIDANCE CENTER, WARDEN OF EARNEST C. BROOKS CORRECTIONAL FACILITY, WARDEN OF GUS HARRISON CORRECTIONAL FACILITY, WARDEN OF RICHARD A. HANDLON CORRECTIONAL FACILITY, WARDEN OF OAKS CORRECTIONAL FACILITY, WARDEN OF THUMB CORRECTIONAL FACILITY, WARDEN OF CHIPPEWA CORRECTIONAL FACILITY, WARDEN OF MARQUETTE BRANCH PRISON, and WARDEN OF BELLAMY CREEK CORRECTIONAL FACILITY, Defendants-Appellants

COA: 324602. Washtenaw CC: 13-001196-CZ.

Robert P. Young, Jr., Chief Justice. Stephen J. Markman, Mary Beth Kelly, Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Justices.

Order

On order of the Court, the motion for reconsideration of this Court's March 6, 2015 order is considered, and it is GRANTED in part. On reconsideration, we VACATE that part of the March 6, 2015 order stating that " [t]rial court proceedings are stayed pending the completion of this appeal." We MODIFY the order to grant the motion for stay only with regard to the Washtenaw Circuit Court's class certification orders, dated October 29, 2014, and November 21, 2014. As before, 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. In all other respects, the motion for reconsideration is DENIED.


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