Lansing Parkview, LLC v. K2M Grp., LLC ( 2018 )

Order Michigan Supreme Court
Lansing, Michigan
May 29, 2018 Stephen J. Markman,
Chief Justice
156023 (140) Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
LANSING PARKVIEW, LLC, Kurtis T. Wilder
Plaintiff/Counterdefendant- Elizabeth T. Clement,
Appellee, Justices
v SC: 156023
COA: 328507
Ingham CC: 13-000723-CK
K2M GROUP, LLC and DON L. KESKEY,
Defendants/Counterplaintiffs/
Third-Party Plaintiffs-Appellants,
and
ROBERT REID and JOEL I. FERGUSON,
Third-Party Defendants-Appellees.
_________________________________________/
On order of the Court, the motion for an order permitting a document to be
deemed filed nunc pro tunc on the date of the unsuccessful electronic transmission is
DENIED. On March 5, 2018, the Court entered an order denying the defendants’
application for leave to appeal. The defendants electronically filed a motion for
reconsideration on March 27, 2018, at 12:50 a.m. The Clerk refused to accept the late-
filed motion for reconsideration. MCR 7.311(G). The defendants allege that their
attorneys attempted to timely transmit the motion electronically at 11:38 p.m. on March
26, 2018, but the transmission failed because of an unexpected interruption in network
functionality at the attorneys’ law firm. Under some circumstances, the Court may “enter
an order permitting a document to be deemed filed nunc pro tunc on the date of the
unsuccessful transmission.” Administrative Order 2014-23, 497 Mich. cxxviii (2014).
But such relief is warranted only where the moving party proves that “the transmission
failed because of the failure of the TrueFiling system to process the electronic document
or because of the court’s computer system’s failure to receive the document.” Id. at
cxxix. Here, the transmission failure or delay was caused by the filer’s equipment or
system. The defendants have not alleged or shown any error in the TrueFiling system or
the Court’s computer system. Accordingly, the defendants are not entitled to the relief
requested.
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.
May 29, 2018
t0521
Clerk