Michele Pischea Ma LLP Caadc v. Assessment & Relationship Center ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
October 18, 2019 Bridget M. McCormack,
Chief Justice
159405 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
MICHELE PISCHEA, M.A., LLP, C.A.A.D.C., Richard H. Bernstein
Plaintiff/Counterdefendant- Elizabeth T. Clement
Appellant, Megan K. Cavanagh,
Justices
v SC: 159405
COA: 342330
Ingham CC: 16-000889-CB
ASSESSMENT AND RELATIONSHIP
CENTER, LLC and B. CRAIG SMITH, PH.D.,
Defendants/Counterplaintiffs-
Appellees,
and
B. CRAIG SMITH AND ASSOCIATES, LTD.,
Defendant/Counterplaintiff.
_________________________________________/
On order of the Court, the application for leave to appeal the February 26, 2019
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE that part of the judgment of the Court of
Appeals affirming the dismissal of the plaintiff’s claims against defendant Assessment
and Relationship Center, LLC for breach of contract and unjust enrichment as a discovery
sanction. We further VACATE the July 26, 2017 Ingham Circuit Court order providing
the same, and we REMAND this case to that court for reconsideration of whether
dismissal is an appropriate sanction under the governing legal standards, including
consideration of the appropriateness of lesser sanctions and other factors. See Duray Dev
LLC v Perrin, 288 Mich. App. 143, 164-166 (2010).
We do not retain jurisdiction.
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.
October 18, 2019
p1015
Clerk