Order Michigan Supreme Court Lansing, Michigan March 8, 2011 Robert P. Young, Jr., Chief Justice 142007 Michael F. Cavanagh Marilyn Kelly Stephen J. Markman Diane M. Hathaway Mary Beth Kelly DUTTON PARTNERS, L.L.C., Brian K. Zahra, Plaintiff-Appellant, Justices v SC: 142007 COA: 292094 Oakland CC: 2008-091210-NO CMS ENERGY CORPORATION, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the November 16, 2010 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the question presented should be reviewed by this Court. ZAHRA, J., did not participate because he was on the Court of Appeals panel. I, Corbin R. Davis, 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. March 8, 2011 _________________________________________ 0228 Clerk