Purcell et al v. Fadlallah et al

Filing 54

ORDER Directing Plaintiff to File Supplemental brief as to 41 MOTION for Summary Judgment :( Supplement Brief due by 6/10/2013) Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRYAN PURCELL and
GEORGENE STERGALAS,
Plaintiffs,
v.

Case No. 10-13444

IMAD FADLALLAH, et al.,
Defendants.
/
ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENTAL BRIEFING
The Board of Education for Dearborn Public Schools discharged Plaintiff Bryan
Purcell for failing to fulfill his duties as a teacher. Purcell appealed to the Michigan
State Tenure Commission (the “Tenure Commission”), and an administrative law judge
(“ALJ”) concluded that there was just and reasonable cause for Purcell’s termination.
Purcell filed Exceptions to the ALJ’s decision which were rejected by the Tenure
Commission.
Purcell sued the Dearborn Public School District (the “District”) and employees of
the District, alleging thirteen claims under federal and state law. Defendants move for
summary judgment and argue that Purcell is collaterally estopped from litigating seven
of the claims at issue. Collateral estoppel applies only if a final judgment has issued.
McCormick v. Braverman, 451 F.3d 382, 397 (6th Cir. 2006). A party has twenty days
to appeal to the Michigan Court of Appeals a decision of the Tenure Commission. Mich.
Comp. Laws § 38.104(7). If an appeal is not filed within twenty days, the Tenure
Commission’s decision becomes final. Id.

Defendants argue that the Tenure Commission’s decision, which issued on
August 24, 2012, is final because Purcell did not timely appeal. Purcell contends that
the Tenure Commission’s decision is not final because he is in the process of filing a
late application for leave to appeal. A party may file a late application for leave to
appeal within six months after the Tenure Commission enters an order. Mich. Ct. R.
7.105(F). Purcell’s claims may not be collaterally estopped if he filed a late application
for leave to appeal and the Michigan Court of Appeals granted leave. Accordingly,
IT IS ORDERED that Plaintiff Bryan Purcell is DIRECTED to submit a
supplemental brief, not longer than two pages in length, that answers only the following
questions:
1. Did Purcell file a late application for leave to appeal the Michigan State
Tenure Commission’s “Decision and Order on Exceptions” issued on
August 24, 2012?
2. If Purcell filed a late application for leave to appeal, on what date was
the application filed?
2(a). If Purcell filed a late application for leave to appeal, Purcell
must submit a copy of the application.
3. If Purcell filed a late application for leave to appeal, has the Michigan
Court of Appeals issued a ruling on the application?
4. If the Michigan Court of Appeals issued a ruling on Purcell’s late
application for leave to appeal, did the Michigan Court of Appeals grant
the application?
4(a). If the Michigan Court of Appeals issued a ruling on Purcell’s
late application for leave to appeal, Purcell must submit a copy of the

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ruling.
The supplemental brief must be submitted by June 10, 2013.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: June 4, 2013
I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, June 4, 2013, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

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