MIlline v. Macomb, County of et al

Filing 128

ORDER Regarding Plaintiff's Forthcoming Motion for Reconsideration. Signed by District Judge Matthew F. Leitman. (HMon)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
ALVAREZ MILLINE, as Personal
Representative of the ESTATE of
ALVAREZ DEMETRIE MILLINE, Deceased
Plaintiff,

Case No. 17-cv-12723
Hon. Matthew F. Leitman

v.
CORRECTCARE SOLUTIONS, LLC et al.,
Defendants.
__________________________________________________________________/
ORDER REGARDING PLAINTIFF’S FORTHCOMING
MOTION FOR RECONSIDERATION
During a hearing on June 25, 2021, the Court orally granted Plaintiff leave to
file a motion for reconsideration of the Court’s prior ruling granting summary
judgment on Plaintiff’s gross negligence claim. (See Opinion and Order Dated
November 30, 2020, ECF No. 117, PageID.3701-02.) When the Court granted
leave, it identified a number of issues for the parties to address in the briefing on the
motion.
Following the hearing, the Court concluded that there is another issue that
should be addressed in the briefing. The issue is: Assuming arguendo that Plaintiff’s
gross negligence claim is not subject to dismissal on the ground that Plaintiff failed
to file an affidavit of merit pursuant to MCL §600.2912d, does the claim nonetheless

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fail as a matter of law because it is not supported by competent expert medical
testimony? In answering this question, the parties should assume that the Court will
adhere to its earlier decision that the gross negligence claim sounds in medical
malpractice. Given that prior ruling by the Court, the parties should address (1)
whether expert testimony is necessary to support a medical malpractice claim like
the one asserted by Plaintiff, (2) whether Dr. Elder, a board certified cardiologist, is
a competent witness under Mich. Comp. Laws §600.2169(1)(c) concerning the
standard of care in a medical malpractice claim against Defendant Olagbaiye, a nurse
practitioner, and (3) if Dr. Elder is not a competent witness in support of the medical
malpractice claim against Defendant Olagbaiye, does the claim necessarily fail as a
matter of law on the record before the Court? The parties should address these issues
in addition to the other issues identified by the Court on the record during the
hearing.
IT IS SO ORDERED.
s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: June 28, 2021

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I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on June 28, 2021, by electronic means and/or ordinary mail.
s/Holly A. Monda
Case Manager
[phone]

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