Motion to Vacate Leave

On October 13, 2006, the Court of Appeals granted the Defendant leave for interlocutory appeal. The next step in the process was for the Defendant to file a Docketing Statement listing the issues that it is asking the Appellate Court to address. The University of Michigan’s Docketing Statement was filed on November 8, 2006. In-between the Defendant’s filing its Application for Leave to Appeal and the filing of its Docketing Statement, Mary Sue Coleman, President of the University of Michigan ordered the Law School to Abandon its primary argument on appeal; the claim that the University’s non-discrimination policy has no legal affect and created no legal rights. This issue was entirely missing from the Defendant’s Docketing Statement.

On November 28, 2006, given the abandonment of the University’s principal legal argument on appeal, Plaintiff filed a Motion asking the Appellate Court to vacate its order granting the defendant leave to appeal as improvidently granted.

Below are links to Plaintiff’s Motion to Vacate Leave (along with its attached exhibits) as well as Defendant’s Brief in Opposition to Plaintiff’s Motion.

The Appellate Court granted Plaintiff’s Motion to Vacate on January 25, 2007.

Plaintiff’s Motion to Vacate Leave to Appeal

Plaintiff’s Motion to Vacate Exhibit A — October 13, 2006 Order Granting Defendant Leave to Appeal
Plaintiff’s Motion to Vacate Exhibit B — November 8, 2006 Defendant’s Docketing Statement
Plaintiff’s Motion to Vacate Exhibit C — March 16, 2006 Excerpt Hearing Transcript
Plaintiff’s Motion to Vacate Exhibit D — July 27, 2006 Excerpt Hearing Transcript

Defendant’s Answer to Plaintiff’s Motion to Vacate Leave

Order Granting Motion to Vacate Leave

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