Michigan Supreme Court

Lansing, Michigan

Bridget M. McCormack, Chief Justice

David F. Viviano,

Chief Justice Pro Tem

Stephen J. Markman

Brian K. Zahra

Richard H. Bernstein

Elizabeth T. Clement

Megan K. Cavanagh,

Justices

Order 

November 22, 2019

158749

158755-6

BRYAN PUNTURO, FAWN PUNTURO, and

B & A HOLDINGS, LLC, d/b/a PARKSHORE

RESORT, LLC,

Plaintiffs-Appellees,

v SC: 158749

COA: 338727

Grand Traverse CC: 17-032008-CZ

BRACE KERN,

Defendant-Appellant,

and

SABURI BOYER and DANIELLE KORT,

f/k/a DANIELLE BOYER,

Defendants.

_________________________________________/

BRYAN PUNTURO, FAWN PUNTURO, and

B & A HOLDINGS, LLC, d/b/a PARKSHORE

RESORT, LLC,

Plaintiffs-Appellees,

v SC: 158755

COA: 338728

Grand Traverse CC: 17-032008-CZ

BRACE KERN and SABURI BOYER,

Defendants,

and

DANIELLE KORT, f/k/a DANIELLE BOYER,

Defendant-Appellant.

_________________________________________/

BRYAN PUNTURO, FAWN PUNTURO, and

B & A HOLDINGS, LLC, d/b/a PARKSHORE

RESORT, LLC,

Plaintiffs-Appellees,

v SC: 158756

COA: 338732

Grand Traverse CC: 17-032008-CZ

BRACE KERN and DANIELLE KORT,

f/k/a DANIELLE BOYER,

Defendants,

and
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.

 November 22, 2019 

t1119

2

Clerk

SABURI BOYER,

Defendant-Appellant.

_________________________________________/

On order of the Court, the applications for leave to appeal the October 16, 2018 

judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral 

argument on the applications. MCR 7.305(H)(1).

The appellants shall file supplemental briefs within 42 days of the date of this 

order addressing: (1) whether, as a threshold matter, the fair reporting privilege, MCL 

600.2911(3) — which can only be invoked “in a libel action” — applies in a case in 

which the appellants are not the media companies that published the allegedly defamatory 

statements, but are instead the persons who furnished the oral statements to the media; (2) 

whether the Court of Appeals erred in holding that the appellants’ allegedly defamatory 

statements to the media regarding the pending litigation were not protected under the fair 

reporting privilege; (3) whether Bedford v Witte, 318 Mich App 60 (2016), was wrongly 

decided; and (4) whether the standards for application of the statutory fair reporting 

privilege are different for statements made by an attorney or by a layperson-litigant. In 

addition to the brief, the appellants shall electronically file appendices conforming to 

MCR 7.312(D)(2). In the brief, citations to the record must provide the appendix page 

numbers as required by MCR 7.312(B)(1). The appellees shall file a supplemental brief 

within 21 days of being served with the appellants’ briefs. The appellees shall also 

electronically file an appendix, or in the alternative, stipulate to the use of the appendices 

filed by the appellants. Replies, if any, must be filed by the appellants within 14 days of 

being served with the appellees’ brief. The parties should not submit mere restatements 

of their application papers.

The time allowed for oral argument shall be 30 minutes: 15 minutes for 

appellants, to be divided at their discretion, and 15 minutes for appellees. MCR 

7.314(B)(1).

Persons or groups interested in the determination of the issues presented in this 

case may move the Court for permission to file briefs amicus curiae. Motions for 

permission to file briefs amicus curiae and briefs amicus curiae regarding these cases 

should be filed in Punturo v Kern, Docket No. 158749, only and served on the parties in 

both cases.