ORDER DIRECTING PLAINTIFF TO FILE SUPPLEMENTAL BRIEFING

ROBERT H. CLELAND, District Judge.

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:

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