Hall v. Coupe

Opinion

COURT OF CHANCERY

OF THE

STATE OF DELAWARE

JOHN W. NOBLE 417 SOUTH STATE STREET VICE CHANCELLOR DOVER, DELAWARE 19901 TELEPHONE: (302) 739-4397 FACSIMILE: (302) 739-6179

February 25, 2015

Via File&ServeXpress

and First Class Mail

Mr. Salih Hall Mr. Salih Hall 464 Bethune Drive c/o Plummer Work Release Center Dunleith 38 Todds Lane Wilmington, DE 19801 Wilmington, DE 19809

Mr. Kevin Howard Stuart B. Drowos, Esquire James T. Vaughn Correctional Center Roopa Sabesan, Esquire 1181 Paddock Road Department of Justice Smyrna, DE 19977 820 N. French Street, 6th Floor Wilmington, DE 19801

Re: Hall v. Coupe C.A. No. 10307-VCN

Date Submitted: February 16, 2015

Dear Mr. Hall, Mr. Howard, and Counsel:

A motion for a default judgment has been filed in the above-referenced matter. Although the time allotted for filing an answer has expired, counsel have entered their appearances on behalf of the State Defendants. As a general matter, litigation on the merits instead of entry of a default judgment is the preferred

Hall v. Coupe C.A. No. 10307-VCN February 25, 2015 Page 2

method for resolving a case. In this instance, there is a more fundamental problem. By 10 Del. C. § 3103(c), service upon the Defendants, who have been sued in their capacity as employees of the State, must be made upon the Attorney General, the Chief Deputy Attorney General, or the State Solicitor. No effort was made to satisfy this requirement. Because the statute was not complied with, service of process has not been completed, and a default judgment may not be entered.

Accordingly, the Motion for Default Judgment is denied.

IT IS SO ORDERED.

Very truly yours,

/s/ John W. Noble

JWN/cap cc: Register in Chancery-K