Smollar v. Potarazu

• Court: Court of Chancery of Delaware
• Decided: May 7, 2015
• Docket: CA 10287-VCN
• Status: Published

Opinion

EFiled: May 07 2015 03:27PM EDT Transaction ID 57203071 Case No. 10287-VCN 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

May 7, 2015

Sidney S. Liebesman, Esquire David L. Finger, Esquire Montgomery, McCracken, Walker Finger & Slanina, LLC & Rhoads, LLP One Commerce Center 1105 North Market Street, Suite 1500 1201 N. Orange Street, 7th Fl. Wilmington, DE 19801 Wilmington, DE 19801

Robert D. Goldberg, Esquire Biggs and Battaglia 921 North Orange Street Wilmington, DE 19801

Re: Smollar v. Potarazu C.A. No. 10287-VCN Date Submitted: March 19, 2015

Dear Counsel:

The Court has allowed the Special Review Committee more than sufficient

time to perform its tasks. To avoid disruption, the Court will allow the de facto

stay to remain in place until May 22, 2015. A further stay for efforts of the Special

Review Committee simply is not warranted. Thus, effective as of May 22, 2015,

the Motion to Stay is denied. Smollar v. Potarazu C.A. No. 10287-VCN May 7, 2015 Page 2

The Special Review Committee’s Motion to Stay also contained, in the

alternative, a request to “realign the litigation,” with the effect that it would be

substituted as plaintiff. If it continues to seek this relief, counsel should confer on

a brief schedule or other approach for dealing with this application. These specific

items are not subject to any stay.

IT IS SO ORDERED.

Very truly yours,

/s/ John W. Noble

JWN/cap cc: Register in Chancery-K