Opinion
No. 22 2013.
2013-02-12
Albert AIELLO, Jr., Fred Corrado, Richard L. Crandall, Gary G. Greenfield, Judith H. Hamilton, Ronald W. Hovsepian, Patrick S. Jones, Richard L. Nolan, And John W. Poduska, Sr., Defendants Below–Appellants, v. OKLAHOMA FIREFIGHTERS PENSION AND RETIREMENT SYSTEM, Louisiana Municipal Police Employees' Retirement System, Operating Engineers Construction Industry and Miscellaneous Pension Fund, and Robert Norman, individually and on behalf of all others similarly situated, Plaintiffs Below–Appellees.
Court Below—Court of Chancery of the State of Delaware, C.A. No. 6032.
Before HOLLAND, BERGER, and JACOBS, Justices.
ORDER
CAROLYN BERGER, Justice.
This 12th day of February 2013, it appears to the Court that:
(1) The defendants-appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Court of Chancery dated January 3, 2013. The trial court's order granted in part and denied in part the defendants' motion to dismiss plaintiffs' complaint.
(2) The defendants filed their application for certification to take an interlocutory appeal in the Court of Chancery on January 14, 2013. The Court of Chancery denied the certification application on February 4, 2013.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, this Court has concluded that the application for interlocutory review does not meet the requirements of Supreme Court Rule 42(b) and should be refused.
NOW, THEREFORE, IT IS HEREBY ORDERED that the within interlocutory appeal is REFUSED.