Opinion
C.A. No. 8739-VCN
08-28-2014
Re: CCC Atlantic, LLC v. Grey
Kevin W. Gibson, Esquire Gibson & Perkins P.C. 1326 King Street Wilmington, DE 19801
Kevin W. Gibson, Esquire
Gibson & Perkins P.C.
1326 King Street
Wilmington, DE 19801
Dear Mr. Gibson:
I have the Motion for Reconsideration filed by Plaintiffs/Counterclaim Defendants CCC Atlantic, LLC and Karman Development Group, Inc. with respect to the August 25, 2014 dismissal of this action for subject matter jurisdiction reasons.
On July 3, 2014 and August 4, 2014, I asked for the views of counsel on whether this matter should remain in the Court of Chancery. The lack of a response from Plaintiffs was both surprising and troubling, but I understand your explanation for why Plaintiffs' position was not set forth. Now that there has been an opportunity to consider the contentions of Plaintiffs with respect to subject matter jurisdiction, I remain convinced that the decision of August 25, 2014, dismissing this matter in the exercise of my discretion, was the appropriate conclusion.
Perhaps more appropriately in this context, it should be noted that the Court's August 25, 2014 decision was not based upon a misunderstanding of material fact or a misapplication of the law that would have had any effect on the outcome.
Accordingly, the Motion for Reconsideration is denied.
IT IS SO ORDERED.
Very truly yours,
/s/ John W. Noble JWN/cap
cc: John D. Balaguer, Esquire
Bradley P. Lehman, Esquire
William J. Cattie, III, Esquire
Barry M. Willoughby, Esquire
Register in Chancery-K