Opinion
No. 341, 2003.
Submitted: July 9, 2003.
Decided: July 28, 2003.
Court Below-Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 18751
Appeal Refused.
Unpublished opinion is below.
ORACLE CORPORATION, by and through its Special Litigation Committee, Defendant Below-Appellant, v. THOMAS J. BARONE, RICHARD K. RIMAN, DANIEL ORONA, and NICHOLAS VITANI, Plaintiffs Below-Appellees. No. 341, 2003. Supreme Court of Delaware. Submitted: July 9, 2003. Decided: July 28, 2003.
Before HOLLAND, BERGER, and STEELE, Justices.
ORDER
Carolyn Berger, Justice
This 28th day of July 2003, it appears to the Court that:
(1) The defendant below, Oracle Corporation, through its Special Litigation Committee (SLC), has petitioned this Court to appeal from an interlocutory opinion of the Court of Chancery dated June 13, 2003 and revised June 17, 2003. The Court of Chancery's opinion denied the SLC's motion to terminate the Court of Chancery derivative action.
(2) On July 8, 2003, the Court of Chancery denied the SLC's application to certify an interlocutory appeal to this Court.
(3) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in extraordinary cases.
(4) 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.