Visbal Salgado v. Mobile Services International, LLC, et al.

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EFiled: Mar 22 2012 1:00PM EDT Transaction ID 43248672 Case No. 5268-VCN COURT OF CHANCERY OF THE STATE OF DELAWARE JOHN W. NOBLE VICE CHANCELLOR 417 SOUTH STATE STREET DOVER, DELAWARE 19901 TELEPHONE: (302) 739-4397 FACSIMILE: (302) 739-6179 March 22, 2012 John G. Harris, Esquire Berger Harris, LLC One Commerce Center, 3rd Floor 1201 North Orange Street Wilmington, DE 19801 Re: James D. Taylor, Jr., Esquire Saul Ewing LLP 222 Delaware Avenue, Suite 1200 P.O. Box 1266 Wilmington, DE 19899-1266 Visbal Salgado v. Mobile Services International, LLC, et al. C.A. No. 5268-VCN Date Submitted: February 29, 2012 Dear Counsel: Plaintiff has moved to modify order of February 21, 2012, and for partial reargument. The Court imposed discovery sanctions in the amount of $21,545.04, payable to defray the unnecessary costs incurred by the Defendants as The Plaintiff does not now challenge the amount awarded. Visbal Salgado v. Mobile Services International, LLC, et al. C.A. No. 5268-VCN March 22, 2012 Page 2 attempted to acc setting a payment schedule. By the motion, the Plaintiff seeks a somewhat more lenient schedule. pursue this action. Plaintiff has now demonstrated that the order, as entered, would seriously impair, if not defeat, that ability. proposal. This application does not fit conveniently within either Court of Chancery Rule 59 or Court of Chancery Rule 60. It suffices that reargument is appropriate because of t material fact. See In re ML/EQ Real itig., 2000 WL 364188, at *1 (Del. Ch. Mar. 22, 2000). The Court, one supposes, may be viewed as having misapprehended the facts associated with and the Court will modify the payment schedule. An order revising the payment schedule will be entered. Visbal Salgado v. Mobile Services International, LLC, et al. C.A. No. 5268-VCN March 22, 2012 Page 3 One final note may be appropriate. Only the payment schedule is modified. scheduled payments are not timely made is not affected. Very truly yours, /s/ John W. Noble JWN/cap cc: Register in Chancery-K