CCC Atlantic, LLC v. Grey

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EFiled: Aug 28 2014 11:54AM EDT Transaction ID 55953408 Case No. 8739-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 August 28, 2014 Kevin W. Gibson, Esquire Gibson & Perkins P.C. 1326 King Street Wilmington, DE 19801 Re: CCC Atlantic, LLC v. Grey C.A. No. 8739-VCN Date Submitted: August 26, 2014 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 Kevin W. Gibson, Esquire Gibson & Perkins P.C. August 28, 2014 Page 2 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.1 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 1 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.

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