Chrin v. Ibrix Incorporated

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IN THE SUPREME COURT OF THE STATE OF DELAWARE DAVID CHRIN, Plaintiff BelowAppellant, v. IBRIX INCORPORATED, Defendant BelowAppellee. § § § § § § § § § § § No. 144, 2006 Court Below Court of Chancery of the State of Delaware, in and for New Castle County C.A. No. 20587 Submitted: March 17, 2006 Decided: April 28, 2006 Before STEELE, Chief Justice, HOLLAND, and RIDGELY, Justices. ORDER This 28th day of April 2006, it appears to the Court that: (1) The plaintiff-appellant, David Chrin, has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Court of Chancery dated February 17, 2006. The trial court s order denied plaintiff s motion to strike defendant s answer to the complaint and for entry of a default judgment. (2) Plaintiff filed an application for certification to take an interlocutory appeal in the Court of Chancery on February 27, 2006. The Court of Chancery denied the certification application on February 28, 2006. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, the 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. BY THE COURT: /s/ Myron T. Steele Chief Justice -2-

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