Laurel School District, et al. v. Jane Doe #1

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IN THE SUPREME COURT OF THE STATE OF DELAWARE LAUREL SCHOOL DISTRICT; ROBERT L. WHALEY, SAMUEL A. TYNDALL, and RICHARD A. GIVENS, II, all individually and in their official capacities as members of the Board of Education of the Laurel School District; DR. JOHN MCCOY, in his official capacity as Superintendent of the Laurel School District; and HEINZ RETZLAFF, individually, Defendants BelowAppellants, v. JANE DOE #1, Plaintiff BelowAppellee. § § § § § § § § § § § § § § § § § § § § § No. 207, 2010 and No. 211, 2010 Court Below Superior Court of the State of Delaware, in and for Kent County C.A. No. 09C-06-020 Submitted: April 14, 2010 Decided: April 20, 2010 Before STEELE, Chief Justice, JACOBS, and RIDGELY, Justices. ORDER This 20th day of April 2010, it appears to the Court that: (1) The defendants below have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court, dated March 16, 2010, denying the defendants motion to dismiss and granting the plaintiff ten days to either amend her complaint or request leave of the trial court to file her case caption under seal. (2) The defendants filed their application for certification to take an interlocutory appeal in the Superior Court on April 6, 2010. The Superior Court denied the certification application on April 14, 2010. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, we have 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 be REFUSED. BY THE COURT: /s/ Henry duPont Ridgely Justice -2-

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