In Re Cogent, Inc.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE IN RE COGENT, INC. SHAREHOLDERS LITIGATION § § § § § § § § No. 648, 2010 Court Below Court of Chancery of the State of Delaware Consol. C.A. No. 5780 Submitted: October 15, 2010 Decided: October 19, 2010 Before STEELE, Chief Justice, HOLLAND and RIDGELY, Justices. ORDER This 19th day of October 2010, it appears to the Court that: (1) The plaintiffs/appellants have petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from the Court of Chancery s October 5, 2010 opinion denying their motion for a preliminary injunction. By order dated October 15, 2010, the Court of Chancery denied the plaintiffs/appellants application for certification. (2) Applications for interlocutory review are addressed to the sound discretion of this Court and are granted only in exceptional circumstances. We have examined the Court of Chancery s October 5, 2010 opinion according to the criteria set forth in Supreme Court Rule 42 and have concluded that exceptional circumstances as would merit review of that decision do not exist in this case. NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory appeal is REFUSED. BY THE COURT: /s/ Myron T. Steele Chief Justice
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