Tumlinson, et al. v. Advanced Micro Devices, Inc.
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IN THE SUPREME COURT OF THE STATE OF DELAWARE WENDOLYN TUMLINSON, JAKE ALBERT TUMLINSON, JOSHUA EDWARD TUMLINSON, JILLVEH ONTIVEROS, and PARIS ONTIVEROS, by her natural mother and next friend JILLVEH ONTIVEROS Plaintiffs BelowAppellants, v. ADVANCED MICRO DEVICES, INC., Defendant BelowAppellee. § § § § § § § § § § § § § § § § No. 53, 2012 Court Below Superior Court of the State of Delaware, in and for New Castle County C.A. No. 08C-07-106 Submitted: February 8, 2012 Decided: February 21, 2012 Before STEELE, Chief Justice, HOLLAND, and JACOBS, Justices. ORDER This 21st day of February 2012, 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 an interlocutory order of the Superior Court dated January 6, 2012. The trial court s order granted the defendant s motion to exclude the opinion testimony of the plaintiffs expert witness. (2) The plaintiffs filed their application for certification to take an interlocutory appeal in the Superior Court on January 17, 2012. The Superior Court denied the certification application on February 6, 2012. (3) Applications for interlocutory review are addressed to the sound discretion of this Court. In the exercise of its discretion, this 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 be REFUSED. BY THE COURT: /s/ Randy J. Holland Justice -2-
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