D&D Manufacturing, LLC v. Envirokare Composite Corporation

IN THE SUPREME COURT OF THE STATE OF DELAWARE D&D MANUFACTURING, LLC § and DALE POLK JR., §

§ No. 141, 2024

Defendants Below, § Appellants, § Court Below—Court of Chancery

§ of the State of Delaware

v. §

§ C.A. No. 2022-1202

ENVIROKARE COMPOSITE § CORPORATION, derivatively on § behalf of Nominal Defendant LRM § INDUSTRIES INTERNATIONAL, § INC., §

§ Plaintiff Below, § Appellee. §

Submitted: April 15, 2024 Decided: May 20, 2024

Before VALIHURA, TRAYNOR, and LEGROW, Justices.

ORDER

After consideration of the notice and supplemental notice of appeal from an interlocutory order and the exhibits, it appears to the Court that:

(1) The defendant-appellants have petitioned this Court under Supreme Court Rule 42 to accept an interlocutory appeal from a Court of Chancery bench ruling, issued March 6, 2024, denying their motion to dismiss for lack of personal jurisdiction. On March 20, 2024, the appellants filed an application for certification of an interlocutory appeal. The appellees opposed the application. The Court of Chancery denied the application, finding that it was untimely and that the appellants had failed to demonstrate good cause to excuse their untimely application. The Court of Chancery also concluded that the balance of the Rule 42(b) factors weighed against certifying the appeal.

(2) In the exercise of our discretion,1 we conclude that the interlocutory appeal should be refused. The application for certification was untimely because it was filed more than ten days after the Court of Chancery’s March 6, 2024 ruling, and the appellants did not establish good cause to excuse their untimely application.2

NOW, THEREFORE, IT IS ORDERED that the interlocutory appeal is REFUSED.

BY THE COURT: /s/ Gary F. Traynor Justice