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Charge Injection Techs., Inc. v. E.I. DuPont De Nemours & Co.

Supreme Court of Delaware

April 7, 2014

CHARGE INJECTION TECHNOLOGIES, INC., a Delaware corporation, Plaintiff Below-Appellant,
v.
E.I. DuPONT de NEMOURS AND COMPANY, a Delaware corporation, Defendant Below-Appellee

Submitted April 3, 2014

Case Closed April 7, 2014.

Editorial Note:

This decision has been designated as "Table of Decisions Without Published Opinions." in the Atlantic Reporter.

Court Below--Superior Court of the State of Delaware, in and for New Castle County. C.A. No. N07C-12-134.

Before HOLLAND, BERGER, and JACOBS, Justices.

OPINION

Carolyn Berger, Justice

ORDER

This 7th day of April 2014, it appears to the Court that:

(1) The plaintiff-appellant, Charge Injection Technologies, Inc. (" CIT" ), has petitioned this Court, pursuant to Supreme Court Rule 42, to accept an appeal from an interlocutory order of the Superior Court, dated February 27, 2014, which denied in part and deferred in part CIT's motion for protective order and for dissolution of the stay of proceedings.

(2) CIT filed its application for certification to take an interlocutory appeal in the Superior Court on March 7, 2014. The defendant-appellee, DuPont, filed its response in opposition on March 17, 2014. The Superior Court denied the certification application on April 1, 2014.

(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.


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