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Hall v. Coupe

Court of Chancery of Delaware

February 25, 2015

Hall
v.
Coupe

Date Submitted: February 16, 2015

Dear Mr. Hall, Mr. Howard, and Counsel:

A motion for a default judgment has been filed in the above-referenced matter. Although the time allotted for filing an answer has expired, counsel have entered their appearances on behalf of the State Defendants. As a general matter, litigation on the merits instead of entry of a default judgment is the preferred method for resolving a case. In this instance, there is a more fundamental problem. By 10 Del. C. § 3103(c), service upon the Defendants, who have been sued in their capacity as employees of the State, must be made upon the Attorney General, the Chief Deputy Attorney General, or the State Solicitor. No effort was made to satisfy this requirement. Because the statute was not complied with, service of process has not been completed, and a default judgment may not be entered. Accordingly, the Motion for Default Judgment is denied.

IT IS SO ORDERED.

Very truly yours,

John W. Noble


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