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Rainbow Mountain, Inc. v. Begeman

Court of Chancery of Delaware

December 5, 2019

RAINBOW MOUNTAIN, INC., a Delaware corporation, Plaintiff/Counterclaim Defendant,
v.
TERRY BEGEMAN, Defendant/Counterclaim Plaintiff and Third Party Plaintiff,
v.
JEFFREY BEGEMAN, SUSAN BEGEMAN, MYSTIE BEGEMAN, LAURIE LARIMAR, JASON BEGEMAN, MELANIE KETCHUM, TODD BEGEMAN, BONNIE BEGEMAN, JUSTIN BEGEMAN, COREY BEGEMAN, EMILY MCGEE, CINDY DALLWIG, ROGER DALLWIG, JENNIFER RAY, JEREMY NICHILO, CARLY NICHILO, JOSHUA NICHILO, and MARK BEGEMAN, Third-Party Defendants.

          ORDER

          Tamika Montgomery-Reeves, Vice Chancellor.

         WHEREAS, on June 4, 2018, Plaintiff Rainbow Mountain, Inc. ("RMI") filed a Complaint for Declaratory Relief (the "Complaint");

         WHEREAS, on November 9, 2018, Defendant Terry Begeman ("Terry")[1] filed Defendant's Verified Answer and Consolidated Affirmative Defense (the "Answer") and Defendant's Verified Counterclaim for Declaratory Judgment (the "Counterclaim");

         WHEREAS, on January 14, 2019, Brian T.N. Jordan ("Jordan") filed a Motion to Withdraw/Stay (the "Motion to Withdraw");

         WHEREAS, on January 30, 2019, Terry filed Terry Begeman's Reply to Plaintiff Counsel's Motion to Withdraw and to Plaintiff's Motion to Stay (the "Opposition");

         WHEREAS, on February 8, 2019, this Court entered an Order Addressing Motion to Withdraw (the "February 8 Order");

         WHEREAS, on March 8, 2019, Potter Anderson & Corroon LLP ("Potter Anderson") entered its appearance on behalf of RMI.

         WHEREAS, on May 1, 2019, Jordan filed a Stipulation and [Proposed] Order Regarding Substitution of Counsel;

         WHEREAS, on May 2, 2019, this Court granted the Stipulation and [Proposed] Order Regarding Substitution of Counsel;

         WHEREAS, on July 23, 2019, Terry filed Defendant Terry Begeman's Petition Based Upon His Objection to Counsel's May 01, 2019 Motion For a Stipulation and [Proposed] Order Regarding Substitution of Counsel (the "Petition") and Defendant Terry Begeman's Motion to Set Aside a Default Judgment or in the Alternative Motion to Dismiss (the "Motion to Stay");

         WHEREAS, on August 30, 2019, RMI opposed the Petition and Motion to Stay;

         WHEREAS, on September 16, 2019, Terry filed Defendant Terry Begeman's Consolidated Reply Brief to Plaintiff Rainbow Mountain's Aug. 30, 2019 Opposition (the "Reply");

         WHEREAS, on October 15, 2019, the Court heard ...


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