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SOLOW v. ASPECT RESOURCES, LLC

No. 484, 2011.

46 A.3d 1074 (2012)

Sheldon H. SOLOW, Plaintiff Below, Appellant, v. ASPECT RESOURCES, LLC, Aspect Energy, LLC, Aspect Management Corp., and Alex M. Cranberg, Defendants Below, Appellees.

Supreme Court of Delaware.

Decided: March 16, 2012.

Corrected: March 19, 2012.

Reargument and Rehearing En Banc Denied April 5, 2012.

Attorney(s) appearing for the Case

R. Karl Hill, Esquire and Patricia P. McGonigle, Esquire , Seitz, Van Ogtrop & Green, P.A., Wilmington, Delaware. Of Counsel: Ira Lee Sorkin, Esquire , Donald A. Corbett, Esquire (argued) and Daniel K. Roque, Esquire , Lowenstein Sandler PC, New York, New York for Appellants.

Jon E. Abramczyk, Esquire (argued) and Matthew R. Clark, Esquire , Morris, Nichols, Arsht & Tunnell LLP, Wilmington, Delaware for Appellees.

Before BERGER, JACOBS and RIDGELY, Justices.

BERGER, Justice:

In this appeal we consider whether the Court of Chancery abused its discretion in dismissing Appellant's amended complaint for failure to prosecute. Appellant contends that, notwithstanding more than two years of inactivity, it established good cause for its failure to prosecute — change of counsel and settlement negotiations. The trial court found that Appellant's showing was insufficient to overcome...

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