SUPERIOR COURT
OF THE
STATE OF DELAWARE
Mary M. Johnston New Castle County Courthouse
Judge 500 North King Street, Suite 10400
Wilmington, DE 19801-3733
Telephone (302) 255-0668
December 4, 2014
Blake A. Bennett, Esquire Michael P. Kelly, Esquire
Cooch & Taylor, P.A. McCarter & English
The Brandywine Building Renaissance Centre
1000 West Street, 10th Floor 405 North King Street, 8 th Floor
Wilmington, DE 19801 Wilmington, DE 19801
Re: PICA v. Hewlett-Packard Company
C. A. No. N12C-06-196 MMJ CCLD
Dear Counsel:
I am considering Hewlett-Packard’s Motion for Expedited Limited Relief from
Judgment or Order Pursuant to Rule 60(b) and Hewlett-Packard’s Motion, Pursuant
to Rule 62, to Stay Execution of Judgment Pending Resolution of Motions and Post-
Trial Appeal (Hewlett-Packard’s Judgment Motions”).
The Order entered November 13, 3014 clearly contemplated that the Court
would retain jurisdiction, pending resolution of the 5 enumerated Motions. I am not
persuaded that there is any substantive distinction between orders entered under Rules
54(b) and 58(1). Rule 58(1) is explicitly subject to the provisions of Rule 54(b).
However, it is in the interest of all parties to avoid any potential procedural
quagmire. The logical path forward is to resolve the outstanding post-trial motions
without divesting the Superior Court of jurisdiction through a premature appeal.
PICA shall file its response to Hewlett-Packard’s Judgment Motions by
December 10, 2015. Specifically, what is PICA’s position on the propriety of a stay
of execution of the judgment, on the condition of a supercedeas bond? Obviously,
the best result would be if the parties can reach an agreement that preserves appellate
rights, as well as orderly presentation of post-trial motions.
SO ORDERED.
/s/ Mary M. Johnston___
Judge Mary M. Johnston