IN THE SUPREME COURT OF THE STATE OF DELAWARE
LYNN TILTON, §
§ No. 161, 2017
Defendant Below, §
Appellant, § Court Below—Court of Chancery of
§ the State of Delaware
v. §
§ C.A. No. 12946
ZOHAR II 2005–1, LIMITED and §
ZOHAR III, LIMITED, §
§
Plaintiffs Below, §
Appellees. §
Submitted: April 18, 2017
Decided: April 19, 2017
Before VALIHURA, VAUGHN, and SEITZ, Justices.
ORDER
This 19th day of April 2017, having considered the appellant’s notice and
supplemental notice of appeal from interlocutory order and related motions for stay
and to expedite, and the appellees’ motion to strike, it appears to the Court that:
(1) In a pending action filed under 8 Del. C. §§ 225 and 221, the
defendant-appellant, Lynn Tilton, has petitioned this Court, under Supreme Court
Rule 42, to accept an interlocutory appeal and to stay the proceedings in the Court
of Chancery. The interlocutory order on appeal is an April 4, 2017 bench ruling
that denied Tilton’s motion to sever or stay certain equity ownership issues from
the issues to be tried in the summary proceeding. Tilton contends that the issues
are complex and beyond the bounds of such a proceeding.
(2) The plaintiffs-appellees filed an opposition to Tilton’s application for
certification and for a stay of the proceeding. By order dated April 17, 2017 and
docketed on April 18, 2017, the Court of Chancery denied Tilton's application for
certification and motion for stay.
(3) Applications for interlocutory review are addressed to the sound
discretion of the Court1 and are granted only in exceptional circumstances.2 In this
case, the Court agrees with the Court of Chancery’s denial of Tilton’s application
for certification of an interlocutory appeal. The principles and criteria of Rule 42
do not weigh in favor of interlocutory review of the April 4 bench ruling denying
Tilton’s motion to stay or sever.
NOW, THEREFORE, IT IS HEREBY ORDERED that the interlocutory
appeal is REFUSED. The motion to stay and motion to strike are moot.
BY THE COURT:
/s/ Karen L. Valihura
Justice
1
Del. Supr. Ct. R. 42(d)(v).
2
Id. (b)(i)–(iii).
2