COURT OF CHANCERY
OF THE
SAM GLASSCOCK III STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE
VICE CHANCELLOR 34 THE CIRCLE
GEORGETOWN, DELAWARE 19947
Date Submitted: May 4, 2017
Date Decided: May 4, 2017
Stephen P. Norman, Esquire E. Chaney Hall, Esquire
30838 Vines Creek Rd., Unit 3 Fox Rothschild LLP
Dagsboro, DE 19939 919 N. Market Street, Suite 300
Wilmington, DE 19801
Re: Stephen P. Norman v. Chicago Title Insurance Co.,
Civil Action No. 12781-VCG
Dear Counsel:
The Defendant moved to dismiss this matter, alleging failure to state a claim
and lack of both personal and subject matter jurisdiction. The motion was briefed
and argued. At oral argument today, I found that Plaintiff’s Complaint failed to
establish subject matter jurisdiction in the Court of Chancery. Thus, the matter is
dismissed, subject to the Plaintiff’s election to transfer to the Superior Court within
60 days of this Order, pursuant to 10 Del. C. Section 1902.
At the end of the argument, the Plaintiff sought leave to amend his Complaint,
only so as to establish equitable jurisdiction. I indicated such an amendment was
prohibited under Court of Chancery Rule 15(aaa). This was an error: Rule 15(aaa)
prohibits amendment after briefing a motion to dismiss under Rules 12(b)(6) and
23.1.1 While the Defendant did seek dismissal in part under Rule 12(b)(6), and
therefore the Plaintiff is foreclosed from amending his complaint to address
deficiencies under that rule at this stage of the proceedings, I granted the motion to
dismiss under Rule 12(b)(1), for lack of subject matter jurisdiction. Amendment,
for the purposes of establishing subject matter jurisdiction, is therefore controlled by
Rule 15(a), and not prohibited under 15(aaa). To the extent my bench ruling of this
date is to the contrary, it is withdrawn. Accordingly, the matter is dismissed for lack
of subject matter jurisdiction. The Plaintiff may transfer the matter to Superior Court
within 60 days, or may pursue amendment subject to Rule 15(a), as he finds
appropriate.
To the extent the foregoing requires an Order to take effect, IT IS SO
ORDERED.
Sincerely,
/s/ Sam Glasscock III
Sam Glasscock III
1
See Ch. Ct. R. 15(aaa) (“Notwithstanding subsection (a) of this Rule, a party that wishes to
respond to a motion to dismiss under Rules 12(b)(6) or 23.1 by amending its pleading must file
an amended complaint, or a motion to amend in conformity with this Rule, no later than the time
such party's answering brief in response to either of the foregoing motions is due to be filed.”)
(emphasis added).
2