In the case of Visbal Salgado v. Mobile Services International, LLC, et al., C.A. No. 5268-VCN (Del. Ch. July 10, 2012), the Court of Chancery reviewed Defendants’ motion for reargument under Rule 59(f) of the Court of Chancery Rules in connection with the Court’s decision of June 27, 2012, which allowed a limited period of time for closing out written discovery in this matter. For a link to this opinion, click here. The thrust of Defendants’ motion relates to the cost of litigation and the burden imposed upon them, and highlights the problems that additional expenses associated with additional discovery would cost them.
While the Court was sympathetic to Defendants’ argument, agreeing that the costs are excessive in comparison to that which was at stake, the Court ultimately assessed the motion under the parameters of Rule 59(f), holding that to succeed on such a motion, the moving party must show that the Court misunderstood a material fact or misapplied the law. Predictably, the Court held that Defendants failed to satisfy either of the prongs of the applicable standards, and denied Defendants' motion.