Stone & Paper Investors, LLC v. Blanch ( 2020 )

COURT OF CHANCERY
OF THE
STATE OF DELAWARE
PAUL A. FIORAVANTI, JR. LEONARD L. WILLIAMS JUSTICE CENTER
VICE CHANCELLOR 500 N. KING STREET, SUITE 11400
WILMINGTON, DELAWARE 19801-3734
October 30, 2020
Richard I. G. Jones, Jr. Esquire Mr. Brian Skinner, pro se
Berger Harris LLP 111 Veronica Lane
1105 N. Market Street, Suite 1100 Bear, DE 19701
Wilmington, DE 19801 skinner.brian@gmail.com
Catherine Damavandi, Esquire Skinner Capital, LLC
Nurick Law Group, LLC c/o Mr. Brian Skinner
501 Silverside Road, Suite 95 56 Leonard Street
Wilmington, DE 19809 Apartment 38 BE
New York, NY 10013
skinner.brian@gmail.com
Re: Stone & Paper Investors, LLC v. Blanch et al.,
C.A. No. 2018-0394-PAF
Dear Counsel and Mr. Skinner:
The Court has reviewed Mr. Skinner’s October 26, 2020 letter, seeking
permission to file a motion for partial summary judgment. Dkt. 280. The basis for
the motion is that plaintiff Stone & Paper Investors, LLC (“Plaintiff”) has admitted
that it approved payments and loans made to Skinner Capital, LLC and that Albert
Carter, a manager of Plaintiff, “had complete control of the American Express card
in which charges are at issue.” Id. Mr. Skinner’s letter does not include any
Stone & Paper Investors, LLC v. Blanch et al.
C.A. No. 2018-0394-PAF
October 30, 2020
Page 2 of 3
exhibits or otherwise provide any citation to the discovery record in support of his
request for leave to file a motion for partial summary judgment.
“There is no ‘right’ to a summary judgment.” Telxon Corp. v. Meyerson,
802 A.2d 257, 262 (Del. 2002). Accordingly, “the court may, in its discretion,
deny summary judgment if it decides upon a preliminary examination of the facts
presented that it is desirable to inquire into and develop the facts more thoroughly
at trial in order to clarify the law or its application.” In re El Paso Pipeline P’rs,
L.P. Deriv. Litig., 2014 WL 2768782, at *9 (Del. Ch. June 12, 2014) (citations
omitted); see also The Williams Cos. v. Energy Transfer LP, 2020 WL 3581095, at
*11 (Del. Ch. July 2, 2020) (“[T]he court in its discretion may determine that a
trial record is necessary in the interests of justice.”).
This case is scheduled for trial in approximately six weeks, and the parties
have not completed depositions. Having recently decided a motion to dismiss the
Blanch Defendants’ counterclaims and third-party claims (Dkt. 158), presided over
numerous discovery disputes (see, e.g., Dkt. 127, 149, 207, 220, 248, 256, 270),
and a recent motion to amend (Dkt. 197), the Court is familiar with the claims and
issues in this case. Given the close proximity to trial, and that any motion for
partial summary judgment will not obviate the need for trial, the Court concludes
that it is desirable to consider the claims at issue on a full factual record developed
Stone & Paper Investors, LLC v. Blanch et al.
C.A. No. 2018-0394-PAF
October 30, 2020
Page 3 of 3
at trial. Accordingly, Mr. Skinner’s request to file a motion for partial summary
judgment is denied.
IT IS SO ORDERED.
Very truly yours,
/s/ Paul A. Fioravanti, Jr.
Vice Chancellor
PAF/dtw