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Cartanza v. Cartanza, et al.
State: Delaware
Court: Delaware District Court
Docket No: CA #7618-VCP
Case Date: 04/16/2013
Plaintiff: Cartanza
Defendant: Cartanza, et al.
Preview:COURT OF CHANCERY
OF THE
STATE OF DELAWARE

DONALD F. PARSONS, JR.
VICE CHANCELLOR
  
New Castle County Courthouse
500 N. King Street, Suite 11400
Wilmington, Delaware 19801-3734






Date Submitted:  January 23, 2013
Date Decided:  April 16, 2013




David N. Williams, Esq.
John L. Williams, Esq.
Brian C. Crawford, Esq.
The Williams Law Firm, P.A.
1201 North Orange Street, Suite 600
Wilmington, DE 19801
  

William E. Manning, Esq.
Nichole C. Alling, Esq.
Saul Ewing LLP
222 Delaware Avenue, Suite 1200
Wilmington, DE 19801


  


RE: Cartanza v. Cartanza, et al.
Civil Action No. 7618-VCP

Dear Counsel:

This action is before me on Plaintiff, Paul P. Cartanza, Sr..s, motion to compel the deposition of Defendant Sandra L. Cartanza, Paul.s1 74 year-old mother, and a related request under Court of Chancery Rule 37 for reimbursement of the attorneys. fees and costs Paul incurred in pursuing his motion.  Sandra is the sole and managing member of Defendant Cartanza Storage, LLC, and purports to be the sole shareholder of Nominal
1  First names are used throughout this Letter Opinion for clarity and without intending any disrespect or familiarity.

Defendant Cartanza Grain, Inc.  Paul.s claims stem from various allegedly wrongful actions of Sandra, including the alleged conversion of Paul.s interest in Cartanza Grain, Inc.  Because the bulk of Paul.s motion to compel was mooted by the parties. agreement to take Sandra.s deposition, the only issue that remains is Paul.s request for reimbursement of his attorneys. fees and costs.
I. BACKGROUND


On September 14, 2012, Paul.s counsel, John L. Williams, emailed Sandra.s counsel, William E. Manning, requesting to take Sandra.s deposition on one of three proposed dates.  After receiving no response, John Williams again wrote Manning on September 18, stating that
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