Court to Litigants: Choose Between Motion to Dismiss or Motion for Summary Judgment
In Bedrock Technologies, LLC v. Earthwater Technology International, Inc., read opinion here, the Chancery Court employs a short letter opinion to provide instructional tips for practitioners on the procedural distinction between a motion to dismiss and a motion for summary judgment. In essence, the court advised that a party needs to decide whether it will rest on the pleadings to file a motion to dismiss--or if it will seek a broader scope of argument for a motion for summary judgment, which will then open the door to the likely right of the opposing party to engage in discovery before the court can rule on the motion.
