In Re Seneca Investments LLC, 2008 WL 2890955 (Del. Ch., July 18, 2008), read opinion here.
This case involved a motion for commission which was filed after the defendant had moved for stay of all discovery pending a resolution of a motion for judgment on the pleadings. The Chancery Court questioned the standing of the defendant company to object to a motion for commission directed to a third party but in any event granted the motion for commission finding that discovery was relevant to the counterclaims and the defense to those counterclaims.