Salvatore v. Visenergy, Inc., C.A. No. 10108-CB (Del. Ch. Oct. 6, 2014). This short letter ruling is noteworthy in passing as a reminder that in Section 225 cases, a trial date will often be scheduled within 60 days of filing a complaint. The substantive issue in this case surrounded a written consent of shareholders to elect board members, but this decision related to a request for a continuance of the trial
In this decision, the court refused to postpone a trial date set for 45 days from the complaint being filed. The “intervening holidays” and related excuses did not prevail. Nor did the fact that one party was pro se. DGCL Section 225 allows for expedited proceedings to determine the validity of board elections. This type of expedited proceeding is one of the “sweet spots” of Delaware corporate litigation.