A recent decision by the Delaware Court of Chancery provides a handy reminder of the standards the court applies to determine when it will grant a motion to expedite. In Silverberg v. Munshi, C.A. No. 2022-0018-PAF (Del. Ch. Jan. 10, 2022), the court explained that:
Although our court is well known for being responsive to plaintiffs seeking expedited proceedings in order to obtain injunctive relief, a plaintiff must first plead a colorable claim and demonstrate a sufficient threat of irreparable harm warranting the costs of expedited proceedings.
Slip op. at 4.
The court determined in its discretion that the motion to expedite did not meet the prerequisites, and denied the motion as being “facially without merit”.
Notable about this decision is that it decided a motion that was filed on Jan. 5, 2022, with the complaint, and denied by this letter decision on Jan. 10–before a response to the motion appears to have been filed. Motions to Expedite are commonly granted in Chancery, but this ruling proves what most practitioners know: not all such motions are granted.