The Manchester Group and Subsidiaries, Formerly Torrey Enterprises, Inc., and Subsidiaries, Formerly Torrey Development Corporation and Subsidiaries - Page 16

                                         - 16 -                                       

          petitioners' stratagem of "buying time" by intentionally waiting            
          until the 11th hour to submit the Motion for Litigation Costs.              
               E. Conclusion                                                          
               Whether to grant or deny a motion for leave is a matter that           
          lies within the sound discretion of the Court.   In ruling on               
          such a motion, we are guided primarily by whether it would be in            
          the interest of justice to vacate the prior decision.                       
               Justice does not require us to vacate the prior decision in            
          this case.  Petitioners' counsel intentionally delayed mailing              
          the Motion for Leave to the Court until the 89th day after the              
          Decision had been entered.  Significantly, there was no good                
          cause for such delay.  Further, respect for the judicial system             
          is compromised when a party, in pursuit of its own litigation               
          strategy, is permitted to disregard the procedures established by           
          this Court for the orderly disposition of disputes.                         
               In view of the foregoing, we will deny petitioners' Motion             
          for Leave.  Accordingly, we need not address petitioners' Motion            
          to Vacate.                                                                  
               To reflect the foregoing,                                              

                                             An appropriate order will                
                                        be issued.                                    

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  

Last modified: May 25, 2011