The Court of Chancery of Delaware ruled that counsel failed to establish "excusable neglect" when it requested additional time to submit an expert witness report after the deadline for that report—as provided for in the court's previously issued scheduling order—had expired.

The litigation at issue concerned the wind-down and asset sale of Integrated Fuel Cell Technologies. In July 2010, the court entered a scheduling order at the parties' request which, among other things, set deadlines for expert reports and the completion of expert depositions. Thereafter, the parties ran into scheduling difficulties. According to plaintiff's counsel, an oral agreement was reached with defendants extending the deadline for expert reports. Plaintiff later moved to extend the time for expert reports on the basis of that agreement.