IN THE SUPERIOR COURT OF THE STATE OF DELAWARE

NICHOLS NURSERY INC., D/B/A, )

NICHOLS EXCAVATION )

)

Plaintiff, )

)

v. ) C.A. No. N17C-05-001 ALR

)

SCOTT LOBDELL, BRIAN ELLIS, )

Individually and d/b/a DELAWARE )

SPORTS COMPLEX, LCC, )

DELAWARE SPORTS COMPLEX, )

LLC and DANIEL WATSON )

)

Defendants. )

Submitted: June 30, 2017

Decided: July 19, 2017

 ORDER

Upon Defendant Scott Lobdell’s Motion to Dismiss

 DENIED

Upon Defendant Delaware Sports Complex, LLC’s Motion to Stay

GRANTED IN PART and DENIED IN PART

Plaintiff Nichols Nursery, Inc. (“Plaintiff”) initiated this lawsuit on May 1, 

2017, alleging breach of contract and several claims of tortious conduct. 

Defendants Scott Lobdell and Brian Ellis are parties to this action in their capacity 

as individuals, and as Delaware Sports Complex, LLC, a limited liability entity 

formed by Defendants. Defendant Scott Lobdell is self-represented and has filed a 
Motion to Dismiss Plaintiff’s Complaint in lieu of an answer. Defendant Brian 

Ellis has not appeared in these proceedings. 

On May 23, 2017, Defendant Delaware Sports Complex, LLC filed for 

bankruptcy, and the proceedings before this Court have been automatically stayed 

as against Defendant Delaware Sports Complex, LLC.

1

 Defendant Delaware 

Sports Complex, LLC has now filed a Motion to Stay this cause of action in its 

entirety. Plaintiff opposes Defendant Scott Lobdell’s Motion to Dismiss and 

Defendant Delaware Sports Complex, LLC’s Motion to Stay. 

First, Defendant Scott Lobdell’s Motion to Dismiss Plaintiff’s Complaint 

pursuant to Superior Court Civil Rule 12(b)(6) for failure to state a claim upon 

which relief can be granted must be decided solely on the allegations set forth in 

the complaint.2 The Court must accept all well-pleaded allegations in the 

Complaint as true and make all reasonable inferences in favor of the non-moving 

party.3 Factual allegations, even if vague, are well-pleaded if they provide notice 

of the claim to the other party.4 The Court should deny the motion if the claimant 

“may recover under any reasonably conceivable set of circumstances susceptible of 

 

1

See Super. Ct. Civ. R. 41(g). 

2 Walls v. Williams, 2006 WL 1133563, at *1 (Del. Super. Mar. 28, 2006); Jackson 

v. Fleming, 2005 WL 2090773, at *1 (Del. Super. Apr. 27, 2005).

3

Ramunno v. Cawley, 705 A.2d 1029, 1034 (Del. 1998); Spence v. Funk, 396 A.2d 

967, 968 (Del. 1978). 

4

Spence, 396 A.2d at 968.
proof.”5

 Upon accepting the allegations in Plaintiff’s Complaint as true with all 

reasonable inferences made in favor of Plaintiff, the Court finds that there is a 

reasonably conceivable set of circumstances under which Plaintiff could establish

Defendant Scott Lobdell’s liability to Plaintiff. Accordingly, the Court declines to 

dismiss the claims against Defendant Scott Lobdell as a matter of law. 

Second, with respect to Defendant Delaware Sports Complex, LLC’s Motion 

to Stay, the Court rejects Defendant Delaware Sports Complex, LLC’s contention

that filing for bankruptcy requires a stay of lawsuits against non-debtor entities or 

persons. Furthermore, under the circumstances presented here, the Court declines 

to exercise its discretion to stay this action as to the individual Defendants pursuant 

to Superior Court Civil Rule 41(g). Instead, the Court will stay this action for 90 

days to allow any persons who seek the protection of 11 U.S.C. § 362 to apply to 

the United States Bankruptcy Court for relief. After 90 days, the stay will be lifted 

and the action in this Court shall proceed against Defendants Scott Lobdell and

Brian Ellis as long as the United States Bankruptcy Court does not extend the 

automatic stay to those persons. 

NOW, THEREFORE, this 18th day of July, 2017, Defendant Scott 

Lobdell’s Motion to Dismiss is hereby DENIED, and Defendant Delaware 

 

5

Id.
Sports Complex, LLC’S Motion to Stay this action is hereby DENIED in part 

and GRANTED in part. This action is hereby stayed for 90 days.

IT IS SO ORDERED.

Andrea L. Rocanelli

______________________________

The Honorable Andrea L. Rocanelli