IN THE SUPERIOR COURT OF THE STATE OF DELAWARE 
IN AND FOR NEW CASTLE COUNTY 


GARY COHEN,
Appellant, 
v. 
ALLIED BARTON SECURITY 
SERVICES and UNEMPLOYMENT
INSURANCE APPEAL BOARD,  
Appellees. 


Submitted: June 22, 2007 
Decided: August 24, 2007 
On Appeal from a Decision of the Unemployment Insurance Appeal Board. 

REVERSED AND REMANDED. 

ORDER 

Gary Cohen, Smyrna, Delaware, pro se. 
Allied Barton Security Services, King of Prussia, Pennsylvania, pro se. 
Mary Page Bailey, Deputy Attorney General, Department of Justice, 
Wilmington, Delaware, Attorney for Unemployment Insurance Appeal 
Board. 
COOCH, J. 

This 24th day of August 2007, upon consideration of Appellant’s 
appeal from an April 5, 2006 decision of the Unemployment Insurance 
Appeal Board (the “Board”), it appears to the Court that: 

1. Gary Cohen (“Appellant”) filed an appeal in this Court on May 17, 
2006 from an April 5, 2006 decision of the Board. According to the briefing 
schedule set by the Court, Allied Barton Security Services (“Appellee”) had 
until August 10, 2006 to file its answering brief.1 On October 13, 2006, the 
Court sent Appellee a “Final Delinquent Brief Notice,” indicating that “the 
Court will decide the issue on papers which have been filed if no further 
action of record is taken within ten (10) days from the date of this notice.”2 
The Court again wrote to Appellee, at both addresses of record, on 
December 1, 2006 stating that failure to file an answering brief by December 
29, 2006 “may result in the Court deeming the appeal as unopposed.”3 The 
Court sent Appellee a third letter on June 11, 2007 notifying Appellee that 
the Court still had not received an answer to the appeal.4 To date, Appellee 
has not filed anything in this appeal on its behalf. 
2. Superior Court Civil Rule 107(e) states: 

If any brief, memorandum, deposition, affidavit, or any other paper which 
is or should be part of a case pending in this Court, is not served and filed 
within the time and in the manner required by these Rules or in 
accordance with any order of the Court or stipulation of counsel, the Court 
may in its discretion, dismiss the proceeding if the plaintiff is in default, 
consider the motion as abandoned, or summarily deny or grant the motion, 
such as the situation may present itself, or take such other action as it 
deems necessary to expedite the disposition of the case. 

This Court has held that “Rule 107(e) inextricably vests in the Court 
the power to reverse the Board's decision for failure of the Appellee to 
file its answering brief.”5 Despite adequate notice, Appellee has not 
filed an answering brief, nor has it provided any explanation for its 
inaction. Therefore, due to “Appellee's failure to diligently prosecute 
and file its brief pursuant to Rule 107(e)” the April 5, 2006 decision of 
the Board is REVERSED.6 The case is REMANDED to the Board 
for the purpose of reinstituting the decision of the Claims Deputy. 

IT IS SO ORDERED. 
_____________________