*1 Before STRINE , Chief Justice; VALIHURA , and SEITZ , Justices; CLARK , SURLES , Judges,  constituting the Court en Banc .

ORDER This 28 th day of June 2017, after careful consideration of the parties’ briefs and the record on appeal, we find it evident that the final judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in its November 16, 2016 Order.

NOW, THEREFORE, IT IS ORDERED that the final judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Justice  Sitting by designation under Del. Const. art. IV, § 12.