Mack v. Heron Bay Associates, LLC, et al.

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COURT OF CHANCERY OF THE STATE OF DELAWARE BONNIE W. DAVID MAGISTRATE IN CHANCERY COURT OF CHANCERY COURTHOUSE 34 THE CIRCLE GEORGETOWN, DE 19947 December 15, 2023 Dean A. Campbell, Esquire Law Offices of Dean Campbell, PA 703 Chestnut Street Milton, Delaware 19968 RE: Jeffrey Weiner, Esquire The Law Offices of Jeffrey M. Weiner, PA 1332 King Street Wilmington, Delaware 19801 Mack v. Heron Bay Associates, LLC, et al., C.A. No. 2019-0588-BWD Dear Counsel: I write concerning Defendants’ Notice of Exceptions to Magistrate’s Post Trial Final Report (the “Notice”), filed with the Court on December 14, 2023. Dkt. 76. In the Notice, Defendants state that they “take exception to the Master’s [sic] Final Report issued on December 7, 2023 . . . to the extent that Magistrate David did not award Defendants their reasonable attorneys’ fees . . . .” Id. Although styled as “exceptions,” I consider the Notice to be a request for clarification of my December 7, 2023 Post-Trial Final Report in this matter (the “Post-Trial Final Report”). See Dkt. 75. To clarify, the Post-Trial Final Report did not decide requests for attorneys’ fees. Any party may file a motion seeking Mack v. Heron Bay Associates, LLC, et al., C.A. No. 2019-0588-BWD December 15, 2023 Page 2 of 2 attorneys’ fees within thirty days from the resolution of any exceptions to the PostTrial Final Report. This letter resolving Defendants’ request for clarification is a final report pursuant to Court of Chancery Rule 144. To facilitate the orderly resolution of exceptions in this matter, exceptions to this final report must be filed no later than Wednesday, December 20, 2023.1 Sincerely, /s/ Bonnie W. David Bonnie W. David Magistrate in Chancery cc: 1 All counsel of record (by File & ServeXpress) See Ct. Ch. R. 144(d) (“Unless otherwise agreed by the parties or directed by the Magistrate in Chancery or the Court, the following schedule shall govern the taking and briefing of exceptions . . . .”) (emphasis added).

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