Smollar v. Potarazu

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EFiled: May 07 2015 03:27PM EDT Transaction ID 57203071 Case No. 10287-VCN COURT OF CHANCERY OF THE STATE OF DELAWARE JOHN W. NOBLE VICE CHANCELLOR 417 SOUTH STATE STREET DOVER, DELAWARE 19901 TELEPHONE: (302) 739-4397 FACSIMILE: (302) 739-6179 May 7, 2015 Sidney S. Liebesman, Esquire Montgomery, McCracken, Walker & Rhoads, LLP 1105 North Market Street, Suite 1500 Wilmington, DE 19801 David L. Finger, Esquire Finger & Slanina, LLC One Commerce Center 1201 N. Orange Street, 7th Fl. Wilmington, DE 19801 Robert D. Goldberg, Esquire Biggs and Battaglia 921 North Orange Street Wilmington, DE 19801 Re: Smollar v. Potarazu C.A. No. 10287-VCN Date Submitted: March 19, 2015 Dear Counsel: The Court has allowed the Special Review Committee more than sufficient time to perform its tasks. To avoid disruption, the Court will allow the de facto stay to remain in place until May 22, 2015. A further stay for efforts of the Special Review Committee simply is not warranted. Thus, effective as of May 22, 2015, the Motion to Stay is denied. Smollar v. Potarazu C.A. No. 10287-VCN May 7, 2015 Page 2 The Special Review Committee’s Motion to Stay also contained, in the alternative, a request to “realign the litigation,” with the effect that it would be substituted as plaintiff. If it continues to seek this relief, counsel should confer on a brief schedule or other approach for dealing with this application. These specific items are not subject to any stay. IT IS SO ORDERED. Very truly yours, /s/ John W. Noble JWN/cap cc: Register in Chancery-K

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