Smashburger Master LLC v. David Prokupek

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EFiled: Oct 28 2015 04:44PM EDT Transaction ID 58082662 Case No. 9898-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 October 28, 2015 Tammy L. Mercer, Esquire Young Conaway Stargatt & Taylor, LLP 1000 North King Street Wilmington, DE 19801 Re: Robert W. Mallard, Esquire Dorsey & Whitney (Delaware) LLP 300 Delaware Avenue, Suite 1010 Wilmington, DE 19801 Smashburger Master LLC v. Prokupek C.A. No. 9898-VCN Date Submitted: July 28, 2015 Dear Counsel: I write regarding the Proposed Order filed by the Special Master on July 16, 2015, revised on July 21, 2015. One objection was filed by Smashburger Master LLC. The objection sought to exclude proposed Prokupek Exhibit 8. The debate is whether the document was acquired improperly. The objection is overruled. I am satisfied that the independent firm(s) should be allowed access. The potential prejudice is minimal, and resolving the Smashburger Master LLC v. Prokupek C.A. No. 9898-VCN October 28, 2015 Page 2 apparent factual dispute1 about how access to the document was obtained should not be pursued because of the risk of delay. With that conclusion, to the extent that it may be necessary, the Special Master’s order is confirmed. IT IS SO ORDERED. Very truly yours, /s/ John W. Noble JWN/cap cc: Neal C. Belgam, Esquire Register in Chancery-K 1 See Declaration of David Prokupek (July 28, 2015) ¶¶ 2-6.

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