Andrew Durham v. Grapetree, LLC

• Court: Court of Chancery of Delaware
• Decided: September 4, 2020
• Docket: CA No. 2019-0366-SG
• Status: Published

Opinion

COURT OF CHANCERY OF THE SAM GLASSCOCK III STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE VICE CHANCELLOR 34 THE CIRCLE GEORGETOWN, DELAWARE 19947

September 4, 2020

Rachel Bleshman, Esq. Sergovic Carmean Weidman McCartney & Owens, P.A. 75 Chestnut Street Georgetown, DE 19947

RE: Durham v. Grapetree, LLC, C.A. No. 2019-0366-SG

Dear Special Master Bleshman:

This letter is to clarify your duties under my Order of August 20, 2020,

appointing you Special Master in this matter. My Order dated November 19, 2019

(the “Order”), required Defendant to provide to Plaintiff certain records consistent

with the Settlement Agreement and Mutual Release of 2012 (which I have attached

to this letter) and, going forward, to provide monthly financial statements to all

Members of the LLC. The Plaintiff has moved to compel compliance with this

Order; the Defendant avers that it has substantially complied. I have appointed

you to determine whether the Defendant in fact is in compliance, and, if not, in

what manner it is delinquent. I ask that you file a Master’s Report with your

conclusion once you are able to answer these questions. Plaintiff has submitted multiple exhibits to this Court detailing what he

contends are incomplete records of the Defendant that do not comply with the

Order. Please review these documents to determine Defendant’s compliance. You

may also request additional documents from either party to the extent necessary to

complete this assignment, and, if you determine it is helpful, proceed by

evidentiary hearing and/or oral argument.

To the extent the foregoing requires an order to take effect, it is SO

ORDERED.

Sincerely,

/s/ Sam Glasscock III

Sam Glasscock III