In re Swervepay Holdings Acquisition, LLC

• Court: Court of Chancery of Delaware
• Decided: October 21, 2024
• Docket: C.A. No. 2021-0447-KSJM
• Status: Published

Opinion

COURT OF CHANCERY OF THE STATE OF DELAWARE KATHALEEN ST. JUDE MCCORMICK LEONARD L. WILLIAMS JUSTICE CENTER CHANCELLOR 500 N. KING STREET, SUITE 11400 WILMINGTON, DELAWARE 19801-3734 October 21, 2024

Peter J. Walsh, Jr. A. Thompson Bayliss Nicholas D. Mozal Joseph A. Sparco Ryan M. Crowley Noah H. Brown Potter Anderson & Corroon LLP Caleb H. Theriot Hercules Plaza, 6th Floor Abrams & Bayliss LLP 1313 N. Market Street 20 Montchanin Road, Suite 200 Wilmington, DE 19801 Wilmington, DE 19807

Re: In re SwervePay Holdings Acquisition, LLC, C.A. No. 2021-0447-KSJM

Dear Counsel:

Thank you for your patience in rescheduling the pre-trial conference for

tomorrow morning at 9:15 a.m. Today has been a stressful day and knowing that I

can count on counsel to understand the need to move the hearing was a comfort.

You all have been less than understanding with each other, and that is

regrettable. You can do better. Dig deep and hit reset, please. Allow the Delaware

attorneys to advise on all aspects of this matter, including the relevant deadlines, the

need to meet them, and the need to extend basic courtesies like brief extensions when

requested. I am not sure what happened in these circumstances, but it also bears

reminding that non-Delaware attorneys should not dump a brief on their Delaware

friends at the last minute. If that admonition is irrelevant to the parties here, all the

better. C.A. No. 2021-0447-KSJM October 21, 2024 Page 2 of 2

Seller’s Motion to Strike Buyer’s Pretrial Brief is denied. Seller’s request to

handle exceptions in connection with post-trial briefing is granted. That leaves the

two motions in limine, the motion to amend the pleadings, and the rudimentary stuff

we normally address at a pretrial conference in connection with my review of the pre-

trial order. Please focus on the three motions and be concise. We will have limited

time.

Sincerely,

/s/ Kathaleen St. Jude McCormick

Kathaleen St. Jude McCormick Chancellor

cc: All counsel of record (by File & ServeXpress)