Mack v. Heron Bay Associates, LLC

• Court: Court of Chancery of Delaware
• Decided: December 15, 2023
• Docket: C.A. No. 2019-0588-BWD
• Status: Published

Opinion

COURT OF CHANCERY OF THE STATE OF DELAWARE BONNIE W. DAVID COURT OF CHANCERY COURTHOUSE MAGISTRATE IN CHANCERY 34 THE CIRCLE GEORGETOWN, DE 19947

December 15, 2023

Dean A. Campbell, Esquire Jeffrey Weiner, Esquire Law Offices of Dean Campbell, PA The Law Offices of Jeffrey M. 703 Chestnut Street Weiner, PA Milton, Delaware 19968 1332 King Street Wilmington, Delaware 19801

RE: 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 Post-

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

1 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).