Robert O. Carr v. Global Payments, Inc.

Opinion

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

November 5, 2019

A. Thompson Bayliss T. Brad Davey Adam K. Schulman Andrew H. Sauder Abrams & Bayliss LLP Potter Anderson & Corroon LLP 20 Montchanin Road, Suite 200 1313 N. Market Street Wilmington, DE 19807 Wilmington, DE 19899

RE: Robert O. Carr v. Global Payments Inc. and Heartland Payment Systems, LLC; C.A. No. 2018-0565-SG; Motion for Reargument

Date Submitted: November 4, 2019 Date Decided: November 5, 2019

Dear Counsel:

Before me is Plaintiff’s Motion for Reargument. The matter involves an

advancement claim. I began the Memorandum Opinion under consideration by

noting that such actions are often redolent of buyer’s remorse. Any judicial decision

granting a motion for reargument must be a subject of unqualified judicial remorse.

This is such a decision.

My Memorandum Opinion of October 31, 2019 contains a basic and

substantial error of fact. Upon review of the Plaintiff’s Motion, it is clear that it must

be withdrawn, which is the object of this Letter Order. Whether, and to what extent,

the rectification of the error requires a substantive change in the outcome of the advancement issue therein addressed awaits briefing on the Motion for Reargument,

but it is clear that regardless of that ultimate outcome, the Memorandum Opinion

should be, and hereby is, withdrawn.

I take exception to one assertion made in Plaintiff’s Motion. He blames the

error in the Memorandum Opinion on the Defendants. That assertion is misplaced.

Responsibility rests solely with the finder of fact, the author of the Memorandum

Opinion.

My Memorandum Opinion of October 31, 2019 is WITHDRAWN.

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

ORDERED.

Sincerely,

/s/ Sam Glasscock III

Sam Glasscock III