In re Swervepay Holdings Acquisition, LLC

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)