Full Opinion (html_with_citations)

                               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).