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COURT OF CHANCERY OF THE STATE OF DELAWARE
STEPHEN P. LAMB VICE CHANCELLOR New Castle County Court House 500 N. King Street, Suite 11400 Wilmington, Delaware 19801

Submitted: October 27, 2008 Decided: October 29, 2008 Karen L. Valihura, Esquire Skadden, Arps, Slate, Meagher & Flom One Rodney Square Wilmington, DE 19899 Ronald G. Poliquin, Esquire Young, Malmberg & Howard 30 The Green Dover, DE 19901 Timothy A. Reisinger, Esquire 19 S. State Street, Suite 103 Dover, DE 19901 Gary R. Dodge, Esquire 34 The Green Dover, DE 19901

RE: Lesley R. Stephenson v. Robert A. Cooke, et al. C.A. No. 3110-VCL Dear Counsel: I have reviewed and considered Ms. Valihura's motion for a vacatur of the court's post-trial Memorandum Opinion and Order in this case, presented in her letter of October 27, 2008. While I disagree with some of the arguments advanced in that letter, particularly those found in Section IV, I am ultimately persuaded that the interests of justice weigh sufficiently in favor of the requested relief to justify the most unusual step of vacating the court's post-trial opinion and order. I take this step because it is a condition precedent to the settlement of all claims raised in the case, a settlement supported by all parties, and because no third-party interests are implicated. Plainly, while there is a strong and persuasive public interest in the publication of this court's ruling, there is also a recognizable public interest in avoiding the further expenditure of judicial resources in matters such as this that the parties are prepared to settle. For these reasons, the motion for a vacatur of the court's September 24, 2008 Memorandum Opinion and Order will be granted. An order implementing this decision has been filed today. /s/ Stephen P. Lamb Vice Chancellor



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