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COURT OF CHANCERY
OF THE

STATE OF DELAWARE DONALD F. PARSONS, JR.
VICE CHANCELLOR New Castle County Courthouse 500 N. King Street, Suite 11400 Wilmington, Delaware 19801-3734

Date Submitted: December 2, 2011 Date Decided: February 3, 2012

Henry E. Gallagher, Jr., Esquire Connolly Bove Lodge & Hutz LLP 1007 N. Orange Street P.O. Box 2207 Wilmington, DE 19899 Maureen Milford, Staff Reporter The News Journal P.O. Box 15505 Wilmington, DE 19850 RE:

Timothy J. Houseal, Esq. Young Conaway Stargatt & Taylor LLP Rodney Square 1000 North King Street Wilmington, DE 19801 Mr. Christopher J. Tigani 907 N. Bancroft Parkway Wilmington, DE 19805

N.K.S. Distributors, Inc. v. Christopher J. Tigani, et al., Civil Action No. 4640-VCP

Dear Counsel, Mr. Tigani, and Ms. Milford: I write regarding a request from Maureen Milford, a reporter with The News Journal, for access to the expert report of Charles J. Bramley, marked as NKS/RFT Exhibit No. 346 at trial (the "Report"), and to the trial transcripts.1 Currently, portions of the Report and trial transcripts are designated as confidential and subject to a sealing

1

Trial in this matter was held over twelve days on April 26-30, May 3-7, and June 3-4, 2010.

N.K.S. Distributors, Inc. v. Christopher J. Tigani, et al. Civil Action No. 4640-VCP Page 2

order pursuant to Court of Chancery Rule 5(g).2 Milford asks that I terminate that sealing order and permit full public access to the Report and transcripts. Plaintiff and Counterclaim Defendant, N.K.S. Distributors, Inc. ("NKS"), and Third Party Counterclaim Defendant, Wilmington Trust Company ("WTC"), object to Milfords request on two grounds. First, they contend that the Court is without authority to terminate the sealing order because Defendant, Christopher J. Tigani, has filed for bankruptcy and, consequently, this litigation is now subject to an automatic stay under 11 U.S.C.

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