COURT OF CHANCERY
OF THE
SAM GLASSCOCK III STATE OF DELAWARE COURT OF CHANCERY COURTHOUSE
VICE CHANCELLOR 34 THE CIRCLE
GEORGETOWN, DELAWARE 19947
January 6, 2015
Michael F. Bonkowski, Esq. William M. Kelleher, Esq.
Nicholas J. Brannick, Esq. Phillip A. Giordano, Esq.
Cole, Schotz, Meisel, Forman & Gordon, Fournaris & Mammarella, P.A.
Leonard, P.A. 1925 Lovering Avenue
500 Delaware Avenue, Suite 1410 Wilmington, DE 19806
Wilmington, DE 19801
John A. Elzufon, Esq.
Elzufon Austin Tarlov & Mondell, P.A.
300 Delaware Avenue, Suite 1700
Wilmington, DE 19801
Re: Horsey v. Horsey & Sons, Inc. et al.
Civil Action No. 8972-VCG
Dear Counsel:
I have reviewed the unredacted version of the “talking points” email from
Mr. McAllister to David and Patricia Horsey, which includes an earlier email
communication from Patricia Horsey to McAllister. The redacted email has four
redacted areas, which I will address as they appear from top to bottom.
The first redaction deals solely with settlement negotiations and is unrelated
to the portion of the document from which David Horsey appeared to testify; that
material need not be disclosed. The second redaction, a full paragraph beginning
“If you focus on these points. . .” relates directly to the portion of the document
from which Mr. Horsey testified; any privilege attached to this paragraph has been
waived. The third and fourth redacted sections are attorney client communications
unrelated to Mr. Horsey’s testimony and may remain redacted. A copy of the
email with the second redacted portion unredacted should be provided to Plaintiff’s
counsel and made a part of the record forthwith. IT IS SO ORDERED.
Sincerely,
/s/ Sam Glasscock III
Sam Glasscock III
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