ARC Global Investments II, LLC v. Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble, and Jeffrey A. Smith

State Civil Lawsuit Delaware Court of Chancery, Case No. 2024-0186-LWW
Vice Chancellor Lori W. Will, presiding
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Vice Chancellor Judge Lori W. Will
Last Updated April 29, 2024 at 3:52 PM EDT (7.6 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo ARC Global Investments II, LLC, Plaintiff

Represented by Richards, Layton & Finger, PA

v.
No Logo Andrews, Frank J., Defendant

Represented by Morris, Nichols, Arsht & Tunnell LLP

No Logo Digital World Acquisition Corp., Defendant

Represented by Morris, Nichols, Arsht & Tunnell LLP

No Logo Preble, Edward J., Defendant

Represented by Morris, Nichols, Arsht & Tunnell LLP

No Logo Smith, Jeffrey A., Defendant

Represented by Morris, Nichols, Arsht & Tunnell LLP

No Logo Swider, Eric S., Defendant

Represented by Morris, Nichols, Arsht & Tunnell LLP

Attributes
Timeline
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Legal Document 46 Filed: 4/22/2024, Entered: None Motion to Compel
Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
  • Attachment 1 Exhibits A-C to Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
  • Attachment 2 [Confidential] Exhibit D to Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
  • Attachment 3 Exhibits E-F to Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
  • Attachment 4 Certificate of Service to Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
  • Attachment 5 [Proposed] Order Granting Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
  • Attachment 6 Letter to Vice Chancellor Lori W. Will from Matthew D. Perri, Esq. dated April 22, 2024, Enclosing Courtesy Copies of Plaintiff's Motion to Compel Defendants to Collect and Produce Documents from TMTG
Legal Document 45 Filed: 4/18/2024, Entered: None Order
Granted (Stipulation and [Proposed] Order for the Production and Exchange of Confidential and Highly Confidential Information)
Legal Document (Payment Possibly Required) 44 Filed: 4/17/2024, Entered: None Stipulation & (Proposed) Order
Stipulation and [Proposed] Order for the Production and Exchange of Confidential and Highly Confidential Information
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Legal Document (Payment Possibly Required) 42 Filed: 4/15/2024, Entered: None Notice of Service
Notice of Service of Subpoena Duces Tecum Directed to Continental Stock Transfer & Trust Company with Certificate of Service
  • Attachment 2 Subpoena Duces Tecum Directed to Continental Stock Transfer & Trust Company, with Affidavit of Service
  • Attachment 3 Schedule A to Subpoena Duces Tecum Directed to Continental Stock Transfer & Trust Company
  • Attachment 4 Subpoena Duces Tecum & Ad Testificandum Directed to Odyssey Transfer and Trust Company, with Affidavit of Service
  • Attachment 5 Schedule A to Subpoena Duces Tecum & Ad Testificandum Directed to Odyssey Transfer and Trust Company
  • Attachment 6 Schedule B to Subpoena Duces Tecum & Ad Testificandum Directed to Odyssey Transfer and Trust Company
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Legal Document (Payment Possibly Required) 43 Filed: 4/15/2024, Entered: None Notice of Service
Notice of Service of Subpoena Duces Tecum & Ad Testificandum Directed to Odyssey Transfer and Trust Company with Certificate of Service
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Legal Document (Payment Possibly Required) 41 Filed: 4/10/2024, Entered: None Notice
Notice of Service of Subpoena Duces Tecum Directed to Continental Stock Transfer Corporation with Certificate of Service
  • Attachment 1 Subpoena Duces Tecum Directed to Continental Stock Transfer Corporation, with Proof of Service
  • Attachment 2 Schedule A to Subpoena Duces Tecum Directed to Continental Stock Transfer Corporation
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Legal Document (Payment Possibly Required) 40 Filed: 4/10/2024, Entered: None Order Pro Hac Vice
Granted (Carlton, D. Scott: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith)
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Legal Document (Payment Possibly Required) 39 Filed: 4/10/2024, Entered: None Motion for Pro Hac Vice
Motion for Admission Pro Hac Vice of D. Scott Carlton on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith (with Certificate of Service)
  • Attachment 1 Certification of D. Scott Carlton for Motion for Admission Pro Hac Vice of on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 2 Carlton, D. Scott: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
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Legal Document (Payment Possibly Required) 38 Filed: 4/1/2024, Entered: None Notice of Service
Notice and Certificate of Service to the Verification of ARC Global Investments II LLC to Plaintiff’s Responses and Objections to Defendants’ First Set of Interrogatories Directed to Plaintiff
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Legal Document (Payment Possibly Required) 37 Filed: 3/29/2024, Entered: None Notice of Service
Notice and Certificate of Service to (i) Plaintiff’s Responses and Objections to Defendants’ First Set of Interrogatories Directed to Plaintiff; (ii) Plaintiff’s Responses and Objections to Defendants’ First Set of Requests for Admission, (iii) Plaintiff’s Responses and Objections to Defendants’ First Set of Requests for Production of Documents Directed to Plaintiff and (iv) this Notice and Certificate of Service
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Legal Document (Payment Possibly Required) 36 Filed: 3/29/2024, Entered: None Notice of Service
Notice of Service of Responses and Objections to Plaintiff’s First Request for Production of Documents, First Set of Interrogatories and First Requests for Admission Directed to Defendants Digital World Acquisition Corp. Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
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Legal Document (Payment Possibly Required) 35 Filed: 3/23/2024, Entered: None Notice of Service of Discovery
Notice of Service of (1) Defendants’ First Set of Interrogatories Directed to Plaintiff; (2) Defendants’ First Set of Requests for Production of Documents Directed to Plaintiff; and (3) Defendants’ First Set of Requests for Admission Directed to Plaintiff
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Legal Document (Payment Possibly Required) 34 Filed: 3/22/2024, Entered: None Notice of Service of Discovery
Notice and Certificate of Service of (i) Plaintiff's First Requests for Production of Documents, First Set of Interrogatories, and First Requests for Admission Directed to Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble, and Jeffrey A. Smith, and (ii) this Notice and Certificate of Service
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Legal Document (Payment Possibly Required) 33 Filed: 3/22/2024, Entered: None Order
Granted with Modifications ([Proposed] Scheduling Order)
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Legal Document 32 Filed: 3/19/2024, Entered: None Answer
Answer and Affirmative Defenses of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith with Certificate of Service
Legal Document (Payment Possibly Required) 31 Filed: 3/19/2024, Entered: None Letter
Letter from Kevin M. Coen to Vice Chancellor Will regarding the proposed case schedule
  • Attachment 1 Exhibit A to Letter from Kevin M. Coen to Vice Chancellor Will regarding the proposed case schedule
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Legal Document (Payment Possibly Required) 30 Filed: 3/19/2024, Entered: None Letter
Letter from Elizabeth J. Freud to Vice Chancellor Lori W. Will enclosing courtesy copies of Plaintiff's [Proposed] Scheduling Order, Letter from Matthew D. Perri, Esq. regarding Schedule, and accompanying exhibits
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Legal Document (Payment Possibly Required) 29 Filed: 3/18/2024, Entered: None Letter
Letter to The Honorable Lori W. Will from Matthew D. Perri, Esq. regarding Schedule
  • Attachment 1 Exhibits A through C to the Letter to the Honorable Lori W. Will from Matthew D. Perri, Esq. regarding Schedule
  • Attachment 2 [Proposed] Scheduling Order
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Legal Document (Payment Possibly Required) 28 Filed: 3/18/2024, Entered: None Order
Granted (Stipulation and [Proposed] Order Regarding Motion to Expedite)
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Legal Document (Payment Possibly Required) 27 Filed: 3/13/2024, Entered: None Judicial Action Form
Telephonic Motion to Expedite hearing and Bench Ruling held before Vice Chancellor Will on March 5, 2024. Granted in part, denied in part. See transcript.
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Legal Document (Payment Possibly Required) 26 Filed: 3/12/2024, Entered: None Register's Certificate
Register's Certificate for CA 2024-0186-LWW pursuant to 10 Del. Code Sect. 3114.
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Legal Document (Payment Possibly Required) 25 Filed: 3/8/2024, Entered: None Letter
Letter to Vice Chancellor Will from Kevin Coen in response to the Court's March 6, 2024 Order
  • Attachment 1 Exhibit A to Letter to Vice Chancellor Will from Kevin Coen in response to the Court's March 6, 2024 Order (Letter addressing how this litigation will proceed alongside” DWAC’s action against ARC Global Investments II, LLC (“ARC”) and Patrick Orlando in Sarasota County, Florida Circuit Court)
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Legal Document (Payment Possibly Required) 24 Filed: 3/8/2024, Entered: None Stipulation & (Proposed) Order
Stipulation and [Proposed] Order Regarding Motion to Expedite
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Legal Document 23 Filed: 3/5/2024, Entered: None Order
Denied in Part ([Proposed] Order Granting Plaintiff's Motion to Expedite)
Legal Document (Payment Possibly Required) 20 Filed: 3/5/2024, Entered: None Order Pro Hac Vice
Granted (Biondi, Bradley J.: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith)
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Legal Document (Payment Possibly Required) 21 Filed: 3/5/2024, Entered: None Order Pro Hac Vice
Granted (Zeller, Traci G. [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith)
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Legal Document (Payment Possibly Required) 22 Filed: 3/5/2024, Entered: None Order Pro Hac Vice
Granted (Griepsma, Nicholas J.: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith)
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Legal Document (Payment Possibly Required) 17 Filed: 3/4/2024, Entered: None Motion for Pro Hac Vice
Biondi, Bradley J.: Motion for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith (with Certificate of Service)
  • Attachment 1 Biondi, Bradley J.: Certification for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 2 Biondi, Bradley J.: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 3 Zeller, Traci G.: Certification for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 4 Zeller, Traci G. [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 5 Griepsma, Nicholas J.: Certification for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 6 Griepsma, Nicholas J.: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 7 Griepsma, Nicholas J.: Certification for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
  • Attachment 8 Griepsma, Nicholas J.: [Proposed] Order for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith
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Legal Document (Payment Possibly Required) 18 Filed: 3/4/2024, Entered: None Motion for Pro Hac Vice
Zeller, Traci G.: Motion for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith (with Certificate of Service)
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Legal Document (Payment Possibly Required) 19 Filed: 3/4/2024, Entered: None Motion for Pro Hac Vice
Griepsma, Nicholas J.: Motion for Admission Pro Hac Vice on behalf of Defendants Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith (with Certificate of Service)
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Legal Document (Payment Possibly Required) 16 Filed: 3/4/2024, Entered: None Letter
Letter to Vice Chancellor Lori W. Will from Elizabeth J. Freud dated March 4, 2024 enclosing courtesy copies of Plaintiff's Reply in Support of its Motion to Expedite
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Legal Document (Payment Possibly Required) 15 Filed: 3/4/2024, Entered: None Letter
Letter to Vice Chancellor Lori W. Will from Matthew D. Perri dated March 4, 2024 regarding the dial-in information for the telephonic hearing
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Legal Document (Payment Possibly Required) 14 Filed: 3/4/2024, Entered: None reply
Plaintiff's Reply in Support of Motion to Expedite
  • Attachment 1 Exhibit A to Plaintiff's Reply in Support of Motion to Expedite
  • Attachment 2 Certificate of Service to Plaintiff's Reply in Support of Motion to Expedite
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Legal Document (Payment Possibly Required) 13 Filed: 3/4/2024, Entered: None Letter
Letter from Jacob Perrone to Vice Chancellor Will enclosing courtesy copies of Corrected Opposition to Plaintiff's Motion to Expedite
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Legal Document (Payment Possibly Required) 12 Filed: 3/4/2024, Entered: None Opposition
Corrected Opposition to Plaintiff’s Motion to Expedite (with Certificate of Service)
  • Attachment 1 Exhibits A-E to Corrected Opposition to Plaintiff’s Motion to Expedite
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Legal Document (Payment Possibly Required) 10 Filed: 3/3/2024, Entered: None Entry of Appearance
Entry of Appearance of Kevin M. Coen and Jacob M. Perrone of Morris, Nichols, Arsht & Tunnell LLP on behalf of Defendants, Digital World Acquisition Corp., Eric S. Swider, Frank J. Andrews, Edward J. Preble and Jeffrey A. Smith with Certificate of Service
  • Attachment 2 Exhibits A-E to Opposition to Plaintiff's Motion to Expedite
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Legal Document 11 Filed: 3/3/2024, Entered: None Opposition
Opposition to Plaintiff's Motion to Expedite with Certificate of Service
Blank 9 Filed: 3/1/2024, Entered: None Minute Order
A telephonic hearing to address the plaintiff's motion to expedite will be held on Tuesday March 5, 2024 at 9:15 a.m. The plaintiffs' counsel is asked to file a letter providing a dial-in number. The final submission regarding the motion is due by noon on Monday March 4, 2024. The defendants' non-Delaware counsel may appear for purposes of this initial hearing.Linked from (1)
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Legal Document (Payment Possibly Required) 8 Filed: 3/1/2024, Entered: None Letter
Letter to Vice Chancellor Lori W. Will from Elizabeth J. Freud dated March 1, 2024 enclosing courtesy copies of the Verified Complaint for Specific Performance, Declaratory Judgment, and Breach of Fiduciary Duty, Motion to Expedite and supporting documents thereto
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Legal Document (Payment Possibly Required) 7 Filed: 3/1/2024, Entered: None Statement Pursuant to Rule 4(d)(c)
Statement Pursuant to Court of Chancery Rule 4(dc)
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Legal Document (Payment Possibly Required) 5 Filed: 2/29/2024, Entered: None Summons
Summons Pursuant to 10 Del. C. Section 321 with Return of Service to Digital World Acquisition Corp.
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Legal Document (Payment Possibly Required) 6 Filed: 2/29/2024, Entered: None Summons
Summons Pursuant to 10 Del. C. Section 3114 with Return of Service to Agents of Digital World Acquisition Corp.
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Legal Document (Payment Possibly Required) 4 Filed: 2/29/2024, Entered: None Issuance of Summons
2.29.2024-Issued (1) 321 summons to special process server (1 copy); issued (1) 3114 summons to special process server (4 copies).
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Legal Document 1 Filed: 2/29/2024, Entered: None Complaint - 3114 Service <= 10 Defs
Verified Complaint for Specific Performance, Declaratory Judgment, And Breach of Fiduciary Duty
  • Attachment 1 Exhibit A to the Verified Complaint for Specific Performance, Declaratory Judgment, And Breach of Fiduciary Duty
  • Attachment 2 Verification of Patrick Orlando, managing member of ARC Global Investments II, LLC, to the Verified Complaint for Specific Performance, Declaratory Judgment, and Breach of Fiduciary Duty
  • Attachment 3 Supplemental Information Pursuant to Rule 3(A) of the Rules of the Court of Chancery and Statement of Good Cause
  • Attachment 4 Verification of Patrick Orlando, managing member of ARC Global Investments II, LLC, to the Verified Complaint for Specific Performance, Declaratory Judgment, and Breach of Fiduciary Duty
  • Attachment 5 Supplemental Information Pursuant to Rule 3(A) of the Rules of the Court of Chancery and Statement of Good Cause
  • Attachment 6 Exhibits 1-4 to the Motion to Expedite
  • Attachment 7 [Proposed] Order Granting Plaintiff's Motion to Expedite
Legal Document 2 Filed: 2/29/2024, Entered: None Motion to Expedite
Motion to Expedite
  • Attachment 1 Exhibits 1-4 to the Motion to Expedite
  • Attachment 2 [Proposed] Order Granting Plaintiff's Motion to Expedite
Legal Document 3 Filed: 2/29/2024, Entered: None Summons Instructions
Letter to the Register in the Court of Chancery dated February 28, 2024 from Matthew D. Perri with Summons Instructions

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