`DANIEL LASCANO, DANIEL
`LASCANO 2012 FAMILY TRUST, THE
`SAMARITAN PROJECT INC., PACIFIC
`PREMIER TRUST, CUSTODIAN FBO
`DANIEL ‘R’ LASCANO, IRA, EDWARD
`NAHEM, JOYCE STORM, PACIFIC
`PREMIER TRUST, CUSTODIAN FBO
`JAKE FOLEY III, IRA, PACIFIC
`PREMIER TRUST, CUSTODIAN FBO
`EMIL COSTA, ROTH IRA, JOHN
`TROUBH, CHRISTOPHER STUART
`BARTON, PACIFIC PREMIER TRUST,
`CUSTODIAN FBO SULEMAN LUNAT,
`IRA, MICHAEL J. DUBILIER, and
`ROBERT O’DONNELL,
`
`C.A. No. 2023-0758-NAC
`
`)))))))))))))))))))))))))))
`
`Plaintiffs,
`
`v.
`
`HOWARD BUFF, JEFF BERNHARD,
`STEPHEN LERCH, REVIVE HOLDING
`COMPANY, INC., REVIVEHEALTH,
`INC., EIR RH MIDCO, LLC, EIR RH
`SPV, LLC, EIR PARTNERS CAPITAL,
`LLC, and BRETT S. CARLSON,
`
`Defendants.
`
`[PROPOSED] ORDER ON DEFENDANTS’
`MOTIONS TO DISMISS THE AMENDED COMPLAINT
`WHEREAS, on January 22, 2024, Howard Buff, Jeff Bernhard and Stephen
`
`Lerch (collectively, “Director Defendants”) and Revive Holding Company, Inc.,
`
`ReviveHealth, Inc., Eir RH Midco, LLC, Eir RH SPV, LLC, Eir Partners Capital,
`
`LLC, and Brett S. Carlson (collectively, “Eir Defendants,” and with Director
`
`GRANTED
`
`
`
`EFiled: Jan 24 2025 11:28AM EST
`Transaction ID 75507707
`Case No. 2023-0758-NAC
`
`
`
`Defendants, “Defendants”) filed Motions to Dismiss Plaintiffs’ Amended Complaint
`
`(see Dkts. 29, 30, 37, 38, 45, 49, and 50);
`
`WHEREAS, for the reasons set forth in the Court’s December 20, 2024 bench
`
`ruling in this action, the Court deferred ruling on Defendants’ Motions to Dismiss as
`
`to Counts I and V, denied Defendants’ Motions to Dismiss as to Counts II and III,
`
`and granted Eir Defendants’ Motion to Dismiss as to Count IV;
`
`IT IS HEREBY ORDERED this ____ day of ________________, 2025, that:
`
`1.
`
`Defendants’ Motions to Dismiss Counts I and V of the Amended
`
`Complaint are DEFERRED pending the parties’ response to the Court’s three
`
`questions stated in the December 20 bench ruling. By January 31, 2025, the parties
`
`shall submit a joint letter to the Court responding to the three questions.
`
`2.
`
`The Motion to Dismiss Count II of the Amended Complaint, filed by
`
`Revive Holdco and Eir Midco, is DENIED.
`
`3.
`
`Director Defendants’ Motion to Dismiss Count III of the Amended
`
`Complaint is DENIED.
`
`4.
`
`EIR Defendants’ Motion to Dismiss Count IV of the Amended
`
`Complaint is GRANTED and Count IV is dismissed with prejudice.
`
`5.
`
`Defendants shall file their answers to all claims remaining pending on
`
`or before ten business days after the Court issues a ruling on Counts I and V.
`
` Vice Chancellor Nathan A. Cook
`
`2
`
`
`
`This document constitutes a ruling of the court and should be treated as such.
`Court: DE Court of Chancery Civil Action
`Judge: Nathan A Cook
`File & Serve
`
`Transaction ID: 75507252
`Current Date:
`Jan 24, 2025
`Case Number: 2023-0758-NAC
`Case Name: Daniel Lascano v. Howard Buff
`Court Authorizer: Nathan A Cook
`
`
`/s/ Judge Nathan A Cook
`
`
`
`
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