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`Case No. 2024-0726-LWW
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`IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`Franconi73698236.PoCeEecy)
`
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`
`ORIGINAL
`
`C.A. No. 2024-0726- LWW
`
`SUMMONS
`Pursuant to 10 Def. C. § 3111
`
`) ) ) ))
`
`)
`
`) ) )
`
`BRIAN GALE, MARK NOBLE, TERRY
`PHILIPPAS, and LAWRENCEBASS,
`
`Plaintiffs,
`
`Vv.
`
`VINTAGE CAPITAL MANAGEMENT,LLC,
`BRIAN KAHN, ANDREW LAURENCE,
`MATTHEW AVRIL, and B. RILEY
`FINANCIAL, INC.,
`
`Defendants.
`
`STATE OF DELAWARE TO THE SPECIAL PROCESS SERVER: DLS DISCOVERY
`
`YOU ARE COMMANDED:
`
`To summon the above-named Defendant, VINTAGE CAPITAL MANAGEMENT,
`LLC,so that within 20 days after service hereof of Defendant, exclusive of the day of service,
`Defendant shall serve upon Daniel E. Meyer, Esquire, Plaintiffs’ attorney, whose address is
`Bernstein Litowitz Berger & Grossmann LLP. 500 Delaware Avenue, Suite 901, Wilmington,
`DE 19801, an answerto the Verified Class Action Complaint (the “Complaint”).
`
`To serve upon Defendant copies hereof, the Complaint with client verifications, and
`Supplemental Information Sheet.
`
`TO THE ABOVE-NAMED DEFENDANT:
`
`In case of your failure, within the time required by law, to serve on Plaintiffs’ attorney
`named above an answerto the Complaint, judgment by default may be rendered against you for
`the relief demanded in the Complaint.
`
`Dated:
`
`July 11, 2024
`
`
`
`Register in Chancery
`
`
`
`
`
`
`
`
`
`EFiled: Jul 12 2024 10:00AM EDT
`Transaction ID 73638236
`Case No. 2024-0726-LWW
`
`
`
`IN THE COURT OF CHANCERY OF THE STATE OF DELAWARE
`
`
`BRIAN GALE, MARK NOBLE, TERRY
`PHILIPPAS, and LAWRENCEBASS,
`
`Plaintiffs,
`
`v.
`
`VINTAGE CAPITAL MANAGEMENT,LLC,
`BRIAN KAHN, ANDREW LAURENCE,
`MATTHEW AVRIL,and B. RILEY
`FINANCIAL,INC.,
`
`aed
`
`Defendants.
`
`
`C.A. No. 2024-0726- LWW
`
`SUMMONS
`
`TO THE SPECIAL PROCESS SERVER: DLS DISCOVERY
`
`Please effectuate service upon Defendant: VINTAGE CAPITAL MANAGEMENT, LLC
`
`by serving them at their registered agent, pursuant to 10 Del, C. § 3111:
`
`Incorporating Services, Ltd.
`3500 8. DuPont Highway
`Dover, DE 19901
`
`SERVICE TO BE COMPLETED BY SPECIAL PROCESS SERVER
`
`BERNSTEIN LITOWITZ
`BERGER & GROSSMANN LLP
`
`By: /s/ Daniel E. Meyer
`Daniel E. Meyer (Bar No. 6876)
`500 Delaware Avenue, Suite 901
`Wilmington, Delaware 19801
`(302) 364-3600
`
`Attorneys for Plaintiffs
`
`
`
`
`
`
`
`AFFIDAVIT OF SERVICE
`
`
`
`
`Case:
`Court:
`County:
`2024-0726-
`IN THE COURT OF CHANCERY OF THE STATE OF
`
`
`New Castle, DE
`
`LWW
`DELAWARE
`
`
`
`
`Plaintiff / Petitioner:
`Defendant / Respondent:
`
`
`BRIAN GALE, MARK NOBLE, TERRY PHILIPPAS, and LAWRENCE BASS,
`VINTAGE CAPITAL MANAGEMENT, LLC, BRIAN KAHN, ANDREW
`
`LAURENCE, MATTHEW AVRIL, and B. RILEY FINANCIAL, INC.
`
`Received by:
`For:
`DLS Discovery
`Bernstein Litowitz Berger & Grossmann LLP
`To be served upon:
`Vintage Capital Management, LLC c/o Incorporating Services, Ltd
`
`Job:
`11398829
`
`|
`|
`
`|, Tim Rhoads, being duly sworn, depose and say: | am over the age of 18 years and nota party to this action, and that within the boundaries
`of the state where service waseffected, | was authorized by law to make service of the documents and informed said person of the contents
`herein
`
`Recipient Name/Address:
`Manner ofService:
`Documents:
`
`Joshua Dehart, 3500 South Dupont Highway, Camden, DE 19934
`Registered Agent, Jul 11, 2024, 1:59 pm EDT
`Summons and Complaint, Verifications, Supplemental Information Sheet, Statement of Good Cause
`
`Additional Comments:
`1) Successful Attempt: Jul 11, 2024, 1:59 pm EDT at 3500 South Dupont Highway, Camden, DE 19934 received by Joshua Dehart.
`
`
`
`
`
` LAS
`
`Tim Rhoads
`
`July 11, 2024
`Date
`
`DLS Discovery
`824 N. Market Street Suite 108
`
`Wilmington, DE 19801
`302-981-5146
`
`
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`Subscribed atid
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`orn to before me by the affiant whois
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