IN THE SUPREME COURT OF THE STATE OF DELAWARE THE BANCORP BANK, N.A., § INTERACTIVE § COMMUNICATIONS § No. 38, 2023 INTERNATIONAL, INC. and § INCOMM FINANCIAL SERVICES, § Court Below—Superior Court § of the State of Delaware Defendants-Below, § Appellants/Cross Appellees, § C.A. No. N18C-09-240 § v. § § RUSSELL S. ROGERS, § § Plaintiff-Relator-Below, § Appellee/Cross Appellant. § Submitted: October 18, 2023 Decided: December 11, 2023 Before SEITZ, Chief Justice; VALIHURA, TRAYNOR, LEGROW and GRIFFITHS, Justices.

ORDER This 11th day of December 2023, after careful consideration of the parties’ briefs and the record below, and following oral argument, we find it evident that the judgment of the Superior Court should be affirmed on the basis of and for the reasons stated in the Memorandum Opinion and Order dated January 3, 2023.

NOW, THEREFORE, IT IS ORDERED that the judgment of the Superior Court is AFFIRMED.

BY THE COURT: /s/ Collins J. Seitz, Jr. Chief Justice