EFTA01114405.pdf

1." IGINAL At anTAS.Part of the Supreme Court of the State of New York in and for the County of New York, located at 60 CettA,; New Yprk, New „York on thag" day oPe-TO 2013. PRESENT: 0. PETER SHERWOOD Hon. MOI101,ISEQUENC(E) L 15178 A JUSTICE SUPREME COURT FOR THE STATE OF NEW YORK COUNTY OF NEW YORK SOF U.S. RESTAURANT CO-INVEST tAV) HOLDINGS, L.L.C., Plaintiff, — ) 'Iat'7.‘" v. .(OtA Ckt No. 16 0064-120 t 3 STEPHEN P. HANSON, ORDER TO SHOW CAUSE IN SUPPORT OF MOTION FOR dISC't j TEMPORARY RESTRAINING ) ORDER AND ) PRELIMINARY INJUNCTION ) ) ) Defendant. ) ) Upon the annexed Emergency Affirmation of Ross L. Weiner, Esq. dated October 30, 2013, the exhibits attached thereto, the annexed Affidavit of Daniel Yih sworn to on October 30, 2013, the exhibits attached thereto, the accompanying Complaint, the accompanying Memorandum of Law in Support; it is hereby: KE 21375796J EFTA01114405  ORDERED, that Defendant Stephen P. Hanson ("Hanson") show cause before this Court at IAS Part C at the Courthouse located at 60 Centre Street, New York, New York, Roorca..ikon the a[ day of 49,1 at 9:30 o'clock in the r .m., or as soon thereafter as counsel may be heard, why an order should not be made and entered herein: (i) Pursuant to C.P.L.R. § 6301, enjoining and restraining Hanson, during the pendency of this action, from the following actions in connection with his termination as President and CEO of B.R. Guest Parent Holdings, LLC ("BRG"): (a) entering the premises of BRG; (b) continuing to participate in the business of BRG or representing that he has the right or authority to participate in the business of BRG; (c) disparaging Starwood to BRG's employees; (d) causing BRG employees to resign; (e) removing or taking any business documents or information from BRG; (0 barring the Starwood Representatives or their agents from the premises or directing any employees of BRG to bar them from the premises; or (g) otherwise violating the terms of his Employment A ment. ( ci a t .5. (ii) For such other rer sae- s this Court dnst and proper. ty estarkprivciu2v5sc- ORDERED, that pending the hearing asklaranuination of Starwood's reetiensfer-a- zelidiainee tinti, Hanson is hereby enjoined and restrained from engaging in any of the actions' listetpka) — (i) ) above; and it is further, Lcy actions 4_ s‘gdisRDERED that the Defend ow cause at I.A.S. Term, Part the Supreme ‘SCS,ourt of the State of New Yo ew York County, 60 Centre Street m New York, p e New York on the d 2013, at o'cl on that day, why an Order should not be ente herein sealing the Complaint or sel ed portions thereof (including all of 2 KE 2875796.1 EFTA01114406 its exhibits), the accompanying Memorandum of Law in Support, and the Affidavit of Daniel Yih dated October 30, 2013, pursuant to § 216.1 of the Uniform Rules for the New York State Trial courts, and for such other and further relief as this Court may seem just and proper, and it is further, '-'3Ce-ir-> causeiA= Cm, that pending th g of this n, the County Clerk of York County is directed to restrict tlyrC.ourt File to all es, except parties action, their attorneys and Court Perk tTine1, and it is ORDERED, thayeliverrby-evernsght-mail4j — by personal delivery of a copy of this Order, together with the papers upon which it is granted, upon Hanson's counsel, Howard W. Muchnick, attorney at the law firm of Muchnick, Golieb & Golieb, P.C., located at 200 Park Cr s i Pot -get)/ 2O/3 Avenue South, Suite 1700, New York, New York 10003, on or befory , shall be deemed good and sufficient service; and it is further ORDERED, that answering papers, if any, shall be served so as to be received by Kirkland & Ellis LLP, Attn: Ross L. Weiner, 601 Lexington Avenue, New York, New York, 10022 on or before and it is further ORDERED, that reply papers, if any, shall be served so as to be received by Hanson's counsel no later than 5:00 p.m. on the date before the date scheduled for hearing the preliminary injunction motion. ENTER, e ORAL-uwacir 0' J.S.C. 0. PETER SHERWOOD OCT 8 0 2013 3 KE 28375796.1 EFTA01114407