MCDERMON WILL 8: 13va LLP AT LAW LOS ANSI-21.WILL EMERY LLP CHARLES E. WEIR (State Bar No. 211091) cweir@mwe.com GREGORY JONES (State Bar No. 229858) gjones@rnwe.com KATE M. HAMMOND (State Bar No. 293433) khammond@mwe.com 2049 Century Park East, Suite 3800 Los Angeles, CA 90067 Telephone: 310.277.4110 Facsimile: 310.277.4730 Attorneys for Plaintiffs I Superior Court of California County of Los Angeles JUL 2 8 21115 Sherri R. Carter, Execgtive O?icer/Cierk By Deputy Annette a) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CENTRAL DISTRICT STEMEXPRESS, LLC, and CATHERINE DYER, Plaintiffs, v. THE CENTER FOR MEDICAL PROGRESS, BIOMAX PROCUREMENT SERVICES, LLC, DAVID DALEIDEN (aka DOE 1 (aka and DOES 2 through 100, inclusive, Defendants. DM US 62796125409549.0011 CASE NO. BC589145 TEMPORARY RESTRAININ ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY ORDER Hearin Date: July 28, 2015 Time: 8:30 am. Dept: 86 Judge: Hon. Joanne O?Donnell TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY ORDER MCDERMOTT WELL 5: EMERY At LAW L05 ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCT ION Based upon the complaint ?led in this action on July 27, 2015, the Ex Parz?e Application for a Temporary Restraining Order, Order to Show Cause re: Preliminary Injunction, and Expedited Discovery Order ?led by plaintiffs SternExpress, LLC and Catherine Dyer, the declarations of Catherine Dyer, Kevin Cooksy, Megan Barr, and Gregory Jones, and the exhibits attached thereto, and having heard argument of counsel at the hearing on July 28, 2015: IT IS HEREBY ORDERED that defendants The Center for Medical Progress, BioMax Procurement Services, LLC, David Daleiden, and Doe One (aka ?Susan Tennenbaum?) 2015 at 73 30 am. in Department 86 (?Defendants?) appear on of this Court, located at 111 North Hill Street, Los Angeles, California 90012, TO SHOW CAUSE, if any, why a preliminary injunction should not be issued pending trial in this action: 1. enjoining Defendants, and all of?cers, directors, shareholders, members, employees, agents, and all persons acting with The Center for Medical Progress or BioMax Procurement Services, LLC or on their behalf, from any manner of releasing, publishing, disclosing, posting, sharing, uploading, downloading, transferring, or any other means of disseminating, including on the website of The Center Medical Progress, located at (ii) any ?le, media, device, or document be it electronic, digital, analog, or physical in nature that contains or represents a recording of any portion (in whole or part) of (iv) any communication (verbal and non-verbal) made by Catherine Dyer, Kevin Cooksy, or Megan Barr (vi) on the evening of May 22, 2015 at approximately between 4:30 prn. PST and 6:45 pm. PST (vii) that occurred at, near, or in the restaurant known as Bistro 33, located at 4364 Town Center Boulevard, El Dorado Hills, California 95762; and joining Defendants, and all of?cers, directors, shareho ers, members, employees, agent and all persons acting with Th Center for Medical Progres or BioMax Procurement Services, LC or on their behalf, fro any manner of releasing, ishing, disclosing, posting, sharin uploading, downloading, nsferring, or any other mea of disseminating, including on website of The Cente i edical Progress, located DM us 6127951251 0973490011 TEMPORARY RESTRAENING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY ORDER MCDERMOTT 5: EMERY LLP ATTORNEYS Law LOS ANGELES (ii) any ?le or physical cument on which .centerformedicalprogress.or LLC is identi?ed, inclu 'ng the three ?documents? pr ently posted on the ?Document Vault? website of Center Medical Prog 33, located at ?capital/document?vault/, bea 'ng the dates 2013. January 10, 2013, 20, 2013, and January 1, TEMPORARY RESTRAINING ORDER Based upon the complaint filed in this action on July 27, 2015, the Ex Parre Application for a Temporary Restraining Order, Order to Show Cause re: Preliminary Injunction, and Expedited Discovery Order filed by plaintiffs StemExpress, LLC and Catherine Dyer, the declarations of Catherine Dyer, Kevin Cooksy, Megan Barr, and Gregory Jones, and the exhibits attached thereto, and having heard argument of counsel at the hearing on July 28, 2015: IT IS HEREBY ORDERED that pending and until the date of the above?described hearing on the Order to Show re: Preliminary Injunction or, if such hearing should be continued for any reason, until the date on which the hearing is actually held or this Temporary Restraining Order is dissolved, defendants The Center for Medical Progress, BioMax Procurement Services, LLC, David Daleiden, and Doc One (aka ?Susan Tennenbaum?), and all of?cers, directors, shareholders, members, employees, agents, and all persons acting with The Center for Medical Progress or BioMax Procurement Services, LLC or on their behalf, shall: 1. refrain from any manner of releasing, publishing, disclosing, posting, sharing, uploading, downloading, transferring, or any other means of disseminating, including on the website of The Center Medical Progress, located at (ii) any file, media, device, or document be it electronic, digital, analog, or physical in nature that contains or represents a recording of any portion (in whole or part) of (iv) any communication (verbal and non?verbal) made by Catherine Dyer, Kevin Cooksy, or Megan Barr (vi) on the evening of May 22, 2015 at approximately between 4:30 pm. PST and 6:45 pm. PST (vii) that occurred at, near, or in the restaurant known as Bistro 33, located at 4364 Town Center Boulevard, El Dorado Hills, California 95762; and DMHUS 627961254 097549.001] .. 2 .. TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY ORDER MCDERMOTT WELL 8: EMERY ATTORNEYS AT LAW L05 ANGELES Refrain from any manner of eleasing, publishing, disclosi g, posting, sharing, uploading, dowkoading, transferring, or any her means of disseminating including on the website of The Cen Medical Progress, located at rogressorg, (ii) any file or physical doc merit on which StemExpr s, LLC is identi?ed; and 3. I no iater than July 201 or within hours of service ake inaccessible to the of this Order, 'chever occurs first, remove, ake down, or otherwise public the three ?do uments? presently posted 0 the ?Document Vault? ebsite of The Center Medical Progress, located at 'calprogressorg/hurnan capital/document- vault/, bearing the dates Ja ary 10, 2013, March 20, 2013 and January 1, 2013. BRIEFING SCHEDULE IT IS FURTHER ORDERED that: 1. Plaintiffs are to reasuna?bic steps to pe?sonally serve the following wam? documentmn ants by the close of business on July 2015: the Summons and Ix Complaint; Ex Parte Application for a Temporary Restraining Order, Order to Show Cause re: Preliminary Injunction, and Expedited Discovery Order; the Compendium of Evidence; and this Order. Proof of such service shall be ?led in Department 86 of this Court on the next court day following such service. 2. Any opposition papers to the Order to Show Cause shall be ?led and served on Plaintiffs rafter than by 3 pm. on 2015. Any reply papers, including any additional or supplemental declarations in reply to evidence submitted in the opposition papers, shall be filed and served on Defendants by electronic mail no later than i if a ORDER AUTHORIZING EXPEDITED DISCOVERY by 3 pm. on 2015. IT IS FURTHER ORDERED that pursuant to Code of Civil Procedure 2025.201Cb), for good cause shown, Plaintiffs are hereby authorized to conduct the following discovery as of the date of this Order: no more than 3 depositions to be noticed on 3 days and completed no later than 5 court days before any hearing on the Order to Show Cause re: Preliminary Injunction; and (b no more than 10 document requests to which oM_us 62796154097549.0011 .. TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY ORDER MCDERMOTT WILL EMERY LLP ATTORNEYS AT LAW L05 ANGELES written responses and responsive documents are due within 7 calendar days from the date on 11' a, AIS-wan :55 1h? ?fag, E: 21154433121553.2361?) 20mMacaw MM We! 17" as? aw, Dated: JLL 282015 OF THE SUPERIOR COURT JOANNE B. -4- TEMPORARY RESTRAINING ORDER, ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION, AND EXPEDITED DISCOVERY ORDER 62796125?1 097549.00! I