FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`NYSCEF DOC. NO. 16
`NYSCEF DOC. NO. 16
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`INDEX NO. 602049/2023
`INDEX NO. 602049/2023
`RECEIVED NYSCEF: 02/07/2023
`RECEIVED NYSCEF: 02/07/2023
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`EXHIBIT A
`EXHIBIT A
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`FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`NYSCEF DOC. NO. 16
`NYSCEF DOC. NO. 16
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`INDEX NO. 602049/2023
`INDEX NO. 602049/2023
`RECEIVED NYSCEF: 02/07/2023
`RECEIVED NYSCEF: 02/07/2023
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`EXHIBIT A
`EXHIBIT A
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`FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`NYSCEF DOC. NO. 16
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`INDEX NO. 602049/2023
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`RECEIVED NYSCEF: 02/07/2023
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`At an IAS Part, Part 7 of the
`Supreme Court of the State
`of New York, held at the
`Courthouse located at 60
`Centre Street, New York,
`New York on the __day of
`February, 2023. _________
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`Present: Hon. Sharon M. Gianelli___________________________________
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` Justice of the Supreme Court
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`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF NASSAU
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`EDURO HEALTHCARE, LLC, a Utah
`limited liability company,
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` Plaintiff,
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`— against —
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`GOLDNER CAPITAL MANAGEMENT, LLC, a
`Delaware limited liability company, and SAMUEL
`GOLDNER, an individual,
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`Defendants.
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`Index No. 602049-2023
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`[PROPOSED AMENDED]
`ORDER TO SHOW CAUSE AND
`TEMPORARY RESTRAINING ORDER
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`Upon reading the filing by Plaintiff Eduro Healthcare, LLC (“Eduro”)
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`of the Affidavits of Christopher Thompson and Bryan Cooper dated February 2,
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`2023, together with the exhibits attached thereto, the Affirmation of Luke McGrath,
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`dated February 2, 2023, together with the exhibit attached thereto, and the
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`accompanying Complaint dated February 2, 2023, and memorandum of law seeking
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`an order to show cause for a preliminary injunction, pursuant to Civil Practice Law
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`and Rules (“CPLR”) §§ 6301, 6312, and 6313;
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`WHEREAS Plaintiff has shown that it will suffer immediate and
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`irreparable injury in the event that Defendants Goldner Capital Management, LLC
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`2
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`FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`NYSCEF DOC. NO. 16
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`INDEX NO. 602049/2023
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`RECEIVED NYSCEF: 02/07/2023
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`and Samuel Goldner (collectively “Goldner”) are not enjoined from soliciting
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`employees and/or independent contractors of Eduro, and from disclosing proprietary
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`and confidential financial of Eduro; it is hereby
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`ORDERED that Defendants shall show cause before this Court, in Part
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`7, in-person, at 100 Supreme Court Drive, Mineola, New York, on February 13,
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`2023, at _____ a.m./p.m., or as soon thereafter as counsel may be heard, why an
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`order should not be issued preliminarily enjoining during the pendency of this action
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`as follows:
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`a. That Defendants shall be restrained and enjoined from employing anyone
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`who was employed by Eduro, or who was an independent contractor of Eduro, at the
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`time the nondisclosure agreement (the “NDA”) was executed between the parties,
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`including but not limited to Ms. Gaytan and Ms. Kintner;
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`b. That Defendants shall be restrained and enjoined from soliciting for
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`employing anyone who was employed by Eduro, or who was an independent
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`contractor of Eduro, at the time the NDA was executed between the parties;
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`c. That Defendants shall be ordered and compelled to return or destroy all
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`confidential, proprietary, or other information that they received from Eduro; and
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`d. That Defendants shall be restrained and enjoined from disclosing any
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`confidential, proprietary, or other information that they received from Eduro.
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`3
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`FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`NYSCEF DOC. NO. 16
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`INDEX NO. 602049/2023
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`RECEIVED NYSCEF: 02/07/2023
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`ORDERED that, pending a hearing on the motion for preliminary
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`injunction, a Temporary Restraining Order, pursuant to CPLR § 6313, shall be
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`entered, enjoining Defendants as follows:
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`a. That Defendants shall be restrained and enjoined from employing anyone
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`who was employed by Eduro, or who was an independent contractor of Eduro, at the
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`time the NDA was executed between the parties, excluding Ms. Gaytan, Ms. Wintle,
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`and Ms. Kintner, who are either currently employed by or have agreed to be
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`employed by Defendants and who have already provided Plaintiff with their
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`respective letters of resignation;
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`b. That Defendants shall be restrained and enjoined from soliciting for
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`employing anyone who was employed by Eduro, or who was an independent
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`contractor of Eduro, at the time the NDA was executed between the parties;
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`c. That Defendants shall be ordered and compelled to return or destroy all
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`confidential, proprietary, or other information that they received from Eduro; and
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`d. That Defendants shall be restrained and enjoined from disclosing any
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`confidential, proprietary, or other information that they received from Eduro.
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`ORDERED that, in the exercise of the Court’s discretion pursuant to
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`CPLR § 6313(c), Eduro is not required to give an undertaking pending the hearing
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`on this order to show cause;
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`4
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`FILED: NASSAU COUNTY CLERK 02/07/2023 08:50 PM
`NYSCEF DOC. NO. 16
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`INDEX NO. 602049/2023
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`RECEIVED NYSCEF: 02/07/2023
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`ORDERED that Dunnington Bartholow & Miller LLP and Kunzler
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`Bean & Adamson, Plaintiffs’ attorneys, shall serve a copy of this Order to Show
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`Cause, together with a copy of the papers on which it is based on or before February
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`9, 2023: upon (a) Goldner Capital Management, LLC via email to (1) Samuel
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`Goldner, Chief Executive Officer, at sgoldner@gcapmgmt.com and (2) Goldner
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`Capital Management, LLC’s primary point of contact address at its primary business
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`address, 525 Chestnut Street, Suite 102, Cedarhurst New York, 11516.
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`ORDERED, that opposing papers, if any, to this motion shall be served
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`via mail to Dunnington Bartholow & Miller LLP, 230 Park Avenue, 21st Floor, New
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`York, New York 10169 and Kunzler Bean & Adamson, 50 W Broadway, Suite 1000,
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`Salt Lake City, Utah 84101, and via email to lmcgrath@dunnington.com,
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`mangulo@dunnington.com, AJeffers@dunnington.com,
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`rharrington@kba.law,
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`thadfield@kba.law, and kslade@kba.law so as to be received electronically on or
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`before February 10, 2023.
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`DATED: ____________________________, 2023
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`SO ORDERED
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`________________________
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`5
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