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`At IAS Part7 of theSupreme Court
`/“
`of the State of New York, County of
`New York, held at the Courthouse, ea Q2 (QC
`Centre Street, New York, New York
`on gloat;
`(3
`,2017
`
`’
`
`'~
`
`PRESENT: Hon. LebOVits Justice
`NEW YORK SUPREME COURT
`OOUNTY OF NEW. YORK
`Freeman Lewis LLP,
`
`,
`
`Plaintiff,
`V.
`Finanoiera de Desarrollo Industrial y Comercial
`'S.A., Trecedieciocho S.A., Amherst Inc,
`Freeman-bow
`Edith Sara Heredia Garcia de Daneri,
`Liliana Heredia del Solar, Lorena Tania Heredia
`Mangalji del Solar, Enrique Constantino Heredia
`del Solar, Estate of Jose Enrique Heredia,
`Constantino Heredia Garcia, Compania
`meotteladora del Pacifico S.A.-in-Liquidacion,
`and Pepsi Cola Company,
`
`I“
`
`a.
`Fl L E o
`AND Fags/m,
`‘ JUN 7 3 my
`Wmemms -are
`
`j
`
`,
`Index No. 651458/2017
`
`,
`EX PARTE MOTlQN O PM(1; n
`m
`4
`5"
`APPRQVEQ
`k FQR THE PAYMENl”
`:1 QF:Mi"’ ’3'-
`‘
`é-
`iii
`
`1' '
`‘
`'
`
`"
`
`Defendants.
`----------------------------------------------------------------
`
`ORDER TO SHOWCAUSE WITH TEMPORARY RESTRAINT
`
`.
`
`(PROPOSED)
`
`Upon reading the annexed Suppleniental Affirmation of Robert Y. Lewis
`
`affirmed on June 13, 2017 and the Amended Complaint, and on all pleadings and
`
`proceedings previously had, including the Affirmation of Robert Y. Lewis dated
`
`7 7 7 7 l
`
`-
`7
`
`l
`
`:
`,
`
`7 7 7 7 7
`
`
`
`

`

`March 20, 2017 and the accompanying Memorandum of Law (with exhibits).dated
`
`March 20, 2107, IT IS ORDERED that the Defendants Lorena Tania Heredia
`
`. Mangalji del Solar (“Defendant Lorena”) and Enrique Constantino Heredia del
`.
`set?
`Solar (“Defendant Enrique Jr.”) show cause at IAS Part 7, RoomW, of this
`
`Court,‘i~1-L Centre Street, New York, New York, on the é£0" day of5 Qfififls Q\
`2017, atm, or as.soon thereafter as counsel can be heard, why:
`
`
`
`(l)an order should not be entered pursuant to CPLR Article 63 enjoining
`and restraining Defendants Lorena and Enrique Jr., or any other agent or
`representative thereof, up to the total amount of $2 million, pending a
`final determination of this action from
`
`(a) transferring, giving up, or causing the transfer or giving up of any
`assets with a total value of up to $2 million (including any assets
`of any of the other Defendants pursuant to the Order to Show
`Cause issued on March 3, 2017) upon which Freeman Lewis LLP
`has a charging lien, to Wit, assets of any kind paid on any verdict,
`report, determination, decision, award, settlement, judgment or
`final order in favor or for the benefit of Financiera de Desarrollo
`Industrial y Comercial SA. (“FIDEICOSA”) in the case of
`Financiera de Desarrollo Industrial y Comerical SA v. Pepsi Cola
`Company (Civ. 05-2761, S.D.N.Y.) or in favor or for the benefit of
`Compania Embotelladora del Pacifico SA-invLiquidacion
`(“CBPSA”) in the case of Compania Embotelladora del Pacifico
`SA. 12. Pepsi Cola Company (Civ. 00-7677 S.D-.N.Y)(l 1-5458 2d
`Cir.), in whatever hands they may come or form they may take,
`including but not limited to any CEPSA liquidation credits or
`moneys owing on those credits if those credits or moneys are
`transferred as part of or are otherwise the subject of any settlement
`of these actions; and
`
`(b) transferring, giving up, or causing the transfer or giving up of
`distributions up to a value of $2 million owed to Treoedieoiocho
`S.A. (“TREDISA”) as a creditor of CBPSA.
`
`

`

`(2) an order should not be entered pursuant to CPER Article 62 directing the
`Sheriff of the City ofNew York or any County of the State of New York
`to levy within his or her jurisdiction, at any time before final judgment,
`upon such real and personal property in which Defendants Lorena or
`Enrique Jr. has an interest, and upon such debts owing to either
`Defendants Lorena or Enrique Jr., including, without limitation, any
`checking accounts, savings accounts, or securities accounts, held for
`them in the State, or real estate/timeshares located in the State, or by any
`garnishee who may be served in the State as will satisfy $2 million.
`
`"
`
`'
`\
`
`AND IT IS ORDERED that pending the hearing by the Court of this Order
`
`to Show Cause, that
`
`(1)Defendants Lorena and Enrique in, or any other agent or representative
`thereof, are enjoined and restrained, up to the total amount of $2.0
`million, from
`
`(a) transferring, giving up, or causing the transfer or giving up of
`assets with a total value of up to $2.0 million upon which Freeman
`Lewis LLP has a charging lien, to wit, assets of any kind paid on
`any verdict, report, determination, decision, award, settlement,
`judgment or final order in favor or for the benefit of FIDEICOSA
`in the case of Financiera dc Desarrqllo Industrial y Comerical SA
`v. Pepsi Cola Company (Civ. 05-2761, S.D.N.Y.) or in favor or for
`the benefit of CEPSA in the case of Compania Embotelladora del
`Pacifico, SA v. Pepsi Cola Company (Civ. 00-7677 S.D.N,Y)(l l—
`5458 2d Gin), in whatever hands they may come or form they may
`take, including but not limited to any CEPSA liquidation credits or
`moneys owing on those credits if those credits or moneys are
`transferred as part of or are otherwise the subject of any settlement
`of these actions; and
`
` g(b) transferring, giving up, or causing the transfer or giving up of
`
`g
`5"
`0
`
`'
`
`distributions up to a value of $2 million owed to TRBDISA as a
`65
`creditor of CEPSA; and

`)Any person in the State of New York who owes a debt to Lorena or
`Enrique Jr. or is in possession or custody of property in which such
`person knows or has reason to believe either Lorena or Enrique Jr. has an
`
`

`

`
`
`.
`
`interest is enjoined from transferring, giving up'br causing the transfer or
`glvmg up of such property to the extent of $2 million; and
`.- LEB'OVITS
`(3)The undertaking of $10,000 previously posted by Plaintiff With the Clerk
`l$e$the Court is sufficient for present purposes; and furthermore
` .- 9
`9L ’$)Let personal service of a copy ofthis Order to Show Cause and the
`Q
`papers submitted in connection therewith, along with service of the
`$323?
`summons and complaint, be made on Defendant Lorena and Defendant
`é,
`Enrique Jr. on or before
`{T53%
`f 2
`, 2017; opposition
`papers shall be served upon all pa 'es, With a copy to the Court on or
`‘29
`before
`3% ”fl: 3Q
`, 2017.
`
`'
`
`Enter:
`
`ORAL ARGUMENT REQUMED.
`
`
`
`[13.0.] 6/
`
`HON- GERALD LEB we!
`
`erald Lebovits
`
`._
`
`,
`
`ovrts
`
`Honorable
`
`

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