Case 2:21-cv-00733 Document 1-4 Filed 06/03/21 Page 1 of 5
`Case 2:21-cv-00733 Document 1-4 Filed 06/03/21 Page 1 of 5
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`EXHIBIT 4
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`EXHIBIT 4
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`Case 2:21-cv-00733 Document 1-4 Filed 06/03/21 Page 2 of 5
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`IN THE MATTER OF THE ARBITRATION OF
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`T-MOBILE USA, INC.,
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`Claimant,
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`v.
`JAMS No. 1160024282
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` Order on Second Motion for
` Emergency Injunction
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`VERITY WIRELESS, INC.,
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`Respondent.
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`The matter came on for hearing before the arbitrator on May 5, 2021. Each
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`party claimed the other argued matters not set forth in their claim or response.
`Upon stipulation of both parties they were granted until May 7 for each party to
`amend their claim or response. Claimant amended the claim. Respondent did not
`file a response to the claim, but rather submitted a supplemental response to the
`motion. Claimant requested an opportunity to respond to that which was granted.
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`Having reviewed all the submissions the Arbitrator determines that the
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`only issue to be determined in this hearing at this stage is whether Claimant is
`entitled under the Agreements to a temporary injunction against Respondent from
`selling any of its remaining stores to any entity other than T-Mobile or an entity
`approved by it.
`Many of the issues raised by the parties must await a factual determinationi
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`At this preliminary stage of the proceedings the court reviews the Agreements as
`lawful on their face in the absence of factual evidence to the contrary which must
`await the merits.
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`Various provisions of the Agreements have different obligations as between
`T-Mobile and Verity. The provision that is determined to be operative in relation to
`this request for temporary injunction is Section 13. NON-COMPETITION.
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`In that Section the Provider acknowledges the benefits its receives from the
`Company and acknowledges the that its agreement not to compete is a “material
`consideration to Company entering into this Agreement and that Company would
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`1
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`DocuSign Envelope ID: 1F910F83-E1BB-4FD9-B340-23166D0095C5
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`Case 2:21-cv-00733 Document 1-4 Filed 06/03/21 Page 3 of 5
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`not have done so without such protections.”
`That “Provider, its principals owners, and/or any successor entity to Provider will
`not:
`13.1.3 directly or indirectly sell, assign or otherwise transfer any Provider Store
`Location to a wireless service provider…that competes with Company or any of its
`dealers with the Area.”
`13.1.4 The Parties agree that a breach of any provision in this Section 13.1 will
`result in irreparable harm to T-Mobile, and monetary damages would be an
`inadequate remedy for any breach by Provider, and T- Mobile may seek
`temporary, preliminary and permanent injunctive relief with respect to any such
`breach by Provider.
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`T-Mobile has shown in the Agreements a clear legal right.
`Clearly Section 13 prohibits sale of stores to competitors.
`Well grounded fear of immediate invasion of that right,
`At the hearing Verity acknowledged its intention to sell its remaining stores to
`Wecan, a T-Mobile competitor.
`Irreparable harm
`Verity acknowledges irreparable harm in Section 13.1.4
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`Therefore a temporarily injunction is necessary to preserve the status quo
`(a) prohibiting Verity from selling or transferring its Locations except to T-Mobile
`or to dealers with prior, express T-Mobile approval; (b) prohibiting Verity from
`directly or indirectly selling, transferring, or assigning any Location to any
`competitor or competitor’s agents.
`This order shall remain in effect until further order of the arbitrator.
`There is no showing of the need for a T- Mobile to file a bond.
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`Signed this 13th day of May 2021
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`Faith Ireland, Arbitrator
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`2
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`DocuSign Envelope ID: 1F910F83-E1BB-4FD9-B340-23166D0095C5
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`Case 2:21-cv-00733 Document 1-4 Filed 06/03/21 Page 4 of 5
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`i Among other issues:
`Whether T-Mobile was entitled to terminate its agreement without the notice required under Sec. 10.4.4.2
`of the Agreements.
`Whether T-Mobile unlawfully prohibited sale to a T-Mobile approved provider Amtel LLC.
`Whether Verity violated the Agreements in relation to its handling of subscribers.
`Whether T-Mobile was in breach by withholding commissions.
`Whether Verity breached Agreements by closing stores without required notice to T-Mobile.
`Whether the Agreements are contracts of adhesion.
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`3
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`DocuSign Envelope ID: 1F910F83-E1BB-4FD9-B340-23166D0095C5
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`Case 2:21-cv-00733 Document 1-4 Filed 06/03/21 Page 5 of 5
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`PROOF OF SERVICE BY E-Mail
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`Re: T-Mobile USA, Inc. vs. Verity Wireless, Inc.
`Reference No. 1160024282
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`I, Jenny Truex, not a party to the within action, hereby declare that on May 13, 2021, I served the
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`attached ORDER ON SECOND MOTION FOR EMERGENCY INJUNCTION on the parties in the within
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`action by electronic mail at San Diego, CALIFORNIA, addressed as follows:
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`Russell Jr. S. Jones Esq.
`Polsinelli PC
`900 W. 48th Place
`Suite 900
`Kansas City, MO 64112
`Phone: 816-753-1000
`rjones@polsinelli.com
` Parties Represented:
` T-Mobile USA, Inc.
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`Timothy B. Yoo Esq.
`Bird Marella Boxer, et al.
`1875 Century Park East
`23rd Floor
`Los Angeles, CA 90067
`Phone: 310-201-2100
`tby@birdmarella.com
` Parties Represented:
` Verity Wireless, Inc.
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`I declare under penalty of perjury the foregoing to be true and correct. Executed at San Diego,
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`CALIFORNIA on May 13, 2021.
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`_________________________________
`Jenny Truex
`JAMS
`jtruex@jamsadr.com
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`Jenny Truex
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