TEMPORARY RESTRAINING ORDER SIGNED BY NEVADA JUDGE:
Filed in the District Court of Clark County, Nevada August 28, 1998 1:49 PM
Case No. A392526 Dept No. IV Docket C
TRO RICHARD A. KOCH, ESQ. Nevada Bar No. 1598 RICHARD A. KOCH, LTD. 4520 S. Pecos Road, Ste. #4 Las Vegas, Nevada 89121 (702)451-3900
OILEX, INC., a Nevada Corporation; SAUL YARMAK, a Nevada resident, in his capacity as President of OILEX, INC., and on his own behalf as a shareholder of OILEX, INC. Plaintiffs,
vs.
ALLEN L. BURDITT II; ROBIN FREDERICK, a/k/a ROBIN FREDERICK BURDITT; CAYE CHAPEL, INC., a Nevada corporation; WAIANAE, S.A. (Costa Rica corp); C.L. BURKE; WILLIE DAVIS; OMAR AHMAD; BT ENERGY, a Texas partnership, OLIVER H. TIMMINS III; CYNTHIA C. TIMMINS; INTERWEST TRANSFER CO., INC.; JOHN G. CRAIG; CHRISTOPHER BURKE; PHOENIX RESERVES, INC.; PHOENIX RESERVES, LTD,; CHURCHILL RESOURCES, INC.; M. PATTON HOLDINGS, LTD.; B.T. ENERGY GROUP, INC.; and DOES I through X inclusive. Defendants
TEMPORARY RESTRAINING ORDER
The Ex Parte Motion of the Plaintiffs having come before the Court on the date and year set forth below, and the Court having examined the said Motion and its supporting Points and Authorities and Affidavit, and the Court being satisfied that if Temporary Restraining Order does not issue that irreparable harm will result to the Plaintiffs, namely, that the Defendants will sell to third parties stock in the corporation which does not rightfully belong to the Defendants, which sale will irreparably damage the financial ability of the Plaintiff corporation to survive, and it appearing that Plaintiffs have notified Interwest Transfer Co., Inc. of the pendency of this Motion, and good cause appearing, it is hereby
ORDERED that the Defendant, Interwest Transfer Co., Inc. is restrained from transferring any stock of Oilex, Inc. owned by any of the Defendants, unless otherwise ordered by the Court. It is further
ORDERED that this Temporary Restraining Order shall expire 15 days from the date it is entered, unless otherwise extended by the Court. It is further
ORDERED that this matter shall be set for hearing on the 10th day of September, 1998, at the hour of 9:30 am at which time the Court shall determine whether to issue a preliminary injunction that will continue the relief ordered herein. It is further
ORDERED that the Plaintiffs shall post bond in the sum of $100.00 as a condition of the issuance of this Order, for the payment of any costs and damages suffered by Defendant Interwest Transfer Co., Inc.
Dated this 26th day of August, 1998, at the hour of 4:10 p.m.
/s/ DISTRICT COURT JUDGE
Submitted By:
RICHARD A. KOCH, LTD.
/s/ RICHARD A. KOCH, ESQ. Nevada Bar No. 1598 4520 S. Pecos Road, Ste. #4 Las Vegas, Nevada 89121 Attorney of Plaintiffs
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