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1 E. Ellis Mark M. LaVoie Theresa LAW GROUP LLP ELLIS University Avenue, Suite 0 0 CA Sacramento, () - Tel: () - Fax: mellis@ellislawgrp.com tlavoie@ellislawgrp.com for Plaintiffs FRAN COLE, KRISTIN HERMAN, JULIA TARNAWSKI, AND JACKIE Attorneys COLE, KRISTIN HERMAN, JULIA FRAN AND JACKIE BARTON, TARNAWSKI, and other California individuals Individually, situated, similarly WALKING HORSE BREEDERS' TENNESSEE EXHIBITORS' ASSOCIATION, a AND ORDER GRANTING [PROPOSED] RESTRAINING ORDER, TEMPORARY EQUITABLE RELIEF, AND OTHER TO SHOW CAUSE WHY A ORDER INJUNCTION SHOULD PRELIMINARY ISSUE NOT "Plaintiffs") have filed their Complaint against Defendant Tennessee Walking Horse Breeders' & Case :-cv-000-kjm-ac Document - Filed 0// Page of BARTON UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SACRAMENTO DIVISION :-cv-000-kjm-ac Case No.: Plaintiffs, go Tennessee Corporation, Defendant. Plaintiffs Fran Cole, Kristin Herman, Julia Tarnawski and Jackie Barton (collectively Exhibitors' Association ("TWHBEA"), seeking a permanent injunction and other equitable relief in this matter pursuant to the Americans With Disabilities Act of 0 ("ADA"), 0(a)(), U.S.C. (a)(), Unruh Civil Rights Act (Civ. Code.(b), the Business & Professions Code and, and under this Court's inherent equitable power to grant all temporary and preliminary relief necessary to effectuate final relief, ttecht Co. v. Bowles () U.S.,. The Court has considered the pleadings, declarations, exhibits and memorandum of law filed in --

2 pertaining the voting rights of TWHBEA's members. ability to grant effective final relief for Plaintiffs, and other California members similarly situated, will meeting in Lewisburg, Tennessee, and prohibiting Defendant TWHBEA from taking a vote in person only in Tennessee on the removal of California Director, Christy Lantis.. Weighing the equities and considering Plaintiffs' likelihood of ultimate success, a Case :-cv-000-kjm-ac Document - Filed 0// Page of support thereof and makes the following findings of fact:. This Court has jurisdiction over the subject matter of this case. There is also good cause to believe that it will have jurisdiction over all parties hereto, and that venue in this district is proper.. There is good cause to believe that Defendant TWHBEA has engaged in, and is likely to engage in acts and practices that violate the ADA, U.S.C., et seq., the California Unruh Civil Rights Act, Cal. Civ. Code and, the Business & Professions Code 0 et seq., the Tennessee Nonprofit Corporations Act, and that breach the TWHBEA Bylaws under Articles II and III. There is good cause to believe that immediate and irreparable harm will result from, et seq., Unruh Civil Rights Act, Cal. TWHBEA's ongoing violations of the ADA, U.S.C. Civ. Code and, the Business & Professions Code 0 et seq., the Tennessee Nonprofit Corporations Act, and TWHBEA Bylaws, unless TWHBEA is restrained and enjoined by order of this Court.. There is good cause to believe that immediate and irreparable damage to the Court's occur if Defendant TWHBEA is not provided with shortened notice of this Order, and that in accordance with Fed. R. Cir. Pr. (b) and Local Rules 0 and, the interests of justice require that this Order be granted on hour notice to Defendant TWHBEA. There is thus good cause for relieving Plaintiffs of the duty to provide TWHBEA with notice of the Plaintiffs' motion and for the entry of the ancillary relief continued in this Order, including staying the February, special temporary restraining order staying the February,, special meeting, and instead requiring Defendant TWHBEA to provide secret written ballots to its California members to vote on the removal of Christy Lantis by March,, is in the interest of the Plaintiffs, and the other California members of TWHBEA.

3 agreed to pay for the cost of preparing and mailing the written ballots to vote by mail on the removal of refusing to provide the California members with secret written ballots to vote for the removal of expire on,, at o'clock.m. (Pacific Time), unless Defendant TWHBEA shall appear before this Court on the day of,, at Complaint against Defendant TWHBEA, enjoining them from further violations of the ADA, Bylaws, and further make the following order: Case :-cv-000-kjm-ac Document - Filed 0// Page of. No security or bond is required in that Plaintiffs and other California members have California Director, Christy Lantis. IT IS THEREFORE OllI)EREI) that Defendant TWHBEA, and their officers, directors, agents, employees, and attorneys, and all other persons in active concert or participation with any of them, are hereby temporarily restrained and enjoined from:. Proceeding with the February,, special meeting in Lewisburg, Tennessee, wherein all California members who are voting on the removal of California Director, Christy Lantis, must attend in person in order to cast their vote;. Violating the ADA, U.S.C., et seq., Unruh Civil Rights Act, Cal. Civ. Code and, the Business & Professions Code 0 et seq., and the TWHBEA Bylaws by California Director, Christy Lantis, by mail. IT IS FURTHER ORDERED that the Temporary Restraining Order granted herein shall extended, or unless, TWHBEA consent that it within such time, the Order, for good cause shown, is should be extended for a longer period of time. See Fed. R. Civ. P. (b)() (a TRO must expire within days of entry). Parties may apply to the court for modification or dissolution of the TRO on two () days- notice or such shorter notice as the court may allow. See Local Rule - and FRCP (b). IT IS FURTHER ORDERED, pursuant to Federal Rules of Civil Procedure, that o'clock.m. (Pacific Time), at 0 I Street, California, Courtroom, to show cause, if there is any, why this Court should not enter a Preliminary Injunction, pending final ruling on the U.S.C., et seq., Unruh Civil Rights Act, Cal. Civ. Code and, the Business & Professions Code 0 et seq., the Tennessee Nonprofit Corporations Act and the TWHBEA --

4 . Defendant TWHBEA shall file with the Court and serve on Plaintiffs' counsel any. Plaintiffs may file responsive or supplemental pleadings, materials, declarations, or personal or overnight delivery, electronic mail, or by facsimile, and documents shall be delivered so appropriate dates listed in this Section; and SO ORDERED, this day of,, at.m. Case :-cv-000-kjm-ac Document - Filed 0// Page of. By February,, Defendant TWHBEA shall provide California members of TWHBEA secret written ballots to vote for the removal of California Director, Christy Lantis;. Written ballots from the California members are to be submitted to an independent Certified Public Accountant, mutually agreed upon by the parties, by March, for tabulation;. Defendant TWHBEA shall publish the results of the vote on the removal of California Director, Christy Lantis, by March, ;. Should the majority of the California members vote to remove Christy Lantis as their California Director as determined by the March election, Defendant TWHBEA shall take all necessary steps to immediately remove Christy Lantis as the California Director and as a member of the TWHBEA Executive Committee. IT IS FURTHER ORDERED that: answering pleadings, motions, or declarations, and/or legal memorandum no later than four () business days prior to the hearing on Plaintiffs' request for a preliminary injunction; memoranda with the Court and serve the same on counsel for Defendants no later than one () business day prior to the preliminary injunction hearing in this matter, provided that serve shall be performed by that they shall be received by the other parties no later than :00 p.m. (Pacific Standard Time) on the. There will be no direct examination of witnesses at the preliminary injunction hearing in this matter. Direct testimony shall be presented in the form of declarations or affidavits. IT IS FURTHER ORDERED that this Court shall retain jurisdiction of this matter for all purposes. Mueller Honorable Kimberly J. United States District Court Judge

5 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or Sacramento, CA. ORDER GRANTING TEMPORARY RESTRAINING ORDER, OTHER PROPOSED] RELIEF, AND ORDER TO SHOW CAUSE WHY A PRELIMINARY EQUITABLE FACSIMILE: The above-described document(s) was transmitted via facsimile from VIA fax number shown on the attached facsimile report, at the time shown on the attached the report, and the attached facsimile report reported no error in transmission and facsimile was issued from the transmitting facsimile machine, and a copy of same was mailed, properly on same date to the following: this OVERNIGHT SERVICE: The above-described document(s) will be delivered by VIA Kennedy Kevin Kennedy Law Firm The S. r l Street TN 00-0 Clarksville, B y " for Service of Process for Defendant Agent Walking Horse Breeders' and Tennessee Q er E ller Case :-cv-000-kjm-ac Document - Filed 0// Page of CERTIFICATE OF SERVICE I, Jennifer E. Mueller, declare: interested in the within entitled cause. My business address is University Avenue, Suite 0 East, On January,, I served the following document(s) on the parties in the within action: INJUNCTION SHOULD NOT ISSUE X X overnight service, to the following: Exhibitors' Association Fax: () -00 I declare under penalty of perjury under the laws of the State of California that the foregoing is a true and correct statement and that this Certificate was executed on January,. --