FILED: NEW YORK COUNTY CLERK 10/15/ :48 PM INDEX NO /2017 NYSCEF DOC. NO. 9 RECEIVED NYSCEF: 10/15/2017 EXHIBIT C

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Transcription:

EXHIBIT C

[seal:] UNITED MEXICAN STATES JUDICIAL AUTHORITY OF THE FEDERATION ORIGINAL LIC. ROSALBA ORTEGA ACTING NOTARY PUBLIC NUMBER 101 [handwritten:] 1 505 UNITED MEXICAN STATES ELEVENTH DISTRICT COURT OF THE STATE OF SONORA HERMOSILLO JUDICIAL AUTHORITY OF THE NATION HEARING AND CASE RESOLUTION. In Hermosillo, Sonora, at nine hours and one minute of June first of two thousand and seventeen, Mr. DOMINGO ROMERO MORALES, Eleventh District Judge in the State of Sonora, participates in this public hearing assisted by Mr. Pavel Millanes Lerma, Court Clerk, and hereby declares open the hearing without the attendance of any of the parties. The Clerk informs the Judge that the following documents have been submitted: copy of the initial lawsuit and prior reports which are attached to such lawsuit. The Judge is hereby delivered with the brief signed by Alejandro Elías Calles Káram and Mario Meléndez Mendívil, registered under folio number 9845; for which the Judge states that: in accordance with Article 119 of the Law for the Protection of Constitutional Rights, the documents submitted as evidence are hereby deemed as offered and admitted and shall be considered for this case resolution. COMPARED Subsequently, based on Article 144 of the Law for the Protection of Constitutional Rights, the probation period is opened in its chapters of offer and admission of evidence; it is noted that the claimant offered such evidence and the probation period is closed. Afterwards, the pleadings period is opened, considering that the parties failed to submit any pleadings this period is closed and the resolution is successively prepared. 1

WHEREAS the records of the suspension of the Case for the Protection of Constitutional Rights No. 631/2017 have been reviewed, and WHEREAS: FIRST. The claimant SALSAS CASTILLO, A VARIABLE CAPITAL CORPORATION FOR THE PROMOTION OF INVESTMENT, through its legal representatives for lawsuits and collections, Alejandro Elías Calles Káram and Mario Meléndez Mendívil, as well as by Jesús Antonio Castillo Symonds, Juan Roberto Castillo Symonds and Maria del Refugio Castillo Symonds, requested the protection of the Federal Justice against the actions of the First Collegial Regional Court of the First Circuit of the State of Sonora, and another authority, specifically from the ruling of March twenty seventh of the current year, issued under folio No. 44/2017, by the First Collegial Regional Court of the First Circuit, with domicile in this city, as well as the order to leave without effect the injunctive relief granted under trial 2814/2016 by the First Trial Court for Commercial Matters, with domicile in this city. SECOND. Existence of the actions. The President of the First Collegial Court of the First Circuit of the State of Sonora, with domicile in this city, delivered its preliminary report, accepting the existence of the contested action.

[seal:] UNITED MEXICAN STATES JUDICIAL AUTHORITY OF THE FEDERATION LIC. ROSALBA ORTEGA ACTING NOTARY PUBLIC NUMBER 101 [handwritten:] 2 505 However, the First Trial Court in Commercial Matters of the Judicial District of Hermosillo, Sonora, sitting in this city, as executing authority, denied the existence of the actions which are contested, nevertheless, such denial has been cast aside by the acceptance of the existence of the contested action by the ordering authority, the First Collegial Court of the First Circuit of the State of Sonora, with domicile in this city, which allows to consider that the execution of such actions is attributable to such authority, and therefore these truly exist. Based on Articles 128 and 139 of the Law on Actions to Protect Constitutional Rights (Ley de Amparo), considering that the social interest is not affected, nor provisions of public order are infringed, and if the contested ruling is executed the interests of the claimant would be left undefended, notwithstanding that its purpose is precisely to ensure compliance of the obligation in the event a favorable ruling is obtained in the regular trial, it is hereby granted to the claimant, the definitive suspension it requests, so that the matter stays in its current state and the ruling, dated March twenty seventh of the current year issued by the First Collegial Regional Court of the First Circuit, with domicile in this city, is neither enforced nor effective until the merits of the main claim are resolved. COMPARED 3

The prior decision shall be effective as of this date, in accordance with the provisions of Article 136 of the Law on Actions for the Protection of Constitutional Rights, but shall cease to be effective if after five days, the claimant fails to provide a bond of $100,000.00 (ONE HUNDRED THOUSAND PESOS NATIONAL CURRENCY), to guarantee the damages that could be caused against the third party if the claimant fails to obtain a favorable ruling; such amount is discretionally set in accordance with the provisions of Article 132 of the aforementioned law, considering that the amount of claimed benefits in the original trial is unknown. Upon the understanding that, if the guarantee is delivered by surety bond it shall include in the section on account of the following statement the Technical Clerk is authorized to receive the information of this surety bond. This, in accordance with Article 883 of the General Decision of the Federal Judiciary Council, setting forth the administrative provisions of the Council. Now, therefore, in order to notify the third party Victor Manuel Ruiz Barboza, also known as Victor M. Ruiz and/or Victor Ruiz, based on the provisions of Article 298 of the Federal Code of Civil Procedure, of supplementary application to the Law for the Protection of Constitutional Rights, a letter rogatory is sent to the District Civil Judge of Mexico City, on duty, so that such Judge orders an

[seal:] UNITED MEXICAN STATES JUDICIAL AUTHORITY OF THE FEDERATION LIC. ROSALBA ORTEGA ACTING NOTARY PUBLIC NUMBER 101 [handwritten:] 3 505 individual to personally notify the third party Victor Manuel Ruiz Barboza, also known as Victor M. Ruiz and/or Victor Ruiz, at the domicile located in Avenida Santa Fe, No. 505, First Floor, Mezzanine 2B, Colonia Santa Fe, Cuajimalpa Delegation, Zip Code 05348, in Mexico City, and deliver to him a copy of this case resolution. In virtue of the foregoing and based on Article 131 of the Law for the Protection of Constitutional Rights, it is: DECIDED: One. It is granted to the claimant SALSAS CASTILLO, A VARIABLE CAPITAL CORPORATION FOR THE PROMOTION OF INVESTMENT, the requested definitive suspension, regarding each of the contested actions of the authorities described in paragraph second of this resolution, for the reasons expressed therein. COMPARED Notify, as a matter of law the responsible authorities, personally the third parties and by docket to the claimant. Such was resolved and signed by Mr. DOMINGO ROMERO MORALES, Eleventh District Judge in the State of Sonora, assisted by Mr. Pavel Millanes Lerma, Court Clerk, with whom he legally acts and who authorizes and attests. IN WITNESS WHEREOF. [signature] [signature] 5

In Hermosillo, Sonora, at nine o clock on June 2, 2017, the decision above was published by judicial body as well as Federation, notification that based on Article 29 of the Law Article 31, section II, of the law on the subject matter. In witness whereof [signature] Lic. Graciela Margarita DIGITIZED Frisby Vega. UNITED MEXICAN STATES

[logo:] SE [seal:] STATE OF SONORA OF ECONOMY UNITED MEXICAN STATES Entry of Registration ENTRY OF REGISTRATION REQUEST Public Registry of Commerce Hermosillo REGISTRATION RECORDS 20170012041300C1 Unique Document Number FME Name Physical Record 293 SALSAS CASTILLO, A VARIABLE CAPITAL CORPORATION FOR THE PROMOTION OF INVESTMENT REGISTRATION INFORMATION NCI Date and Time Applicant Mode 201700120413 06/26/2017 02:18:11 T. CENTER INFORMATION FROM DOCUMENT FILED Document No. 631/2017/INC CLAUDIA LIZBETH RAMOS ISSUED BY Document Type OFFICIAL LETTER Authority Type of authority Region ELEVENTH DISTRICT JUDGE Judicial Authority ACTIONS TO BE REGISTERED Window FME Form Name of the Action Filing Date 293 M33-By Order Of The Authority Other 06/26/2017 02:17:45 T. CENTER PAYMENT RELATING TO THE APPLICATION Amount to be Paid Paid Amount Date LIC. ROSALBA BAZAN ORTEGA ACTING NOTARY PUBLIC HERMOSILLO, SONORA $2,640.00 $0.00 06/26/2017 02:17:44 T. CENTER UNITED MEXICAN STATES COMPARED of Payment Amount Date of Payment Capture Line $0.00 26/06/2017 12:00:00 T. CENTER 0000000000000000000000 time DIGITAL TIME STAMP Document Type 26191811.0318Z

UNITED MEXICAN STATES PAGE WITHOUT TEXT

[logo:] SE [seal:] STATE OF SONORA OF ECONOMY Entry of Registration Public Registry of Commerce Hermosillo gcbsffmagtvajg+j6rkaxq== LIC. ROSALBA BAZAN ORTEGA ACTING NOTARY PUBLIC HERMOSILLO, SONORA 20170012041300C1 Unique Document Number INFORMATION ON THE OFFICIAL THAT RECEIVED THE PROCESSED CASE HERNÁNDEZ MIRANDA UNITED MEXICAN STATES COMPARED

IN THE CITY OF HERMOSILLO, SONORA, ON JULY TENTH OF TWO THOUSAND AND SEVENTEEN, THE CLERK OF THE ELEVENTH DISTRICT COURT IN THE STATE OF SONORA, LICENCIADO PAVEL MILLANES LERMA, HEREBY CERTIFIES THAT THESE ARE TRUE AND ACCURATE COPIES OF THE SUSPENSION RELATING TO THE ACTION TO PROTECT CONSTITUTIONAL RIGHTS 631/2017 INDEXED BY THIS FEDERAL COURT. IN WITNESS WHEREOF. CLERK OF THE COURT LIC. PAVEL MILLANES LERMA UNITED MEXICAN STATES ELEVENTH DISTRICT COURT SONORA, HERMOSILLO JUDICIAL AUTHORITY OF THE FEDERATION

[LIC. ROSALBA ORTEGA ACTING NOTARY PUBLIC NUMBER NOTARY PUBLIC 101 101 HERMOSILLO, SONORA MEXICO THE UNDERSIGNED LICENCIADA ROSALBA BAZÁN ORTEGA ALTERNATE OF THE NOTARY PUBLIC ONE HUNDRED AND ONE, EXERCISING AND DOMICILED IN THIS NOTARIAL DISTRICT, C E R T I F I E S: THAT THIS DOCUMENT IS CONTAINED IN 5 (FIVE) PAGES AND IS A TRUE AND ACCURATE COPY OF THE ORIGINAL HEARING AND CASE RESOLUTION OF HERMOSILLO, SONORA DATED 1 (FIRST) OF JUNE OF THE YEAR 2017 (TWO THOUSAND AND SEVENTEEN), SEALED BY THE ELEVENTH DISTRICT COURT IN THE STATE OF SONORA, WITH DOMICILE IN HERMOSILLO, JUDICIAL AUTHORITY OF THE FEDERATION, WHICH I WAS ABLE TO REVIEW, READ AND COMPARE IN DETAIL IN WITNESS WHEREOF. THIS CERTIFICATION IS ISSUED IN ACCORDANCE WITH ARTICLE TWENTY-THREE SECOND PARAGRAPH OF THE NOTARIAL LAW OF THE STATE OF SONORA, IN HERMOSILLO, SONORA, MEXICO ON THE 08 (EIGHTH) DAY OF SEPTEMBER OF THE YEAR 2017 (TWO THOUSAND AND SEVENTEEN). IN WITNESS WHEREOF.------------- LIC. ROSALBA BAZÁN ORTEGA ACTING NOTARY PUBLIC 101 BAOR-810715-2G9 [LIC. ROSALBA ORTEGA ACTING NOTARY PUBLIC NUMBER 101 HERMOSILLO, SONORA MEXICO NOTARY PUBLIC 101 HERMOSILLO, SON. [signature] LIC. ROSALBA BAZÁN ORTEGA ACTING NOTARY PUBLIC NUMBER 101 BAOR-810715-2G9 Paseo Rio Sonora #205 Int. 201 Work Space Building 109, second floor Col. Proyecto Rio Sonora, Hermosillo, Sonora, Mexico. Tels: (662) 2137735 and 2137736 www.notaria101hermosillo.com.mx, Email: notaria101hermosillo@hotmail.com

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