Case 1:07-cv-00262-PB Document 4 Filed 08/21/2007 Page 1 of 2

UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIR E

EDWARD FISH
and TYLER LIBBY,
individuals,

Plaintiffs, Case No, c= I~~ L V

V.

QUIXTAR, INC .,
a Michigan corporation ,

Defendant .

TEMPORARY RESTRAINING ORDER,

AND ORDER TO APPEA R

This Court having read the Verified Complaint of Plaintiffs requesting a Temporary

Restraining Order and Preliminary Injunction, and the Memorandum in Support, and considered

the arguments of counsel ; and it appearing that the plaintiffs will likely succeed on the merits of

their claim that the parties' dispute is arbitrable, but that arbitration will be ineffective if

defendant Quixtar is allowed to carry out its threat of termination before arbitration ; and it

further appearing that if terminated, the Plaintiffs do not have an adequate remedy at law and that

the threatened actions of Defendant Quixtar will cause immediate and irreparable injury to

Plaintiffs ; and it further appearing that termination of the Plaintiffs' businesses will cause

immediate irreparable injury ; and it further appearing that the balance of hardships favors the

Plaintiffs : the Court orders as follows :

1 . This Order is entered without notice to prevent immediate and irreparable harm which

would result from the delay required to affect such notice ,

71 i9sNO . 1
 Case 1:07-cv-00262-PB Document 4 Filed 08/21/2007 Page 2 of 2

Pending a hearing on the preliminary injunction, Defendant Quixtar is restrained and

enjoined from :

a . Suspending, terminating, or taking any other action adverse to the

Plaintiffs' distributorships for their refusal to enter into the new

contractual terms unilaterally designated by Quixtar ;

"„
r--9

Be ~n~d stttmdim. ,

tntuts

3 . Defendant Quixtar shall appear before this Court on /hfw 2 ? 2007,

~
at _'. 4() (Al
Q', at which time th e
A Inc Wl"V4101 40 dIeWwa•ca/ .
Court will consider whethe r

4. This Temporary Restraining Ord e shall expire on A~'`'r '? / , 2007, a t

/2 -, w ,or

IT IS SO ORDERED this day of August, 2007, at '0 st A

~~~,✓~~,G~s' ~s~ ~l/ r~on~ 7

~S~ YJ
~ ~~iM, 'j ► ~~ O~w~/Nr~ ib
.J Aw0 P2,rG/
~'~Glt~- d7 LJS~.tasf ~~ Honorable ~{ filFed~ d ' ~ ~~Li
, -T ~6 ~ C~u~B~et-3ndge
A oTt P ~ J
1 +ka b-A4
~._.. r, nO .,Gi . me o
~11 ~ ' AD IvA -,
-F-* A~ 2
2 1 1 9380 . 1
JMM$/