Motion-Secondary: Fermion Capital Management Ag v. Planet Project Solutions Llc, The Legal Representative Of The Estate Of John Storaska, Bret Storaska, Dean Mastrangelo, Mast High Fish Nets, Llc, Levantian Embrolios Trust

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                                At Part _____ of the Supreme Court of
                                                         the State of New York, County of New
                                                         York, held at the Courthouse located at
                                                         ________________, New York, New
                                                         York on the ________ of August 2023.


Present:       Hon. __________________________


SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
_______________________________________________

FERMION CAPITAL MANAGEMENT AG,

                        Petitioner,                            Index No. _____/2023
            -against-


PLANET PROJECT SOLUTIONS LLC, THE LEGAL                        [PROPOSED] ORDER TO
                                                               SHOW CAUSE FOR AN
REPRESENTATIVE OF THE ESTATE OF JOHN                           ORDER OF PRE-
STORASKA, BRET STORASKA, DEAN                                  ACTION DISCOVERY
MASTRANGELO, MAST HIGH FISH NETS, LLC,                         PURSUANT TO CPLR
                                                               § 3102(C)
AND LEVANTIAN EMBROLIOS TRUST

                        Respondents.


_______________________________________________




       On reading the Verified Petition dated August 23, 2023 the affirmation of Michael S.

Devorkin, Esq., dated August 23, 2023, and the Memorandum of Law dated August 23, 2023, it

is hereby

       ORDERED that Planet Project Solutions LLC, The Legal Representative of the Estate of

John Storaska, Bret Storaska, Dean Mastrangelo, Mast High Fish Nets, LLC, and Levantian
Embrolios Trust (each a “Respondent” and collectively, the “Respondents”) or their attorney

show cause before the Hon. _________________, a Justice of this Court, at Part ____, Room

____, at the New York County Supreme Court courthouse located at _________________, New

York, NY on the [Petitioner requests date between August 26 and 28]______ day of ____, 2023

at ______am/pm (the “Return Date”) or as soon thereafter as counsel may be heard, why an

Order should not be entered:

           1. Granting Petitioner, pursuant to CPLR § 3102(c), leave to serve on each

               Respondent a subpoena for:

                   a. the production of documents identified in Paragraph 30 of the annexed

                       Verified Petition, to be produced within seven (7) days of service of the

                       relevant subpoena;

                   b. a deposition of each Respondent, each lasting no longer than seven (7)

                       hours, excluding breaks, and each to be taken within ten (10) business

                       days of that Respondent’s production of the documents requested by

                       Petitioner;

           2. Directing Respondents to preserve all evidence relating to the matters described in

               the annexed Verified Petition, pursuant to CPLR § 3102(c); and

           3. Granting such other and further relief as the Court deems just and proper.

       ORDERED that a copy of this Order, together with the papers upon which it is based,

shall be served upon each Respondent by email and overnight mail or express delivery service, to

the extent Petitioner has such information, and if not such service is waived, on or before

___________, 2023; and it is further




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       ORDERED that answering papers, if any, shall be served on or before 4:00 p.m. one day

before the above return date by email to mdevorkin@golenbock.com and

kdavis@golenbock.com. Petitioner shall upload each response to the NYSCEF upon receipt.




                                                          ENTER:



                                                          _______________________
                                                          J.S.C.




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