Motion-Secondary: Siddarth Gupta, Linsay Villareal v. Jeffrey Schultz, Gregory Tannor, Sam Phelps, Flowerhouse Ny Llc, Michael Silverman, Ny Farm Holdco Llc

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                                At an IAS Part ____ of the Supreme
                                                                       Court of the State of New York, at
                                                                       the Courthouse thereof, located at 60
                                                                       Centre Street, New York, New York
                                                                       on the ___ day of February 2024.


P R E S E N T:

           Hon. ______________________________
                      Justice

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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SIDDARTH GUPTA and LINSAY VILLAREAL,
                                                                       Index No. _______________
                                 Petitioners,

             -against-                                                 ORDER TO SHOW CAUSE
                                                                       PURSUANT TO CPLR 7502(c)
JEFFREY SCHULTZ, GREGORY TANNOR, SAM                                   IN AID OF ARBITRATION
PHELPS, FLOWERHOUSE NY LLC, MICHAEL
SILVERMAN, and NY FARM HOLDCO LLC,

                                  Respondents.
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        Upon reading and filing the petition of Petitioners, SIDDARTH GUPTA and LINSAY

VILLAREAL (“Petitioners”), the Affirmation of Siddarth Gupta, dated February 14, 2024 (and

upon the exhibits annexed thereto), the Emergency Affirmation in Support of Petitioners’ Order

to Show Cause, dated February 14, 2024, and the supporting Memorandum of Law, dated

February 14, 2024,

        LET the Respondents, JEFFREY SCHULTZ, GREGORY TANNOR, SAM PHELPS,

FLOWERHOUSE NY LLC, MICHAEL SILVERMAN, and NY FARM HOLDCO LLC

(“Respondents”), show cause at IAS Part ___, Room ____, of this Court, to be held at the
Courthouse, 60 Centre Street, New York, New York on the ____ day of _____________, 2024,

at _______ o’clock in the forenoon or as soon as counsel may be heard why an order should not

be issued and entered, pursuant to New York Civil Practice Law and Rules § 6301 and §

7502(c), preliminarily enjoining and restraining Respondents, in aid of an arbitration to be

commenced, as follows:

       1. From transferring, removing, using or otherwise dispensing with any assets of

           FLOWERHOUSE NY LLC (also referred to herein as the “Company”), including

           any cannabis, cash, inventory, equipment or intellectual property in a manner that is

           not consistent with the ordinary course of the Company’s business,

       2. precluding Respondents from interfering with SIDDARTH GUPTA’s authority as

           Manager under the Company’s Amended and Restated Operating Agreement,

           including but not limited to reinstating him as a Manager, reinstating his email

           accounts, returning company property taken from him, and giving SIDDARTH

           GUPTA full and complete access to the Company’s books and records; and

       3. removing MICHAEL SILVERMAN from the Company Board because he was

           illegally placed on the Board without any authority under the Company’s governing

           Operating Agreement; and it is further

       ORDERED that, pending the hearing and adjudication of this motion, the Respondents

are enjoined and restrained from transferring, removing, using or otherwise dispensing with any

assets of FLOWERHOUSE NY LLC, including any cannabis, cash, inventory, equipment or

intellectual property in a manner that is not consistent with the ordinary course of the Company’s

business, preserving all Company records and documents, and providing SIDDARTH GUPTA

with access to his emails and all financial records of the Company.




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          ORDERED that a true copy of this order and all papers referred to above on which it is

based be served by overnight courier on Respondents: Jeffrey Schultz, at 1301 Avenue of the

Americas, New York, New York 10019; Gregory Tannor, at 600 Madison Avenue, 3rd Floor,

New York, New York 10022; Sam Phelps, at 90 Wallkill Road, Walden, New York 12586;

Flowerhouse NY LLC, at 11 Maple Avenue, Rock Tavern, New York                  12757; Michael

Silverman, at 165 Birch Drive, Rosalyn, New York 11576; NY Farm Holdco LLC, at 655

Third Avenue, 18th Floor, New York, New York 10017, which shall be deemed good and

sufficient service; and it is further

          ORDERED that answering papers, if any, shall be served so as to be received by

BRONSTER LLP, attorneys for Petitioners, at 156 West 56th Street, Suite 703, New York,

New York 10019, on or before 5:00 P.M. on the ____ day of ________________2024; and it is

further

          ORDERED that Petitioners’ reply papers, if any, be served on Respondents via

overnight mail, or if Respondents are represented by counsel, served via e-filing on or before

5:00 p.m. on the _______ day of _________________ 2024.




                                                     ENTER:



                                                     HON.                        J.S.C.




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