Motion-Secondary: Mizuho Securities Usa Llc v. All Blue Investment Management Ltd.

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                                At an IAS Part of the Supreme Court for the
                                                        State of New York, held in and for the
                                                        County of New York at the Courthouse, on
                                                        the ____ day of ________, 2024.

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

                                                               Index No. _______________
 MIZUHO SECURITIES USA LLC,

                        Plaintiff,                             ORDER TO SHOW CAUSE
                                                               FOR AN ORDER OF
                - against -                                    ATTACHMENT AND
                                                               EXPEDITED DISCOVERY
 ALL BLUE INVESTMENT MANAGEMENT LTD.,                          WITH TEMPORARY
                                                               RESTRAINING ORDER
                        Defendant.



               Plaintiff Mizuho Securities USA LLC (“MSUSA”), by its attorneys, Patterson

Belknap Webb & Tyler LLP, having moved this Court for an Order to Show Cause why an order

of attachment and an order granting expedited discovery should not be issued against Defendant

All Blue Investment Management Ltd. (“All Blue”), and for a temporary restraining order;

               NOW, upon the application of MSUSA, and

               UPON the annexed Affidavit of Nate Spencer sworn to on March 3, 2024, and the

exhibits thereto, the Affirmation of Joshua A. Goldberg dated March 4, 2024, and the exhibits

thereto, the accompanying memorandum of law, and the Summons and Complaint, and upon all

papers filed and proceedings had herein; it is hereby

               ORDERED that All Blue show cause before this Court, at the Courthouse Part __

at 60 Centre Street, New York, NY, on the ____ day of ____________, 2024, at the time of

_____, or as soon thereafter as counsel can be heard, as to:
               WHY AN ORDER of pre-judgment attachment under Article 62 of the CPLR

should not entered against All Blue pending the determination of this action:

               a) attaching the assets of All Blue in New York, New York held in any account

                   held by Citibank N.A. in All Blue’s name, for an amount up to, but not

                   exceeding $19,185,675.87; and

               b) attaching any other monies, property, or other assets, in the possession or

                   custody of, in the name of, or belonging or owing to All Blue in the State of

                   New York, for an amount up to, but not exceeding, $19,185,675.87.

               WHY AN ORDER of expedited discovery pursuant to CPLR § 6220 of the CPLR

should not be entered against All Blue; it is hereby

               ORDERED that pursuant to CPLR § 6212(b), MSUSA shall post an undertaking

of $500 [or such amount as the Court may deem appropriate]; it is further

               ORDERED that, pending hearing and determination of this application, a

temporary restraining order pursuant to CPLR § 6210 is granted:

               a) restraining the assets of All Blue in New York, New York held in any account

                   held by Citibank N.A. in All Blue’s name, for an amount up to, but not

                   exceeding $19,185,675.87; and

               b) restraining any other such funds, monies, personal property, and/or interests in

                   personal property in the possession or custody of, in the name of, or belonging

                   or owing to All Blue in the State of New York, for an amount up to, but not

                   exceeding, $19,185,675.87; it is further

               ORDERED that service by e-mail upon All Blue or its attorneys of a copy of this

Order, along with copies of the papers in support thereof, and the Summons and Complaint, on



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or before the ___ day of _________, 2024, shall be deemed sufficient and proper service of this

application; and it is further

                ORDERED that, opposition papers, if any, are to be served so that they are

received by counsel for MSUSA on or before the ___ day of _________, 2024, and any reply

papers shall be served so that they are received by All Blue on or before the ___ day of

_________, 2024. All such papers may be served by filing on the Court’s electronic filing

system.



New York, New York                           ENTER:
March ___, 2024


                                             _______________________________
                                                         J.S.C.




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