MOTION TO STAY ACTION The motion is granted in part. The Pledge Agreements provide that Defendants’ obligations with respect to th Exchange Interests and Rights for the Pledged Securities are “absolute and unconditional”, an “shall remain in full force and effect without regard to, and shall not be released, suspended discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever” Should the arbitrator find in favor of Defendants on their claim that Plaintiff is in breach of th MIPA, these obligations will remain unaffected. The court therefore finds that the issue involved in Plaintiffs’ 6th c/a for declaratory relief with regard to the Exchange Interests an Rights for the Pledged Securities are severable from the issues involved in the arbitration Pursuant to CCP Section 1281.4 the court exercises its discretion to limit the stay and permi Plaintiff to conduct discovery solely as to 6th cause of action; and grants Plaintiffs’ request t propound no more tha
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MOTION TO STAY ACTION The motion is granted in part. The Pledge Agreements provide that Defendants’ obligations with respect to th Exchange Interests and Rights for the Pledged Securities are “absolute and unconditional”, an “shall remain in full force and effect without regard to, and shall not be released, suspended discharged, terminated or otherwise affected by, any circumstance or occurrence whatsoever” Should the arbitrator find in favor of Defendants on their claim that Plaintiff is in breach of th MIPA, these obligations will remain unaffected. The court therefore finds that the issue involved in Plaintiffs’ 6th c/a for declaratory relief with regard to the Exchange Interests an Rights for the Pledged Securities are severable from the issues involved in the arbitration Pursuant to CCP Section 1281.4 the court exercises its discretion to limit the stay and permi Plaintiff to conduct discovery solely as to 6th cause of action; and grants Plaintiffs’ request t propound no more tha