Opinion
No. 02 Civ. 4282 (LTS)
September 9, 2002
PRELIMINARY INJUNCTION
THIS MATTER came to be heard on July 24, 2002, on plaintiff Merrill Lynch Investment Managers' ("MLIM") Motion for a Preliminary Injunction. At that hearing, the Court considered MLIM's complaint, dated June 6, 2002, the Affidavit of Judith Welcom, sworn to on June 6, 2002, and the exhibits thereto, the Affidavit of Donald Burke in Support of MLIM's Motion for a Preliminary Injunction, sworn to on June 5, 2002, MLIM's Memorandum of Law in Support of its Motion for a Preliminary Injunction, the Amended Preliminary Stipulation of Facts, dated June 24, 2002, Optibase, Ltd.'s ("Optibase") Memorandum of Law in Opposition to MLIM's Motion for Preliminary Injunction, the Declaration of Zvi Halperin, sworn to on June 18, 2002, and the exhibits thereto, the Affidavit of Stephen P. Younger, sworn to on June 18, 2002, and the exhibits thereto, MLIM's Reply Memorandum of Law in Support of its Motion for Preliminary Injunction, the Second Affidavit of Judith Welcom, sworn to on June 21, 2002, and the exhibits thereto, and the letter to the Court from Stephen P. Younger, dated June 27, 2002, and the exhibits thereto. The Court also heard the arguments of counsel.
After due deliberation, and for the reasons stated on the record of the July 24, 2002 proceedings in this matter,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED pursuant to Rule 65 of the Federal Rules of Civil Procedure, that Optibase, its officers, agents, servants, employees, attorneys, and all persons who are in active concert or participation with Optibase be and hereby are preliminarily enjoined and restrained from proceeding with arbitration of the claims pending as against MLIM before the NYSE under case number 2002-009922;
IT IS FURTHER ORDERED, that this Preliminary Injunction shall remain in full force and effect until the final judgment in this action or until further order of the Court, whichever occurs first.
SO ORDERED.