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| CORVEX MANAGEMENT LP, et al., • IN THE Plaintiffs • CIRCUIT COURT • FOR COMMONWEALTH REIT, et al., • BALTIMORE CITY, PART 23 Defendants. • Case No.: 24-C-13-001111 * * * * * * * * * * * ORDER DENYING EMERGENCY TEMPORARY STAY OF ARBITRATION PROCEEDINGS Upon consideration of Plaintiffs Corvex Management LP’s and Related Fund Management LLC’s (“Plaintiffs”) Emergency Motion for a Temporary Stay of Arbitration Proceedings (docket #00005000), accompanied by a Request for Emergency Hearing and Exhibits, all filed on March 13, 2013, Defendants Barry M. Portnoy, Adam D. Portnoy, Joseph L. Morea, William A. Lamkin, and Frederick N. Zeytoonjian’s (“Trustee Defendants”) Memorandum of Law in Opposition to Corvex’s Emergency Motion for a Temporary Stay of Arbitration Proceedings (docket #00005003), accompanied by Affidavit and Exhibits, all filed on March 15, 2013, Plaintiffs’ Reply Memorandum in Support of their Motion for a Temporary Stay of Arbitration Proceedings (docket #00005004), accompanied by associated Declaration and Exhibits, all filed on March 18, 2013, and the argument presented by the parties at the hearing held on today’s date, this Court finds that the Plaintiffs have failed to provide sufficient facts necessary to satisfy their requirement to show that, without the issuance of a temporary stay, immediate, substantial, and irreparable harm will result to them if the arbitration selection process is not enjoined before this Court is able to rule on the enforceability of the arbitration bylaws in dispute. It is therefore, this 18th day of March 2013, by the Circuit Court for Baltimore City, Part 23, hereby 1 |