The following e-filed documents, listed by NYSCEF document number (Motion 070) 1962, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970, 1971, 1972, 1973, 1974, 1975, 1976 were read on this motion to/for

Since the parties have scheduled Mr. Hirst’s deposition for February 23 and 28, 2023, this motion is moot.

653468/2015 WIMBLEDON FINANCING MASTER vs. WESTON CAPITAL MANAGEMENT LLC Motion No. 070

• Absent a court order or agreement among all of the parties, Albert Hallac’s continued deposition shall occur on January 20, 2023.

• Counsel for plaintiff and Mr. Hirst shall promptly engage in a good-faith meet and confer to attempt to schedule Mr. Hirst's deposition on two dates on or before February 28, 2023.

Plaintiff's proposed order to show cause will be held in abeyance until counsel emails the court, by no later than January 10, 2023, to report on whether the parties have scheduled the deposition.

Plaintiff, At Part 54 of the Supreme Court of the State of New York, on the __ day of January, 2023

: GALANIS, ELIZABETH BIANCO, as Administratrix of : the Estate of JOSEPH BIANCO, GARY HIRST, :

Upon the accompanying Affirmation of Michael K. Eggenberger, and the exhibits annexed thereto, the accompanying Memorandum of Law, dated January 6, 2023, and the documents referenced therein, and upon all prior pleadings and proceedings herein: LET Gary Hirst (“Hirst”) appear at Part 54 of this Court, 60 Centre Street, New York, New York, on January __, 2023, at 11:00 a.m., or as soon thereafter as counsel may be heard, to show cause why an order should not be entered: (1) pursuant to CPLR 3126, striking the Third Amended Answer of Hirst, unless he schedules two deposition dates in this matter within __ days of service of any ordered entered hereon, with notice of entry, and appears for both scheduled deposition dates by February 28, 2023, and (2) pursuant to CPLR 3126 and 22 NYCRR § 130-1.1, awarding Plaintiff costs and sanctions for making this motion, and (3) granting such other and further relief as the Court deems warranted.

THEREFORE, on application of Kaplan Rice LLP, counsel for Plaintiff Wimbledon Financing Master Fund, Ltd. (In Official Liquidation), as assignee of Weston Capital Partners Master Fund, II, Ltd., it is hereby: ORDERED, that service of this Order to Show Cause and the papers upon which it is based shall be made by e-filing by January 6, 2023, which shall be deemed good and sufficient service, and it is further ORDERED, that answering papers, if any, shall be e-filed by January __, 2023 at 9:30am; and it is further ORDERED, that oral argument shall be heard on January __, 2023 at 11:00 a.m.

• The fact discovery deadline is extended to February 28, 2023.

• A stipulation setting firm deadlines for the remaining depositions shall be filed by December 21, 2022.

The depositions must proceed as scheduled absent a court order or agreement among all of the parties.

• The parties shall update the court by March 1, 2023, to confirm that fact discovery has been completed, and in that update if the parties will be calling experts they shall propose an expert discovery schedule.

This deadline will only be extended if there will be expert discovery.

WHEREAS, on October 26, 2020, a judgment previously was entered in favor of plaintiff Wimbledon Financing Master Fund Ltd. (Wimbledon) against defendants Weston Capital Management LLC (WCM) and Weston Capital Asset Management LLC (WCAM), among others (Dkt. 1692) (the 2020 Judgment); and WHEREAS, by Orders dated and entered on September 30, 2022 (Dkt. 1943) and August 23, 2022 (Dkt. 1937), the Court granted Wimbledon's unopposed motion for summary judgment against defendant Albert Hallac and held that Albert Hallac is jointly and severally liable for the 2020 Judgment against WCM and WCAM; and WHEREAS, the 2020 Judgment has not been paid in whole or in part, and Albert Hallac is therefore liable for the full amount of the 2020 Judgment against WCM and WCAM; accordingly, it is ORDERED that, upon the filing of a proposed judgment to the Clerk, the Clerk is directed to enter judgment in favor of plaintiff Wimbledon Financing Master Fund Ltd. against defendant Albert Hallac in the amount of $34,979,320.94, plus 9% statutory pre-judgment interest from October 27, 2020 to the date judgment is entered, plus $3,928,022.74 in punitive damages; and it is further ORDERED that the judgment against Albert Hallac is joint and several with the 2020 Judgment against Weston Capital Management LLC and Weston Capital Asset Management LLC; and it is further 653468/2015 WIMBLEDON FINANCING MASTER vs. WESTON CAPITAL MANAGEMENT LLC

Page 1 of 2 ORDERED that such judgment against Albert Hallac is hereby severed and the action shall continue against the remaining defendants.

WHEREAS, by Orders dated and entered on September 30, 2022 (Dkt. No. 1943) and August 23, 2022 (Dkt. No. 1937), the Court granted the unopposed motion of plaintiff Wimbledon Financing Master Fund, Ltd. (“Wimbledon”) for summary judgment against Albert Hallac on the first, second and third causes of action for fraud, the fifth cause of action for breach of fiduciary duty and the sixth cause of action for aiding and abetting breaches of fiduciary duty and determined that an inquest is not necessary because Hallac is jointly and severally liable with Weston Capital

Management LLC (“WCM”) and Weston Capital Asset Management LLC (“WCAM”), against whom there are entered judgments (Dkt No. 1692); WHEREAS, on October 26, 2020, the Clerk of the Court entered a judgment, annexed hereto, in the following amounts in Wimbledon’s favor: (i) against WCM and WCAM, jointly and severally with Jason Galanis and Arie Jan van Roon, in the total amount of $19,908,115.92 (including 9% statutory pre-judgment interest to the date of the judgment); (ii) against WCM and WCAM, jointly and severally with Jason Galanis, in the total amount of $13,360,699.00 (including 9% statutory pre-judgment interest to the date of the judgment); (iii) against WCAM, jointly and severally with Jason Galanis, in the total amount of $1,710,506.02 (including 9% statutory pre- judgment interest to the date of the judgment); and (iv) against WCM and WCAM, jointly and severally with Jason Galanis, punitive damages in the amount of $3,928,022.74; WHEREAS, WCM, WCAM, Arie Jan van Roon and Jason Galanis have not paid the outstanding judgment in whole or in part; IT IS HEREBY ORDERED that the motion by Wimbledon for summary judgment against Hallac is granted, and the Clerk is directed to enter judgment in favor of Wimbledon against defendant Hallac, jointly and severally with WCM and WCAM, in the amount of $34,979,320.94, plus 9% statutory pre-judgment interest from October 27, 2020 to the date the judgment is entered, and $3,928,022.74 in punitive damages.

amended complaint dated September 29, 2017, the notice of motion for a default judgment against Galanis dated October 30, 2018, the affirmation of Michelle A. Rice dated October 30, 2018, and the exhibits thereto, and the affirmation of Christopher D. Johnson dated October 30, 2018, and the exhibits thereto, both in support of the motion, and Galanis having not opposed the motion for a default judgment, and the Court, after due deliberation thereon, having issued an order dated and entered on December 3, 2018, which granted plaintiff Wimbledon's motion for a default judgment against Galanis and referred the matter for a damages inquest to a referee (NYSCEF No. 1537); A damages inquest for all three matters having been assigned to and presided over by Special Referee Charles E. Ramos (the "Special Referee") on September 17, 2019, in which live testimony and exhibits were admitted into evidence; the defendants WCM, WCAM, van Roon and Galanis having not appeared at the damages inquest; and the Special Referee having issued a report on December 10, 2019 awarding compensatory damages, including pre-judgment interest, and punitive damages against defendants WCM, WCAM and Galanis, compensatory damages, including pre-judgment interest against defendant van Roon and RICO treble damages against Galanis (the "Report"); A motion having been duly made by plaintiff Wimbledon, by and through its attorneys Kaplan Rice LLP, to confirm the Report, and the motion having regularly come on to be heard before the Honorable Jennifer Schecter, and upon the notice of motion to confirm dated January 10, 2020, the affirmation of Michelle A. Rice dated January 10, 2020, and the exhibits thereto, in support of the motion, and the defendants WCM, WCAM, van Roon and Galanis, having not appeared nor filed an opposition to the motion, and the Court, after due deliberation thereon, having issued an order dated and entered February 6, 2020, which confirmed the Report in favor of plaintiff Wimbledon, and having issued an order dated and entered February 21, 2020, which ordered the judgments against WCM, WCAM, van Roon and Galanis severed from the action and directed the clerk to enter judgment in plaintiff Wimbledon's favor in the sums of (i) $10,870,174.80, statutory pre-judgment interest calculated through September 17, 2019 in the amount of $7,955,093.02 plus 9% statutory pre-judgment interest from September 18, 2019 to the date judgment is entered, against WCM, WCAM van Roon and Galanis, jointly and severally; (ii) $8,011,996.10, statutory pre-judgment interest calculated through September 17, 2019 in the amount of $4,550,576.38, 9% statutory pre-judgment interest from September 18, 2019 to the date judgment is entered and punitive damages in the amount of$3,928,022.74, against WCM, WCAM and Galanis, jointly and severally; (iii) $963,388.74, statutory pre-judgment interest calculated through September 17, 2019 in the amount of$651,147.92, plus 9% statutory pre-judgment interest from September 18, 2019 to the date judgment is entered, against WCAM and Galanis, jointly and severally; and (iv) $56,646,512.70 in RICO treble damages plus $3,928,022.74 in legal fees and expenses against Galanis, NOW, on motion of Kaplan Rice LLP, attorneys for plaintiff Wimbledon Financing Master Fund, Ltd., it is hereby ADJUDGED that plaintiff Wimbledon Financing Master Fund, Ltd., Elizabethean Square, 80 Shedden Road, George Town, Grand Cayman, Cayman Islands, KY-1104 have judgment and recover from defendant Weston Capital Management LLC and defendant Weston Capital Asset Management LLC, 8665 Falcon Green Drive, West Palm Beach, Florida 33412, defendant Jason Galanis, 1920 Bel Air Road, Los

15 653468 Angeles, California 90077, and defendant Arie Jan van Roon, World Trade Center, Via Lugano 11, 6982 Agno-Lugano, Switzerland, jointly and severally, in the amount of $10,870,174.80, statutory pre-judgment interest calculated through September 17, 2019 in the amount of $7,955,093.02 plus 9% statutory pre-judgment interest from September 18, 2019 to the date X judgment is entered in the amount of$ 1,082,848.10 , for a total sum of$ 19,908,115.92, and plaintiff Wimbledon Financing Master Fund, Ltd. shall have execution therefor; and it is further ADJUDGED that plaintiff Wimbledon Financing Master Fund, Ltd., havejudgment recover from defendant Weston Capital Management LLC, defendant Weston and Capital Asset Management LLC and defendant Jason Galanis,jointly and severally, in the amount of $8,011,996.10, statutory pre-judgment interest calculated through September 17, 2019 in the amount of $4,550,576.38, 9% statutory pre-judgment interest from September 18, and punitive damages X 2019 to the date judgment is entered in the amount of$ 798,126.52 the amount of $3,928,022.74 for a in total sum of $17,288,721.74, and plaintiff Wimbledon Financing Master Fund, Ltd. shall have execution therefor; and it is further ADJUDGED that plaintiff Wimbledon Financing Master Fund, Ltd., havejudgment recover from defendant Weston Capital Asset Management LLC and and in the amount of $963,388.74, statutory defendant Jason Galanis, jointly and severally, pre-judgment interest calculated through September 17, 2019 in the amount of $651,147.92 plus 9% statutory pre-judgment interest from September 18, 2019 to the date judgment is entered X in the amount of $ 95,969.36 , for a total sum of $ 1,710,506.02 , and plaintiff Wimbledon Financing Master Fund, Ltd. shall have execution therefor; and it is further ADJUDGED that plaintiff Wimbledon Financing Master Fund, Ltd., have judgment and recover from defendant Jason Galanis,in the amount of $37,764,341.80 and legal fees and expenses in the amount of $3,928,022.74 for a total sum of $41,692,364.54, and plaintiff Wimbledon X Financing Master Fund, Ltd. shall have execution therefor; and it is further ADJUDGED that plaintiff Wimbledon Financing Master Fund, Ltd., have judgment and recover from defendant Weston Capital Management LLC, defendant Weston Capital Asset Management LLC, defendant Jason Galanis and defendant Arie Jan .van Roon X costs and disbursements, as calculated by the Clerk, in the amount of$ 505.00 and that Wimbledon Financing Master Fund,Ltd.

The undersigned, Michelle A. Rice, an attorney admitted to the practice in the State of New York, subject to the penalties of perjury, affirms that she is an attorney of record for Wimbledon Financing Master Fund, Ltd. (In Official Liquidation) in the above-entitled action and that the following costs and disbursements have been or will necessarily be made or incurred in this action and are reasonable in amount.

: GALANIS, ELIZABETH BIANCO, as Administratrix of : the Estate of JOSEPH BIANCO, GARY HIRST, :

WHEREAS, on July 29, 2022, Plaintiff Wimbledon Financing Master Fund Ltd. (“Wimbledon”) filed its Motion for Summary Judgment Against Albert Hallac (the “Motion”) with a return date of August 19, 2022 (NYSCEF 1855 et seq.

); WHEREAS, Defendant Albert Hallac is proceeding pro se in this action; WHEREAS, on August 2, 2022, counsel for Wimbledon and Mr. Hallac agreed that Mr. Hallac’s deadline to respond to the Motion be extended by 30 days; WHEREAS, counsel for Wimbledon and Mr. Hallac subsequently agreed that Mr. Hallac’s deadline to respond to the Motion be extended to September 23, 2022, and that Wimbledon’s deadline to reply be extended to October 14, 2022; WHEREAS, no stipulation or notification concerning the extension for Mr. Hallac’s deadline to respond to the Motion was filed with the Court; WHEREAS, on August 23, 2022, the Court entered a Decision + Order on Motion granting Wimbledon’s Motion (NYSCEF No. 1937) (the “Order”); WHEREAS, the Order entered by the Court noted that Mr. Hallac did not oppose the Motion; WHEREAS, on August 23, 2022, counsel for Wimbledon submitted a letter to the Court requesting that the Court vacate the Order and grant Mr. Hallac until September 23, 2022 to respond to the Motion, explaining that Wimbledon and Mr. Hallac had previously agreed to such an extension, and attaching a stipulation to that effect; now it is hereby ORDERED that the Order (NYSCEF 1937) is hereby vacated in its entirety; IT IS FURTHER ORDERED that Mr. Hallac’s response to the Motion is due by September 23, 2022, and that Wimbledon’s reply in support of the Motion is due by October 14, 2022.

Dated: August ____, 2022