`COUNTY OF NEW YORK
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`---------------------------------------------------------------X
`IN RE RESOURCE CAPITAL CORP.
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`SHAREHOLDER DERIVATIVE LITIGATION.,
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`--------------------------------------------------------------X
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`Master Index No. 654485/2015
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`Hon. Barry R. Ostrager
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`Motion Seq. No. ___
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`[PROPOSED] ORDER TO
`SHOW CAUSE
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`Upon the Declaration of Phillip Kim, attorney for the Plaintiffs Patrick Caito and Josh
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`Reaves in the above consolidated action (the “Consolidated Action”), and upon exhibits annexed
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`thereto,
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`LET the Defendants in this matter show cause before this Court at Part 61, Room 232
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`thereof, to be held at the Courthouse, located at 60 Centre Street, New York, New York 10007,
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`on the __ day of November, 2018, at __ o’clock that date, or as soon thereafter as counsel can
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`be heard, why an order should not be entered: (a) lifting the current stay of proceedings in the
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`Consolidated Action as implemented by the Court on June 7, 2017 (Dkt. No. 55); (2) requiring
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`Defendants to respond to the derivative complaints filed in the Consolidated Action pursuant to
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`the New York Civil Practice Law & Rules (the “CPLR”); and (3) granting such other relief as
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`the Court may deem to be just and proper.
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`ORDERED that service of a copy of this Order, together with the papers upon which it
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`is based, shall be made by electronic mail upon Defendants’ counsel, Covington & Burling and
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`Schlam Stone & Dolan LLP (woneil@cov.com, cyeung@cov.com, bnash@schlamstone.com),
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`and additional Plaintiffs’ counsel, Hynes Keller & Hernandez, LLC (bkeller@hkh-lawfirm.com)
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`on or before November __, 2018;
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`ORDERED that answering papers, if any, are to be served by electronic mail upon
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`Plaintiffs’ counsel, The Rosen Law Firm (pkim@rosenlegal.com) and The Brown Law Firm
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`(tbrown@thebrownlawfirm.net), on or before November __, 2018;
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`ORDERED that reply papers, if any, are to be served by electronic mail upon Defendants’
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`counsel, Covington & Burling and Schlam Stone & Dolan LLP (woneil@cov.com,
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`cyeung@cov.com, bnash@schlamstone.com), and additional Plaintiffs’ counsel, Hynes Keller
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`& Hernandez, LLC (bkeller@hkh-lawfirm.com, on or before November __, 2018; and it is
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`further
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`ORDERED that oral argument shall be held on or before __ November 2018 at ___:___
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`a.m./p.m.
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`ENTERED:
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`_________________________________________
`HONORABLE BARRY R. OSTRAGER
`New York Supreme Court, Commercial Division
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`Dated: ________________, 2018
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`2
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`CERTIFICATE OF SERVICE
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`I, Phillip Kim, counsel for plaintiffs Patrick Caito and Josh Reaves, hereby certifies that on
`November 9, 2018, the Plaintiffs’ [Proposed] Order to Show Cause To Lift Stay was filed via
`NYSCEF and on Counsel of Record.
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`3
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