Order Granting Interlocutory Injunction (Runzhou Zhang et al.)

Georgia State University College of Law

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Georgia Business Court Opinions

Spring 6-27-2014

Order Granting Interlocutory Injunction
(Runzhou Zhang et al.)

Melvin K. Westmoreland

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Westmoreland, Melvin K., "Order Granting Interlocutory Injunction (Runzhou Zhang et al.)" (2014). Georgia Business Court Opinions.
Paper 303.
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COpy

IN THE SUPERIOR COURT OF FULT EIL~fJ]iIN OFFICE

BUSINESS CASE DIVISIO

STATE OF GEORGIA

JUN 272014

RUNZHOU ZHANG, CRAIG STUDER, ) DEPUTY CLERK S ' ,
HZS USA, LLC, and ZHP, LLC, ) FULTON ~ UPERIOR COURT
) COUN'rY, GA
Plaintiffs, )

v. ) CIVIL ACTION NO.:
) 2014-CV-243669

SCOTT HOSTETLER, )

Defendant. )
)

)

-------------------)

ORDER GRANTING INTERLOCUTORY INJUNCTION

This matter is before the Court on Defendant Scott Hostetler's Emergency Motion for

Temporary Restraining Order and Interlocutory Injunction in which Defendant Scott Hostetler

("Hostetler") seeks an order requiring Plaintiff Runzhou Zhang ("Zhang"), acting in his role as

legal representative for Hostetler Zhang Studer (Shanghai) Ltd. ("HZS Shanghai"), the wholly

owned Chinese operating subsidiary of Plaintiff ZHP, LLC, to timely sign and seal Landscape

Division contracts. After considering submissions from all parties and conducting a hearing on

June 25, 2014, in which all parties participated, for good cause shown, Hostetler's motion is

GRANTED and injunctive relief is ordered as specifically set forth below.

1. Effective from the date of this Order forward, Zhang, in his capacity as Legal

Representative ("Legal Representative"), will timely sign and seal all Landscape Division

contracts presented to him in the normal course of business. Absent exigent circumstances, the

Court will consider a Landscape Division contract that has been signed and sealed within 48

hours after it is presented to the Legal Representative to be timely.

3352969_' Page 1 of2

2. Effective from the date of this Order forward, Hostetler, in his capacity as head of the

Landscape Division, will indemnify and hold harmless the Legal Representative for any loss or

damage incurred by the Legal Representative personally as a result of his signing or sealing a

Landscape Division contract.

3. The Legal Representative shall not be required to sign or seal any Landscape Division

contracts for the provision of construction document services if construction documents are to be

prepared by an HZS Shanghai employee. However, the Legal Representative is required to sign,

seal and cause HZS Shanghai to honor existing or new contracts that involve the provision of

construction document services by an entity other than HZS Shanghai, including, but not limited

to the Local Design Institute.

4. This Order shall expire upon the earlier of: (i) final judgment in this action; or (ii)

further order of this Court.

11-

SO ORDERED, this 27 day of June, 2014

r=:¬ ??lL~~

The Honorable Melvin Westmoreland
Superior Court of Fulton County

ORDER PREPARED BY:

WILLIAM J. HOLLEY, II
Georgia Bar No. 362310
Parker, Hudson, Rainer & Dobbs, LLP
1500 Marquis Two Tower
285 Peachtree Center Avenue, N.E.
Atlanta, Georgia 30303
Phone: (404) 420-5544
Fax: (404) 522-8409
CounselforDefendant
Scott Hostetler

Page 2 of2

Copies to:

For Runzhou Zhang and Craig Studer: William J. Holley, II
R. Lawrence Ashe
Halsey G. Knapp, Jr. V. Justin Arpey
Jeffrey D. Horst PARKER, HUDSON, RAINER & DOBBS
Jennifer G. Case LLP
KREVOLIN & HORST, LLC 1500 Marquis Two Tower
One Atlantic Center 285 Peachtree Center Avenue, N.E.
1201 West Peachtree St., N.W. Atlanta, Georgia 30303
Suite 3250 404-523-5300
Atlanta, GA 30309
[email protected]
For HZS USA, LLC and ZHP, LLC: [email protected]
[email protected]
Kevin B. Getzendanner
Richard A. Mitchell
ARNALL GOLDEN GREGORY LLP
171 17th Street N.W.
Suite 2100
Atlanta, GA 30363-1031

[email protected]
[email protected]
[email protected]
[email protected]
[email protected]

Runzhou Zhang et al., v. Hostetler;CAFN 2014CV243669;