EXHIBIT 2

Case 19-01230-SMG Doc 36-9 Filed 12/17/19 Page 1 of 7
UNITED STATES BANKRUPTCY COURT

SOUTHERN DISTRICT OF FLORIDA

BROWARD DIVISION

In re:

SEVEN STARS ON THE HUDSON

CORPORATION, d/b/a ROCKIN’ JUMP Case No19-17544 - SMG

Chapter 11

Debtor,

____________________________________/

SEVEN STARS ON THE HUDSON Adversary Proceeding

CORPORATION, d/b/a ROCKIN’ JUMP, No. 19-01230

 Plaintiff

v.

Proposed Preliminary

MDG POWERLINE HOLDINGS, LLC Injunction Order

AND XBK MANAGEMENT LLC,

d/b/a XTREME ACTION PARK,

Defendants.

___________________________________

ORDER GRANTING PRELIMINARY INJUNCTION

Upon the Motion for a Temporary Restraining Order filed by the Debtor, 

Seven Stars on the Hudson Corporation, d/b/a Rockin’ Jump (“Debtor”), and upon 

this Court’s review and consideration of: (1) the Emergency Motion For Temporary 

Restraining Order And Preliminary Injunction, (2) the Declaration of Kathleen A. 

Daly, dated December 17, 2019, (3) the Declaration of Jens Berding, dated 

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December 16, 2019, and (4) the exhibits annexed to the Motion and Declarations 

(collectively, the “Motion”); and this Court having jurisdiction to consider the 

Motion and the relief requested therein pursuant to 28 U.S.C. §§ 157 and 1334 and 

11 U.S.C. 105(a); and consideration of the Motion and the relief requested therein 

being a core proceeding pursuant to 28 U.S.C. § 157(b)(2)(A), (B) and (M); and 

venue being proper before this Court pursuant to 28 U.S.C. § 1409; and appropriate, 

sufficient and timely notice of the filing of the Motion and request for a temporary 

restraining order having been given pursuant to Bankruptcy Rule 7065; and the 

hearing thereon having been given in accordance with the Court’s Temporary 

Restraining Order dated December _, 2019, and pursuant to Bankruptcy Rule 7065; 

and upon the record established at the hearing; and it appearing that the relief 

requested in the Motion is necessary and beneficial to the Debtor and to the public; 

and upon due deliberation and sufficient cause appearing therefor:

IT IS HEREBY FOUND AND DETERMINED THAT: 

1) There is a substantial likelihood that the Debtor will be able to 

demonstrate that the actions of Xtreme as described in the Motion will impede and 

impair the Debtor’s reorganization efforts;

2) The granting of injunctive relief pursuant to section 105(a) of the 

Bankruptcy Code will either (i) not cause undue hardship to Xtreme or any party 

whose interests are aligned with Xtreme, or (ii) any hardship to Xtreme or any party 

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whose interests are aligned with Xtreme is outweighed by the benefits of the 

requested relief to the Debtor;

3) The Debtor has demonstrated that the relief requested in the Motion is 

urgently needed. Such acts by Xtreme could: (i) interfere with the jurisdictional 

mandate of this Court under Chapter 11 of the Bankruptcy Code; (ii) interfere with 

and cause harm to the Debtor’s reorganization effort, including the payment of its 

creditors. Accordingly, there is a material risk that the Debtor, its creditors and other 

parties in interest may suffer immediate and irreparable injury for which they will 

have no adequate remedy at law, and it is therefore necessary that the Court enter 

this order.

4) The interest of the public will be served by this Court’s entry of this 

order.

5) The relief requested in the Motion is in the best interest of the Debtor, 

its creditors and other parties in interest.

6) The balancing of the interests weighs decidedly in favor of granting the 

within order.

BASED ON THE FOREGOING FINDINGS OF FACT AND AFTER DUE 

DELIBERATION AND SUFFICIENT CAUSE APPEARING THEREFORE, 

IT IS HEREBY ORDERED THAT:

7) The Motion is granted as set forth herein.

8) Beginning on the date of this order;

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a. Defendant XBK Management LLC d/b/a Xtreme Action Park 

(“Xtreme”) is prohibited from shutting down its facility without 

notifying the Debtor at least 14 days in advance of such closure;

b. Defendant Xtreme and all affiliated persons or entities shall in all 

advertising and public announcements, including any notices posted 

online, on social media, and other forms of signage in and around 

the physical location of Xtreme Action Park, advise that any private

or semi-private event held by Xtreme shall not affect the Debtor and 

that the Debtor’s park will remain open to the public during such 

event; and

c. The Debtor shall have the right to review and approve Xtreme’s 

advertising of any proposed closing in advance (at least ten (10) 

business days) to ensure that the wording sufficiently alerts the 

public that the Debtor’s park will remain open during any private or 

semi-private event;

d. The Debtor shall have the right to review at least fourteen (14) days 

in advance the contract between Xtreme, and its client to confirm 

whether the client is contracting for a private event that does not 

permit any other guests to enter the facility or whether the client is 

contracting for a semi-private event where guests of Debtor are 

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allowed to freely enter Xtreme. If a semi-private event is arranged, 

the common areas shall at all times be freely accessible to the 

Debtor’s guests. 

9) During any such private or semi-private event arranged by Xtreme or any 

other person or entity acting on its behalf, there shall be no disruption in 

food services for Debtor’s guests while in the facility, unless an alternate 

arrangement is agreed to by Debtor in writing. 

10) Pursuant to Rule 65(b) of the Federal Rules of Civil Procedure, made 

applicable to this Chapter 11 Case by Bankruptcy Rule 7065, no notice to 

any person is required prior to the entry and issuance of this order.

11) Pursuant to Bankruptcy Rule 7065, the security provisions of Rule 

65(c) of the Federal Rules of Civil Procedure are waived.

12) This order is without prejudice to the right of the Debtor to seek 

additional relief under applicable provisions of the Bankruptcy Code.

13) This order and the Motion shall be promptly served on the defendants 

and all other parties who have filed notices of appearance pursuant to 

Bankruptcy Rule 2002.

14) Service in accordance with this order shall be deemed good and 

sufficient service and adequate notice for all purposes.

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15) The terms of this order shall be immediately effective and enforceable 

upon its entry.

16) The Debtor is hereby authorized and empowered to take any action or 

perform any act necessary to implement and effectuate the terms of the 

order.

17) This Court shall retain exclusive jurisdiction with respect to the 

enforcement, amendment or modification of this order, and any requests 

for additional relief, and any request by an entity for relief from the 

provisions of this order.

Dated: December _, 2019

_____________________________ 

United States Bankruptcy Judge

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