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UNITED STATES DISTRICT COURT 

IN THE EASTERN DISTRICT OF MICHIGAN 

SOUTHERN DIVISION

BAE INDUSTRIES, INC. a Michigan 

corporation, 

 Plaintiff, Case No. 2:08-cv-14497-AC-DAS 

vs. Hon. Avern Cohn 

WHITESELL CORPORATION, an Alabama 

Corporation, and WHITESELL 

INTERNATIONAL CORPORATION, an 

Alabama Corporation, 

Defendants. 

_________________________________________________________________________/ 

STIPULATED TEMPORARY RESTRAINING ORDER 

AND ORDER TO SHOW CAUSE

This matter comes before the Court upon Plaintiff BAE Industries, Inc.’s (“BAE”) 

Motion for Temporary Restraining Order and Preliminary Injunction (the “Motion”). The Court 

having reviewed BAE’s Motion, Brief in Support, BAE’s Verified Complaint for Injunctive and 

Other Relief and the exhibits thereto; this Court having reviewed Defendants Whitesell 

Corporation’s and Whitesell International Corporation’s Response to Motion for Temporary 

Restraining and Preliminary Injunction and the exhibits thereto; the Court having heard oral 

argument on Monday, October 27, 2008 and being otherwise advised in the premises: 

IT IS HEREBY ORDERED: 

1. That a Temporary Restraining Order is hereby issued for the reasons stated on the 

record; 

2. That the status quo is maintained, and Whitesell Corporation is temporarily 

restrained from terminating its supply of the Whitesell parts, as defined in the 

Verified Complaint (the “Parts”), and from taking any actions inconsistent with its 

obligations to timely supply BAE with sufficient quantities of the Parts as 

required by BAE as quickly as possible. To the extent that Whitesell fails to 

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satisfy BAE's releases in full, each side reserves all rights in connection with the 

results of the same. 

3. Whitesell shall continue in good faith to fulfill BAE’s good faith requirements of 

the Parts as may be specified in the releases issued from time to time by BAE; 

BAE has agreed for purposes of this TRO to pay cash in advance for the Parts, 

without waiving its legal arguments in connection with the same. 

4. That the parties shall work together in good faith in connection with their 

execution of this order, including trying to prevent shortages of Parts and 

expediting shipment of Parts whenever possible; This provision does not release 

or excuse Whitesell from its obligations to timely supply BAE its requirements of 

the Parts as identified in BAE’s releases as quickly as possible. To the extent that 

Whitesell fails to satisfy BAE's releases in full, each side reserves all rights in 

connection with the results of the same. 

5. That the parties shall appear before this Court for a Preliminary Injunction and 

Show Cause hearing on Monday, November 10, 2008, at 2:00 p.m., to show 

cause as to why the Court should not issue a Preliminary Injunction compelling 

Whitesell Corporation to continue supplying the Parts to BAE pursuant to BAE’s 

requirements for the Parts; and 

6. That this Temporary Restraining Order shall remain in full force and effect 

through the Preliminary Injunction and Show Cause hearing on November 10, 

2008, or until further order of the Court. Without limiting the above, this Order 

requires Whitesell to release its shipment of the Parts pursuant to BAE’s releases 

on November 10, 2008. 

IT IS SO ORDERED. 

Dated: October 30, 2008 s/Avern Cohn 

 U.S. District Court Judge 

Stipulated to by: 

s/Marilyn A. Peters 

Marilyn A. Peters (P32095) 

Dykema Gossett PLLC 

Attorneys for BAE Industries, Inc. 

39577 Woodward Avenue, Ste. 300 

Bloomfield Hills, MI 48304 

(248) 203-0768/ 203-0796 

mpeters@dykema.com

s/Daniel J. Dulworth 

Daniel J. Dulworth (P41784) 

Butzel Long 

Attorneys for Whitesell Corporation and 

Whitesell International Corporation 

150 West Jefferson Avenue, Ste. 100 

Detroit, MI 48226 

(313) 225-7000 

dulworth@butzel.com

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