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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE

NASHVILLE DIVISION

CSHM LLC, ) ) Plaintiff, ) ) v. ) Case No. 3:14-1025 ) DR. JODI KUHN, DDS, ) CHILDREN'S DENTAL CLINIC OF THORNTON, P.C. ) (n/k/a THORNTON YOUTH DENTISTRY, PC), ) Judge Aleta A. Trauger SMILE HIGH DENTISTRY FOR CHILDREN, P.C. ) (n/k/a DENVER YOUTH DENTISTRY, PC), ) 6TH STREET OF DENVER DENTAL CLINIC, P.C. ) (n/k/a AURORA YOUTH DENTISTRY, PC), and ) SMALL SMILES DENTISTRY FOR CHILDREN, P.C. ) (n/k/a SPRINGS SMILES YOUTH DENTISTRY, PC), ) ) Defendants. )

JOINT MOTION TO RESCHEDULE THE MAY 14, 2014

HEARING ON CSHM’S MOTION FOR A PRELIMINARY INJUNCTION AND TO EXTEND THE TERMS OF THE

TEMPORARY RESTRAINING ORDER PENDING THE CONCLUSION OF THAT HEARING

Pursuant to Federal Rule of Civil Procedure 65, Plaintiff CSHM LLC (“CSHM”) and all

Defendants in this action respectfully move this Court to: (a) reschedule the hearing on CSHM’s

Motion for Preliminary Injunction, currently scheduled for May 14, 2014 at 2:00 PM, to the first

date on or after June 5, 2014, that is available for the Court and the parties, and (b) to extend the

terms of the April 21, 2014 Temporary Restraining Order until the conclusion of that hearing. In

support of this motion, the parties state as follows:

1. On April 21, 2014, CSHM initiated this action and filed a Motion for a

Temporary Restraining Order and Preliminary Injunction. The Court issued a Temporary

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Restraining Order. The Court scheduled a hearing on April 28, 2014 on CSHM’s Motion for a

Preliminary Injunction.

2. On April 25, 2014, the Court reset the preliminary injunction hearing for May 14,

2014 at 2:00 PM at the parties’ request.

3. Following consultation with the Court on May 8, 2014, the parties have conferred

and reached agreement on a date to take the deposition of Dr. Jodi Kuhn.

4. In order to permit that deposition and other proposed depositions (such as the

depositions of Reginald Gibson and David Wilson of CSHM) to go forward, the parties

respectfully request that this Court reschedule the May 14, 2014 hearing to the first date on or

after June 5, 2014 that is available for the Court and the parties

5. Continuation of the terms of the Temporary Restraining Order is critical to

CSHM’s willingness to postpone the hearing. Accordingly, the parties have agreed pursuant to

Federal Rule of Civil Procedure 65(b)(2) that the terms of the Temporary Restraining Order may

remain in effect until the conclusion of the rescheduled hearing.

6. The parties request that the Court grant this relief on an emergency basis because

the hearing is set for Wednesday, May 14, 2014.

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WHEREFORE, the parties respectfully request that this Court reschedule the May 14,

2014 hearing on CSHM’s Motion for Preliminary Injunction to the first date on or after June 5,

2014, that is available for the Court and the parties, and that the Court extend the terms of the

Temporary Restraining Order until the conclusion of that hearing.

Respectfully submitted,

__/s/ Peter C. Sales_______________________ Peter C. Sales, B.P.R. #25067 BRADLEY ARANT BOULT CUMMINGS LLP 1600 Division Street, Suite 700 Nashville, Tennessee 37203 (615) 252-2365 psales@babc.com Dan Barnowski (admitted pro hac vice) David I. Ackerman (admitted pro hac vice) DENTONS US LLP 1301 K Street NW, Suite 600 Washington, D.C. 20005 (202) 408-6400 dan.barnowski@dentons.com david.ackerman@dentons.com

Attorneys for Plaintiff CSHM LLC

__/s/ Gregory S. Reynolds (by consent)________ Gregory S. Reynolds (BPR # 18204) Riley Warnock & Jacobson, PLC 1906 West End Avenue Nashville, Tennessee 37203 (615) 320-3700 Telephone (615) 320-3737 Facsimile greynolds@rwjplc.com Sean D. Baker (admitted pro hac vice) Crux Legal LLC 1899 Wynkoop Street, Suite 225 Denver, Colorado 80202 (720) 508-8713 Telephone baker@cruxlegal.com

Dated: May 12, 2014 Attorneys for Defendants

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CERTIFICATE OF SERVICE

I hereby certify that, on this 12th day of May, 2014, I caused a true and correct copy of this JOINT EMERGENCY MOTION TO RESCHEDULE THE MAY 14, 2014 HEARING ON CSHM'S MOTION FOR A PRELIMINARY INJUNCTION AND TO EXTEND THE TERMS OF THE TEMPORARY RESTRAINING ORDER PENDING THE CONCLUSION OF THAT HEARING to be served upon the following by filing an electronic copy of that motion with this Court’s CM/ECF system, which will send notification of such filing to all counsel of record registered with that system.

Gregory S. Reynolds (BPR # 18204) Riley Warnock & Jacobson, PLC 1906 West End Avenue Nashville, Tennessee 37203 (615) 320-3700 Telephone (615) 320-3737 Facsimile greynolds@rwjplc.com Sean D. Baker (admitted pro hac vice) Crux Legal LLC 1899 Wynkoop Street, Suite 225 Denver, Colorado 80202 (720) 508-8713 Telephone baker@cruxlegal.com

__/s/ Peter C. Sales___________

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