IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION ______________________________________________________________________________

HLT EXISTING FRANCHISE HOLDING LLC,

Plaintiff,

v. Case No. 2:21-cv- 2351-MSN

NISMARK, L.L.C., ABID NISAR, and RASHDA NISAR a/k/a Rashida Nisar a/k/a Rasida Nisar,

Defendants. ______________________________________________________________________________

ORDER VACATING JUDGMENT, ADOPTING THE PARTIES’ AGREED ORDER, AND DISMISSING CASE WITH PREJUDICE ______________________________________________________________________________

Before the Court is the Parties’ Join Motion for Entry of Agreed Order of Dismissal with Prejudice, filed January 12, 2022. (ECF No. 38) (“Motion”.) The Parties jointly move the Court to (1) vacate the Court’s earlier Judgment, (ECF No. 37), and (2) enter the Agreed Order of Dismissal with Prejudice, filed as Exhibit A to the Motion. (ECF No. 38 at PageID 143-44.) The purpose of this request is to ensure that the Court retains jurisdiction to enforce, if necessary, the Parties’ settlement agreement. (Id.) The Parties’ request is well-taken and the Court GRANTS the Motion, VACATING its earlier Judgment, (ECF No. 37), adopting in full the Parties’ Agreed Order, (ECF No. 38-1), below, and DISMISSING the Complaint WITH PREJUDICE. IT IS SO ORDERED this 21st day of January, 2022. s/ Mark Norris MARK S. NORRIS UNITED STATES DISTRICT JUDGE IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE WESTERN DIVISION

HLT EXISTING Case No. 2:21-cv-02351 FRANCHISE HOLDING LLC, Plaintiff, v. AGREED ORDER OF NISMARK, L.L.C., DISMISSAL WITH ABID NISAR, and PREJUDICE RASHDA NISAR a/k/a Rashida Nisar a/k/a Rasida Nisar Defendants.

Pursuant to the consent and agreement of the parties, Plaintiff HLT Existing Franchise Holding LLC (“Hilton”) and Defendants Nismark, LLC, Dr. Abid Nisar, and Rashda Nisar a/k/a Rashida Nisar a/k/a Rasida Nisar (collectively, the “Nismark Defendants”), it is hereby ORDERED, ADJUDGED, and DECREED that: 1. The below counsel of record have received express permission from Hilton and the Nismark Defendants, respectively, to consent to entry of this Agreed Order of Dismissal With Prejudice. 2. This Court has jurisdiction over the subject matter of this litigation and over all parties thereto. The Complaint herein states a claim upon which relief can be granted. 3. Hilton and the Nismark Defendants have executed a confidential settlement agreement (the “Settlement Agreement”) which provides for an Agreed Judgment (the “Agreed Judgment”) in the total amount of $500,000.00 to be held by counsel for Hilton and entered against the Nismark Defendants immediately in the event that they default on any of their obligations under the Settlement Agreement. 4. Upon entry of this Agreed Order of Dismissal With Prejudice, this Action shall be dismissed with prejudice, subject to this Court retaining jurisdiction for purposes of enforcing the terms of the Settlement Agreement and Agreed Judgment, if necessary. See Kokkenen v. Guardian Life Ins. Co. of Am.,

(1991).

5. Each party shall bear its own attorneys’ fees and costs.

Dated: January 12, 2022 Respectfully submitted, HLT Existing Franchise Holding LLC, PLAINTIFF /s/ Deborah S. Coldwell Deborah S. Coldwell (Texas Bar No. 04535300) Sally L. Dahlstrom (Texas Bar No. 24092314) HAYNES AND BOONE, LLP 2323 Victory Avenue, Suite 700 Dallas, Texas 75219 214.651.5000 [email protected] [email protected] (Admitted Pro Hac Vice) Lead counsel for Plaintiff /s/Jeffrey C. Smith Jeffrey C. Smith (Tenn. BPR No. 016295) WALLER LANSDEN DORTCH & DAVIS, LLP 7776 Farmington Blvd. # 381586 Germantown, TN 38183 (901) 288-1683 telephone [email protected]

Local counsel for Plaintiff

And Nismark, LLC, Dr. Abid Nisar, and Rashda Nisar a/k/a Rashida Nisar a/k/a Rasida Nisar, DEFENDANTS /s/ Earl Robert Schultz , III Earl Robert Schultz , III SCHULTZ LAW GROUP LLC 640 Cepi Drive Suite A Chesterfield, MO 63005 636-537-4645 Fax: 636-537-2599 Email: [email protected]

L. Dan Buchanan, TN036512 Ralston Buchanan, PLLC 2670 Union Ext’d, Suite 1200 Memphis, TN 38112 Tel. 901-543-5045 Fax 901-432-5212 [email protected]