Short Form OrderNEW YORK SUPREME COURT - QUEENS COUNTYPresent: HONORABLE HOWARD G. LANE IAS PART 6Justice------------------------------------- Index No. 4168/12RAW STORY MEDIA, INC., MotionPlaintiff, Date August 14, 2012-against- MotionCal. No. 19 RON BRYNAERT, Motion Defendant. Sequence No. 3 -------------------------------------

PapersNumberedNotice of Motion-Affidavits-Exhibits... 1-4 Upon the foregoing papers it is ordered that plaintiff’smotion for an order be entered pursuant to CPLR 3215(a), (b)directing that a default judgment be entered against defendantRon Brynaert, awarding plaintiff Raw Story Media, Inc. damages inthe amount of $500,000 plus interest, costs, and disbursements,as well as a permanent injunction to enjoin and restraindefendant Ron Brynaert from disclosing Confidential Information,as that term is defined in Paragraph 4 of the Non DisclosureAgreement attached as Exhibit 1 hereto, or in the alternative,setting this matter down for an inquest in favor of plaintiff,determining the extent to which the court should award apermanent injunction, assessing damages in a sum certain or for asum which can by computation be made certain, and awardinginterest, costs, and disbursements to plaintiff is hereby decidedas follows:

Plaintiff is granted a default judgment against defendantwithout opposition as to liability only as defendant failed toappear, submit an Answer, or move with respect to the Complaintherein (see, CPLR 3215). Plaintiff demonstrated the merits of1

its claim by submitting an affidavit of merits as part of itsmotion (see, CPLR 3215[f]; Henriquez v. Purins, 245 AD2d 337 [2dDept 1997]; Woodson v. Mendon Leasing Corp., 100 NY2d 62 [NY2003]). Plaintiff may proceed to a hearing on the assessment ofdamages (including reasonable attorneys fees, costs, anddisbursements). The inquest to determine damages shall takeplace on Tuesday, December 11, 2012, 2:15 P.M., IAS Part 6,courtroom 24, 88-11 Sutphin Blvd., Jamaica, New York. Counselfor plaintiff is directed to file a note of issue/certificate ofreadiness on or before November 16, 2012; and counsel forplaintiff is directed to contact the clerk of Part 6 at (718)298-1113 on Monday, December 10, 2012 to ascertain the court’savailability. In lieu thereof plaintiff may submit properlyexecuted affidavits as proof of damages (22 NYCRR 202.46).That branch of plaintiff’s motion seeking a permanentinjunction is hereby denied, as plaintiff has failed to submitproof of service of the instant motion papers to notify defendantthat plaintiff seeks injunctive relief from this court. This constitutes the decision and order of the Court.A courtesy copy of this order is being mailed to counsel forplaintiff.

Dated: September 14, 2012 .........................Howard G. Lane, J.S.C.

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