SUPERIOR COURT OF THE DISTRICT OF COLUMBIA CIVIL DIVISION

SHAKESPEARE THEATRE COMPANY, et al., Plaintiffs, v. LANSBURGH THEATER, INC., et al., Defendants. 2012 CA 004971 B Judge: John Ramsey Johnson Next Event: Initial Conference 9:30 am, Friday, September 21, 2012

MOTION FOR PRELIMINARY INJUNCTION Plaintiffs Shakespeare Theatre Company (STC) and Christopher Jennings (Jennings), by and through their undersigned counsel, hereby move to preliminarily enjoin Defendants Lansburgh Theater, Inc. (LTI), Kenneth Krozy, Gordon Shone, Graham Gund, Gunwyn/Lansburgh Limited Partnership, and Gunwyn/Lansburgh Development Corporation (collectively, Defendants) from evicting STC or interfering with STCs continued use and occupancy of the Lansburgh Theater located at 450 7th Street, N.W., Washington, D.C. 20004 (the Theatre) that LTI has leased to STC for 20 years. STC is a 501(c)(3) non-profit corporation that LTI is expressly obligated to support under Section 509(a)(3) of the Internal Revenue Code. STC is requesting preliminary injunctive relief to preserve the status quo, including to preserve STCs status as LTIs supported organization under LTIs Articles of Incorporation, which incorporate Section 509(a)(3), and to ensure compliance with the requirements that LTI act in a way that is responsive to STCs needs and that prohibit disqualified persons from controlling LTI. As explained more fully in the accompanying papers, LTI recently demanded a 700% increase in the amount of Base Rent payable by STC. STC refused, asserting that the demand

was in violation of LTIs Articles. LTI then demanded that STC vacate the Theatre by March 1, 2012 (now extended until June 15, 2012 as explained in the Declaration of Randall K. Miller, filed with the Points and Authorities in support of this motion), asserted that LTI had terminated STCs status as its supported organization, and demanded that STCs Managing Director, who occupies one of the three seats on LTIs Board as STCs designated representative, resign. STC is in the midst of a performance season at the Theatre and has, in reasonable reliance on its status as LTIs supported organization, booked a full calendar of performances and educational programs for the next two years. STC will suffer imminent and irreparable harm if it is forced to vacate the Theatre, and will suffer imminent and irreparable harm as long as its status as LTIs supported organization remains uncertain. Given STCs charitable purpose, other performing arts organizations, public attendees, and the District of Columbia will also suffer irreparable harm in the absence of an injunction, as will LTI, whose demand violates its Articles and the requirements of Section 509(a)(3) that are expressly incorporated therein. WHEREFORE, for the reasons stated herein and in the Points and Authorities submitted herewith, STC respectfully requests that this motion be granted.

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