Proposed Temporary Injunction Filed After Unconstitutional In-Person Court Hearing on Monday

TEMPORARY INJUNCTION

On this day, the Court heard Defendant and Counter-Plaintiff HCA Houston Healthcare Kingwood’s (“HCA Kingwood”) Application for Temporary Injunction against Plaintiff and Counter-Defendant Mark Burke (“Burke”), and after considering the application, the supporting evidence, the arguments of counsel, and all other relevant matters of record, the Court finds:

HCA Kingwood has demonstrated probable irreparable injury for which there is no adequate remedy at law and a likelihood of success on the merits of its harassment, stalking, and tortious interference with existing contracts claim.

The Court finds that, unless Burke is restrained now, HCA Kingwood and its retained counsel will be exposed to a material risk of physical harm. The Court also finds that HCA Kingwood has sought relief expeditiously, that HCA Kingwood has given reasonable notice to Burke under the circumstances, and that immediate and irreparable harm will occur unless Burke is restrained immediately.

The Court further finds that under the circumstances, the balance of equities between HCA Kingwood and Burke favors the issuance of injunctive relief as it protects HCA Kingwood and its counsel’s rights and physical safety. Accordingly, the Court finds that a temporary injunction is necessary to preserve the status quo between the parties pending a trial on the merits.

IT IS THEREFORE ORDERED that:

• Burke is required to delete all published information on his website and/or other online forums, as of the date of this order, mentioning HCA Kingwood or HCA Kingwood’s employees, directors, officers, representatives, current and former attorneys, or retained counsel’s address or the addresses of their family members and images of their homes.

IT IS FURTHER ORDERED that this Order shall not be effective unless and until HCA Kingwood posts with the Clerk a bond (or cash in lieu of a bond) in the amount of $           .

This Order granting HCA Kingwood’s application for temporary injunction is effective immediately upon the filing of the above-referenced bond or cash deposit in lieu thereof, and shall continue in force and effect until further order of this Court or until it expires by operation of law. This Order shall be binding on Burke and his employees, agents, representatives, attorneys, and those persons acting in active concert with Burke who received notice of this order by personal service or otherwise.

It is further,

ORDERED that this case is set for trial on the merits on the    day of                              , 20   at                           a.m.

Signed this      day of                       , 2023.

PRESIDING JUDGE