Campbell v. Bender

Filing 72

ORDER denying without prejudice 71 Motion To Permit Filing Of Materials Under Seal. Signed by Magistrate Judge David Keesler on 2/2/12. (chh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
CIVIL ACTION NO. 3:09-CV-465-MOC-DCK
PROSPECT CAPITAL CORPORATION,
individually and derivatively on behalf of
ESA ENVIRONMENTAL SPECIALISTS,
INC.,

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Plaintiffs,
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v.
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NATHAN M. BENDER, DAVID C. EPPLING, )
JACOB COLE, JOHN M. MITCHELL,
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SHELTON SMITH, SANDRA DEE COLE,
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MICHAEL ANTHONY HABOWSKI,
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DENNIS M. MOLESEVICH, TRACEY
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HAWLEY, ADKISSON, SHERBERT &
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ASSOCIATES, HOULIHAN SMITH,
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and SUNTRUST BANKS, INC.,
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Defendants.
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__________________________________________)

ORDER

THIS MATTER IS BEFORE THE COURT on Defendant Adkisson Sherbert &
Associates, P.A.’s “Motion To Permit Filing Of Materials Under Seal” (Document No. 71) filed
February 2, 2012. This motion has been referred to the undersigned Magistrate Judge pursuant to
28 U.S.C. § 636(b), and immediate review is appropriate. Having carefully considered the motion,
and the record, the undersigned will deny the motion, without prejudice to re-file.
Defendant’s motion does not appear to indicate that the requirement of consultation has been
met pursuant to Local Rule 7.1(B). In addition, the Court’s consideration of a motion to file
materials under seal would be assisted by the movant’s clarification as to whether it proposes access
to certain documents only be denied to the public, or also denied to other specified parties in this
litigation.

IT IS, THEREFORE, ORDERED that Defendant Adkisson Sherbert & Associates, P.A.’s
“Motion To Permit Filing Of Materials Under Seal” (Document No. 71) is DENIED WITHOUT
PREJUDICE.
Signed: February 2, 2012

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