Campbell v. Bender

Filing 78

ORDER granting 73 Motion to Seal. Signed by Magistrate Judge David Keesler on 2/14/12. (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 “Plaintiff Prospect Capital Corporation’s
Motion To File Materials Under Seal” (Document No. 73) filed February 7, 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, and noting that
Defendant Adkissson, Sherbert & Associates, P.A. (“Adkisson Sherbert”) does not oppose the
motion, the undersigned will grant the motion.
Plaintiff Prospect Capital Corporation (“Plaintiff”) seeks permission from the Court “to file
under seal its Motion for a Protective Order and a copy of the Unexecuted Draft Proposed
Agreement with any economic terms redacted therefrom.” (Document No. 73, p.3). According to
its brief in response filed February 13, 2012, Defendant Adkisson Sherbert “does not object to the

specific relief sought in the Motion to File Materials Under Seal.” (Document No. 76, p.3). Based
on the foregoing, the Court will allow Plaintiff’s motion.
IT IS, THEREFORE, ORDERED that “Plaintiff Prospect Capital Corporation’s Motion
To File Materials Under Seal” (Document No. 73) is GRANTED.

Signed: February 14, 2012

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