Prospect Capital Corporation et al v. Cole et al

Filing 144

ORDER granting 143 Motion for Briefing Schedule as to Motions to Dismiss. Any party desiring to file a supplemental brief with respect to pending motions to dismiss shall file said brief no later than April 30, 2010, with any responsive briefs due in accordance with LCvR 7.1. Signed by District Judge Richard Voorhees on 4/15/10. (gpb)

IN THE UNITED STATES DISTRICT COURT F O R THE WESTERN DISTRICT OF NORTH CAROLINA 3 : 0 9 - C V - 0 0 5 4 6 -R L V - D S C P R O S P E C T CAPITAL CORPORATION, In d iv id u a lly and derivatively on behalf of ESA E N V IR O N M E N T A L SPECIALISTS, INC. P la in tif fs , v. N A T H A N M. BENDER, DAVID C. EPPLING, J A C O B COLE, JOHN M. MITCHELL, SHELTON S M IT H , SANDRA DEE COLE, MICHAEL A N T H O N Y HABOWSKI, DENNIS M. M O L E S E V IC H , TRACEY HAWLEY, CHERRY B E K A E R T & HOLLAND, LLP, ELLIOT & W A R R E N , ADKISSON, SHERBERT & A S S O C IA T E S , HOULIHAN SMITH, CHESTER J. B A N U L L and SUNTRUST BANKS, INC. D e f e n d a n ts . O R D E R ON MOTION FOR BRIEFING SCHEDULE

It appearing that this matter was transferred to this court by order of the United States District Court for the Southern District of New York dated December 21, 2009, that Motions to Dismiss under FED. R.CIV.P 12 remain unresolved, that the transfer may create issues as to the choice of law to be applied which have not previously been addressed, and that joinder of the issues has not yet occurred under L. Cv. R. 16.1(D); IT IS HEREBY ORDERED that any party desiring to file a supplemental brief with respect to pending motions to dismiss shall file a supplemental brief no later than April 30, 2010, with any responsive briefs to be served in accordance with L. Cv. R. 7.1.

Signed: April 15, 2010