Prospect Capital Corporation et al v. Cole et al

Filing 171

ORDER denying 168 Motion for Leave to Permit Early Discovery Between Plaintiff and SunTrust Banks, Inc. Signed by Magistrate Judge David S. Cayer on 9/1/2011. (tmg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
Case No.: 3:09-CV-00546-MOC-DSC
PROSPECT CAPITAL CORPORATION,
Individually and derivatively on behalf of
ESA ENVIRONMENTAL SPECIALISTS,
INC.,

)
)
)
)
)
Plaintiff
)
)
vs
)
)
NATHAN M. BENDER, DAVID C. EPPLING, )
JACOB COLE, JOHN M. MITCHELL,
)
SHELTON SMITH, SANDRA DEE COLE,
)
MICHAEL ANTHONY HABOWSKI, DENNIS )
M. MOLESEVICH, TRACEY HAWLEY,
)
CHERRY BEKAERT & HOLLAND LLP,
)
ELLIOT AND WARREN, ADKISSON,
)
SHERBERT & ASSOCIATES, HOULIHAN
)
SMITH, CHESTER J. BANULL, and
)
SUNTRUST BANKS, INC.
)
)
Defendants
)

ORDER

THIS MATTER is before the Court on “Plaintiff’s Motion for Leave to Permit Discovery
Between Plaintiff and Defendant SunTrust Banks, Inc.” (document #168); and the parties’ associated
briefs and exhibits. See Documents ##169-70. Having carefully considered the parties’ arguments,
the record, and the applicable authority, and having consulted with the chambers of the Honorable
Max O. Cogburn, Jr. (the District Judge to whom this case is assigned), the Court denies Plaintiff’s
Motion.
The Clerk is directed to send copies of this Order to counsel for the parties, including but not
limited to moving counsel; and to the Honorable Max O. Cogburn, Jr.

SO ORDERED.

Signed: September 1, 2011