US Commodity Futures Trading Commission v. Prestige Capital Advisors, LLC et al

Filing 12

ORDER granting 11 Motion to Prosecute Pending State Court Action. Signed by District Judge Max O. Cogburn, Jr on 9/22/11. (gpb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
U.S. COMMODITY FUTURES TRADING
COMMISSION,
Plaintiff,
CASE NO. 3:11-CV-431

v.
PRESTIGE CAPITAL ADVISORS, LLC, a
Delaware Limited Liability Company, D2W
CAPITAL MANAGEMENT, LLC, a North
Carolina Limited Liability Company, and
TOBY D. HUNTER, an individual
Defendants.
ORDER

This matter is before the Court on a request by Taylored Business Holdings, Inc., seeking the express
permission and leave from this Court to continue its prosecution of a civil action presently pending in the
Mecklenburg County, North Carolina, Superior Court in which Prestige Capital Advisors, LLC, and T oby D. Hunter
are party defendants. The Court finds that the request by Taylored Business Holdings, Inc., is made for good cause
and should be granted as is hereafter ordered.
It is, therefore, ordered as follows:

1.

Taylored Business Holdings, Inc., is hereby given express permission and leave

from this Court to continue with the prosecution of its action presently pending in Mecklenburg
County, North Carolina, Superior Court in which action Prestige Capital Advisors, LLC, and
Toby D. Hunter are party defendants. Taylored Business Holdings, Inc., may continue with its
prosecution of the North Carolina State Court action, including such discovery in that action as it
deems necessary and may take such steps in that action as it desires in the prosecution of that
action against Prestige Capital Advisors, LLC, and Toby D. Hunter, including but not limited to
obtaining a judgment against either or both Prestige Capital Advisors, LLC, and Toby D. Hunter.

2.

In the event that Taylored Business Holdings, Inc., obtains a judgment or otherwise resolves its

claim in the State Court action against either Prestige Capital Advisors, LLC, or Toby D. Hunter, or both, no
execution upon any such judgment or other resolution obtained shall be issued and no other action seizing any assets
of Prestige Capital Advisors, LLC, or Toby D. Hunter shall be taken by Taylored Business Holdings, Inc., without
further express permission and leave from this Court.

The Motion to Prosecute Pending State Court Action (#11) is GRANTED as provided above.

Signed: September 22, 2011