Campbell v. Bender
Plaintiff: Stanley Marvin Campbell
Defendant: Nathan M. Bender
Counter Defendant: Prospect Capital Corporation and Stanley Marvin Campbell
Counter Claimant: Nathan M. Bender
Case Number: 3:2009cv00465
Filed: October 29, 2009
Court: US District Court for the Western District of North Carolina
Office: Charlotte Office
County: Alexander
Presiding Judge: Richard Voorhees
Presiding Judge:
Nature of Suit: None
Cause of Action: 28 U.S.C. ยง 0157 Motion for Withdrawal of Reference
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
August 20, 2014 Opinion or Order Filing 170 ORDER granting 169 Motion to Approve Settlement and the claims asserted against defendant Sandra Dee Cole are DISMISSED WITH PREJUDICE. The Clerk of Court is instructed to terminate this action. Signed by District Judge Max O. Cogburn, Jr on 8/20/2014. (eef)
July 24, 2014 Opinion or Order Filing 138 ORDER re 135 MOTION to Continue Docket Call/Trial Due to the Unavailability of a Key Witness, ( Oral Argument set for 8/12/2014 04:00 PM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.). Signed by District Judge Max O. Cogburn, Jr on 7/23/2014. (eef)
July 23, 2014 Opinion or Order Filing 133 ORDER granting 132 Motion for Leave to Appear Pro Hac Vice added Nicholas Salter for Sandra Dee Cole. Signed by Magistrate Judge David Keesler on 07/23/2014. (jlk)
June 16, 2014 Opinion or Order Filing 129 ORDER granting 128 Motion for Leave to Appear Pro Hac Vice added Adam M. Burton for Prospect Capital Corporation. Signed by Magistrate Judge David Keesler on 6/16/2014. (eef)
April 1, 2014 Opinion or Order Filing 125 ORDER that the hearing to determine status for Ms. Cole and her counsel, previously set for Monday, April 14, 2014, at 9:00 a.m. is cancelled. Signed by District Judge Max O. Cogburn, Jr on 4/1/2014. (blf)
December 11, 2012 Opinion or Order Filing 116 ORDER allowing 68 Motion to Dismiss; affirming 104 Memorandum and Recommendations; Overruling 111 Objection to Memorandum and Recommendations. The claims asserted against Houlihan Smith & Company, Inc. in its Second Amended Complaint for negligence and negligent misrepresentation are dismissed. Signed by District Judge Max O. Cogburn, Jr on 12/10/2012. (eef)
December 10, 2012 Opinion or Order Filing 115 ORDER granting 105 Motion for Certificate of Appealability; The court directs that 101 Order Granting in Part ASA's Motion To Enforce Settlement Agreement is entered as a FINAL JUDGMENT between ASA and Prospect. Signed by District Judge Max O. Cogburn, Jr on 12/8/2012. (eef)
June 8, 2012 Opinion or Order Filing 93 ORDER granting 92 Motion for Leave to Appear Pro Hac Vice added Karl Huth for Prospect Capital Corporation. Signed by Magistrate Judge David Keesler on 6/8/2012. (eef)
March 26, 2012 Opinion or Order Filing 85 ORDER granting 74 Motion to Seal; granting in part and denying in part 79 Sealed Motion. Signed by Magistrate Judge David Keesler on 3/26/12. (com)
February 14, 2012 Opinion or Order Filing 78 ORDER granting 73 Motion to Seal. Signed by Magistrate Judge David Keesler on 2/14/12. (chh)
February 3, 2012 Opinion or Order 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)
November 28, 2011 Opinion or Order Filing 50 CLERK'S JUDGMENT is hereby entered as to ESA Defendants only in accordance with the Court's Order dated November 28, 2011. Signed by Clerk, Frank G. Johns. (gpb)
September 2, 2011 Opinion or Order Filing 22 ORDER Consolidating Cases for Discovery. All further pretrial pleadings to be docketed to: 3:09-cv-465 until the consolidation is severed. Member Case: 3:09-cv-546 to remain open. It is FURTHER ORDERED that- (1) 6 Prospect C apital Corporation's MOTION to Dismiss filed in 3:09-cv-465 is denied without prejudice and a new motion to dismiss may be filed on 10/4/11. If such is not filed by such date, the parties to such action shall file a CIAC, a Rule 41 dismissal, or other pleading by such date moving this action forward; (2) Cherry, Beckaert & Holland L.L.P.'s and Elliot & Warren's #52 MOTION to Dismiss filed in 3:09-cv-546 is GRANTED, and the action against these defendants is dismissed without preju dice for lack of subject matter jurisdiction; (3) Adkisson, Sherbert & Associates's Motion to Dismiss (#52) filed in 3:09cv546 is DENIED without prejudice, and Prospect is GRANTED leave to file an Amended Complaint within 14 days as instructed i n this Order; (4) Defendant Dennis M. Molesevich's and Defendant Sandra Dee Cole's MOTION (#56) filed in 3:09cv546 is DENIED without prejudice, and Prospect is GRANTED to leave to file an Amended Complaint within 14 days as instructed in th is Order; (5) the Motion to Dismiss (#56) filed in 3:09cv546 is otherwise DENIED without prejudice. The ESA defendants who have reached a settlement with Prospect in 3:09cv546 may file a new motion on October 4, 2011, if their settlement is not appro ved by that date. If such is not filed, the parties to this action shall file a CIAC, a Rule 41 dismissal, or other pleading by such date that moves this action forward. These consolidated actions are referred to Magistrate Judge Keesler for pretrial management and consideration of all future motions short of summary judgment. Signed by District Judge Max O. Cogburn, Jr on 9/2/11. (gpb)
May 26, 2011 Opinion or Order Filing 21 ORDER, Set Deadlines as to (6 in 3:09-cv-00465-MOC) MOTION to Dismiss, (56 in 3:09-cv-00546-MOC -DSC), (52 in 3:09-cv-00546-MOC -DSC).( Motion Hearing set for 7/20/2011 02:00 PM in Courtroom 1, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr.). Signed by District Judge Max O. Cogburn, Jr on 5/25/2011. (bsw)
March 11, 2011 Opinion or Order Filing 20 ORDER granting 18 Motion for Leave to Appear Pro Hac Vice for H. Marc Tepper for Prospect Capital Corporation. Signed by District Judge Richard Voorhees on 3/11/11. (bsw)
July 16, 2010 Opinion or Order Filing 16 ORDER granting 4 Motion for Leave to Appear Pro Hac Vice as to Ann Wrege Ferebee. Signed by District Judge Richard Voorhees on 7/16/10. (gpb)
May 10, 2010 Opinion or Order Filing 11 ORDER granting 10 Consent MOTION for Briefing Schedule on Pending Motion to Dismiss re 6 MOTION to Dismiss, Set/Reset Deadlines as to 6 MOTION to Dismiss. (Brief in Support of motion due by 6/14/2010, Responses to motion due by 7/14/2010.). Signed by District Judge Richard Voorhees on 5/10/2010. (bsw)
January 20, 2010 Opinion or Order Filing 5 Order withdrawing Bankruptcy Reference. Signed by District Judge Richard Voorhees on 1/20/10. (gpb)
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Plaintiff: Stanley Marvin Campbell
Represented By: A. Burton Shuford
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Defendant: Nathan M. Bender
Represented By: Barney Stewart, III
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Counter defendant: Prospect Capital Corporation
Represented By: Douglas Ronald Ghidina
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Counter defendant: Stanley Marvin Campbell
Represented By: A. Burton Shuford
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Counter claimant: Nathan M. Bender
Represented By: Barney Stewart, III
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