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Wachovia Securities, LLC v. Englehardt

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK


July 11, 2008

WACHOVIA SECURITIES, LLC, A DELAWARE CORPORATION AND SUCCESSOR IN INTEREST TO A.G. EDWARDS & SONS, INC., PLAINTIFF,
v.
DALE H. ENGLEHARDT, A NATURAL PERSON, DEFENDANT.

The opinion of the court was delivered by: David G. Larimer United States District Judge

ORDER

This Court signed a Temporary Restraining Order ("TRO") against defendant, Dale H. Englehardt ("Englehardt"), based on the ex parte submissions of plaintiff. The next day, July 10, 2008, defendant filed a motion (Dkt. #5) to dissolve the TRO. That motion is granted.

After reviewing all of the submissions, I share defendant's concern that some relevant and pertinent information was not submitted to the Court as part of plaintiff's application. The information relates to the document referenced by defendant, the Protocol for Broker Recruiting. I think it best that we have a full discussion on the record, if necessary, on July 23, 2008 at 3:30 p.m., to fully explore the matter before an injunction should issue.

CONCLUSION

Defendant's motion (Dkt. #5) to dissolve the Temporary Restraining Order is granted and the Temporary Restraining Order issued by this Court on July 9, 2008, is vacated.

IT IS SO ORDERED.

Rochester, New York

20080711

© 1992-2008 VersusLaw Inc.



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