[Copyrighted Material Omitted] Robert I. Harwood, Wechsler Harwood LLP, New York, NY, for Plaintiffs. DECISION AND ORDER ROBINSON, District Judge. I. Background A. Procedural History Barbara Strougo (" Strougo" ) filed suit on November 17, 2006 under the Securities Exchange Act of 1934 and SEC Rule 10b-5 on behalf of herself and all others who purchased or otherwise acquired shares of Brantley Capital Corporation (" Brantley" ) between August 14, 2003 and October 24, 2005 (the " Class Period" ).