Barber et al v. RLI Insurance Company

Filing 37

ORDER: GRANTING the # 32 Motion to Intervene. Further Ordered that this matter is referred to Magistrate Judge Treece for all further pretrial matters, including the resolution of the Applicants' request to amend the complaint. Signed by Senior Judge Frederick J. Scullin, Jr on 5/14/2010. {Clerk changed Arthur Ceas, Cecelia Beaudin, Marleen M. Izzano, Adina Schultz and Katherine Morelli from Movants to Intervenor Plaintiffs} (mae)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ______________________________________________ CATHY BARBER, STEVEN B. BARBER, and STEVEN B. BARBER II, Plaintiffs, v. RLI INSURANCE COMPANY, Defendant. ______________________________________________ APPEARANCES OFFICE OF DANIEL A. EHRING 20 Corporate Woods Boulevard Albany, New York 12211 Attorneys for Plaintiffs KAUFMAN BORGEEST & RYAN LLP 200 Summit Lake Drive Valhalla, New York 10595 Attorneys for Defendant POWERS & SANTOLA, LLP 39 North Pearl Street Albany, New York 12207-2785 Attorneys for Applicants SCULLIN, Senior Judge ORDER Currently before the Court is Arthur Ceas, Cecelia Beaudin, Marleen M. Izzano, Adina Schultz and Katherine Morelli's ("Applicants") motion to intervene in this action. See Dkt. No. OF COUNSEL DANIEL A. EHRING, ESQ. 1:06-CV-630 (FJS/RFT)

JOAN M. GILBRIDE, ESQ. LEONARD B. COOPER, ESQ.

DANIEL R. SANTOLA, ESQ.

32.1 Plaintiffs do not oppose this motion and, in fact, filed papers in support thereof. See Dkt. No. 33. Defendant does not oppose the Applicants' motion "to the extent that it seeks the sole relief of intervention." See Dkt. No. 34 at 1.2 In light of the fact that the parties have no opposition to the Applicants' motion to intervene in this action, the Court hereby ORDERS that Arthur Ceas, Cecelia Beaudin, Marleen M. Izzano, Adina Schultz and Katherine Morelli's motion to intervene in this action is GRANTED; and the Court further ORDERS that the Clerk of the Court shall add Arthur Ceas, Cecelia Beaudin, Marleen M. Izzano, Adina Schultz and Katherine Morelli as intervenor-plaintiffs in this action; and the Court further ORDERS that this matter is referred to Magistrate Judge Treece for all further pretrial matters, including the resolution of the Applicants' request to amend the complaint.

IT IS SO ORDERED.

Dated: May 14, 2010 Syracuse, New York

It also appears that the Applicants seek to amend the complaint in this action. This Order does not address that request. Defendant does, however, oppose the Applicants' request to amend the complaint. See Dkt. No. 34 at 5. -22

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