County of Oswego Industrial Development Agency v. Fulton Cogeneration Associates, L.P. et al

Filing 172

MEMORANDUM-DECISION AND ORDER: Ordered that plaintiff's # 136 MOTION for Summary Judgment is granted against defendants Fulton Cogeneration Associates, LP., Lions Capital Mangement, LLC, a/k/a Lion Capital Management, LLC, and Fimab, Promeneur & Hausmann, Inc. only. Further Ordered that decision is reserved as to the remaining defendants El Paso Merchant Energy-Petroleum Company, and ANR Venture Fulton Company. Signed by Chief Judge Norman A. Mordue on 4/3/2009. (mae)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
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COUNTY OF OSWEGO INDUSTRIAL DEVELOPMENT AGENCY, Plaintiff, -vFULTON COGENERATION ASSOCIATES, LP., LIONS CAPITAL MANAGEMENT, LLC, aka LION CAPITAL MANAGEMENT, LLC, FIMAB, PROMENEUR & HAUSMANN, INC., EL PASO MERCHANT ENERGY-PETROLEUM COMPANY., and ANR VENTURE FULTON COMPANY, Defendants.
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5:05-CV-926

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APPEARANCES: Hiscock & Barclay, LLP Robert B. Liddell, Esq., of Counsel One Park Place, 300 South State Street Syracuse, New York 13221 Attorneys for Plaintiff Nixon, Peabody LLP Daniel J. Hurteau, Esq., of Counsel Omni Plaza, Suite 900 30 South Pearl Street Albany, New York 12207 Attorneys for El Paso Merchant Energy-Petroleum Company and ANR Venture Fulton Company

Hon. Norman A. Mordue, Chief U.S. District Judge: MEMORANDUM-DECISION AND ORDER There are two motions pending in this case: plaintiff's motion for summary judgment against all defendants (Dkt. No. 136), and a cross motion for summary judgment by defendants El Paso Merchant Energy-Petroleum Company ("El Paso") and ANR Venture Fulton Company ("ANR") (Dkt. No. 142). Plaintiff has demonstrated its entitlement to summary judgment against defendants Fulton

Cogeneration Associates, LP. ("FCA"), Lions Capital Management, LLC, a/k/a Lion Capital Management, LLC ("Lions"), and Fimab, Promeneur & Hausmann, Inc. ("Fimab"). These defendants have not opposed the summary judgment motion; indeed, they have been in default in defending this action since their lawyer was granted leave to withdraw on March 30, 2007 (Dkt. No. 88). The remaining two defendants, El Paso and ANR, do not oppose summary judgment against FCA, Lions, and Fimab. Accordingly, summary judgment is granted against defendants FCA, Lions, and Fimab.
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El Paso and ANR seek dismissal of plaintiff's claims against them. They contend that they owe no direct obligation to plaintiff, nor are they liable for any debt FCA, Lions, or Fimab may owe plaintiff. In the near future, the Court will issue a decision on plaintiff's summary judgment motion insofar as it seeks summary judgment against defendants El Paso and ANR. At that time, the Court will also address the cross motion (Dkt. No. 142).
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It is therefore ORDERED that plaintiff's motion for summary judgment (Dkt. No. 136) is granted as against defendants Fulton Cogeneration Associates, LP., Lions Capital Management, LLC, a/k/a Lion Capital Management, LLC, and Fimab, Promeneur & Hausmann, Inc.; and it is further ORDERED that the Court reserves decision on plaintiff's motion for summary judgment
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(Dkt. No. 136) as against the remaining two defendants, El Paso Merchant Energy- Petroleum Company, and ANR Venture Fulton Company. IT IS SO ORDERED. Date: April 3, 2009 Syracuse, New York

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