Trafalgar Power, Inc. et al v. State Street Bank and Trust Company of Connecticut, N.A.

Filing 44

ORDER granting in part and denying in part 33 Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6); The Third, Fifth, Sixth, Seventh, & Eighth Causes of Action are DISMISSED; The motion as to the First, Second, & Fourth Causes of Actions is DENIED; and Deft shall file & serve an Answer to the First, Second, & Fourth Causes of Action on or before 2/24/2009. Signed by Judge David N. Hurd on 2/10/2009. (see)

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK -------------------------------TRAFALGAR POWER, INC., et al., Plaintiffs, -vU.S. BANK NATIONAL ASSOCIATION, Defendant. -------------------------------DAVID N. HURD United States District Judge ORDER Pursuant to the oral decision of the Court, entered into the record after hearing oral argument on February 10, 2009, in Utica, New York, it is hereby ORDERED that 1. Defendants' motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6) is GRANTED in part and DENIED in part; 2. The Third, Fifth, Sixth, Seventh, and Eighth Causes of Action are DISMISSED; 3. The motion as to the First, Second, and Fourth Causes of Actions is DENIED; and 4. Defendant shall file and serve an Answer to the First, Second, and Fourth Causes of Action on or before February 24, 2009. IT IS SO ORDERED. 5:05-CV-1533

Dated: February 10, 2009 Utica, New York.