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

Filing 57

ORDER granting Defendant's motion for permission to file a third party complaint in this action 56 Motion for Joinder is granted. Within 10 days of the date of this order, defendant shall file, with proof of service upon plaintiffs' coun sel a third party complaint in the form of the proposed third party complaint attached to and made a part of defendants's motion (Dkt. 56-4). Upon the filing of the third party complaint, the clerk is directed to issue summons addressed to the three third party defendants. Signed by Magistrate Judge David E. Peebles on 6/19/09. (mnm, )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ TRAFALGAR POWER, INC., et al., Plaintiffs, Civil Action No. 5:05-CV-1533 (DNH/DEP) vs. U.S. BANK NATIONAL ASSOCIATION, Defendant. ____________________________________ APPEARANCES: FOR PLAINTIFFS: HARRIS, BEACH PLLC 99 Garnsey Road Pittsford, NY 14534 PAUL J. YESAWICH , III, ESQ. DAVID J. EDWARDS, ESQ. LAURA W. SMALLEY, ESQ. OF COUNSEL:

FOR DEFENDANT: SHIPMAN & GOODWIN LLP One Constitution Plaza Hartford, CT 06103-1919 BOND, SCHOENECK & KING PLLC One Lincoln Center Syracuse, NY 13202 DAVID E. PEEBLES U.S. MAGISTRATE JUDGE ORDER KATHLEEN M. LAMANNA, ESQ. MARK OSTROWSKI, ESQ. JILL M. O'TOOLE, ESQ. BRIAN J. BUTLER, ESQ. COLIN M. LEONARD, ESQ.

Defendant U.S. Bank National Association f/k/a State Street Bank & Trust Company of Connecticut has moved pursuant to Rules 14 and 18 of the Federal Rules of Civil Procedure for an order permitting the filing of a third party complaint in this action against Algonquin Power Corporation, Inc., Algonquin Power Income Fund and Algonquin Power Income Fund (Canada), Inc. Dkt. No. 56. The court has been informed that plaintiffs Trafalgar Power, Inc. and Christine Falls Corporation do not oppose defendant's motion. Based upon the foregoing, and upon due deliberation, it is therefore hereby ORDERED as follows: 1) Defendant's motion for permission to file a third party

complaint in this action (Dkt. No. 56) is GRANTED. 2) Within ten (10) days of the date of this order defendant shall

file, with proof of service upon plaintiffs' counsel, a third party complaint in the form of the proposed third party complaint attached to and made a part of defendant's motion (Dkt. No. 56-4). 3) Upon the filing of defendant's third party complaint the clerk is

directed to issue summonses addressed to the three third party

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defendants joined in accordance with this order. 4) The clerk is directed to promptly forward copies of this order

electronically to counsel for plaintiffs and defendant pursuant to this court's local rules.

Dated:

June 19, 2009 Syracuse, NY

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