UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
February 22, 2006
WEGMANS FOOD MARKETS, INC., PLAINTIFF,
ANCOMA, INC., ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
ORDER TO SHOW CAUSE
Plaintiff, Wegmans Food Markets, Inc. ("Wegmans"), filed a complaint for interpleader on January 30, 2006. On that same day, Wegmans moved, ex parte, for this Court to treat this case as a proper interpleader action and direct the United States Marshal to serve the numerous defendants listed in the complaint. The ex parte motion is denied, and Wegmans is ORDERED TO SHOW CAUSE before this Court by submitting affidavits and a memorandum of law as to why this case is a proper interpleader action. Wegmans is directed to respond on or before March 10, 2006.
Wegmans should be prepared to address the elements for a proper interpleader action and why this action is not similar to the following cases where interpleader was denied. See North American Marketing Corp. v. K. Gronbach & Assoc., Inc., 221 F.R.D. 296 (D. Conn. 2002); Bradley v. Kochenash, 44 F.3d 166 (2d Cir. 1995).
Upon receipt of the submissions, the Court will determine if oral argument is necessary.
IT IS SO ORDERED.
Rochester, New York
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