Free Motion to Substitute Party - District Court of Delaware - Delaware


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Date: November 2, 2006
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State: Delaware
Category: District Court of Delaware
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Case 1:05-cv-00762-SLB Document 43 Filed 11/O2/2006 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
CONNECTICUT BANK OF )
COMMERCE, )
Plaintiff, l
v. l Civil Action No. 05-762 SLR
THE REPUBLIC OF CONGO, l
Defendant; l
CMS NOMECO CONGO INC., l
Garnishee. l
PLAINTIFF’S MOTION TO SUBSTITUTE PARTIES
Pursuant to Federal Rule of Civil Procedure 25(c), Af-Cap, Inc. ("Af-Cap"),
successor to plaintiff Connecticut Bank of Commerce (“CBC"), by and through its
undersigned counsel, hereby moves for an order authorizing the substitution of Af-Cap as
the plaintiff in this action. Federal Rule 25(c) provides that in case of any transfer in
interest, upon motion the Court may direct that the party to whom the interest is
transferred be substituted in the action. FED. R. CIV. P. 25(c).
On September 3, 2002, an Assignment Agreement was executed between the
Federal Deposit Insurance Corporation, acting as receiver for Connecticut Bank of
Commerce, and Af-Cap, Inc. (the "Agreement"). By the Agreement, Af-Cap was
assigned the money judgment at issue in this case. A true and correct copy of the
Agreement is attached hereto as Exhibit A.
Pursuant to Local Rule 7.1.1, undersigned counsel to Af»Cap conferred with
counsel to CMS Norneco Congo Inc. ("CMS”). CMS informed Af-Cap that it opposes
the relief sought herein.

Case 1:05-cv-00762-SLR Document 43 Filed 11/O2/2006 Page 2 ot 2
VVHEREFORE, Af-Cap respectfully requests that it be substituted for CBC as the
plaintiff in this case.
Dated: November jg, 2006 Respectfully submitted,
GREENBERG TRAURIG, LLP
(JC? E
Dennis A. Meloro (No. 4435)
The Nemours Building *
1007 North Orange Street :
Suite 1200
Wilmington, DE 19801
(302) 661-7000
I
and .
GREENBERG TRAURIG LLP I
Sanford M. Saunders, Jr.
Kenneth Kaplan
800 Connecticut Ave., N.W.
Suite 500
Washington, DC 20006
(202) 331-3100
Attorneys for PZairttt)§’
2