Guarantee Co. of North America v. Pinto

*471 MEMORANDUM AND ORDER ON TWO MOTIONS TO STRIKE OR DISMISS THE THIRD-PARTY COMPLAINT (## 66 & 70)

COLLINGS, United States Magistrate Judge.

I. Introduction

The motions to strike or dismiss the third-party complaint raise the issue of whether a defendant, in this case State Street Bank and Trust Co. (“State Street”), can file a third-party complaint, in this case against Canam Steel Corporation (“Canam”), without leave of Court. The answer depends on whether an answer of State Street to a cross-claim by a co-defendant can be deemed an “original answer” as that phrase is used in Rule 14(a),…