CITIGROUP, INC. v. WACHOVIA CORP.

No. 08 Civ. 8668(SAS).

613 F.Supp.2d 485 (2009)

CITIGROUP, INC., Plaintiff, v. WACHOVIA CORP., et al., Defendants.

United States District Court, S.D. New York.

March 20, 2009.


Attorney(s) appearing for the Case

Gregory P. Joseph, Esq., Pamela Jarvis, Esq., Sandra M. Lipsman, Esq., Mara Leventhal, Esq., Rachel M. Cherington, Esq., Samuel N. Fraidin, Esq., Gregory P. Joseph Law Office LLC, Paul A. Engelmayer, Esq., Charles C. Platt, Esq., Wilmer, Cutler, Hale & Dorr, L.L.P. (N.Y.C), New York, NY, for Citigroup.

Eric Seiler, Esq., Bruce S. Kaplan, Esq., Andrew W. Goldwater, Esq., Andrew W. Shilling, Esq., Friedman, Kaplan, Seiler and Adelman, New York, NY, for Wachovia and Wells Fargo.


OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge.

THE COURT: "If it acts like a defense and sounds like a defense and quacks like a defense, then it's a defense."

March 11, 2009 Oral Argument

I. INTRODUCTION

On October 9, 2008, defendants Wachovia Corporation and Wells Fargo & Company removed this action ("the pending action")—and an earlier action based on the same facts ("the original action")—...

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