BANK OF AMERICA v. SHELBOURNE DEVELOPMENT GROUP

No. 09 C 4963.

732 F.Supp.2d 809 (2010)

BANK OF AMERICA, N.A., Plaintiff, v. SHELBOURNE DEVELOPMENT GROUP, INC. and Garrett Kelleher, Defendants.

United States District Court, N.D. Illinois, Eastern Division.

August 18, 2010.


Attorney(s) appearing for the Case

Matthew K. Organ , Steven A. Levy , Goldberg Kohn Bell Black Rosenbloom & Moritz, Ltd., Chicago, IL, for Plaintiff.

Glenn L. Udell , Andrew Allen Jacobson , Brown, Udell, Pomerantz & Delrahim, Ltd., Chicago, IL, for Defendants.


MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, District Judge:

Plaintiff/Counter-Defendant, Bank of America, N.A. ("BOA"), has filed a motion ("Motion") to (1) dismiss Defendants/Counter-Plaintiffs Shelbourne Development Group, Inc. ("Shelbourne") and Garrett Kelleher's counterclaims and (2) strike their affirmative defenses. For the following reasons, the Court grants in part and denies in part BOA's Motion.

LEGAL STANDARDS

I. Rule...

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