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WELLS FARGO & CO. v. U.S.

Case No. 09-CV-2764 PJS AJB.

750 F.Supp.2d 1049 (2010)

WELLS FARGO & COMPANY, on behalf of itself and the members of its affiliated group filing a consolidated return, Plaintiff, v. UNITED STATES of America, Defendant.

United States District Court, D. Minnesota.

October 27, 2010.

Attorney(s) appearing for the Case

B. John Williams, Jr., Julia M. Kazaks, Cary D. Pugh, Kristin R. Keeling, Skadden, Arps, Slate, Meagher & Flom LLP; Walter A. Pickhardt, Martin S. Chester, Faegre & Benson LLP; Mark A. Hager, Andrew T. Gardner, Jeffrey A. Sloan, William K. Wilcox, Wells Fargo & Company, for Plaintiff.

Dennis M. Donohue, John L. Schoenecker, Matthew Von Schuch, Alan S. Kline, United States Department of Justice, for Defendant.

PATRICK J. SCHILTZ, District Judge.

Plaintiff Wells Fargo & Company ("Wells Fargo") brings this action for a refund of taxes and previously paid deficiency interest. In its amended answer to Wells Fargo's amended complaint, the government has asserted an "offset" or "recoupment" defense.1 See Docket No. 36 at 41. Wells Fargo brought a motion to strike this defense under Fed.R.Civ.P. 12(f), which was denied by United States Magistrate...

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