Unicredit Bank AG, New York Branch et al v. Bucheli et al
| Unicredit Bank AG, New York Branch, Fifth Third Bank and First Missouri Bancshares, Inc. |
| Fausto R. Bucheli, Jr., Ann E. Bucheli, Bucheli Insurance Agency, Inc., Hosford Insurance Agency, Inc, Markus Hillman and Helen Hillman |
| 2:2010cv02436 |
| August 6, 2010 |
| US District Court for the District of Kansas |
| Kansas City Office |
| XX US, Outside State |
| Kenneth G. Gale |
| John W. Lungstrum |
| Negotiable Instrument |
| 28 U.S.C. ยง 1332 |
| None |
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Filing
38
MEMORANDUM AND ORDER granting in part and denying in part 17 Motion to Dismiss defendants' counterclaims - The motion is granted with respect to defendants counterclaims for breach of contract (Count I) and fraud (Count IV), and those claims a re hereby dismissed, although defendants are granted leave to amend those counterclaims in accordance with this opinion on or before September 23, 2011. The motion is denied in all other respects. It is further ordered that the 15 Motion to Strik e defendants' affirmative defenses is granted in part and denied in part. The motion is granted with respect to defendants second, third, and seventh affirmative defenses to the extent based on fraud, and those defenses are hereby deemed strick en, although defendants are granted leave to amend those affirmative defenses in accordance with this opinion on or before September 19, 2011. The motion is denied in all other respects. Signed by District Judge John W. Lungstrum on 9/12/2011. (ses)
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