Banus v. Citigroup Global Markets, Inc. et al
| Thomas A. Banus |
| Citigroup Global Markets, Inc. and Does 1-50 |
| 1:2009cv07128 |
| August 12, 2009 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of State |
| Lewis A. Kaplan |
| None |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
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Filing
48
MEMORANDUM OPINION: Mr. Thierman filed this action for the improper purpose of delaying pending arbitration proceedings. There is no evidence to support a finding that the plaintiffs, as lay persons, were primarily responsible for the strategy and re sulting arguments. Mr. Thierman pursued claims that either should have been decided in arbitration, as the plaintiffs contracts specified, or were completely without merit. The arguments were so baseless that the Court can conclude only that they wer e made in bad faith. For all of the foregoing reasons, defendants motion seeking attorneys fees is granted to the extent that Mr. Thierman shall pay appropriate defense costs in an amount that will be fixed on motion made by the defendants within 21 days of this order. (Signed by Judge Lewis A. Kaplan on 12/20/2010) (jfe)
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Filing
39
MEMORANDUM AND OPINION: For all the foregoing reasons, defendant's motion to dismiss the second amended complaint [DI 14] is granted to the extent that the second amended complaint is dismissed on the alternative grounds that the claims asserted therein (save the second claim for relief, which seeks vacatur of the arbitration award against Banus) are subject to arbitration and all fail to state a claim upon which relief may be granted. Plaintiffs' Rule 56(f)motion [DI 19] is denied in all respects. So Ordered (Signed by Judge Lewis A. Kaplan on 4/23/2010) (js)
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