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03-5808 - Vanguard Balanced In, et al v. Citibank NA, et al DO NOT DOCKET. CASE HAS BEEN REMANDED TO PENNSYLVANIA.


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03-5808 - Vanguard Balanced In, et al v. Citibank NA, et al DO NOT DOCKET. CASE HAS BEEN REMANDED TO PENNSYLVANIA.
March 19, 2008
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ORDER granting in part and withdrawing in part 59 Citibank Defendants' Motion to Dismiss. Plaintiff's request to withdraw Counts III, IV, VI, and that portion of Count VII that relates to Defendants' alleged conspiracy to commit fraudulent transfers is GRANTED. It is further ORDERED, pursuant to Rules 19(a) and 23(b)(6), that Citibank Defendants' motion to dismiss the Vanguard Plaintiffs' Counts V is GRANTED without prejudice to Count V's being reurged by the Trustee on behalf of all Yosimite Noteholders that have not settled with Citibank Defendants. If the Trustee wishes to pursue Count V, it shall move to replead in CA H-05-1191 within twenty-one days and add that claim once again.( Signed by Judge Melinda Harmon ) Parties notified.(htippen, )