Int'l Bus. Machs. Corp. v. Simon

J. PAUL OETKEN, District Judge:

In this action brought pursuant to 28 U.S.C. § 2201, New York company International Business Machines Corporation ("IBM"), seeks a declaratory judgment to the effect that (1) Canadian company MGV Computer Holdings, Inc. ("MGV") and its attorney-in-fact, Canadian citizen and resident Robert Simon (together, "Defendants"), have released certain contract claims against IBM as part of an earlier 2007 settlement agreement and (2) IBM is entitled to recover attorney's fees and costs in the instant suit. Defendants, in turn, have filed counterclaims seeking rescission…