Merrill Lynch & Co. v. Allegheny Energy, Inc.

MEMORANDUM & ORDER

BAER, District Judge.

Present before the Court are two outstanding issues. First, counterclaim plaintiffs Allegheny Energy, Inc.1 and Allegheny Energy Supply Co., LLC (collectively, “Allegheny”) move pursuant to Federal Rule of Civil Procedure (“Fed. R. Civ.P.”) 15(a) for leave to file Second Amended Counterclaims in the above-captioned matter. Second, Allegheny seeks discovery of two reports produced in connection with an internal investigation conducted by counterclaim defendants Merrill Lynch & Co., Inc. and Merrill Lynch Capital Services, Inc.2 (collectively, “Merrill…