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

OPINION & ORDER

BAER, Senior District Judge.

Counterclaim defendants Merrill Lynch & Co., Inc. (“ML & Co.”) and Merrill Lynch Capital Services, Inc. (“MLCS”) (collectively, “Merrill Lynch” or “counterclaim defendants”) move to dismiss each of the four counterclaims asserted by counterclaim plaintiffs Allegheny Energy, Inc. (“Allegheny Energy”) and Allegheny Energy Supply Co., LLC (“Allegheny Supply”) (collectively “Allegheny” or “counterclaim plaintiffs”) or, in the alternative, strike the counterclaims. For the following reasons, Merrill Lynch’s motion is granted in part and denied in part.

I.…