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WHEELER v. CITIGROUP

No. 11 Civ. 4721(KNF).

938 F.Supp.2d 466 (2013)

Robert WHEELER and Jo-Anna Rodriguez-Wheeler, Plaintiffs, v. CITIGROUP, Citibank, CitiMortgage and CitiFinancial, Mortgage Electronic Registration Systems, Merscorp, Defendants. Citigroup, Citibank, CitiMortgage and CitiFinancial, Mortgage Electronic Registration System and Merscorp, Counter Claimants, v. Robert Wheeler and Jo-Anna Rodriguez-Wheeler, Counter Defendants.

United States District Court, S.D. New York.

April 8, 2013.

Attorney(s) appearing for the Case

Robert Wheeler, Bedford, NY, pro se.

Jo-Anna Rodriguez-Wheeler, Bedford, NY, pro se.

Bennett R. Katz, Katz & Rychik, P.C., New York, NY, for Defendants/Counter Claimants.

MEMORANDUM AND ORDER

KEVIN NATHANIEL FOX, United States Magistrate Judge.

Before the Court is the defendants' motion to dismiss for lack of subject-matter jurisdiction, pursuant to Rule 12(h)(3) of the Federal Rules of Civil Procedure (Docket Entry No. 135). The plaintiffs oppose the motion.

BACKGROUND

On July 8, 2011, the plaintiffs, proceeding pro se, commenced this action for damages against Citigroup, Citibank, CitiMortgage and...

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