The following excerpt is from Thielmann v. MF Global Holdings, Ltd. (In re MF Global Holdings, Ltd.), Adv. Proc. No. 11-02880 (MG), Adv. Proc. No. 11-02921 (MG), Case No. 11-15059 (MG) (Bankr. S.D.N.Y. 2012):
vindicate the same rights." James v. AT&T Corp., 334 F. Supp. 2d 410, 411 (S.D.N.Y. 2004) (finding that a second action should be dismissed because it included the same parties and sought the same relief and was only filed to correct a procedural flaw). Moreover, as in James, "[t]he issues and facts to be determined, the witnesses and evidence required, and the relief requested, are exactly the same." Id.
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