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BANKERS INSURANCE COMPANY v. DLJ MORTGAGE CAPITAL, INC.

Case No. 8:10-CV-419-T-27EAJ.

BANKERS INSURANCE COMPANY and BANKERS LIFE INSURANCE CO., Plaintiffs, v. DLJ MORTGAGE CAPITAL, INC., et al., Defendants.

United States District Court, M.D. Florida, Tampa Division.

January 26, 2012.

Attorney(s) appearing for the Case

Bankers Insurance Company, Plaintiff, represented by Brian R. Kopelowitz, Kopelowitz Ostrow & Dale Ledbetter, Ledbetter & Associates, PA.

Bankers Life Insurance Company, Plaintiff, represented by Brian R. Kopelowitz, Kopelowitz Ostrow & Dale Ledbetter, Ledbetter & Associates, PA.

The Bank of New York Mellon, Defendant, represented by Colleen J. O'Loughlin, Bingham McCutchen LLP, PRO HAC VICE, David Barnett Weinstein, Greenberg Traurig, LLP, Jeffrey Q. Smith, Bingham McCutchen LLP, Scott E. Eckas, Bingham McCutchen LLP, PRO HAC VICE & Donald Crawford, II, Greenberg Traurig, LLP,

U.S. Bank, N.A., Defendant, represented by Marisa M.E. Fortunati, Morgan, Lewis & Bockius, LLP.

U.S. Bank, N.A., Defendant, represented by Michael S. Kraut, Morgan Lewis & Bockius LLP, PRO HAC VICE.

REPORT AND RECOMMENDATION

ELIZABETH A JENKINS, District Judge.

Before the court are Defendant U.S. Bank, N.A.'s ("U.S. Bank") Motion to Dismiss the Second Amended Derivative Complaint, or in the Alternative, Transfer This Action (Dkt. 77) and Plaintiffs' Response (Dkt. 83).1 For the reasons explained below, the motion to transfer the case to the United States District Court for...

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