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DEUTSCHE ALT-A SECURITIES v. DB STRUCTURED PRODS.

No. 12 Civ. 8594(RWS).

958 F.Supp.2d 488 (2013)

DEUTSCHE ALT-A SECURITIES MORTGAGE LOAN TRUST, SERIES 2006-OA1, by HSBC Bank USA, National Association, as Trustee, Plaintiff, v. DB STRUCTURED PRODUCTS, INC., Defendant.

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

July 24, 2013.

Attorney(s) appearing for the Case

Holwell Shuster & Goldberg LLP, by: Michael S. Shuster, Esq., Lani A. Perlman, Esq., Eileen M. DeLucia, Esq., New York, NY, for Plaintiff Deutsche Alt-A Securities Loan Trust, Series 2006-OA1.

Simpson Thacher & Bartlett LLP, by: Thomas C. Rice, Esq., David J. Woll, Esq., Isaac M. Rethy, Esq., New York, NY, for Defendant DB Structured Products, Inc.

OPINION

SWEET, District Judge.

Defendant DB Structured Products, Inc. ("DBSP") moves pursuant to Rule 12(b)(6) to dismiss the First Amended Complaint ("FAG") filed by Plaintiff HSBC Bank USA ("HSBC" or "Plaintiff"). For the reasons set forth below, Defendants' Motion to Dismiss is granted in part and denied in part.

I. PRIOR PROCEEDINGS

Plaintiff HSBC initiated this action on November 27, 2012, at the direction...

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