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LEXINGTON INS. CO. v. OFFICE DEPOT, INC.

No. 12 C 9990.

943 F.Supp.2d 844 (2013)

LEXINGTON INSURANCE COMPANY et al. v. OFFICE DEPOT, INC. et al.

United States District Court, N.D. Illinois.

May 6, 2013.

Attorney(s) appearing for the Case

Amy Lynn Dvorak , Brad Mitchell Gordon , Grotefeld Hoffmann Schleiter Gordon & Ochoa LLP, Chicago, IL, for Lexington Insurance Company et al.

Steven Alan Hart , Benjamin Michael Shrader , Brian M. Nye , Segal McCambridge Singer Mahoney, Ltd., Michael James Mullen , Philip W. Domagalski , Kralovec & Marquard, Chartered, Brenton Warren Vincent , Bryan Cave LLP, Chicago, IL, Brittany Dawn Kozal , Bryan Cave LLP, Saint Louis, MO, for Office Depot, Inc. et al.

STATEMENT

HARRY D. LEINENWEBER, District Judge.

Before the Court is Defendant Office Depot, Inc.'s motion to dismiss. For the reasons that follow, the Court grants the motion.

I. FACTUAL BACKGROUND

This case involves a subrogation action which arises from a fire in the 25-story Bank of America, N.A. ("BOA") banking center located at 33 North Dearborn, in Chicago, Illinois. On March 6, 2011, an electrical counterfeit...

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