ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION TO DISMISS
GONZALO P. CURIEL, District Judge.
On September 25, 2013, Plaintiff Ernest O. Abbit ("Plaintiff") filed a complaint ("Complaint") against Defendant ING USA Annuity and Life Insurance Company ("Defendant" or "ING"). (Dkt. No. 1.) On November 25, 2013, Defendant filed a motion to dismiss Plaintiff's Complaint pursuant to Federal Rules of Civil Procedure 12(b)(6) and a related request...
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