ABBIT v. ING USA ANNUITY AND LIFE INS. CO.

Case No. 13cv2310-GPC-WVG.

999 F.Supp.2d 1189 (2014)

Ernest O. ABBIT, on behalf of himself and on behalf of all persons similarly situated, Plaintiff, v. ING USA ANNUITY AND LIFE INSURANCE COMPANY, Defendant.

United States District Court, S.D. California.

February 25, 2014.


Attorney(s) appearing for the Case

Timothy J. Tatro , Tatro & Zamoyski, LLP, Andrew W. Hutton , Hutton Law Group, San Diego, CA, for Plaintiff.

Christopher T. Wright , David J. Noonan , Kirby Noonan Lance and Hoge, San Diego, CA, Clark C. Johnson , Joseph L. Hamilton , Oluwafunmito P. Seton , Stites & Harbison, PLLC, Louisville, KY, for Defendant.


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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