ORDER
GRAY H. MILLER, District Judge.
Pending before the court is a motion to dismiss filed by defendant, Citimortgage, Inc. ("CMI"). Dkt. 6. Plaintiff Mario Jose Ortiz has requested that the court deny the motion or, alternatively, grant him leave to amend. Dkt. 8. Having considered the motion, responsive briefing, and applicable law, the court is of the opinion that CMI's motion to dismiss (Dkt. 6) should be GRANTED IN PART AND DENIED IN PART.
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