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Abbit v. ING USA Annuity and Life Insurance Company, No. 3:13-cv-02310 (S.D. Cal.)
Case Title: Abbit v. ING USA Annuity and Life Insurance Company
Case Type: Civil Case
Court: U.S. District Court for the Southern District of California
Index Number(s): 3:2013cv2310, 3:13-cv-02310, 3:13-cv-02310-GPC-WVG
Nature of Suit: 110 Insurance
Judge: Gonzalo P. Curiel
Magistrate Judge: William V. Gallo
Case Opened: September 25, 2013
Case Closed May 16, 2017
Docket Entries
Date Filed Dkt # Entry Text
Sep 25, 2013 1 COMPLAINT with Jury Demand against ING USA Annuity and Life Insurance Company (Filing fee $ 400 receipt number 0974-6326933) filed by Ernest O. Abbit. (Attachments: # 1 Complaint Part 2, # 2 Civil Case Cover Sheet, # 3 Exhibit A)The new case number is 3:13-cv-2310-GPC-WVG. Judge Gonzalo P. Curiel and Magistrate Judge William V. Gallo are assigned to the case. (Tatro, Timothy)(kcm) (cap). (Entered: 09/25/2013)
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Sep 25, 2013 2 Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (kcm) (cap). (Entered: 09/25/2013)
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Oct 29, 2013 3 SUMMONS Returned Executed by Ernest O. Abbit. ING USA Annuity and Life Insurance Company served. (Tatro, Timothy) (srm). (Entered: 10/29/2013)
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Nov 13, 2013 4 Joint MOTION for Extension of Time to File Answer to Complaint by ING USA Annuity and Life Insurance Company. (Attachments: # 1 Proposed Order)(Wright, Christopher)Attorney Christopher T. Wright added to party ING USA Annuity and Life Insurance Company(pty:dft) (srm). (Entered: 11/13/2013)
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Nov 14, 2013 5 ORDER Granting Joint Motion for Extension of Time for Defendant to Respond to Complaint 4 . It is hereby ordered that the parties' Joint Motion for Stipulated Extension of Time to File Defendant's Response to Complaint is Granted. Defendant shall have up to and including 11/25/2013, to answer or otherwise respond to Plaintiff's Complaint. Signed by Judge Gonzalo P. Curiel on 11/14/2013. (vam) (Entered: 11/14/2013)
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Nov 25, 2013 6 MOTION to Dismiss by ING USA Annuity and Life Insurance Company. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Declaration Declaration of William Bainbridge, # 4 Exhibit Bainbridge Exhibit 1, # 5 Exhibit Bainbridge Exhibit 2, # 6 Exhibit Bainbridge Exhibit 3, # 7 Exhibit Bainbridge Exhibit 4, # 8 Exhibit Bainbridge Exhibit 5, # 9 Proof of Service)(Wright, Christopher) (srm). (Entered: 11/25/2013)
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Nov 25, 2013 7 Corporate Disclosure Statement by ING USA Annuity and Life Insurance Company identifying Corporate Parent Lion Connecticut Holdings, Inc., Corporate Parent ING Groep N.V., Corporate Parent ING U.S., Inc. for ING USA Annuity and Life Insurance Company.. (Attachments: # 1 Proof of Service)(Wright, Christopher) (srm). (Entered: 11/25/2013)
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Dec 2, 2013 8 ORDER Setting Briefing Schedule. Responses due by 12/18/2013 and Replies due by 12/27/2013 as to 6 MOTION to Dismiss . Signed by Judge Gonzalo P. Curiel on 12/2/2013.(ag) (cap). (Entered: 12/02/2013)
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Dec 5, 2013 9 PRO HAC VICE APPOINTED: Joseph L. Hamilton appearing for Defendant ING USA Annuity and Life Insurance Company, Receipt # 57450. (jao) (Entered: 12/05/2013)
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Dec 5, 2013 10 PRO HAC VICE APPOINTED: Oluwafunmito P. Seton appearing for Defendant ING USA Annuity and Life Insurance Company, Receipt # 57452. (jao) (Entered: 12/05/2013)
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Dec 5, 2013 11 PRO HAC VICE APPOINTED: Clark C. Johnson appearing for Defendant ING USA Annuity and Life Insurance Company, Receipt # 57451. (jao) (Entered: 12/05/2013)
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Dec 6, 2013 12 Joint MOTION to Continue Def's Motion to Dismiss by Ernest O. Abbit. (Tatro, Timothy) (srm). (Entered: 12/06/2013)
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Dec 6, 2013 13 ORDER Granting 12 Joint Motion For Continuance; Resetting Hearing Date and Briefing Schedule. The Court hereby resets the hearing date for Defendant's Motion to Dismiss to Friday, February 7, at 1:30 p.m. The court sets the following Briefing Schedul: Plaintiff shall file a response on or by January 8, 2014. Any reply shall be dueon or by January 17, 2014. Signed by Judge Gonzalo P. Curiel on 12/6/13. (dlg). (Entered: 12/09/2013)
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Jan 8, 2014 14 RESPONSE in Opposition re 6 MOTION to Dismiss filed by Ernest O. Abbit. (Attachments: # 1 Request for Judicial Notice Opposition to Def's RJN, # 2 Proof of Service)(Tatro, Timothy) (mdc) (Entered: 01/08/2014)
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Jan 9, 2014 15 NOTICE of Appearance by David J Noonan on behalf of ING USA Annuity and Life Insurance Company (Attachments: # 1 Proof of Service)(Noonan, David)Attorney David J Noonan added to party ING USA Annuity and Life Insurance Company(pty:dft) (srm). (Entered: 01/09/2014)
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Jan 17, 2014 16 REPLY to Response to Motion re 6 MOTION to Dismiss filed by ING USA Annuity and Life Insurance Company. (Wright, Christopher) (srm). (Entered: 01/17/2014)
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Jan 27, 2014 17 NOTICE of Appearance by Andrew W. Hutton on behalf of Ernest O. Abbit (Attachments: # 1 Proof of Service)(Hutton, Andrew)Attorney Andrew W. Hutton added to party Ernest O. Abbit(pty:pla) (srm). (Entered: 01/27/2014)
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Feb 5, 2014 18 ORDER Vacating Hearing Date. The Court takes the matter (motion to dismiss, Doc. 6 ) under submission and VACATES the hearing date set for February 7, 2014. Signed by Judge Gonzalo P. Curiel on 2/5/2014. (srm) (Entered: 02/05/2014)
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Feb 25, 2014 19 ORDER Granting In Part and Denying In Part 6 Defendant's Motion to Dismiss Plaintiff granted thirty (30) days leave to file an amended complaint. Signed by Judge Gonzalo P. Curiel on 2/25/2014. (srm) (Entered: 02/25/2014)
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Mar 27, 2014 20 FIRST AMENDED COMPLAINT with Jury Demand against All Defendants, filed by Ernest O. Abbit. (Attachments: # 1 Exhibit Annuity Contract)New Summons Requested. (Tatro, Timothy) (srm). (Entered: 03/27/2014)
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Exhibit Annuity Contract

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