MEMORANDUM AND ORDER
BECHTLE, District Judge.
Presently before the court is the defendant's motion to dismiss pursuant to Fed.R. Civ.P. 12(b) for lack of subject matter jurisdiction or, alternatively, because the statute of limitations for this action has expired. For the reasons stated herein, after full consideration of the supporting legal briefs, reply briefs and affidavits, defendant's motion to dismiss will be granted.
I. BACKGROUND
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