MEMORANDUM AND ORDER
RAMSEY, District Judge.
Pending before the Court in the abovecaptioned case is defendant, Bayer's, motion to dismiss, or in the alternative, for summary judgment. Pursuant to Local Rule 105, subd. 6 (D.Md), the Court will decide defendant's motion without a hearing.
As a preliminary matter, the Court must decide whether to treat defendant's motion as a motion to dismiss or a motion for summary judgment. Pursuant to Fed.R. Civ...
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