MEMORANDUM
NICKERSON, District Judge.
Pending before the Court is Defendant's Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (Paper No. 26). The issues have been fully briefed and are ripe for consideration. Upon a review of the pleadings and the applicable case law, the Court determines that no hearing is necessary (Local Rule 105.6) and that Defendant's motion will be granted.
I. BACKGROUND
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