MEMORANDUM AND ORDER
DAVIS, District Judge.
INTRODUCTION
Presently before the court is defendant's motion for dismissal, or, in the alternative, for summary judgment. For the following reasons, the motion is DENIED in part and GRANTED in part.
PROCEDURAL BACKGROUND
This motion arises at a very early stage in the litigation; aside from defendant's statement that it has made initial disclosures made pursuant to Fed.R.Civ.P. 26(a...
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