RULING
SAM, Chief Judge.
This matter is before the court on defendant's motion to dismiss. The court has reviewed the pleadings and, pursuant to DU-CivR 7-1(f) will determine the matter based on the written memoranda of the parties without the assistance of oral argument.
Defendant Gunnarson has filed a motion to dismiss for lack of jurisdiction and for failure to state a claim upon which relief may...
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