MEMORANDUM OPINION AND ORDER
ALESIA, District Judge.
This matter is before the court on defendant's motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) and, alternatively, defendant's motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c).
The motion is granted in part and denied in part.
I. BACKGROUND
Both parties are designers and builders of residential...
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