MEMORANDUM OPINION
URBINA, District Judge.
DENYING THE DEFENDANT'S MOTION TO DISMISS; SUA SPONTE GRANTING THE PLAINTIFF LEAVE TO AMEND HIS COMPLAINT
I. INTRODUCTION
This case comes before the court on the defendant's motion to dismiss pursuant to Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The defendant alternatively moves for summary judgment pursuant to Federal Rule of Civil Procedure 56...
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